Compilation #60 | Effective 2025-12-05
FRBR Work URI: /akn/au/act/2006/14
This Act may be cited as the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
The object of this Act is to provide an effective regulatory framework for:
petroleum exploration and recovery; and
the injection and storage of greenhouse gas substances;
in offshore areas.
The following is a simplified outline of this Act:
• This Act sets up a system for regulating the following activities in offshore areas:
exploration for petroleum;
recovery of petroleum;
construction and operation of infrastructure facilities relating to petroleum or greenhouse gas substances;
construction and operation of pipelines for conveying petroleum or greenhouse gas substances;
exploration for potential greenhouse gas storage formations;
injection and storage of greenhouse gas substances.
• An offshore area:
starts 3 nautical miles from the baseline from which the breadth of the territorial sea is measured; and
extends seaward to the outer limits of the continental shelf.
• This Act provides for the grant of the following titles:
a petroleum exploration permit (see Part 2.2);
a petroleum retention lease (see Part 2.3);
a petroleum production licence (see Part 2.4);
an infrastructure licence (see Part 2.5);
a pipeline licence (see Part 2.6);
a petroleum special prospecting authority (see Part 2.7);
a petroleum access authority (see Part 2.8);
a greenhouse gas assessment permit (see Part 3.2);
a greenhouse gas holding lease (see Part 3.3);
a greenhouse gas injection licence (see Part 3.4);
a greenhouse gas search authority (see Part 3.5);
a greenhouse gas special authority (see Part 3.6).
• Generally, the administration of this Act in relation to an offshore area of a State is the responsibility of the Joint Authority for the State. The Joint Authority for a State (other than Tasmania) is constituted by the responsible State Minister and the responsible Commonwealth Minister. The Joint Authority for Tasmania is constituted by the responsible Commonwealth Minister.
• Generally, the administration of this Act in relation to the Principal Northern Territory offshore area is the responsibility of the Joint Authority for that area (the Joint Authority is constituted by the responsible Northern Territory Minister and the responsible Commonwealth Minister).
• The responsible Commonwealth Minister is responsible for the administration of greenhouse gas injection and storage provisions.
• The National Offshore Petroleum Safety and Environmental Management Authority is responsible for the administration of:
occupational health and safety provisions; and
structural integrity provisions; and
environmental management provisions.
• The National Offshore Petroleum Titles Administrator is responsible for:
assisting and advising the Joint Authority and the responsible Commonwealth Minister; and
keeping registers of titles; and
data and information management.
Note: Generally, the baseline is the line of lowest astronomical tide along the coast, but it also encompasses straight lines across bays (bay closing lines), rivers (river closing lines) and between islands, as well as along heavily indented areas of coastline (straight baselines) under certain circumstances.
This section explains the agreement known as the Offshore Constitutional Settlement, to the extent to which that agreement relates to exploring for, and exploiting, petroleum.
The Commonwealth, the States and the Northern Territory have agreed that:
Commonwealth offshore petroleum legislation should be limited to the area that is outside the coastal waters of the States and the Northern Territory; and
for this purpose, the outer limits of State and Northern Territory coastal waters should start 3 nautical miles from the baseline of the territorial sea; and
the States and the Northern Territory should share, in the manner provided by this Act, in the administration of the Commonwealth offshore petroleum legislation; and
State and Northern Territory offshore petroleum legislation should apply to State and Northern Territory coastal waters; and
the Commonwealth, the States and the Northern Territory should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling the exploration for, and exploitation of, offshore petroleum beyond the baseline of Australia’s territorial sea.
The table summarises other Acts that provide background to the Offshore Constitutional Settlement:
This section sets out simplified maps illustrating areas off the coast of Australia that are relevant to this Act.
In the interests of simplification:
coastlines and boundaries have been smoothed; and
the maps do not show certain waters within the limits of a State or Territory; and
the line marking the outer limits of the coastal waters of a State or Territory appears to be further out to sea than it actually is.
Map 1
Map 1 illustrates the offshore areas and the scheduled areas:
Note 1: As at the day on which the Bill that became this Act was introduced into the House of Representatives, certain maritime areas adjacent to Australia remained subject to delimitation with other countries. The full extent of Australia’s claimed exclusive economic zone and continental shelf jurisdiction has not been shown in this map. The claimed jurisdiction extends beyond the areas shown in this map.
Note 2: Generally, the territorial sea baseline is the line of lowest astronomical tide along the coast, but it also encompasses straight lines across bays (bay closing lines), rivers (river closing lines) and between islands, as well as along heavily indented areas of coastline (straight baselines) under certain circumstances.
Map 2
Map 2 zooms in and illustrates the offshore area of South Australia:
Map 3
Map 3 zooms in and illustrates coastal waters and waters within the limits of South Australia:
Note: The bays shown as being within the limits of South Australia are for illustrative purposes only.
In this Act, unless the contrary intention appears:
acts jointly with has the meaning given by subsection 566B(2).
applied provisions has the meaning given by subsection 80(2).
approved means approved in writing by the Titles Administrator. This definition does not apply to: (a) the expression approved site plan; or section 286A; or section 452A; or section 650; or subsection 695B(3); or section 695F; or section 695YC; or Schedule 3.
(a) the expression approved site plan; or
section 286A; or
section 452A; or
section 650; or
subsection 695B(3); or
section 695F; or
section 695YC; or
Schedule 3.
approved site plan means a site plan in respect of which an approval is in force under the regulations.
authority area:
Note: See section 457.
when used in relation to a petroleum special prospecting authority—means the area constituted by the block or blocks that are the subject of the petroleum special prospecting authority; or
when used in relation to a petroleum access authority—means the area to which the petroleum access authority relates; or
when used in relation to a greenhouse gas search authority—means the area constituted by the block or blocks that are the subject of the greenhouse gas search authority; or
when used in relation to a greenhouse gas special authority—means the area to which the greenhouse gas special authority relates.
Bayu-Undan pipeline international offshore area means the area described in Schedule 8.
block means a block constituted as provided by section 33, 282, 461A or 462.
boundary-change petroleum exploration permit means:
a petroleum exploration permit granted under Division 4A of Part 2.2; or
a petroleum exploration permit granted under Division 5 of Part 2.2 by way of the renewal of a permit referred to in paragraph (a).
cash-bid greenhouse gas assessment permit means:
a greenhouse gas assessment permit granted under Division 3 of Part 3.2; or
a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of the renewal of a permit referred to in paragraph (a).
cash-bid petroleum exploration permit means:
a petroleum exploration permit granted under Division 3 of Part 2.2 of this Act; or
(b) an exploration permit granted under Petroleum (Submerged Lands) Act 1967; orsection 22B of the repealed
a petroleum exploration permit granted under Division 5 of Part 2.2 of this Act by way of the renewal of a permit referred to in paragraph (a) or (b); or
(d) an exploration permit granted under Petroleum (Submerged Lands) Act 1967 by way of the renewal of a permit referred to in paragraph (b).section 32 of the repealed
civil penalty provision has the same meaning as in the Regulatory Powers Act.
closure assurance period has the meaning given by section 399.
coastal waters means so much of the scheduled area for the State or Territory as consists of: the territorial sea; and any waters that are: on the landward side of the territorial sea; and not within the limits of the State or Territory. For this purpose, assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.
the territorial sea; and
any waters that are:
on the landward side of the territorial sea; and
not within the limits of the State or Territory.
For this purpose, assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.
Commissioner means a person appointed under section 780A.
Commission of inquiry means an inquiry conducted, or to be conducted, by a person appointed under section 780A.
compatible cross-boundary law has the meaning given by section 24A.
consolidated work-bid greenhouse gas assessment permit means:
a greenhouse gas assessment permit granted under Subdivision B of Division 2 of Part 3.2; or
a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of the renewal of a permit referred to in paragraph (a).
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
construct includes place.
continental shelf means the continental shelf (within the meaning of the Seas and Submerged Lands Act 1973) adjacent to the coast of: Australia (including the coast of any island forming part of a State or Territory); or a Territory.
Australia (including the coast of any island forming part of a State or Territory); or
a Territory.
Cross-boundary Authority has the meaning given by section 76A and, when used in the expression the Cross-boundary Authority, means the Cross-boundary Authority for the offshore area concerned.
cross-boundary greenhouse gas assessment permit means a greenhouse gas assessment permit granted under: Division 3A of Part 3.2; or Subdivision B of Division 4 of Part 3.2.
Division 3A of Part 3.2; or
Subdivision B of Division 4 of Part 3.2.
cross-boundary greenhouse gas holding lease means a greenhouse gas holding lease granted under: Subdivision AA, BA or CA of Division 2 of Part 3.3; or Subdivision B of Division 3 of Part 3.3.
Subdivision AA, BA or CA of Division 2 of Part 3.3; or
Subdivision B of Division 3 of Part 3.3.
cross-boundary greenhouse gas injection licence means a greenhouse gas injection licence granted under Subdivision AA of Division 2 of Part 3.4.
datum means a reference frame for defining geographic coordinates.
declared greenhouse gas facility has the meaning given by section 18.
declared petroleum exploration permit has the meaning given by section 101.
declared petroleum production licence has the meaning given by section 164.
declared petroleum retention lease has the meaning given by section 138.
designated agreement has the meaning given by section 32.
Designated Authority:
Note: If the position on the surface of the Earth of a particular point is identified by a coordinate that is determined by reference to a particular datum, the use of a different datum will result in the same point being identified by a different coordinate.
means a person who, at any time before the commencement of Part 6.10, was a Designated Authority (within the meaning of this Act); and
(b) when used in the expression the Designated Authority, means a person who, at any time before the commencement of Part 6.10, was the Designated Authority (within the meaning of this Act) for the offshore area concerned.
designated external Territory means:
Norfolk Island; or
the Territory of Christmas Island; or
the Territory of Cocos (Keeling) Islands; or
the Territory of Heard Island and McDonald Islands.
designated public official has the meaning given by section 33A.
detection agent means a substance, whether in a gaseous or liquid state, that: when added to: another substance; or a mixture of other substances; facilitates the monitoring of the behaviour of that other substance or that mixture, as the case may be; and is specified in the regulations.
when added to:
another substance; or
a mixture of other substances;
facilitates the monitoring of the behaviour of that other substance or that mixture, as the case may be; and
is specified in the regulations.
diving has the meaning given by section 24B.
diving operations has the meaning given by section 24C.
Eastern Greater Sunrise offshore area has the meaning given by Schedule 7.
eligible greenhouse gas storage formation has the meaning given by section 21.
engage in conduct means:
Note: Dive and diver have corresponding meanings (see section 18A of the Acts Interpretation Act 1901).
Note: The Eastern Greater Sunrise offshore area is a part of the offshore area of the Northern Territory.
do an act; or
omit to perform an act.
environmental management law has the same meaning as in Schedule 2A.
Environment Minister means the Minister administering the Environment Protection and Biodiversity Conservation Act 1999.
expert advisory committee means a committee established under section 748.
expert advisory committee member means a member of an expert advisory committee, and includes the Chair of an expert advisory committee.
expiry date:
when used in relation to a petroleum exploration permit, petroleum retention lease or petroleum production licence—has the meaning given by subsection 10(1); or
when used in relation to a greenhouse gas assessment permit or a greenhouse gas holding lease (other than a special greenhouse gas holding lease)—has the meaning given by subsection 10(2).
explore:
when used in relation to petroleum—has a meaning affected by subsection 19(1); or
when used in relation to a potential greenhouse gas storage formation—has a meaning affected by subsections 19(2) and (3); or
when used in relation to a potential greenhouse gas injection site—has a meaning affected by subsection 19(4).
Federal Court means the Federal Court of Australia.
Federation Reform Fund means the Federation Reform Fund established by section 5 of the Federation Reform Fund Act 2008.
fixed-term petroleum production licence means a petroleum production licence covered by item 2, 3 or 5 of the table in subsection 165(1).
fixed-term State/Territory petroleum production title means a State/Territory petroleum production title that was granted for a term of years.
fundamental suitability determinants:
when used in relation to an eligible greenhouse gas storage formation—has the meaning given by subsection 21(8); or
when used in relation to an identified greenhouse gas storage formation—has the meaning given by subsection 312(11) or 312A(11).
geographic coordinate includes:
a meridian of longitude by itself; and
a parallel of latitude by itself.
geological formation includes:
any seal or reservoir of a geological formation; and
any associated geological attributes or features of a geological formation.
good oilfield practice means all those things that are generally accepted as good and safe in: the carrying on of exploration for petroleum; or petroleum recovery operations.
the carrying on of exploration for petroleum; or
petroleum recovery operations.
good processing and transport practice means all those things that are generally accepted as good and safe in: the processing, conveyance, transport and storage of petroleum; and the preparation of petroleum for transport.
the processing, conveyance, transport and storage of petroleum; and
the preparation of petroleum for transport.
graticular section has the meaning given by section 33.
Greater Sunrise pipeline international offshore area means the area declared under section 780P.
Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973.
Greater Sunrise unitisation agreement means the Agreement between the Government of Australia and the Government of the Democratic Republic of Timor-Leste relating to the Unitisation of the Sunrise and Troubadour Fields, done at Dili on 6 March 2003, as in force immediately before the commencement of Schedule 1 to the Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019.
Greater Sunrise unit reservoir petroleum production licence means a petroleum production licence in respect of one or more blocks within the Eastern Greater Sunrise offshore area that would allow the licensee to recover petroleum from either or both of the Greater Sunrise unit reservoirs.
Greater Sunrise unit reservoirs means the unit reservoirs within the meaning of the Greater Sunrise unitisation agreement.
Greater Sunrise visiting inspector means a NOPSEMA inspector identified as a Greater Sunrise visiting inspector in his or her identity card (see subsection 602(4)).
greenhouse gas assessment permit means a greenhouse gas assessment permit granted under Part 3.2.
greenhouse gas assessment permit area means the permit area of a greenhouse gas assessment permit.
greenhouse gas assessment permittee means the registered holder of a greenhouse gas assessment permit.
greenhouse gas facility line means a pipe, or system of pipes, that is: for conveying a greenhouse gas substance; and part of a declared greenhouse gas facility.
Note: In 2007, the text of international agreements was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
for conveying a greenhouse gas substance; and
part of a declared greenhouse gas facility.
greenhouse gas holding lease means a greenhouse gas holding lease granted under Part 3.3.
greenhouse gas holding lease area means the lease area of a greenhouse gas holding lease.
greenhouse gas holding lessee means the registered holder of a greenhouse gas holding lease.
greenhouse gas infrastructure line means a pipe, or system of pipes, that is: for conveying a greenhouse gas substance; and part of an infrastructure facility.
for conveying a greenhouse gas substance; and
part of an infrastructure facility.
greenhouse gas injection licence means a greenhouse gas injection licence granted under Part 3.4.
greenhouse gas injection licence area means the licence area of a greenhouse gas injection licence.
greenhouse gas injection licensee means the registered holder of a greenhouse gas injection licence.
greenhouse gas injection line means a pipe, or system of pipes, for: conveying a greenhouse gas substance to be compressed, processed or otherwise prepared for injection into an identified greenhouse gas storage formation; or conveying a greenhouse gas substance for storage prior to being injected into an identified greenhouse gas storage formation; or conveying a greenhouse gas substance for injection into an identified greenhouse gas storage formation; so long as the greenhouse gas substance does not pass through a terminal point on the pipe, or system of pipes, as the case may be, before it is injected into the identified greenhouse gas storage formation.
conveying a greenhouse gas substance to be compressed, processed or otherwise prepared for injection into an identified greenhouse gas storage formation; or
conveying a greenhouse gas substance for storage prior to being injected into an identified greenhouse gas storage formation; or
conveying a greenhouse gas substance for injection into an identified greenhouse gas storage formation;
so long as the greenhouse gas substance does not pass through a terminal point on the pipe, or system of pipes, as the case may be, before it is injected into the identified greenhouse gas storage formation.
greenhouse gas pipeline means:
a pipe, or system of pipes, in an offshore area for conveying a greenhouse gas substance, other than:
a greenhouse gas injection line; or
a greenhouse gas infrastructure line; or
a greenhouse gas facility line; or
a pipe, or a system of pipes, that is specified in the regulations; or
a part of a pipe covered by paragraph (a); or
a part of a system of pipes covered by paragraph (a).
greenhouse gas pumping station means equipment for pumping a greenhouse gas substance or water, and includes any structure associated with that equipment.
greenhouse gas research consent means a greenhouse gas research consent granted under Part 3.7.
greenhouse gas search authority means a greenhouse gas search authority granted under Part 3.5.
greenhouse gas special authority means a greenhouse gas special authority granted under Part 3.6.
greenhouse gas substance means:
carbon dioxide, whether in a gaseous or liquid state; or
a prescribed greenhouse gas, whether in a gaseous or liquid state; or
a mixture of any or all of the following substances:
carbon dioxide, whether in a gaseous or liquid state;
one or more prescribed greenhouse gases, whether in a gaseous or liquid state;
one or more incidental greenhouse gas-related substances, whether in a gaseous or liquid state, that relate to either or both of the substances mentioned in subparagraphs (i) and (ii);
a prescribed detection agent, whether in a gaseous or liquid state;
so long as:
the mixture consists overwhelmingly of either or both of the substances mentioned in subparagraphs (i) and (ii); and
if the mixture includes a prescribed detection agent—the concentration of the prescribed detection agent in the mixture is not more than the concentration prescribed in relation to that detection agent.
greenhouse gas tank station means a tank, or system of tanks, for holding or storing a greenhouse gas substance, and includes any structure associated with that tank or system of tanks.
greenhouse gas valve station means equipment for regulating the flow of a greenhouse gas substance, and includes any structure associated with that equipment.
health means physical and psychological health.
holder, in relation to:
a State/Territory petroleum exploration title; or
a State/Territory petroleum retention title; or
a State/Territory petroleum production title; or
a State/Territory greenhouse gas assessment title;
means the person who, under a law of a State or Territory, is the registered holder of the State/Territory petroleum exploration title, the State/Territory petroleum retention title, the State/Territory petroleum production title or the State/Territory greenhouse gas assessment title, as the case may be.
identified greenhouse gas storage formation has the meaning given by section 312 or 312A.
identity card of a NOPSEMA inspector means an identity card issued to the inspector under the Regulatory Powers Act in its application under Division 1 of Part 6.5 of this Act.
incidental greenhouse gas-related substance has the meaning given by section 23.
infrastructure facility has the meaning given by section 15.
infrastructure licence means an infrastructure licence granted under: Part 2.5 of this Act; or (b) Petroleum (Submerged Lands) Act 1967.Division 3A of Part III of the repealed
Part 2.5 of this Act; or
(b) Petroleum (Submerged Lands) Act 1967.Division 3A of Part III of the repealed
infrastructure licence area means the licence area of an infrastructure licence.
infrastructure licensee means the registered holder of an infrastructure licence.
Joint Authority has the meaning given by section 56 and, when used in the expression the Joint Authority, means the Joint Authority for the offshore area concerned.
key greenhouse gas operation means:
an operation to make a well; or
an operation to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation; or
an operation to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation; or
an operation to inject, on an appraisal basis, air, petroleum or water into a part of a geological formation; or
an operation to store, on an appraisal basis, air, petroleum or water in a part of a geological formation; or
an operation to carry out a seismic survey or any other kind of survey; or
an operation to monitor the behaviour of:
a greenhouse gas substance; or
air; or
petroleum; or
water;
stored in a part of a geological formation; or
an operation to carry out baseline investigations relating to the storage of a greenhouse gas substance in a part of the geological formation; or
an operation to take samples of the seabed or subsoil of an offshore area; or
an operation specified in the regulations.
key petroleum operation means:
an operation to make a well; or
an operation to inject a substance into a part of a geological formation; or
an operation to store a substance in a part of a geological formation; or
an operation to carry out a seismic survey or any other kind of survey; or
an operation to monitor the behaviour of a substance stored in a part of a geological formation; or
an operation to take samples of the seabed or subsoil of an offshore area; or
an operation specified in the regulations.
lease area:
when used in relation to a petroleum retention lease—means the area constituted by the block or blocks that are the subject of the petroleum retention lease; or
when used in relation to a greenhouse gas holding lease—means the area constituted by the block or blocks that are the subject of the greenhouse gas holding lease.
lessee:
when used in relation to a petroleum retention lease—means the registered holder of the petroleum retention lease; or
when used in relation to a greenhouse gas holding lease—means the registered holder of the greenhouse gas holding lease.
licence area:
when used in relation to an infrastructure licence—means the place in relation to which the infrastructure licence is in force; or
when used in relation to a petroleum production licence—means the area constituted by the block or blocks that are the subject of the petroleum production licence; or
when used in relation to a greenhouse gas injection licence—means the area constituted by the block or blocks that are the subject of the greenhouse gas injection licence.
Note: The place in relation to which an infrastructure licence is in force must be a place in an offshore area—see subsection 198(2) and section 199.
licensee:
when used in relation to a petroleum production licence—means the registered holder of the petroleum production licence; or
when used in relation to an infrastructure licence—means the registered holder of the infrastructure licence; or
when used in relation to a pipeline licence—means the registered holder of the pipeline licence; or
when used in relation to a greenhouse gas injection licence—means the registered holder of the greenhouse gas injection licence.
life-of-field petroleum production licence means a petroleum production licence covered by item 1, 3A or 4 of the table in subsection 165(1).
listed NOPSEMA law: see section 601.
listed OHS laws has the meaning given by section 638.
location means a block or blocks in relation to which a declaration under section 131 is in force.
Ministers responsible for mineral and energy resources matters means a body (however described) that consists of the Minister of the Commonwealth, the Minister of each State and Territory and the Minister of New Zealand who is responsible, or principally responsible, for matters relating to energy or resources (or both).
natural resources has the same meaning as in paragraph 4 of Article 77 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.
The natural resources referred to in this Part consist of the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.
New Zealand boundary treaty means the Treaty between Australia and New Zealand establishing certain exclusive economic zone boundaries and continental shelf boundaries that was signed at Adelaide on 25 July 2004.
NOPSEMA means the National Offshore Petroleum Safety and Environmental Management Authority.
NOPSEMA inspector means a person appointed as a NOPSEMA inspector under section 602.
Northern Territory title means an authority, however described, under a law of the Northern Territory, to explore for, or to recover, petroleum.
OEI Minister means the Minister administering the Offshore Electricity Infrastructure Act 2021.
offshore area means:
Note: Paragraph 4 of Article 77 is as follows:
the offshore area of New South Wales; or
the offshore area of Victoria; or
the offshore area of Queensland; or
the offshore area of Western Australia; or
the offshore area of South Australia; or
the offshore area of Tasmania; or
the Principal Northern Territory offshore area; or
the Eastern Greater Sunrise offshore area; or
the offshore area of Norfolk Island; or
the offshore area of the Territory of Christmas Island; or
the offshore area of the Territory of Cocos (Keeling) Islands; or
the offshore area of the Territory of Ashmore and Cartier Islands; or
the offshore area of the Territory of Heard Island and McDonald Islands;
and, when used in the expression the offshore area, means whichever of the areas referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l) or (m) is applicable.
Note 1: The offshore area of a State or Territory is defined by section 8.
Note 2: The offshore area of a State or Territory corresponds to the term adjacent area under the repealed Petroleum (Submerged Lands) Act 1967.
Note 3: Under section 8A, each of the following areas is treated like an offshore area for the purposes of many provisions of this Act so far as they relate to petroleum pipelines:
the Bayu-Undan pipeline international offshore area;
the Greater Sunrise pipeline international offshore area (if declared).
Note 4: See also section 295B (permit area of a cross-boundary greenhouse gas assessment permit is taken to be included in the offshore area).
Note 5: See also section 323B (lease area of a cross-boundary greenhouse gas holding lease is taken to be included in the offshore area).
Note 6: See also section 360A (licence area of a cross-boundary greenhouse gas injection licence is taken to be included in the offshore area).
Offshore Infrastructure Registrar means the Registrar within the meaning of the Offshore Electricity Infrastructure Act 2021.
Offshore Infrastructure Regulator means the Regulator within the meaning of the Offshore Electricity Infrastructure Act 2021.
original consolidated work-bid greenhouse gas assessment permit means a consolidated work-bid greenhouse gas assessment permit that was granted otherwise than by way of renewal.
original cross-boundary greenhouse gas assessment permit means a cross-boundary greenhouse gas assessment permit granted otherwise than by way of renewal.
original cross-boundary greenhouse gas holding lease means a cross-boundary greenhouse gas holding lease granted otherwise than by way of renewal.
original greenhouse gas assessment permit means a greenhouse gas assessment permit that was granted otherwise than by way of renewal.
original petroleum exploration permit means a petroleum exploration permit granted otherwise than by way of renewal.
original petroleum production licence means a petroleum production licence granted otherwise than by way of renewal.
original petroleum retention lease means a petroleum retention lease granted otherwise than by way of renewal.
original State/Territory greenhouse gas assessment title means a State/Territory greenhouse gas assessment title granted otherwise than by way of renewal.
original State/Territory petroleum exploration title means a State/Territory petroleum exploration title granted otherwise than by way of renewal.
original State/Territory petroleum retention title means a State/Territory petroleum retention title granted otherwise than by way of renewal.
partly cancelled means:
in relation to a petroleum exploration permit or petroleum production licence—cancelled as to one or more, but not all, of the blocks the subject of the permit or licence; and
in relation to a pipeline licence—cancelled as to a part of the pipeline the subject of the licence.
partly revoked means revoked as to one or more, but not all, of the blocks the subject of the permit or lease.
partly surrendered, in relation to a petroleum exploration permit, petroleum production licence or greenhouse gas injection licence, means surrendered as to one or more, but not all, of the blocks the subject of the permit or licence.
partly terminated means terminated as to a part of the pipeline the subject of the licence.
part of a geological formation includes a part of a combination of geological formations.
permit area:
when used in relation to a petroleum exploration permit—means the area constituted by the block or blocks that are the subject of the petroleum exploration permit; or
when used in relation to a greenhouse gas assessment permit—means the area constituted by the block or blocks that are the subject of the greenhouse gas assessment permit.
permittee:
when used in relation to a petroleum exploration permit—means the registered holder of the petroleum exploration permit; or
when used in relation to a greenhouse gas assessment permit—means the registered holder of the greenhouse gas assessment permit.
petroleum means:
any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or
any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or
any naturally occurring mixture of:
one or more hydrocarbons, whether in a gaseous, liquid or solid state; and
one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide;
and:
includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir; and
for the purposes of the pipeline provisions, also includes any petroleum as defined by paragraph (a), (b), (c) or (d), where:
one or more things have been added; or
one or more things have been wholly or partly removed;
or both; and
for the purposes of the pipeline provisions, also includes any mixture that:
has been recovered from a well; and
includes petroleum as defined by paragraph (a), (b), (c) or (d);
whether or not:
one or more things have been added; or
one or more things have been wholly or partly removed;
or both.
petroleum access authority means:
a petroleum access authority granted under Part 2.8 of this Act; or
(b) an access authority granted under Petroleum (Submerged Lands) Act 1967.section 112 of the repealed
petroleum exploration permit means:
a work-bid petroleum exploration permit; or
a cash-bid petroleum exploration permit; or
a special petroleum exploration permit; or
a boundary-change petroleum exploration permit.
petroleum exploration permit area means the permit area of a petroleum exploration permit.
petroleum exploration permittee means the registered holder of a petroleum exploration permit.
petroleum pipeline means:
a pipe, or system of pipes, in an offshore area for conveying petroleum (whether or not the petroleum is recovered from an offshore area), other than a secondary line; or
a part of a pipe covered by paragraph (a); or
a part of a system of pipes covered by paragraph (a).
petroleum pool means a naturally occurring discrete accumulation of petroleum.
petroleum production licence means:
a petroleum production licence granted under Part 2.4 of this Act; or
(b) a production licence granted under Petroleum (Submerged Lands) Act 1967; orDivision 3 of Part III of the repealed
(c) a production licence granted under Petroleum (Submerged Lands) Act 1967.section 148 of the repealed
petroleum production licence area means the licence area of a petroleum production licence.
petroleum production licensee means the registered holder of a petroleum production licence.
petroleum pumping station means equipment for pumping petroleum or water, and includes any structure associated with that equipment.
petroleum retention lease means:
a petroleum retention lease granted under Part 2.3 of this Act; or
(b) a retention lease granted under Petroleum (Submerged Lands) Act 1967.Division 2A of Part III of the repealed
petroleum retention lease area means the lease area of a petroleum retention lease.
petroleum retention lessee means the registered holder of a petroleum retention lease.
petroleum scientific investigation consent means:
a petroleum scientific investigation consent granted under Part 2.9 of this Act; or
(b) a scientific investigation consent granted under Petroleum (Submerged Lands) Act 1967.section 123 of the repealed
petroleum special prospecting authority means:
a petroleum special prospecting authority granted under Part 2.7 of this Act; or
(b) a special prospecting authority granted under Petroleum (Submerged Lands) Act 1967.section 111 of the repealed
petroleum tank station means a tank, or system of tanks, for holding or storing petroleum, and includes any structure associated with that tank or system of tanks.
petroleum valve station means equipment for regulating the flow of petroleum, and includes any structure associated with that equipment.
pipeline means:
a petroleum pipeline; or
a greenhouse gas pipeline.
pipeline licence means a pipeline licence granted under: Part 2.6 of this Act; or (b) Petroleum (Submerged Lands) Act 1967.Division 4 of Part III of the repealed
Part 2.6 of this Act; or
(b) Petroleum (Submerged Lands) Act 1967.Division 4 of Part III of the repealed
pipeline licensee means the registered holder of a pipeline licence.
pipeline provisions means the following: Part 2.6; (b) the definition of greenhouse gas pipeline in this section; (c) the definition of greenhouse gas pumping station in this section; (d) the definition of greenhouse gas tank station in this section; (e) the definition of greenhouse gas valve station in this section; (f) the definition of petroleum pipeline in this section; (g) the definition of petroleum pumping station in this section; (h) the definition of petroleum tank station in this section; (i) the definition of petroleum valve station in this section; (j) the definition of pipeline in this section; item 3 of the table in subsection 569(1).
Part 2.6;
(b) the definition of greenhouse gas pipeline in this section;
(c) the definition of greenhouse gas pumping station in this section;
(d) the definition of greenhouse gas tank station in this section;
(e) the definition of greenhouse gas valve station in this section;
(f) the definition of petroleum pipeline in this section;
(g) the definition of petroleum pumping station in this section;
(h) the definition of petroleum tank station in this section;
(i) the definition of petroleum valve station in this section;
(j) the definition of pipeline in this section;
item 3 of the table in subsection 569(1).
post-commencement petroleum exploration permit means:
(a) an original petroleum exploration permit that was granted after the commencement of this section; or
(b) a petroleum exploration permit that was granted by way of renewal, where the original petroleum exploration permit was granted after the commencement of this section.
post-commencement petroleum production licence means:
(a) a petroleum production licence that was granted to the registered holder of:
a post-commencement petroleum exploration permit; or
a post-commencement petroleum retention lease;
that was in force over the block or blocks to which the petroleum production licence relates; or
a petroleum production licence granted under section 181; or
a petroleum production licence granted under section 183, where the initial petroleum production licence mentioned in section 182 was a post-commencement petroleum production licence; or
a petroleum production licence granted under section 183A; or
a petroleum production licence that was granted by way of renewal, where the original petroleum production licence was granted under section 183A.
post-commencement petroleum retention lease means:
(a) an original petroleum retention lease that was granted to the registered holder of:
a post-commencement petroleum exploration permit; or
a post-commencement petroleum production licence;
that was in force over the block or blocks to which the original petroleum retention lease relates; or
(b) a petroleum retention lease that was granted by way of renewal, where the original petroleum retention lease was granted to the registered holder of:
a post-commencement petroleum exploration permit; or
a post-commencement petroleum production licence;
that was in force over the block or blocks to which the original petroleum retention lease related; or
a petroleum retention lease granted under section 152A; or
a petroleum retention lease that was granted by way of renewal, where the original petroleum retention lease was granted under section 152A.
post-commencement petroleum title means:
a post-commencement petroleum exploration permit; or
a post-commencement petroleum retention lease; or
a post-commencement petroleum production licence.
post-commencement State/Territory petroleum exploration title means:
(a) an original State/Territory petroleum exploration title that was granted:
under a law of a State or Territory; and
after the commencement of the provisions of the law that correspond to Chapter 3; or
(b) a State/Territory petroleum exploration title that was granted by way of renewal, where the original State/Territory petroleum exploration title was granted:
under a law of a State or Territory; and
after the commencement of the provisions of the law that correspond to Chapter 3.
post-commencement State/Territory petroleum production title means:
(a) a State/Territory petroleum production title that was granted to the holder of:
a post-commencement State/Territory petroleum exploration title; or
a post-commencement State/Territory petroleum retention title;
that was in force over the State/Territory block or State/Territory blocks to which the State/Territory petroleum production title relates; or
a State/Territory petroleum production title granted under a provision of a law of a State or Territory that corresponds to section 181; or
a State/Territory petroleum production title granted under a provision of a law of a State or Territory that corresponds to section 183, where the initial State/Territory petroleum production title mentioned in the provision of a law of a State or Territory that corresponds to section 182 was a post-commencement State/Territory petroleum production title; or
a State/Territory petroleum production title granted under a provision of a law of a State or Territory that corresponds to section 183A; or
a State/Territory petroleum production title that was granted by way of renewal, where the original State/Territory petroleum production title was granted under a provision of a law of a State or Territory that corresponds to section 183A.
post-commencement State/Territory petroleum retention title means:
(a) an original State/Territory petroleum retention title that was granted to the holder of:
a post-commencement State/Territory petroleum exploration title; or
a post-commencement State/Territory petroleum production title;
that was in force over the State/Territory block or State/Territory blocks to which the original State/Territory petroleum retention title relates; or
(b) a State/Territory petroleum retention title that was granted by way of renewal, where the original State/Territory petroleum retention title was granted to the holder of:
a post-commencement State/Territory petroleum exploration title; or
a post-commencement State/Territory petroleum production title;
that was in force over the State/Territory block or State/Territory blocks to which the original State/Territory petroleum retention title related; or
a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 152A; or
a State/Territory petroleum retention title that was granted by way of renewal, where the original State/Territory petroleum retention title was granted under a provision of a law of a State or Territory that corresponds to section 152A.
post-commencement State/Territory petroleum title means:
a post-commencement State/Territory petroleum exploration title; or
a post-commencement State/Territory petroleum retention title; or
a post-commencement State/Territory petroleum production title.
potential greenhouse gas injection site has the meaning given by section 22.
potential greenhouse gas storage formation has the meaning given by section 20.
pre-commencement petroleum exploration permit means a petroleum exploration permit other than a post-commencement petroleum exploration permit.
pre-commencement petroleum production licence means a petroleum production licence other than a post-commencement petroleum production licence.
pre-commencement petroleum retention lease means a petroleum retention lease other than a post-commencement petroleum retention lease.
pre-commencement petroleum title means:
a pre-commencement petroleum exploration permit; or
a pre-commencement petroleum retention lease; or
a pre-commencement petroleum production licence.
pre-commencement State/Territory petroleum exploration title means a State/Territory petroleum exploration title other than a post-commencement State/Territory petroleum exploration title.
pre-commencement State/Territory petroleum production title means a State/Territory petroleum production title other than a post-commencement State/Territory petroleum production title.
pre-commencement State/Territory petroleum retention title means a State/Territory petroleum retention title other than a post-commencement State/Territory petroleum retention title.
pre-commencement State/Territory petroleum title means:
a pre-commencement State/Territory petroleum exploration title; or
a pre-commencement State/Territory petroleum retention title; or
a pre-commencement State/Territory petroleum production title.
Principal Northern Territory offshore area means so much of the offshore area of the Northern Territory as does not consist of the Eastern Greater Sunrise offshore area.
pumping station means:
Note: The offshore area of the Northern Territory is defined by section 8.
a greenhouse gas pumping station; or
a petroleum pumping station.
Register:
when used in Chapter 4—has the meaning given by section 467; or
when used in Chapter 5—has the meaning given by section 519; or
when used in Chapter 5A—has the meaning given by section 566A.
registered holder means the person whose name is shown in the Register kept under section 469 or 521 as the holder of the title. For this purpose, a title is a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence, pipeline licence, petroleum special prospecting authority, petroleum access authority, greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority.
regulated operation means:
an activity to which Chapter 2 applies; or
an activity to which Chapter 3 applies.
For the purposes of paragraph (b), assume that each reference in subsection 356(1) to a substance were a reference to a greenhouse gas substance.
Regulatory Levies Act means the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
related body corporate has the same meaning as in the Corporations Act 2001.
relevant area:
in relation to a State/Territory greenhouse gas assessment title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or
in relation to a pre-commencement State/Territory petroleum title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or
in relation to a pre-commencement State/Territory petroleum exploration title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or
in relation to a pre-commencement State/Territory petroleum retention title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or
in relation to a State/Territory petroleum production title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title.
renewal:
when used in relation to a petroleum exploration permit, petroleum retention lease or petroleum production licence—has the meaning given by subsection 11(1); or
when used in relation to a greenhouse gas assessment permit or greenhouse gas holding lease—has the meaning given by subsection 11(2).
responsible Commonwealth Minister means:
the Minister who is responsible for the administration of this Act; or
another Minister acting for and on behalf of the Minister referred to in paragraph (a).
responsible Northern Territory Minister means:
the Minister of the Northern Territory who is authorised under a law of the Northern Territory to perform the functions, and exercise the powers, of a member of the Joint Authority for the Northern Territory under this Act; or
another Minister of the Northern Territory acting for and on behalf of the Minister referred to in paragraph (a).
responsible State Minister, in relation to a State, means:
whichever of the following applies:
the Minister of the State (other than Tasmania) who is authorised under a law of the State to perform the functions, and exercise the powers, of a member of the Joint Authority for the State under this Act;
the Minister of Tasmania who is responsible for the State PSLA for Tasmania, within the meaning of Part 6.9 (see section 643); or
another Minister of the State acting for and on behalf of the Minister referred to in paragraph (a).
Royal Commission has the same meaning as in the Royal Commissions Act 1902.
Royalty Act means the Offshore Petroleum (Royalty) Act 2006.
scheduled area, in relation to a State or Territory, has the meaning given by Schedule 1.
secondary line means a pipe, or system of pipes, for: returning petroleum to a natural reservoir; or conveying petroleum for use for petroleum exploration operations; or conveying petroleum for use for petroleum recovery operations; or conveying petroleum that is to be flared or vented; or conveying petroleum from a well, wherever located, to a terminal station in an offshore area without passing through another terminal station.
returning petroleum to a natural reservoir; or
conveying petroleum for use for petroleum exploration operations; or
conveying petroleum for use for petroleum recovery operations; or
conveying petroleum that is to be flared or vented; or
conveying petroleum from a well, wherever located, to a terminal station in an offshore area without passing through another terminal station.
Secretary means the Secretary of the Department.
serious situation, in relation to an identified greenhouse gas storage formation, has the meaning given by section 379.
significant risk has a meaning affected by section 25, 26, 27, 27A, 28, 28A or 29.
site closing certificate means a certificate issued under section 392.
site plan, in relation to an identified greenhouse gas storage formation, has the meaning given by section 24.
spatial extent of an eligible greenhouse gas storage formation has the meaning given by subsection 21(3).
special cross-boundary greenhouse gas holding lease means a greenhouse gas holding lease granted under section 342C.
special greenhouse gas holding lease means a greenhouse gas holding lease granted under section 338.
special petroleum exploration permit means:
a petroleum exploration permit granted under Division 4 of Part 2.2 of this Act; or
(b) an exploration permit granted under Petroleum (Submerged Lands) Act 1967; orsection 27 of the repealed
a petroleum exploration permit granted under Division 5 of Part 2.2 of this Act by way of the renewal of a permit referred to in paragraph (a) or (b); or
(d) an exploration permit granted under Petroleum (Submerged Lands) Act 1967 by way of the renewal of a permit referred to in paragraph (b).section 32 of the repealed
State/Territory block, when used in relation to:
a State/Territory petroleum exploration title; or
a State/Territory petroleum retention title; or
a State/Territory petroleum production title; or
a State/Territory greenhouse gas assessment title;
means a block within the meaning of the State PSLA or Territory PSLA under which the title was granted, so long as no part of the block is within the limits of a State or Territory. For this purpose, State PSLA and Territory PSLA have the same meaning as in Part 6.9.
State/Territory greenhouse gas assessment title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or the Northern Territory, rights that correspond to the rights that a greenhouse gas assessment permit confers in relation to the offshore area of the State or the Principal Northern Territory offshore area, as the case requires.
State/Territory greenhouse gas storage administrator has the meaning given by section 30A.
State/Territory identified greenhouse gas storage formation means an identified greenhouse gas storage formation within the meaning of a State PSLA or Territory PSLA. For this purpose, State PSLA and Territory PSLA have the same meaning as in Part 6.9.
State/Territory petroleum exploration title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, rights that correspond to the rights that a petroleum exploration permit confers in relation to the offshore area of the State or Territory.
State/Territory petroleum production title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, rights that correspond to the rights that a petroleum production licence confers in relation to the offshore area of the State or Territory.
State/Territory petroleum retention title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, rights that correspond to the rights that a petroleum retention lease confers in relation to the offshore area of the State or Territory.
State title means an authority, however described, under a law of a State, to explore for, or to recover, petroleum.
structural integrity includes the following: structural soundness; structural strength; stability; fitness for purpose; mechanical integrity; systems integrity; in connection with: the containment of: petroleum; or a greenhouse gas substance; or any other substance; or the health and safety of persons engaged in: offshore petroleum operations (within the meaning of Part 6.9); or offshore greenhouse gas operations (within the meaning of Part 6.9). For the purposes of paragraph (f), systems integrity includes the integrity of the following: electrical systems; electronic systems; hydraulic systems; chemical systems; dynamic positioning systems; other systems.
structural soundness;
structural strength;
stability;
fitness for purpose;
mechanical integrity;
systems integrity;
in connection with:
the containment of:
petroleum; or
a greenhouse gas substance; or
any other substance; or
the health and safety of persons engaged in:
offshore petroleum operations (within the meaning of Part 6.9); or
offshore greenhouse gas operations (within the meaning of Part 6.9).
For the purposes of paragraph (f), systems integrity includes the integrity of the following:
electrical systems;
electronic systems;
hydraulic systems;
chemical systems;
dynamic positioning systems;
other systems.
structural integrity law means the provisions of this Act or the regulations to the extent to which the provisions relate to the structural integrity of: facilities (within the meaning of Schedule 3); or wells; or well-related equipment.
facilities (within the meaning of Schedule 3); or
wells; or
well-related equipment.
tank station means:
a greenhouse gas tank station; or
a petroleum tank station.
term:
when used in relation to a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence, pipeline licence, petroleum special prospecting authority or petroleum access authority—has the meaning given by subsection 10(1); or
when used in relation to a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority—has the meaning given by subsection 10(2).
terminal point has the meaning given by section 17.
terminal station has the meaning given by section 16.
Territory means a Territory in which this Act applies or to which this Act extends.
tied, in relation to a greenhouse gas holding lease or greenhouse gas injection licence, has the meaning given by section 13.
Timorese Designated Authority means the authority that is the Designated Authority under paragraph 2 of Article 6 of Annex B to the Timor Sea Maritime Boundaries Treaty.
Timor Sea Maritime Boundaries Treaty means the Treaty between Australia and the Democratic Republic of Timor-Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time.
title:
Note: The Timor Sea Maritime Boundaries Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
(a) when used in the definition of registered holder—has the meaning given by the second sentence of that definition; or
when used in Subdivision A of Division 2 of Part 1.2—has the meaning given by section 38; or
when used in Division 3 of Part 1.2—has the meaning given by section 50; or
when used in section 282—has the meaning given by subsection 282(6); or
when used in section 462—has the meaning given by subsection 462(6); or
when used in Chapter 4—has the meaning given by section 467; or
when used in Chapter 5—has the meaning given by section 519; or
when used in Chapter 5A—has the meaning given by section 566A; or
when used in section 574—has the meaning given by subsection 574(1); or
when used in section 574A—has the meaning given by subsection 574A(1); or
when used in Division 2A of Part 6.2—has the meaning given by subsection 576A(3); or
when used in section 579A—has the meaning given by subsection 579A(1); or
when used in section 580—has the meaning given by subsection 580(1).
title area:
when used in Division 3 of Part 1.2—has the meaning given by section 51; or
when used in section 572—has the meaning given by subsection 572(1); or
when used in Division 2A of Part 6.2—has the meaning given by subsection 576A(3); or
when used in section 586—has the meaning given by subsection 586(6); or
when used in section 586A—has the meaning given by subsection 586A(7).
titleholder:
when used in Division 3 of Part 1.2—has the meaning given by section 51; or
when used in section 572—has the meaning given by subsection 572(1).
titleholder’s representative: see section 602K.
Titles Administrator means the National Offshore Petroleum Titles Administrator.
vacated area has the meaning given by section 14.
valve station means:
a greenhouse gas valve station; or
a petroleum valve station.
vessel means a vessel used in navigation, other than air navigation, and includes a barge, lighter or other floating vessel.
water line means a pipe, or system of pipes, for conveying water in connection with: petroleum exploration operations; or petroleum recovery operations; or exploration for potential greenhouse gas storage formations; or exploration for potential greenhouse gas injection sites; or the injection of a greenhouse gas substance into an identified greenhouse gas storage formation; or the injection, on an appraisal basis, of a greenhouse gas substance into a part of a geological formation; or the injection, on an appraisal basis, of air, petroleum or water into a part of a geological formation.
petroleum exploration operations; or
petroleum recovery operations; or
exploration for potential greenhouse gas storage formations; or
exploration for potential greenhouse gas injection sites; or
the injection of a greenhouse gas substance into an identified greenhouse gas storage formation; or
the injection, on an appraisal basis, of a greenhouse gas substance into a part of a geological formation; or
the injection, on an appraisal basis, of air, petroleum or water into a part of a geological formation.
well means a hole in the seabed or subsoil made by drilling, boring or any other means in connection with: exploration for petroleum; or petroleum recovery operations; or exploration for potential greenhouse gas storage formations; or exploration for potential greenhouse gas injection sites; or the injection of a greenhouse gas substance into an identified greenhouse gas storage formation; or the injection, on an appraisal basis, of a greenhouse gas substance into a part of a geological formation; or the injection, on an appraisal basis, of air, petroleum or water into a part of a geological formation; but does not include a seismic shot hole.
exploration for petroleum; or
petroleum recovery operations; or
exploration for potential greenhouse gas storage formations; or
exploration for potential greenhouse gas injection sites; or
the injection of a greenhouse gas substance into an identified greenhouse gas storage formation; or
the injection, on an appraisal basis, of a greenhouse gas substance into a part of a geological formation; or
the injection, on an appraisal basis, of air, petroleum or water into a part of a geological formation;
but does not include a seismic shot hole.
well integrity law has the same meaning as in Schedule 2B.
well-related equipment means any: plant; or equipment; or other thing; for containing pressure in a well.
plant; or
equipment; or
other thing;
for containing pressure in a well.
Western Greater Sunrise area has the meaning given by Schedule 7.
wholly cancelled, in relation to a petroleum exploration permit, petroleum production licence or pipeline licence, means cancelled as to all the blocks, or as to the whole of the pipeline, the subject of the permit or licence.
wholly revoked means revoked as to all the blocks the subject of the permit or lease.
wholly terminated means terminated as to the whole of the pipeline the subject of the licence.
work-bid greenhouse gas assessment permit means:
a greenhouse gas assessment permit granted under Division 2 of Part 3.2; or
a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of the renewal of a permit referred to in paragraph (a).
work-bid petroleum exploration permit means:
a petroleum exploration permit granted under Division 2 of Part 2.2 of this Act; or
(b) an exploration permit granted under Petroleum (Submerged Lands) Act 1967; orsection 22 of the repealed
a petroleum exploration permit granted under Division 5 of Part 2.2 of this Act by way of the renewal of a permit referred to in paragraph (a) or (b); or
(d) an exploration permit granted under Petroleum (Submerged Lands) Act 1967 by way of the renewal of a permit referred to in paragraph (b).section 32 of the repealed
For the purposes of this Act, the table has effect:
Note: The offshore area of a State or Territory corresponds to the adjacent area under the repealed Petroleum (Submerged Lands) Act 1967.
(2) For the purposes of this section, the Coral Sea area is so much of the area to the east of the area described in paragraph (a) of item 2 of the table in subsection (1) as comprises waters of the sea that are within the outer limits of the continental shelf, other than any part of that area that is:
to the south of the parallel of Latitude 25°S; or
on the landward side of the coastline of any island at mean low water.
Note: For datum, see section 40.
Territory of Ashmore and Cartier Islands—land taken to be beneath the sea etc.
This Act has effect in relation to so much of the offshore area of the Territory of Ashmore and Cartier Islands as consists of land as if that land were:
beneath the sea; and
part of the seabed and subsoil of that offshore area.
Areas of the continental shelf over which Australia does not exercise sovereign rights
For the purposes of:
an item in the table in subsection (1); and
subsection (2);
the continental shelf does not include any area of seabed and subsoil that, as a result of an agreement in force between Australia and a foreign country, is not an area over which Australia exercises sovereign rights.
The provisions of this Act listed in subsection (2), and regulations or other instruments made for the purposes of those provisions, apply in relation to each of the following areas as if it were an offshore area:
the Bayu-Undan pipeline international offshore area (which is described in Schedule 8);
the Greater Sunrise pipeline international offshore area (if it is declared under section 780P).
The provisions are as follows:
the following definitions in section 7:
(i) definition of Joint Authority;
(ii) definition of petroleum pipeline;
(iii) definition of secondary line;
section 9;
section 16;
section 30;
subsection 56(1);
Division 1 of Part 2.6;
subsection 221(5) so far as it refers to construction in an offshore area of a petroleum pipeline but not so far as it refers to petroleum recovered from a place beyond the outer limits of any offshore area;
Division 3 of Part 2.6;
Division 1 of Part 2.12;
section 280;
Parts 4.1 and 4.2;
Parts 6.1, 6.1A and 6.2;
Division 1 of Part 6.4;
Divisions 1, 4, 5 and 6 of Part 6.5;
Divisions 1 and 2 of Part 6.6;
section 695R;
Part 7.1;
section 778;
subsection 780A(5);
items 12 and 13 of the table in subsection 782(1).
Note: Although the Greater Sunrise pipeline international offshore area is treated as an offshore area for the purposes of only one of the references to offshore area in Division 2 (Obtaining a pipeline licence) of Part 2.6 (see paragraph (g) of this subsection), that does not prevent an application for, or the grant of, a pipeline licence for a petroleum pipeline in the Greater Sunrise pipeline international offshore area.
Other modifications
Paragraphs 227(6)(d) and 506(1)(f) apply as if:
the Bayu-Undan pipeline international offshore area were an offshore area relating to Western Australia; and
the Greater Sunrise pipeline international offshore area were an offshore area relating to the Northern Territory.
Other modifications relating to Bayu-Undan pipeline international offshore area
Despite subsection 217(1), a person cannot apply for the grant of a pipeline licence authorising construction of a pipeline in the Bayu-Undan pipeline international offshore area.
Note: On the commencement of this section, a pipeline licence is automatically granted authorising the pipeline that existed in the Bayu-Undan pipeline international offshore area immediately before that commencement: see Schedule 1 to the Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019.
Other modifications relating to Greater Sunrise pipeline international offshore area
Subsections 223(2) and (3) apply to an application for a pipeline licence relating to the construction of a petroleum pipeline in the Greater Sunrise pipeline international offshore area as if:
references in paragraphs 223(2)(a) and (3)(a) to a petroleum production licence area were references to the Greater Sunrise special regime area; and
(b) references in paragraphs 223(2)(b) and (3)(b) to the petroleum production licensee were references to a person covered by the definition of Greater Sunrise Contractor in paragraph 1(i) of Article 1 of the Timor Sea Maritime Boundaries Treaty; and
the reference in subparagraph 223(2)(c)(i) to the petroleum production licence were a reference to the Greater Sunrise Production Sharing Contract within the meaning of that treaty.
Item 5 of the table in subsection 262(1) applies in relation to a pipeline licence relating to the construction of a petroleum pipeline in the Greater Sunrise pipeline international offshore area as if the references to a petroleum production licensee and the licensee were a reference to a person who:
applied for the pipeline licence; and
(b) is a person covered by the definition of Greater Sunrise Contractor in paragraph 1(i) of Article 1 of the Timor Sea Maritime Boundaries Treaty.
For the purposes of this Act:
the space above or below an offshore area is taken to be in that area; and
the space above or below an area that is part of an offshore area is taken to be in that part.
Petroleum titles
For the purposes of this Act, the table has effect:
Greenhouse gas titles
For the purposes of this Act, the table has effect:
Petroleum titles
For the purposes of this Act, the table has effect:
If:
(a) a petroleum exploration permit has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and
as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:
ceases to be within the offshore area of the State or Territory; and
falls within the coastal waters of the State or Territory; and
immediately before the change, the relevant area was a part of the permit area;
then, in determining what constitutes the renewal, or the grant of a renewal, of the permit, item 1 of the table in subsection (1) has effect as if:
the permit had been varied to exclude from the permit area any area that is not within the offshore area of the State or Territory; and
the variation had taken effect immediately after the change.
Note: This means that an application for renewal of the permit may be made, and the permit may be renewed, as if the permit had been so varied.
For the purposes of subsection (1A):
disregard section 283; and
it is immaterial whether the change occurred before, at or after the commencement of this subsection.
If:
(a) a petroleum retention lease has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and
as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:
ceases to be within the offshore area of the State or Territory; and
falls within the coastal waters of the State or Territory; and
immediately before the change, the relevant area was a part of the lease area;
then, in determining what constitutes the renewal, or the grant of a renewal, of the lease, item 2 of the table in subsection (1) has effect as if:
the lease had been varied to exclude from the lease area any area that is not within the offshore area of the State or Territory; and
the variation had taken effect immediately after the change.
Note: This means that an application for renewal of the lease may be made, and the lease may be renewed, as if the lease had been so varied.
For the purposes of subsection (1C):
disregard section 283; and
it is immaterial whether the change occurred before, at or after the commencement of this subsection.
If:
(a) a petroleum production licence has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and
as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:
ceases to be within the offshore area of the State or Territory; and
falls within the coastal waters of the State or Territory; and
immediately before the change, the relevant area was a part of the licence area;
then, in determining what constitutes the renewal, or the grant of a renewal, of the licence, item 3 of the table in subsection (1) has effect as if:
the licence had been varied to exclude from the licence area any area that is not within the offshore area of the State or Territory; and
the variation had taken effect immediately after the change.
Note: This means that an application for renewal of the licence may be made, and the licence may be renewed, as if the licence had been so varied.
For the purposes of subsection (1E):
disregard section 283; and
it is immaterial whether the change occurred before, at or after the commencement of this subsection.
Greenhouse gas titles
For the purposes of this Act, the table has effect:
If:
(a) a greenhouse gas assessment permit has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and
as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:
ceases to be within the offshore area of the State or Territory; and
falls within the coastal waters of the State or Territory; and
immediately before the change, the relevant area was a part of the permit area;
then, in determining what constitutes the renewal, or the grant of a renewal, of the permit, item 1A of the table in subsection (2) has effect as if:
the permit had been varied to exclude from the permit area any area that is not within the offshore area of the State or Territory; and
the variation had taken effect immediately after the change.
Note: This means that an application for renewal of the permit may be made, and the permit may be renewed, as if the permit had been so varied.
For the purposes of subsection (3):
disregard section 463; and
it is immaterial whether the change occurred before, at or after the commencement of this subsection.
If:
(a) a greenhouse gas holding lease has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and
as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:
ceases to be within the offshore area of the State or Territory; and
falls within the coastal waters of the State or Territory; and
immediately before the change, the relevant area was a part of the lease area;
then, in determining what constitutes the renewal, or the grant of a renewal, of the lease, item 1 of the table in subsection (2) has effect as if:
the lease had been varied to exclude from the lease area any area that is not within the offshore area of the State or Territory; and
the variation had taken effect immediately after the change.
Note: This means that an application for renewal of the lease may be made, and the lease may be renewed, as if the lease had been so varied.
For the purposes of subsection (5):
disregard section 463; and
it is immaterial whether the change occurred before, at or after the commencement of this subsection.
Petroleum titles
If a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence, pipeline licence, petroleum special prospecting authority or petroleum access authority is varied, a reference in this Act to the permit, lease, licence or authority is a reference to the permit, lease, licence or authority as varied.
Greenhouse gas titles
If:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; or
a greenhouse gas special authority;
is varied, a reference in this Act to the permit, lease, licence or authority is a reference to the permit, lease, licence or authority as varied.
Scope
(1) This section applies if a greenhouse gas holding lease (the greenhouse gas lease) is granted under section 345 to the registered holder of a petroleum retention lease (the petroleum lease).
Tied titles
For the purposes of this Act, each of the following:
the greenhouse gas lease;
a greenhouse gas holding lease granted by way of renewal of the greenhouse gas lease;
a greenhouse gas injection licence derived from a lease referred to in paragraph (a) or (b);
is tied to each of the following:
the petroleum lease;
a petroleum retention lease granted by way of renewal of the petroleum lease;
a petroleum production licence derived from a lease referred to in paragraph (d) or (e).
(1) The following table sets out the vacated area for a permit, lease, licence or authority that has ceased to be in force, either in whole or in part.
(2) To avoid doubt, an area for a permit, lease, licence or authority that has ceased to be in force is a vacated area for the permit, lease, licence or authority even if the title area (within the meaning of section 572) of another title overlaps, in whole or in part, that area.
Definition
(1) For the purposes of this Act, an infrastructure facility is a facility, structure or installation for engaging in any of the activities to which subsection (2) or (3) applies, so long as:
the facility, structure or installation rests on the seabed; or
the facility, structure or installation is fixed or connected to the seabed (whether or not the facility is floating); or
the facility, structure or installation is attached or tethered to a facility, structure or installation referred to in paragraph (a) or (b).
Petroleum activities
This subsection applies to the following activities:
remote control of facilities, structures or installations used to recover petroleum in a petroleum production licence area;
processing petroleum recovered in any place, including:
converting petroleum into another form by physical or chemical means, or both (for example, converting it into liquefied natural gas or methanol); and
partial processing of petroleum (for example, by removing water);
storing petroleum before it is transported to another place;
preparing petroleum for transport to another place (for example, pumping or compressing);
activities related to any of the above;
but, except as mentioned in paragraph (a), this subsection does not apply to exploring for, or recovering, petroleum.
Greenhouse gas activities
This subsection applies to the following activities:
activities preparatory to injecting a greenhouse gas substance into an identified greenhouse gas storage formation (for example, controlling the flow of a greenhouse gas substance into the relevant well);
preparing a greenhouse gas substance for injection into an identified greenhouse gas storage formation (for example, pumping, processing or compressing);
preparing a greenhouse gas substance for transport to another place (for example, pumping or compressing);
storing a greenhouse gas substance before it is:
transported to another place; or
injected into an identified greenhouse gas storage formation; or
subjected to any other activity at a facility, structure or installation;
monitoring the behaviour of a greenhouse gas substance stored in an identified greenhouse gas storage formation;
remote control of facilities, structures or installations used to:
inject a greenhouse gas substance into an identified greenhouse gas storage formation; or
store a greenhouse gas substance in an identified greenhouse gas storage formation; or
do anything mentioned in any of the above paragraphs;
activities related to any of the above.
For the purposes of subsection (3), the injection of a greenhouse gas substance into an identified greenhouse gas storage formation is taken to take place at the top of the relevant well.
(1) The Titles Administrator may, by notice published in the Gazette, declare any of the following to be a terminal station for the purposes of this Act:
a specified petroleum pumping station in an offshore area;
a specified petroleum tank station in an offshore area;
a specified petroleum valve station in an offshore area.
A declaration under subsection (1) has effect accordingly.
To avoid doubt, a declaration may be made under subsection (1) whether or not a person has applied for a pipeline licence.
(1) The responsible Commonwealth Minister may, by notice published in the Gazette, declare that a specified point on a pipe, or system of pipes, for conveying a greenhouse gas substance is a terminal point for the purposes of this Act.
A declaration under subsection (1) has effect accordingly.
To avoid doubt, a declaration may be made under subsection (1) whether or not a person has applied for a pipeline licence.
(1) The responsible Commonwealth Minister may, by notice published in the Gazette, declare that a specified facility, structure or installation in a greenhouse gas injection licence area is a declared greenhouse gas facility for the purposes of this Act.
A declaration under subsection (1) has effect accordingly.
Petroleum
For the purposes of this Act, if:
a person:
carries out a seismic survey, or any other kind of survey, in an offshore area; or
takes samples of the seabed or subsoil of an offshore area; and
the person does so with the intention that the person or another could use the survey data, or information derived from the samples, as the case may be, for the purpose of discovering petroleum;
the person is taken to explore for petroleum.
Potential greenhouse gas storage formation
For the purposes of this Act, if:
a person:
carries out a seismic survey, or any other kind of survey, in an offshore area; or
takes samples of the seabed or subsoil of an offshore area; and
the person does so with the intention that the person or another could use the survey data, or information derived from the samples, as the case may be, for the purpose of discovering one or more potential greenhouse gas storage formations;
the person is taken to explore for those potential greenhouse gas storage formations.
For the purposes of this Act, if:
a person has reasonable grounds to suspect that a part of a geological formation could be an eligible greenhouse gas storage formation; and
the person carries out an activity for the purposes of ascertaining either or both of the following:
the spatial extent of the eligible greenhouse gas storage formation;
any of the fundamental suitability determinants of the eligible greenhouse gas storage formation;
the person is taken to explore for a potential greenhouse gas formation.
Potential greenhouse gas injection site
For the purposes of this Act, if:
a person:
carries out a seismic survey, or any other kind of survey, in an offshore area; or
takes samples of the seabed or subsoil of an offshore area; and
the person does so with the intention that the person or another could use the survey data, or information derived from the samples, as the case may be, for the purpose of discovering one or more potential greenhouse gas injection sites;
the person is taken to explore for those potential greenhouse gas injection sites.
(1) For the purposes of this Act, a potential greenhouse gas storage formation is a part of a geological formation, where that part is suitable, with or without engineering enhancements, for the permanent storage of a greenhouse gas substance injected into that part.
For the purposes of subsection (1), it is not necessary to identify the greenhouse gas substance.
For the purposes of subsection (1), in determining whether a part of a geological formation is suitable, with or without engineering enhancements, for the permanent storage of a greenhouse gas substance injected into that part, regard may be had to reasonably foreseeable technological developments.
(1) For the purposes of this Act, an eligible greenhouse gas storage formation is a part of a geological formation, where that part:
is suitable, without engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period; or
is suitable, with engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period.
An amount referred to in paragraph (1)(a) or (b) must be at least 100,000 tonnes.
Spatial extent
(3) For the purposes of this Act, the spatial extent of an eligible greenhouse gas storage formation is the expected migration pathway or pathways of the particular amount of the particular greenhouse gas substance referred to in paragraph (1)(a) or (b), whichever is applicable.
In determining the spatial extent of an eligible greenhouse gas storage formation, regard must be had to:
the fundamental suitability determinants; and
such other matters as are relevant.
The regulations may provide that the expected migration pathway or pathways are to be ascertained on the basis of:
one or more assumptions (if any) specified in the regulations; and
a level of probability specified in the regulations; and
a methodology (if any) specified in the regulations.
Fundamental suitability determinants
(8) For the purposes of this Act, the following are the fundamental suitability determinants of an eligible greenhouse gas storage formation:
the particular amount referred to in whichever of paragraph (1)(a) or (b) is applicable;
the particular greenhouse gas substance referred to in whichever of paragraph (1)(a) or (b) is applicable;
the particular point or points referred to in whichever of paragraph (1)(a) or (b) is applicable;
the particular period referred to in whichever of paragraph (1)(a) or (b) is applicable;
if paragraph (1)(b) is applicable—the engineering enhancements referred to in that paragraph;
the effective sealing feature, attribute or mechanism that enables the permanent storage referred to in whichever of paragraph (1)(a) or (b) is applicable.
For the purposes of this Act, a potential greenhouse gas injection site is a place that:
is a suitable place to make a well or wells to inject a greenhouse gas substance into a part of a geological formation; and
is wholly situated in one or more offshore areas.
Scope
(1) This section applies if either or both of the following substances (primary greenhouse gas substances) are captured from a particular source material:
carbon dioxide;
one or more prescribed greenhouse gases.
Incidental greenhouse gas-related substance
(2) For the purposes of this Act, the following are incidental greenhouse gas-related substances in relation to a primary greenhouse gas substance:
any substance that is incidentally derived from the source material;
any substance that is incidentally derived from the capture;
if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is transported—any substance that is incidentally derived from the transportation;
if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is injected into a part of a geological formation—any substance that is incidentally derived from the injection;
if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is stored in a part of a geological formation—any substance that is incidentally derived from the storage.
For the purposes of this Act, a site plan, in relation to an identified greenhouse gas storage formation, is a document that:
relates to the identified greenhouse gas storage formation; and
complies with such requirements as are specified in the regulations; and
is divided into the following parts:
Part A, which sets out predictions for the behaviour of a greenhouse gas substance stored in the identified greenhouse gas storage formation;
Part B, which deals with other matters.
(1) The responsible Commonwealth Minister may, by legislative instrument, declare a law of a State to be a compatible cross-boundary law for the purposes of this Act.
(2) The responsible Commonwealth Minister may, by legislative instrument, declare a law of the Northern Territory to be a compatible cross-boundary law for the purposes of this Act.
The responsible Commonwealth Minister must not, in exercising the power conferred by subsection (1), give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.
(1) For the purposes of this Act, a person is diving if the person:
is in a chamber inside which the ambient pressure is equal to or higher than the hydrostatic pressure at a depth of 1 metre in seawater (whether or not the chamber is submerged in water or another liquid); or
is submerged in water or another liquid and the person’s lungs are subjected to a pressure greater than atmospheric pressure (whether or not the person is wearing a wetsuit or other protective clothing); or
is in a manned submersible craft that is submerged in water or another liquid.
(2) For the purposes of this Act, diving includes (subject to subsection (3)):
diving using a snorkel; and
diving without the use of any breathing apparatus.
(3) For the purposes of this Act, diving does not include:
diving using a snorkel for the purpose of conducting an environmental survey; or
diving without the use of any breathing apparatus for that purpose.
(1) For the purposes of this Act, diving operations are any regulated operations (within the meaning of Part 6.9) that consist of one or more dives.
For the purposes of this Act, a diving operation:
begins when the diver, or first diver, who takes part in the operation starts to prepare to dive; and
ends when the diver, or last diver, who takes part in the operation:
leaves the water, or the chamber or environment, in which the dive took place; and
has completed any necessary decompression procedures; and
includes the time taken for therapeutic recompression if that is necessary.
For the purposes of sections 100, 101, 137, 138, 163 and 164 and paragraph 749(2)(a), the question of whether there is a significant risk that a key petroleum operation will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
is to be determined in a manner ascertained in accordance with the regulations.
A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:
the probability, or range of probabilities, of the occurrence of the adverse impact; and
the economic consequences of the adverse impact; and
the economic consequences of the adverse impact relative to the potential economic value of the operations referred to in whichever of paragraph (1)(a) or (b) is applicable.
Subsection (2) does not limit the matters that may be taken into account.
Subsections (1) and (2) have effect subject to subsections (5) and (6).
For the purposes of sections 100, 101, 137, 138, 163 and 164 and paragraph 749(2)(a), a key petroleum operation will have an adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
(the relevant greenhouse gas operations) if, and only if, the key petroleum operation will result in:
an increase in the capital costs (other than prescribed costs) of the relevant greenhouse gas operations; or
an increase in the operating costs (other than prescribed costs) of the relevant greenhouse gas operations; or
a reduction in the rate of injection of the greenhouse gas substance; or
a reduction in the quantity of the greenhouse gas substance that will be able to be stored.
For the purposes of sections 100, 101, 137, 138, 163 and 164 and paragraph 749(2)(a), if there is a risk that a key petroleum operation will have an adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability-weighted impact cost of the key petroleum operation is less than the amount that, under the regulations, is taken to be the threshold amount.
For the purposes of sections 171 and 173, the question of whether there is a significant risk that any of the operations that could be carried on under a petroleum production licence will have a significant adverse impact on operations that are being, or could be, carried on under:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence;
is to be determined in a manner ascertained in accordance with the regulations.
A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:
the probability, or range of probabilities, of the occurrence of the adverse impact; and
the economic consequences of the adverse impact; and
the economic consequences of the adverse impact relative to the potential economic value of the operations that are being, or could be, carried on under the permit, lease or licence referred to in whichever of paragraph (1)(a), (b) or (c) is applicable.
Subsection (2) does not limit the matters that may be taken into account.
Subsections (1) and (2) have effect subject to subsections (5) and (6).
(5) For the purposes of sections 171 and 173, an operation that could be carried on under a petroleum production licence (the petroleum production licence operation) will have an adverse impact on operations (the relevant greenhouse gas operations) that are being, or could be, carried on under:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence;
if, and only if, the petroleum production licence operation will result in:
an increase in the capital costs (other than prescribed costs) of the relevant greenhouse gas operations; or
an increase in the operating costs (other than prescribed costs) of the relevant greenhouse gas operations; or
a reduction in the rate of injection of the greenhouse gas substance; or
a reduction in the quantity of the greenhouse gas substance that will be able to be stored.
(6) For the purposes of sections 171 and 173, if there is a risk that an operation that could be carried on under a petroleum production licence (the petroleum production licence operation) will have an adverse impact on operations that are being, or could be, carried on under:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence;
then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability-weighted impact cost of the petroleum production licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.
For the purposes of sections 292 and 321 and paragraph 749(2)(b), the question of whether there is a significant risk that a key greenhouse gas operation will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence;
is to be determined in a manner ascertained in accordance with the regulations.
A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:
the probability, or range of probabilities, of the occurrence of the adverse impact; and
the economic consequences of the adverse impact; and
the economic consequences of the adverse impact relative to the potential economic value of the petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under the permit, lease or licence referred to in whichever of paragraph (1)(a), (b), (c), (d), (e) or (f) is applicable.
Subsection (2) does not limit the matters that may be taken into account.
Subsections (1) and (2) have effect subject to subsections (5) and (6).
For the purposes of sections 292 and 321 and paragraph 749(2)(b), a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence;
if, and only if, the key greenhouse gas operation will result in:
an increase in the capital costs (other than prescribed costs) of the petroleum exploration operations or petroleum recovery operations; or
an increase in the operating costs (other than prescribed costs) of the petroleum exploration operations or petroleum recovery operations; or
a reduction in the rate of recovery of the petroleum; or
a reduction in the quantity of the petroleum that will be able to be recovered.
For the purposes of sections 292 and 321 and paragraph 749(2)(b), if there is a risk that a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence;
then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability-weighted impact cost of the key greenhouse gas operation is less than the amount that, under the regulations, is taken to be the threshold amount.
For the purposes of sections 292A and 321A and paragraph 749(2)(ba), the question of whether there is a significant risk that a key greenhouse gas operation will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence; or
an existing State/Territory petroleum exploration title; or
an existing State/Territory petroleum retention title; or
an existing State/Territory petroleum production title; or
a future State/Territory petroleum exploration title; or
a future State/Territory petroleum retention title; or
a future State/Territory petroleum production title;
is to be determined in a manner ascertained in accordance with the regulations.
A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:
the probability, or range of probabilities, of the occurrence of the adverse impact; and
the economic consequences of the adverse impact; and
the economic consequences of the adverse impact relative to the potential economic value of the petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under the permit, lease, licence or title referred to in whichever of paragraph (1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (l) is applicable.
Subsection (2) does not limit the matters that may be taken into account.
Subsections (1) and (2) have effect subject to subsections (5) and (6).
For the purposes of sections 292A and 321A and paragraph 749(2)(ba), a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence; or
an existing State/Territory petroleum exploration title; or
an existing State/Territory petroleum retention title; or
an existing State/Territory petroleum production title; or
a future State/Territory petroleum exploration title; or
a future State/Territory petroleum retention title; or
a future State/Territory petroleum production title;
if, and only if, the key greenhouse gas operation will result in:
an increase in the capital costs (other than prescribed costs) of the petroleum exploration operations or petroleum recovery operations; or
an increase in the operating costs (other than prescribed costs) of the petroleum exploration operations or petroleum recovery operations; or
a reduction in the rate of recovery of the petroleum; or
a reduction in the quantity of the petroleum that will be able to be recovered.
For the purposes of sections 292A and 321A and paragraph 749(2)(ba), if there is a risk that a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence; or
an existing State/Territory petroleum exploration title; or
an existing State/Territory petroleum retention title; or
an existing State/Territory petroleum production title; or
a future State/Territory petroleum exploration title; or
a future State/Territory petroleum retention title; or
a future State/Territory petroleum production title;
then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability-weighted impact cost of the key greenhouse gas operation is less than the amount that, under the regulations, is taken to be the threshold amount.
For the purposes of sections 362 and 370 and paragraph 749(2)(c), the question of whether there is a significant risk that any of the operations that could be carried on under a greenhouse gas injection licence will have a significant adverse impact on operations that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence;
is to be determined in a manner ascertained in accordance with the regulations.
A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:
the probability, or range of probabilities, of the occurrence of the adverse impact; and
the economic consequences of the adverse impact; and
the economic consequences of the adverse impact relative to the potential economic value of the operations that are being, or could be, carried on under the permit, lease or licence referred to in whichever of paragraph (1)(a), (b), (c), (d), (e) or (f) is applicable.
Subsection (2) does not limit the matters that may be taken into account.
Subsections (1) and (2) have effect subject to subsections (5) and (6).
(5) For the purposes of sections 362 and 370 and paragraph 749(2)(c), an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on operations (the relevant petroleum operations) that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence;
if, and only if, the injection licence operation will result in:
an increase in the capital costs (other than prescribed costs) of the relevant petroleum operations; or
an increase in the operating costs (other than prescribed costs) of the relevant petroleum operations; or
a reduction in the rate of recovery of the petroleum; or
a reduction in the quantity of the petroleum that will be able to be recovered.
(6) For the purposes of sections 362 and 370 and paragraph 749(2)(c), if there is a risk that an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on operations that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence;
then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability-weighted impact cost of the injection licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.
For the purposes of section 368B and paragraph 749(2)(ca), the question of whether there is a significant risk that any of the operations that could be carried on under a greenhouse gas injection licence will have a significant adverse impact on operations that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence; or
an existing State/Territory petroleum exploration title; or
an existing State/Territory petroleum retention title; or
an existing State/Territory petroleum production title; or
a future State/Territory petroleum exploration title; or
a future State/Territory petroleum retention title; or
a future State/Territory petroleum production title;
is to be determined in a manner ascertained in accordance with the regulations.
A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:
the probability, or range of probabilities, of the occurrence of the adverse impact; and
the economic consequences of the adverse impact; and
the economic consequences of the adverse impact relative to the potential economic value of the operations that are being, or could be, carried on under the permit, lease, licence or title referred to in whichever of paragraph (1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (l) is applicable.
Subsection (2) does not limit the matters that may be taken into account.
Subsections (1) and (2) have effect subject to subsections (5) and (6).
(5) For the purposes of injection licence operation) will have an adverse impact on operations (the relevant petroleum operations) that are being, or could be, carried on under:section 368B and paragraph 749(2)(ca), an operation that could be carried on under a greenhouse gas injection licence (the
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence; or
an existing State/Territory petroleum exploration title; or
an existing State/Territory petroleum retention title; or
an existing State/Territory petroleum production title; or
a future State/Territory petroleum exploration title; or
a future State/Territory petroleum retention title; or
a future State/Territory petroleum production title;
if, and only if, the injection licence operation will result in:
an increase in the capital costs (other than prescribed costs) of the relevant petroleum operations; or
an increase in the operating costs (other than prescribed costs) of the relevant petroleum operations; or
a reduction in the rate of recovery of the petroleum; or
a reduction in the quantity of the petroleum that will be able to be recovered.
(6) For the purposes of injection licence operation) will have an adverse impact on operations that are being, or could be, carried on under:section 368B and paragraph 749(2)(ca), if there is a risk that an operation that could be carried on under a greenhouse gas injection licence (the
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence; or
an existing State/Territory petroleum exploration title; or
an existing State/Territory petroleum retention title; or
an existing State/Territory petroleum production title; or
a future State/Territory petroleum exploration title; or
a future State/Territory petroleum retention title; or
a future State/Territory petroleum production title;
then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability-weighted impact cost of the injection licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.
For the purposes of section 383 and paragraph 749(2)(d), the question of whether there is a significant risk that any of the operations that are being, or could be, carried on under a greenhouse gas injection licence will have a significant adverse impact on:
operations to recover petroleum; or
the commercial viability of the recovery of petroleum;
is to be determined in a manner ascertained in accordance with the regulations.
A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:
the probability, or range of probabilities, of the occurrence of the adverse impact; and
the economic consequences of the adverse impact; and
the economic consequences of the adverse impact relative to the potential economic value of the operations or recovery referred to in whichever of paragraph (1)(a) or (b) is applicable.
Subsection (2) does not limit the matters that may be taken into account.
Subsections (1) and (2) have effect subject to subsections (5) and (6).
(5) For the purposes of injection licence operation) will have an adverse impact on:section 383 and paragraph 749(2)(d), an operation that could be carried on under a greenhouse gas injection licence (the
operations to recover petroleum; or
the commercial viability of the recovery of petroleum;
if, and only if, the injection licence operation will result in:
an increase in the capital costs (other than prescribed costs) of the recovery of the petroleum; or
an increase in the operating costs (other than prescribed costs) of the recovery of the petroleum; or
a reduction in the rate of recovery of the petroleum; or
a reduction in the quantity of the petroleum that will be able to be recovered.
(6) For the purposes of injection licence operation) will have an adverse impact on:section 383 and paragraph 749(2)(d), if there is a risk that an operation that is being, or could be, carried on under a greenhouse gas injection licence (the
operations to recover petroleum; or
the commercial viability of the recovery of petroleum;
then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability-weighted impact cost of the injection licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.
A reference in this Act to a direction given by the responsible Commonwealth Minister does not include a reference to a direction given by the responsible Commonwealth Minister in his or her capacity as, or as a member of, the Joint Authority for an offshore area.
(1) For the purposes of this Act, State/Territory greenhouse gas storage administrator of a State means:
if a person:
performs functions, or exercises powers, under the provisions of the law of the State that correspond to Chapter 5; and
is specified in a written notice given by the responsible State Minister to the Titles Administrator for the purposes of this paragraph;
that person; or
otherwise—the responsible State Minister.
(2) For the purposes of this Act, State/Territory greenhouse gas storage administrator of the Northern Territory means:
if a person:
performs functions, or exercises powers, under the provisions of the law of the Northern Territory that correspond to Chapter 5; and
is specified in a written notice given by the responsible Northern Territory Minister to the Titles Administrator for the purposes of this paragraph;
that person; or
otherwise—the responsible Northern Territory Minister.
The Titles Administrator must publish on the Titles Administrator’s website a copy of a notice under paragraph (1)(a) or (2)(a).
A notice under paragraph (1)(a) or (2)(a) may specify:
a person by name; or
any person from time to time holding, or performing the duties of, a specified office or position.
A notice under paragraph (1)(a) or (2)(a) is not a legislative instrument.
Greenhouse gas titles
For the purposes of this Act, if:
a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force; and
either:
the successful applicant for the permit, lease or licence lodged a security with the responsible Commonwealth Minister in response to the offer document for the permit, lease or licence; or
the registered holder, or a former registered holder, of the permit, lease or licence lodged a security with the responsible Commonwealth Minister in response to a notice under section 454; and
the security has not been wholly discharged;
the security is taken to be in force in relation to the permit, lease or licence.
Site closing certificate
For the purposes of this Act, if:
a site closing certificate is in force; and
the successful applicant for the certificate lodged a security with the responsible Commonwealth Minister in response to the pre-certificate notice for the site closing certificate; and
the security has not been wholly discharged;
the security is taken to be in force in relation to the site closing certificate.
Note: For pre-certificate notice, see section 388.
For the purposes of this Act, a designated agreement is an agreement of the kind referred to in any of the following provisions:
paragraph 100(5)(f);
paragraph 100(6)(d);
subsection 100(10);
paragraph 137(5)(f);
paragraph 137(6)(d);
subsection 137(10);
paragraph 163(5)(f);
paragraph 163(6)(d);
subsection 163(10);
paragraph 292(5)(d);
paragraph 292(6)(d);
subsection 292(11);
subsection 292(12);
paragraph 292A(5)(g);
paragraph 292A(6)(d);
subsection 292A(11);
subsection 292A(12);
paragraph 321(5)(d);
paragraph 321(6)(d);
subsection 321(11);
subsection 321(12);
paragraph 321A(5)(g);
paragraph 321A(6)(d);
subsection 321A(11);
subsection 321A(12);
subparagraph 362(1)(d)(iii);
subparagraph 362(1)(e)(iii);
subparagraph 362(2)(d)(iii);
subparagraph 362(2)(e)(iii);
paragraph 362(3)(a);
subparagraph 368B(1)(d)(iii);
subparagraph 368B(1)(e)(iii);
subparagraph 368B(1)(f)(iii);
subparagraph 368B(1)(g)(iii);
subparagraph 368B(2)(d)(iii);
subparagraph 368B(2)(e)(iii);
subparagraph 368B(2)(f)(iii);
subparagraph 368B(2)(g)(iii);
paragraph 368B(3)(a);
subparagraph 370(d)(v);
paragraph 370(e);
paragraph 370(f);
paragraph 370(g);
paragraph 383(1)(e).
Graticular sections
For the purposes of this Act, the surface of the Earth is taken to be divided:
by the meridian of Greenwich and by meridians that are at an angular distance from that meridian of 5 minutes, or a multiple of 5 minutes, of longitude; and
by the equator and by parallels of latitude that are at an angular distance from the equator of 5 minutes, or a multiple of 5 minutes, of latitude;
into sections called graticular sections, each of which is bounded:
by portions of 2 of those meridians that are at an angular distance from each other of 5 minutes of longitude; and
by portions of 2 of those parallels of latitude that are at an angular distance from each other of 5 minutes of latitude.
Simplified map
This subsection sets out a simplified map illustrating graticular sections off the coast of Western Australia in the vicinity of Barrow Island:
Blocks
For the purposes of this Act:
(a) a graticular section that is wholly within an offshore area constitutes a block; and
(b) if a part only of a graticular section is, or parts only of a graticular section are, within an offshore area, the area of that part, or of those parts, constitutes a block.
Note 1: See also section 282 (certain portions of blocks to be blocks).
Note 2: See also section 461A (certain State/Territory blocks to be blocks).
Note 3: See also section 462 (certain portions of blocks to be blocks).
Block that is constituted by a graticular section
(4) A reference in this Act to a block that is constituted by a graticular section includes a reference to a block that is constituted by the area of a part only, or by the areas of parts only, of a graticular section.
Graticular section that constitutes a block
(5) A reference in this Act to a graticular section that constitutes a block includes a reference to:
a graticular section only part of which constitutes a block; or
a graticular section only parts of which constitute a block.
Note: For datum, see section 39.
States
For the purposes of this Act, if:
a Department of a State is specified in a written notice given to NOPSEMA by the responsible State Minister of the State for the purposes of this subsection; and
a person holds or performs the duties of the position of head (however described) of the Department;
the person is the designated public official of the State.
For the purposes of this Act, if:
no notice is in force under paragraph (1)(a) in relation to a State; and
a Department of the State is administered by the responsible State Minister of the State; and
a person holds or performs the duties of the position of head (however described) of the Department;
the person is the designated public official of the State.
Northern Territory
For the purposes of this Act, if:
a Department of the Northern Territory is specified in a written notice given to NOPSEMA by the responsible Northern Territory Minister for the purposes of this subsection; and
a person holds or performs the duties of the position of head (however described) of the Department;
the person is the designated public official of the Northern Territory.
For the purposes of this Act, if:
no notice is in force under paragraph (3)(a); and
a Department of the Northern Territory is administered by the responsible Northern Territory Minister; and
a person holds or performs the duties of the position of head (however described) of the Department;
the person is the designated public official of the Northern Territory.
External Territories
(5) For the purposes of this Act, the Secretary of the Department administered by the Minister who administers the Norfolk Island Act 1979 is the designated public official of Norfolk Island.
Note: For acting appointments, see Acts Interpretation Act 1901.section 33 of the
(6) For the purposes of this Act, the Secretary of the Department administered by the Minister who administers the Christmas Island Act 1958 is the designated public official of the Territory of Christmas Island.
Note: For acting appointments, see Acts Interpretation Act 1901.section 33 of the
(7) For the purposes of this Act, the Secretary of the Department administered by the Minister who administers the Cocos (Keeling) Islands Act 1955 is the designated public official of the Territory of Cocos (Keeling) Islands.
Note: For acting appointments, see Acts Interpretation Act 1901.section 33 of the
(8) For the purposes of this Act, the Secretary of the Department administered by the Minister who administers the Heard Island and McDonald Islands Act 1953 is the designated public official of the Territory of Heard Island and McDonald Islands.
Note: For acting appointments, see Acts Interpretation Act 1901.section 33 of the
Other matters
NOPSEMA must publish on NOPSEMA’s website a copy of a notice under paragraph (1)(a) or (3)(a).
A notice under paragraph (1)(a) or (3)(a) is not a legislative instrument.
This Act extends to the following external Territories:
Norfolk Island;
the Territory of Christmas Island;
the Territory of Cocos (Keeling) Islands;
the Territory of Ashmore and Cartier Islands;
the Territory of Heard Island and McDonald Islands.
This Act applies to:
all individuals, whether or not Australian citizens, and whether or not resident in the Commonwealth or a Territory; and
all corporations, whether or not incorporated or carrying on business in the Commonwealth or a Territory.
This section applies to the provisions of this Act to the extent to which they relate to a pipeline for the conveyance of petroleum recovered from a place beyond the outer limits of any offshore area.
The provisions have effect subject to Australia’s obligations under international law, including obligations under any agreement between Australia and any foreign country or countries.
Subdivision A—Datum for ascertaining the position of points etc.
The objects of this Subdivision are:
to use the Australian Geodetic Datum to determine the position of graticular sections or blocks; and
to use the Geocentric Datum of Australia to determine the position of certain other areas; and
to enable the position of a point, line or area to be described, in a title or other instrument under this Act, using:
the Geocentric Datum of Australia; or
another datum identified in the regulations;
(but not so as to change the position of a point, line or area).
In this Subdivision:
Australian Geodetic Datum means the Australian Geodetic Datum as defined in Gazette No. 84 of 6 October 1966 (AGD66 geodetic data set).
Geocentric Datum of Australia means the Geocentric Datum of Australia as defined in Gazette No. 35 of 6 September 1995 (GDA94 geocentric data set).
greenhouse gas title means:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; or
a greenhouse gas special authority.
instrument under this Act does not include the regulations.
petroleum title means:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence; or
a pipeline licence; or
a petroleum special prospecting authority; or
a petroleum access authority.
this Act includes the regulations.
title means:
a greenhouse gas title; or
a petroleum title.
For the purposes of this Act, the position on the surface of the Earth of a graticular section or block is to be determined by reference to the Australian Geodetic Datum.
Note: Australian Geodetic Datum is defined in section 38.
Subsection (1) does not apply for the purposes of describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area.
For the purposes of this Act, the position on the surface of the Earth of:
the parallel of latitude described in subsection 8(2); or
an area described in Schedule 1; or
the area described in Schedule 2; or
the area described in Schedule 7; or
the area described in Schedule 8;
is to be determined by reference to the Geocentric Datum of Australia.
Note 1: Subsection 8(2) describes the Coral Sea area.
Note 2: Schedule 1 describes the scheduled areas for the States and Territories. See also sections 48 and 49 (points and lines specified in the New Zealand boundary treaty).
Note 3: Schedule 2 describes the area that includes the area to be avoided.
Note 3A: Schedule 7 describes the Eastern Greater Sunrise offshore area and the Western Greater Sunrise area.
Note 3B: Schedule 8 describes the Bayu-Undan pipeline international offshore area.
Note 4: Geocentric Datum of Australia is defined in section 38.
Subsection (1) does not apply for the purposes of describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area.
The regulations may declare that, for the purposes of describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area:
(a) a specified datum is the current datum; and
that datum replaces the previous datum.
(2) The previous datum is:
if a datum is the first datum declared to be the current datum under subsection (1)—the Geocentric Datum of Australia; or
in any other case—the datum that was the current datum immediately before the changeover time.
(3) The changeover time is the time when the declaration takes effect.
Before the first declaration under subsection (1) takes effect, the Geocentric Datum of Australia applies for the purposes of describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area.
For the purposes of this Act, after the changeover time, for a title or instrument set out in the table, the position on the surface of the Earth of a point, line or area set out in the table is to be described by reference to the current datum, and the relevant title or instrument may be annotated accordingly:
Note 1: A grant of a petroleum exploration permit, a petroleum retention lease or a petroleum production licence may be a grant by way of renewal—see section 11.
Note 2: A grant of a greenhouse gas holding lease may be a grant by way of renewal—see section 11.
For the purposes of this Act, after the changeover time, for a title or instrument set out in the table, the position on the surface of the Earth of a point, line or area set out in the table is to be described by reference to the previous datum:
Subsection (1) has effect subject to section 44 (which deals with variation of titles and instruments).
Petroleum titles and instruments
The table has effect:
Note: For publication in the Gazette of notice of the variation, see section 708.
Greenhouse gas titles and instruments
The table has effect:
Note: For publication in the Gazette of notice of the variation, see section 708.
Petroleum titles
The Titles Administrator may issue an instrument varying an application for a petroleum title for the sole purpose of relabelling a point, line or area by reference to geographic coordinates based on the current datum.
Greenhouse gas titles
The responsible Commonwealth Minister may issue an instrument varying an application for a greenhouse gas title for the sole purpose of relabelling a point, line or area by reference to geographic coordinates based on the current datum.
This Subdivision does not authorise any change to the position on the surface of the Earth of a point, line or area.
The regulations may make provision for matters of a transitional nature arising from the change from the previous datum to the current datum.
This Subdivision has effect subject to section 49.
Subdivision B—Certain points etc. specified in an International Seabed Agreement to be ascertained by other means
Note: Section 49 deals with International Seabed Agreements.
This section applies if, for the purposes of this Act or the regulations, or for the purposes of an instrument under this Act or the regulations, it is necessary to determine the position on the surface of the Earth of:
a point or line specified in an International Seabed Agreement; or
a point on, or part of, such a line.
That position must be determined in accordance with:
that Agreement; or
if that Agreement is varied—in accordance with that Agreement as varied for the time being.
In this section:
International Seabed Agreement means:
the Agreement between Australia and Indonesia establishing certain seabed boundaries signed at Canberra on 18 May 1971; or
the Agreement between Australia and Indonesia establishing certain seabed boundaries in the area of the Timor and Arafura Seas supplementary to the Agreement referred to in paragraph (a) and signed at Jakarta on 9 October 1972; or
the Agreement between Australia and Indonesia concerning certain boundaries between Papua New Guinea and Indonesia signed at Jakarta on 12 February 1973; or
the Treaty between Australia and the Independent State of Papua New Guinea concerning sovereignty and maritime boundaries in the area between the 2 countries, including the area known as the Torres Strait, and related matters that was signed at Sydney on 18 December 1978; or
the New Zealand boundary treaty; or
the Timor Sea Maritime Boundaries Treaty.
In this Division:
title means:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence.
For the purposes of this Division, the table has effect:
For the purposes of this Act, if:
(a) a wellhead is situated in the title area of a title (the first title); and
(b) the well from that wellhead is inclined so as to enter a petroleum pool at a place within an adjoining title area of a title (the second title) of the same titleholder; and
the pool does not extend to the title area of the first title;
any petroleum recovered through that well is taken to have been recovered in the adjoining title area under the second title.
For the purposes of this Act, if:
a petroleum pool is partly in the title area of a title and partly in an adjoining title area of a title of the same titleholder (whether in the same offshore area or not); and
petroleum is recovered from that pool through a well or wells in one or both of the title areas;
then:
there is taken to have been recovered in each of the title areas, under the title in relation to the title area, such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool; and
the respective proportions are to be determined by agreement between:
the titleholder; and
the Joint Authority;
or, in the absence of agreement, by the Federal Court or a relevant Supreme Court on the application of the titleholder or the Joint Authority.
Supreme Court
(2) A reference in this section to a relevant Supreme Court is a reference to the Supreme Court of the State, or one of the States, in the offshore area of which the petroleum pool is wholly or partly situated.
Northern Territory
This section applies to the Northern Territory as if that Territory were a State.
Note: The offshore area of a State or Territory is defined by section 8.
For the purposes of this Act, if:
(a) a petroleum pool is partly in the title area of a title and partly in an area (the State title area) in which the titleholder has authority under the law of a State to explore for, or recover, petroleum; and
petroleum is recovered from that pool through a well or wells in the title area of the title, the State title area, or both;
then:
there is taken to have been recovered in the title area of the title such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool; and
that proportion is to be determined by agreement between:
the titleholder of the title; and
the Joint Authority; and
the responsible State Minister;
or, in the absence of agreement, by the Federal Court or a relevant Supreme Court on the application of:
the titleholder of the title; or
the Joint Authority; or
the responsible State Minister.
Multiple petroleum pools
If:
an agreement is in force between:
the titleholder of a title; and
the Joint Authority for an offshore area of a State; and
the responsible State Minister for the State;
in relation to a petroleum pool that is partly in the title area of a title and partly in an area (the State title area) in which the titleholder has authority under the law of the State to explore for, or recover, petroleum; and
(b) the agreement contains a provision (the apportionment provision) that provides that, for the purposes of this section, there will be taken to be recovered in the title area of the title a specified proportion of all of the petroleum recovered from the petroleum pool; and
assuming that petroleum were recovered from the part of the seabed that is within the areal and vertical extents specified in the agreement, the specified proportion would be consistent with such proportion of all petroleum so recovered as may reasonably be treated as being derived from the title area of the title, having regard to the nature and probable extent of the petroleum in that part of the seabed; and
the agreement contains a provision to the effect that if it becomes apparent that the areal and vertical extents of the petroleum pool, as specified in the agreement:
comprise; or
are likely to comprise;
more than one petroleum pool, the apportionment set out in the apportionment provision will apply to the petroleum recovered from any or all of those petroleum pools (regardless of their location but within those vertical and areal extents); and
after the time of the making of the agreement, it becomes apparent that the areal and vertical extents of the petroleum pool, as specified in the agreement, comprise, or are likely to comprise, 2 or more petroleum pools; and
petroleum is recovered from any of those pools through a well or wells in the title area of the title, the State title area, or both;
then:
for the purposes of this Act, there is taken to have been recovered in the title area of the title such proportion of all petroleum so recovered as is specified in the apportionment provision; and
subsection (1) does not apply to any of those pools.
The question of whether there is or was a petroleum pool covered by paragraph (1A)(a) is to be determined on the basis of information known at the time of the making of the agreement.
The question of whether paragraph (1A)(c) applies is to be determined on the basis of information known at the time of the commencement of the apportionment provision.
The location of any of the 2 or more petroleum pools mentioned in paragraph (1A)(e) is immaterial.
Specified part of the seabed—apportionment agreement
If:
(a) at a particular time after the commencement of this subsection, a petroleum pool is partly in the title area of a title and partly in an area (the State title area) in which the titleholder has authority under the law of a State to explore for, or recover, petroleum; and
at that time, an agreement is made between the following parties:
the titleholder of the title;
the Joint Authority;
the responsible State Minister; and
the agreement specifies a part of the seabed by reference to its areal and vertical extents; and
the areal and vertical extents of the specified part consist of:
the whole or a part of the title area of the title; and
the whole or part of the State title area; and
the areal and vertical extents of the specified part include the petroleum pool; and
(f) the agreement contains a provision (the apportionment provision) that provides that, for the purposes of this section, there will be taken to be recovered in the title area of the title a specified proportion of the petroleum recovered from the specified part; and
assuming that petroleum were recovered from the specified part, the specified proportion would be consistent with such proportion of all petroleum so recovered as may reasonably be treated as being derived from the title area of the title, having regard to the nature and probable extent of the petroleum in the specified part; and
petroleum is recovered from the specified part through a well or wells in the title area of the title, the State title area, or both;
then:
for the purposes of this Act, there is taken to have been recovered in the title area of the title such proportion of all petroleum so recovered as is specified in the apportionment provision; and
subsection (1) does not apply to a petroleum pool located in the specified part.
The question of whether there is or was a petroleum pool covered by paragraph (1E)(a) at a particular time is to be determined on the basis of information known at that time.
The question of whether paragraph (1E)(g) applies is to be determined on the basis of information known at the time of the commencement of the apportionment provision.
Supreme Court
(2) A reference in this section to a relevant Supreme Court is a reference to the Supreme Court of the State, or one of the States, in the offshore area of which the petroleum pool is wholly or partly situated.
Northern Territory
This section applies to the Northern Territory as if:
that Territory were a State; and
the responsible Northern Territory Minister were the responsible State Minister of that State.
Note: The offshore area of a State or Territory is defined by section 8.
For the purposes of this Act, if:
a petroleum pool is:
partly in a petroleum production licence area; and
partly in another area (whether in the offshore area or not) in relation to which another person has authority (whether under this Act or under the law of a State or the Northern Territory) to explore for or recover petroleum; and
a unit development agreement in accordance with section 191 is in force between the licensee and that other person; and
petroleum is recovered from that pool through a well or wells in the licence area, the other area or both;
there is taken to have been recovered in that licence area such proportion of all petroleum so recovered as is specified in, or determined in accordance with, the agreement.
For the purposes of this Act, there is a Joint Authority for each offshore area.
State
The Joint Authority for an offshore area of a State (other than Tasmania) is constituted by:
the responsible State Minister; and
the responsible Commonwealth Minister;
and is to be known as the Commonwealth-[name of State] Offshore Petroleum Joint Authority.
The responsible Commonwealth Minister is the Joint Authority for the offshore area of Tasmania. That Joint Authority is to be known as the Commonwealth-Tasmania Offshore Petroleum Joint Authority.
The Joint Authority for an offshore area of a State is taken to be the Joint Authority for the State.
Principal Northern Territory offshore area
The Joint Authority for the Principal Northern Territory offshore area is constituted by:
the responsible Northern Territory Minister; and
the responsible Commonwealth Minister;
and is to be known as the Commonwealth-Northern Territory Offshore Petroleum Joint Authority.
The Commonwealth-Northern Territory Offshore Petroleum Joint Authority is taken to be the Joint Authority for the Northern Territory.
Eastern Greater Sunrise offshore area
The responsible Commonwealth Minister is the Joint Authority for the Eastern Greater Sunrise offshore area. That Joint Authority is to be known as the Greater Sunrise Offshore Petroleum Joint Authority.
The Greater Sunrise Offshore Petroleum Joint Authority is taken not to be the Joint Authority for the Northern Territory.
External Territories
The responsible Commonwealth Minister is the Joint Authority for the offshore area of each of the following external Territories:
Norfolk Island;
the Territory of Christmas Island;
the Territory of Cocos (Keeling) Islands;
the Territory of Ashmore and Cartier Islands;
the Territory of Heard Island and McDonald Islands;
and such a Joint Authority is to be known as the [name of Territory] Offshore Petroleum Joint Authority.
Note: For example, the Joint Authority for the offshore area of the Territory of Ashmore and Cartier Islands is to be known as the Territory of Ashmore and Cartier Islands Offshore Petroleum Joint Authority.
The Joint Authority for the offshore area of an external Territory is taken to be the Joint Authority for that Territory.
Bayu-Undan pipeline international offshore area
The responsible Commonwealth Minister is the Joint Authority for the Bayu-Undan pipeline international offshore area. That Joint Authority is to be known as the Bayu-Undan Offshore Petroleum Joint Authority.
Note: Under section 8A, the Bayu-Undan pipeline international offshore area is treated like an offshore area for the purposes of many provisions of this Act so far as they relate to petroleum pipelines.
Greater Sunrise pipeline international offshore area
The responsible Commonwealth Minister is the Joint Authority for the Greater Sunrise pipeline international offshore area. That Joint Authority is to be known as the Greater Sunrise Pipeline Offshore Petroleum Joint Authority.
Note: Under section 8A, the Greater Sunrise pipeline international offshore area (if declared) is treated like an offshore area for the purposes of many provisions of this Act so far as they relate to petroleum pipelines.
A Joint Authority for a State or Territory (other than the Northern Territory) has, in relation to the offshore area for that State or Territory, the functions and powers that this Act or the regulations confer on a Joint Authority.
The Joint Authority for the Principal Northern Territory offshore area has, in relation to that offshore area, the functions and powers that this Act or the regulations confer on a Joint Authority.
The Joint Authority for the Eastern Greater Sunrise offshore area has, in relation to that offshore area, the functions and powers that this Act or the regulations confer on a Joint Authority.
The Joint Authority for the Bayu-Undan pipeline international offshore area has, in relation to that area, the functions and powers relating to petroleum pipelines that the provisions of this Act mentioned in subsection (6), or regulations made for the purposes of those provisions, confer on a Joint Authority.
The Joint Authority for the Greater Sunrise pipeline international offshore area has, in relation to that area, the functions and powers relating to petroleum pipelines that the provisions of this Act mentioned in subsection (6), or regulations made for the purposes of those provisions, confer on a Joint Authority.
For the purposes of subsections (4) and (5), the provisions are as follows:
this Part;
Part 2.6;
Part 2.10;
section 264 so far as it applies because of item 2 of the table in subsection 264(1);
Division 1 of Part 2.12;
Division 1 of Part 2.13;
Part 2.14 except section 279;
section 511;
Part 6.1;
Part 6.2;
Part 6.10;
Part 6.11;
Part 9.4;
Part 9.6A;
Part 9.8;
Part 9.9.
A Joint Authority for a State (other than Tasmania) or the Northern Territory may conduct its business:
at meetings of the Joint Authority; or
by written or other communication between the members of the Joint Authority.
A written communication under paragraph (1)(b) is not a legislative instrument.
This section applies to decisions to be made by a Joint Authority for a State (other than Tasmania) or the Northern Territory on matters that are within the Joint Authority’s functions or powers.
If:
the responsible Commonwealth Minister; and
the responsible State Minister or the responsible Northern Territory Minister, as the case may be;
disagree about a decision, the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister’s decision has effect as the Joint Authority’s decision.
If:
the responsible Commonwealth Minister gives:
in the case of a State—the responsible State Minister; or
in the case of the Northern Territory—the responsible Northern Territory Minister;
written notice of a decision that the responsible Commonwealth Minister thinks should be made on a matter; and
30 days pass after the notice is given, and:
in the case of a State—the responsible State Minister has not told the responsible Commonwealth Minister what decision the responsible State Minister thinks should be made; or
in the case of the Northern Territory—the responsible Northern Territory Minister has not told the responsible Commonwealth Minister what decision the responsible Northern Territory Minister thinks should be made;
the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister’s decision has effect as the Joint Authority’s decision.
For the purposes of this Act, the opinion or state of mind of the Joint Authority for a State (other than Tasmania) or the Northern Territory is:
if:
the responsible Commonwealth Minister; and
the responsible State Minister or the responsible Northern Territory Minister, as the case may be;
agree on the matter concerned—the opinion or state of mind of the 2 Ministers; or
if the 2 Ministers disagree—the opinion or state of mind of the responsible Commonwealth Minister.
The Titles Administrator must cause to be kept written records of the decisions of a Joint Authority.
A record kept under subsection (1) in relation to the Joint Authority for a State (other than Tasmania) or the Northern Territory is prima facie evidence that the decision was duly made as recorded if the record is signed by a person who was a member of the Joint Authority at the time when the decision was made.
A record kept under subsection (1) in relation to the Joint Authority for:
Tasmania; or
the Eastern Greater Sunrise Offshore area; or
an external Territory; or
the Bayu-Undan pipeline international offshore area; or
the Greater Sunrise pipeline international offshore area;
is prima facie evidence that the decision was duly made as recorded if the record is signed by a person who was the Joint Authority at the time when the decision was made.
A record kept under subsection (1) is not a legislative instrument.
If a document is signed by the Titles Administrator on behalf of a Joint Authority, the document is taken to have been duly executed by the Joint Authority.
The document is taken to be in accordance with a decision of the Joint Authority unless the contrary is proved.
All communications to or by a Joint Authority are to be made through the Titles Administrator.
Joint Authority for a State (other than Tasmania) or the Northern Territory
All courts must take judicial notice of:
the signature of a person who is, or has been:
a member of the Joint Authority for a State (other than Tasmania) or the Northern Territory; or
a delegate of the Joint Authority for a State (other than Tasmania) or the Northern Territory; and
the fact that the person is, or was at a particular time:
a member of the Joint Authority for that State or the Northern Territory, as the case may be; or
a delegate of the Joint Authority for that State or the Northern Territory, as the case may be.
Joint Authority for Tasmania
All courts must take judicial notice of:
the signature of a person who is, or has been:
the Joint Authority for Tasmania; or
a delegate of the Joint Authority for Tasmania; and
the fact that the person is, or was at a particular time:
the Joint Authority for Tasmania; or
a delegate of the Joint Authority for Tasmania.
Joint Authority for the Eastern Greater Sunrise offshore area
All courts must take judicial notice of:
the signature of a person who is, or has been:
the Joint Authority for the Eastern Greater Sunrise offshore area; or
a delegate of the Joint Authority for the Eastern Greater Sunrise offshore area; and
the fact that the person is, or was at a particular time:
the Joint Authority for that offshore area; or
a delegate of the Joint Authority for that offshore area.
Joint Authority for an external Territory
All courts must take judicial notice of:
the signature of a person who is, or has been:
the Joint Authority for the offshore area of an external Territory; or
a delegate of the Joint Authority for the offshore area of an external Territory; and
the fact that the person is, or was at a particular time:
the Joint Authority for that offshore area; or
a delegate of the Joint Authority for that offshore area.
Joint Authority for a pipeline international offshore area
All courts must take judicial notice of:
the signature of a person who is, or has been:
the Joint Authority for the Bayu-Undan pipeline international offshore area; or
the Joint Authority for the Greater Sunrise pipeline international offshore area; or
a delegate of the Joint Authority mentioned in subparagraph (i) or (ii); and
the fact that the person is, or was at a particular time:
the Joint Authority for that area; or
a delegate of the Joint Authority for that area.
Definition
In this section:
court includes a person authorised to receive evidence:
by a law of the Commonwealth, a State or a Territory; or
by consent of parties.
If this Act requires or allows a Joint Authority to:
execute or issue an instrument; or
give a notice; or
communicate a matter;
the Titles Administrator is to do so on behalf of the Joint Authority in accordance with a decision of the Joint Authority.
For the purposes of any proceedings:
an instrument that purports to be executed or issued by the Titles Administrator on behalf of the Joint Authority is taken to have been executed or issued in accordance with a decision of the Joint Authority; and
a notice that purports to be given by the Titles Administrator on behalf of the Joint Authority is taken to have been given in accordance with a decision of the Joint Authority; and
a communication that purports to be made by the Titles Administrator on behalf of the Joint Authority is taken to have been made in accordance with a decision of the Joint Authority;
unless the contrary is proved.
A Joint Authority for a State (other than Tasmania) or the Northern Territory may, by written instrument, delegate any or all of the functions or powers of the Joint Authority under this Act or the regulations to 2 persons together, each of whom is one of the following:
an APS employee who is an SES employee or acting SES employee;
an employee of the relevant State, or of the Northern Territory, as the case requires.
Note: The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
A delegation under this section:
must specify one person as representing the responsible Commonwealth Minister; and
must specify the other person as representing the responsible State Minister or responsible Northern Territory Minister of the Joint Authority; and
must be signed by both members of the Joint Authority.
Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
If the Joint Authority delegates a function or power under this section, the delegation continues in force despite:
a vacancy in the office of responsible Commonwealth Minister; or
a change in the identity of the holder of the office of responsible Commonwealth Minister; or
a vacancy in the office of responsible State Minister or responsible Northern Territory Minister, as the case may be; or
a change in the identity of the holder of the office of responsible State Minister or responsible Northern Territory Minister, as the case may be.
(4) Despite subsection (3), a delegation under this section may be revoked by the Joint Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901.
If a delegation is made under this section, sections 59 and 60 do not apply to the delegates.
If the delegates are unable to agree on a matter requiring decision, they must refer the matter to the Joint Authority.
In the application to the delegates of a provision of this Act containing a reference to the opinion or state of mind of the Joint Authority, the reference is to be read as a reference to the opinion or state of mind of the 2 delegates of the Joint Authority unless they disagree.
A referral under subsection (6) is not a legislative instrument.
The Joint Authority for Tasmania may, by written instrument, delegate to a person any or all of the functions or powers of the Joint Authority under this Act or the regulations.
Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
If the Joint Authority delegates a function or power under this section, the delegation continues in force despite:
a vacancy in the office of Joint Authority; or
a change in the identity of the holder of the office of Joint Authority.
(3) Despite subsection (2), a delegation under this section may be revoked by the Joint Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901.
(4) A copy of each instrument making, varying or revoking a delegation under this section must be published in the Gazette.
A Joint Authority may delegate a function or power to an APS employee only if the APS employee is an SES employee or acting SES employee.
Note: The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
The Greater Sunrise Offshore Petroleum Joint Authority may, by written instrument, delegate to:
an APS employee who is an SES employee or acting SES employee; or
an employee of the Northern Territory;
any or all of the functions or powers of the Joint Authority under this Act or the regulations.
Note 1: The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
If the Joint Authority delegates a function or power under this section, the delegation continues in force despite:
a vacancy in the office of Joint Authority; or
a change in the identity of the holder of the office of Joint Authority.
(3) Despite subsection (2), a delegation under this section may be revoked by the Joint Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901.
(4) A copy of each instrument making, varying or revoking a delegation under this section must be published in the Gazette.
The Joint Authority for the offshore area of any of the following external Territories:
Norfolk Island;
the Territory of Christmas Island;
the Territory of Cocos (Keeling) Islands;
the Territory of Ashmore and Cartier Islands;
the Territory of Heard Island and McDonald Islands;
may, by written instrument, delegate to a person any or all of the functions or powers of the Joint Authority under this Act or the regulations.
Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
If the Joint Authority delegates a function or power under this section, the delegation continues in force despite:
a vacancy in the office of Joint Authority; or
a change in the identity of the holder of the office of Joint Authority.
(3) Despite subsection (2), a delegation under this section may be revoked by the Joint Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901.
(4) A copy of each instrument making, varying or revoking a delegation under this section must be published in the Gazette.
A Joint Authority may delegate a function or power to an APS employee only if the APS employee is an SES employee or acting SES employee.
Note: The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
The Joint Authority for the Bayu-Undan pipeline international offshore area or the Joint Authority for the Greater Sunrise pipeline international offshore area may, by written instrument, delegate to an SES employee or acting SES employee any or all of the functions or powers of the Joint Authority under this Act or the regulations.
Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
If the Joint Authority delegates a function or power under this section, the delegation continues in force despite:
a vacancy in the office of Joint Authority; or
a change in the identity of the holder of the office of Joint Authority.
(3) Despite subsection (2), a delegation under this section may be revoked by the Joint Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901.
A copy of each instrument making, varying or revoking a delegation under this section must be published in the Gazette.
The Greater Sunrise Offshore Petroleum Joint Authority may consult with the Timorese Designated Authority before exercising any power, or performing any function, that is conferred on the Joint Authority under this Act or the regulations.
Joint Authority for Bayu-Undan pipeline international offshore area
The Joint Authority for the Bayu-Undan pipeline international offshore area may cooperate with the Timorese Designated Authority for the effective management and regulation of the Bayu-Undan Gas Field (within the meaning of the Timor Sea Maritime Boundaries Treaty).
Joint Authority for Greater Sunrise pipeline international offshore area
The Joint Authority for the Greater Sunrise pipeline international offshore area may cooperate with the Timorese Designated Authority for the effective management and regulation of the Greater Sunrise special regime area.
Payments to Western Australia
If, during a particular month, the Commonwealth receives:
an amount of royalty payable under the Royalty Act by the registered holder of:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence;
in relation to petroleum recovered under the permit, lease or licence in the offshore area of Western Australia; or
an amount payable under Part 6.7 because of late payment of any such royalty;
then, before the end of the next month, the Commonwealth must pay to Western Australia an amount worked out using the formula:
where:
royalty rate means the percentage rate at which royalty is payable by the holder under the Royalty Act in relation to that petroleum (disregarding any determination under section 9 of the Royalty Act in relation to a well).
Reduction of payments to Western Australia—refunds of royalty
If:
the Commonwealth is liable to pay an amount under subsection (1) because the Commonwealth received, during a particular month, an amount mentioned in that subsection; and
during that month, the Commonwealth paid a refund under paragraph 16(3)(b) of the Royalty Act to the registered holder of:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence;
in respect of an amount of royalty payable under the Royalty Act;
the total of the amounts payable by the Commonwealth as mentioned in paragraph (a) is to be reduced by an amount worked out using the formula:
where:
adjusted amount means the amount that would have been paid under subsection (1) in respect of the amount of royalty if it were assumed that the provisional royalty (within the meaning of section 16 of the Royalty Act) had been equal to the determined royalty (within the meaning of that section).
Payment through Federation Reform Fund
An amount that is payable by the Commonwealth under this section must be credited to the Federation Reform Fund for the purposes of paying the amount to Western Australia.
The Treasurer must ensure that, as soon as practicable after an amount is credited to the Federation Reform Fund under subsection (3), the Federation Reform Fund is debited for the purposes of paying the amount to Western Australia.
For the purposes of:
(a) the Federation Reform Fund Act 2008; and
(b) the Public Governance, Performance and Accountability Act 2013;
the payment of an amount that the Commonwealth is liable to pay under this section is taken to be a payment by way of a grant of financial assistance.
• There is:
a Cross-boundary Authority for each offshore area of a State; and
a Cross-boundary Authority for the Principal Northern Territory offshore area.
• The Cross-boundary Authority for an offshore area of a State is constituted by:
the responsible State Minister; and
the responsible Commonwealth Minister.
• The Cross-boundary Authority for the Principal Northern Territory offshore area is constituted by:
the responsible Northern Territory Minister; and
the responsible Commonwealth Minister.
• A Cross-boundary Authority has the functions and powers conferred on the Cross-boundary Authority by this Act or the regulations.
Note: The main function of a Cross-boundary Authority is to grant cross-boundary greenhouse gas assessment permits, cross-boundary greenhouse gas holding leases and cross-boundary greenhouse gas injection licences.
For the purposes of this Act, there is:
a Cross-boundary Authority for each offshore area of a State; and
a Cross-boundary Authority for the Principal Northern Territory offshore area.
State
The Cross-boundary Authority for an offshore area of a State is constituted by:
the responsible State Minister; and
the responsible Commonwealth Minister;
and is to be known as the Commonwealth-[name of State] Greenhouse Gas Storage Cross-boundary Authority.
The Cross-boundary Authority for an offshore area of a State is taken to be the Cross-boundary Authority for the State.
Northern Territory
The Cross-boundary Authority for the Principal Northern Territory offshore area is constituted by:
the responsible Northern Territory Minister; and
the responsible Commonwealth Minister;
and is to be known as the Commonwealth-Northern Territory Greenhouse Gas Storage Cross-boundary Authority.
The Commonwealth-Northern Territory Greenhouse Gas Storage Cross-boundary Authority is taken to be the Cross-boundary Authority for the Northern Territory.
Consent
Paragraph (1)(a) does not apply to an offshore area of a State unless the State has consented to the responsible State Minister being a member of the Cross-boundary Authority for the offshore area of the State.
Paragraph (1)(b) does not apply to the Principal Northern Territory offshore area unless the Northern Territory has consented to the responsible Northern Territory Minister being a member of the Cross-boundary Authority for the Principal Northern Territory offshore area.
A Cross-boundary Authority for a State has, in relation to the offshore area for that State, the functions and powers that this Act or the regulations confer on a Cross-boundary Authority.
The Cross-boundary Authority for the Principal Northern Territory offshore area has, in relation to that offshore area, the functions and powers that this Act or the regulations confer on a Cross-boundary Authority.
A Cross-boundary Authority for a State or the Northern Territory may conduct its business:
at meetings of the Cross-boundary Authority; or
by written or other communication between the members of the Cross-boundary Authority.
A written communication under paragraph (1)(b) is not a legislative instrument.
Scope
This section applies to decisions to be made by a Cross-boundary Authority for a State or the Northern Territory on matters that are within the Cross-boundary Authority’s functions or powers.
Decision-making
The Cross-boundary Authority must not make:
a decision under section 291A to specify a condition in an original cross-boundary greenhouse gas assessment permit; or
a decision to give an offer document under section 307B; or
a decision to give an offer document under subsection 311B(3); or
a decision under section 320A to specify a condition in an original cross-boundary greenhouse gas holding lease; or
a decision to give an offer document under subsection 350B(3); or
a decision under section 358A to specify a condition in a cross-boundary greenhouse gas injection licence; or
a decision under subsection 439B(2) to extend the term of a cross-boundary greenhouse gas assessment permit or cross-boundary greenhouse gas holding lease; or
a decision under paragraph 439C(2)(b) to allow a longer period;
unless:
the responsible Commonwealth Minister; and
the responsible State Minister or the responsible Northern Territory Minister, as the case may be;
agree about the decision.
If:
the responsible Commonwealth Minister; and
the responsible State Minister or the responsible Northern Territory Minister, as the case may be;
disagree about a decision (other than a decision covered by subsection (2)), the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister’s decision has effect as the Cross-boundary Authority’s decision.
If:
the responsible Commonwealth Minister gives:
in the case of a State—the responsible State Minister; or
in the case of the Northern Territory—the responsible Northern Territory Minister;
written notice of a decision (other than a decision covered by subsection (2)) that the responsible Commonwealth Minister thinks should be made on a matter; and
30 days pass after the notice is given, and:
in the case of a State—the responsible State Minister has not told the responsible Commonwealth Minister what decision the responsible State Minister thinks should be made; or
in the case of the Northern Territory—the responsible Northern Territory Minister has not told the responsible Commonwealth Minister what decision the responsible Northern Territory Minister thinks should be made;
the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister’s decision has effect as the Cross-boundary Authority’s decision.
For the purposes of this Act, the opinion or state of mind of the Cross-boundary Authority for a State or the Northern Territory is:
if:
the responsible Commonwealth Minister; and
the responsible State Minister or the responsible Northern Territory Minister, as the case may be;
agree on the matter concerned—the opinion or state of mind of the 2 Ministers; or
if the 2 Ministers disagree—the opinion or state of mind of the responsible Commonwealth Minister.
The Titles Administrator must cause to be kept written records of the decisions of a Cross-boundary Authority.
A record kept under subsection (1) in relation to the Cross-boundary Authority for a State or the Northern Territory is prima facie evidence that the decision was duly made as recorded if the record is signed by a person who was a member of the Cross-boundary Authority at the time when the decision was made.
A record kept under subsection (1) is not a legislative instrument.
If a document is signed by the Titles Administrator on behalf of a Cross-boundary Authority, the document is taken to have been duly executed by the Cross-boundary Authority.
The document is taken to be in accordance with a decision of the Cross-boundary Authority unless the contrary is proved.
All communications to or by a Cross-boundary Authority are to be made through the Titles Administrator.
All courts must take judicial notice of:
the signature of a person who is, or has been:
a member of the Cross-boundary Authority for a State or the Northern Territory; or
a delegate of the Cross-boundary Authority for a State or the Northern Territory; and
the fact that the person is, or was at a particular time:
a member of the Cross-boundary Authority for that State or the Northern Territory, as the case may be; or
a delegate of the Cross-boundary Authority for that State or the Northern Territory, as the case may be.
Definition
In this section:
court includes a person authorised to receive evidence:
by a law of the Commonwealth, a State or a Territory; or
by consent of parties.
If this Act requires or allows a Cross-boundary Authority to:
execute or issue an instrument; or
give a notice; or
communicate a matter;
the Titles Administrator is to do so on behalf of the Cross-boundary Authority in accordance with a decision of the Cross-boundary Authority.
For the purposes of any proceedings:
an instrument that purports to be executed or issued by the Titles Administrator on behalf of the Cross-boundary Authority is taken to have been executed or issued in accordance with a decision of the Cross-boundary Authority; and
a notice that purports to be given by the Titles Administrator on behalf of the Cross-boundary Authority is taken to have been given in accordance with a decision of the Cross-boundary Authority; and
a communication that purports to be made by the Titles Administrator on behalf of the Cross-boundary Authority is taken to have been made in accordance with a decision of the Cross-boundary Authority;
unless the contrary is proved.
A Cross-boundary Authority for a State or the Northern Territory may, by written instrument, delegate any or all of the functions or powers of the Cross-boundary Authority under this Act or the regulations to 2 persons together, each of whom is one of the following:
an APS employee who is an SES employee or acting SES employee;
an employee of the relevant State, or of the Northern Territory, as the case requires.
Note: The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
A delegation under this section:
must specify one person as representing the responsible Commonwealth Minister; and
must specify the other person as representing the responsible State Minister or responsible Northern Territory Minister of the Cross-boundary Authority; and
must be signed by both members of the Cross-boundary Authority.
Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
If the Cross-boundary Authority delegates a function or power under this section, the delegation continues in force despite:
a vacancy in the office of responsible Commonwealth Minister; or
a change in the identity of the holder of the office of responsible Commonwealth Minister; or
a vacancy in the office of responsible State Minister or responsible Northern Territory Minister, as the case may be; or
a change in the identity of the holder of the office of responsible State Minister or responsible Northern Territory Minister, as the case may be.
(4) Despite subsection (3), a delegation under this section may be revoked by the Cross-boundary Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901.
If a delegation is made under this section, sections 76D and 76E do not apply to the delegates.
If the delegates are unable to agree on a matter requiring decision, they must refer the matter to the Cross-boundary Authority.
In the application to the delegates of a provision of this Act containing a reference to the opinion or state of mind of the Cross-boundary Authority, the reference is to be read as a reference to the opinion or state of mind of the 2 delegates of the Cross-boundary Authority unless they disagree.
A referral under subsection (6) is not a legislative instrument.
The following is a simplified outline of this Part:
• The general body of laws in force in a State or Territory applies, as laws of the Commonwealth, to:
petroleum exploration, exploitation and conveyance activities in the offshore area of that State or Territory; and
greenhouse gas injection and storage activities in the offshore area of that State or Territory.
• However, prescribed State or Northern Territory occupational health and safety laws do not apply, as laws of the Commonwealth, in relation to a facility located in the offshore area of that State or the Northern Territory.
For the purposes of this Part, laws include:
written laws; and
unwritten laws (for example, the common law); and
instruments having effect under laws.
The laws in force in a State or Territory (other than laws of the Commonwealth) apply, as provided by this section, as laws of the Commonwealth in the offshore area of that State or Territory as if that area were:
part of that State or Territory; and
part of the Commonwealth.
Note 1: See also sections 81 to 89.
Note 2: The offshore area of a State or Territory is defined by section 8.
(2) For the purposes of this Act, the provisions of laws applied under subsection (1) are to be known as the applied provisions.
Subsection (1) has effect subject to:
this Act; and
the regulations.
The laws referred to in subsection (1) apply in relation to acts, omissions, matters, circumstances and things touching, concerning, arising out of or connected with:
exploring the seabed or subsoil of the offshore area for petroleum, and exploiting the petroleum which occurs as a natural resource of that seabed or subsoil; or
the conveyance of petroleum (wherever recovered) across the offshore area; or
exploring the seabed or subsoil of the offshore area for a potential greenhouse gas storage formation or a potential greenhouse gas injection site; or
the injection of a greenhouse gas substance into the seabed or subsoil of the offshore area; or
the storage of a greenhouse gas substance in the seabed or subsoil of the offshore area; or
the conveyance of a greenhouse gas substance across the offshore area.
The laws referred to in subsection (1) apply:
to and in relation to:
an act or omission that takes place in, on, above, below or in the vicinity of; and
a matter, circumstance or thing that exists or arises in relation to or in connection with;
a vessel, aircraft, structure or installation, or equipment or other property, that is in the offshore area for any reason touching, concerning, arising out of or connected with:
exploring the seabed or subsoil of the offshore area for petroleum, or exploiting the petroleum which occurs as a natural resource of that seabed or subsoil; or
the conveyance of petroleum (wherever recovered) across the offshore area; or
exploring the seabed or subsoil of the offshore area for a potential greenhouse gas storage formation or a potential greenhouse gas injection site; or
the injection of a greenhouse gas substance into the seabed or subsoil of the offshore area; or
the storage of a greenhouse gas substance in the seabed or subsoil of the offshore area; or
the conveyance of a greenhouse gas substance across the offshore area; and
to and in relation to a person who:
is in the offshore area for a reason of the kind referred to in paragraph (a); or
is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the offshore area for a reason of the kind referred to in paragraph (a); and
to and in relation to a person in relation to:
the carrying on by the person of any operation; or
the doing by the person of any work;
in the offshore area for a reason of the kind referred to in paragraph (a).
Subsection (5) does not limit subsection (4).
For the purposes of this section, a law is taken to be a law in force in a State or Territory even though that law applies to part only of that State or Territory.
The regulations may provide that a law:
does not apply by reason of section 80 in an offshore area; or
applies by reason of section 80 in an offshore area with such modifications as are specified in the regulations.
(2) For the purposes of subsection (1), modifications includes additions, omissions and substitutions.
Regulations made for the purposes of subsection (1) may make provision for, and in relation to:
investing a court of a State with federal jurisdiction; or
conferring jurisdiction on a court of a Territory.
Section 80 does not give to the provisions of a law of a State or the Northern Territory an operation, as a law of the Commonwealth, that they would not have, as a law of the State or the Northern Territory, if it were assumed that the offshore area of the State or the Northern Territory were within the part of the scheduled area for the State or the Northern Territory that is on the landward side of the offshore area of the State or the Northern Territory.
Section 80 does not apply a law in so far as the law would be inconsistent with a law of the Commonwealth (including this Act).
(1) Section 80 does not apply laws that are substantive criminal laws, or laws of criminal investigation, procedure and evidence, within the meaning of Schedule 1 to the Crimes at Sea Act 2000.
(2) This Act does not detract from the operation of the Crimes at Sea Act 2000.
Section 80 does not operate so as to impose a tax.
Section 80 does not operate so as to appropriate any public money of a Territory.
Section 80 does not operate so as to confer the judicial power of the Commonwealth on a court, tribunal, authority or officer of a State or Territory.
Section 80 does not operate so as to confer on a court of a State or Territory a power that cannot, under the Constitution, be conferred by the Parliament on such a court.
State or Northern Territory OHS laws are not applied by section 80
(1) Section 80 of this Act, and Ashmore and Cartier Islands Acceptance Act 1933, do not apply a law in relation to:section 6 of the
a facility located in the offshore area of a State, the Northern Territory or the Territory of Ashmore and Cartier Islands; or
a person at such a facility; or
a person near such a facility, to the extent to which the person is affected by:
such a facility; or
activities that take place at such a facility; or
activities that take place at such a facility;
if the law is:
a law of that State or the Northern Territory; and
prescribed in the regulations.
Note: The offshore area of a State or Territory is defined by section 8.
A law prescribed under subsection (1) must be:
a law relating to occupational health and safety; or
a law relating to occupational health and safety and to other matters.
State or Northern Territory OHS laws do not apply of their own force
A law that is:
a law of a State or the Northern Territory; and
prescribed under subsection (1);
does not apply, by force of the law of that State or the Northern Territory, in relation to:
a facility located in the offshore area of that State or the Northern Territory; or
a person at such a facility; or
a person near such a facility, to the extent to which the person is affected by:
such a facility; or
activities that take place at such a facility; or
activities that take place at such a facility.
Note: The offshore area of a State or Territory is defined by section 8.
Substantive criminal provisions of State or Northern Territory OHS laws are not applied by Crimes at Sea Act 2000
(4) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, a law of a State or the Northern Territory that is:
referred to in those subclauses; and
prescribed in the regulations;
does not apply in relation to:
a facility located in the offshore area of that State, the Northern Territory or the Territory of Ashmore and Cartier Islands; or
a person at such a facility; or
a person near such a facility, to the extent to which the person is affected by:
such a facility; or
activities that take place at such a facility; or
activities that take place at such a facility;
whether or not that application is:
by force of the law of that State or the Northern Territory; or
(h) by force of Ashmore and Cartier Islands Acceptance Act 1933; orsection 6 of the
by force of subclause 2(2) of that Schedule.
Note: The offshore area of a State or Territory is defined by section 8.
A law prescribed under subsection (4) must be:
a law relating to occupational health and safety; or
a law relating to occupational health and safety and to other matters.
Substantive criminal provisions of State or Northern Territory listed OHS laws are not applied by Crimes at Sea Act 2000
(6) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, provisions of a State or Territory PSLA, or of regulations under a State or Territory PSLA, that substantially correspond to the listed OHS laws do not apply in relation to:
a facility located in the offshore area of that State, the Northern Territory or the Territory of Ashmore and Cartier Islands; or
a person at such a facility; or
a person near such a facility, to the extent to which the person is affected by:
such a facility; or
activities that take place at such a facility; or
activities that take place at such a facility;
whether or not that application is:
by force of the law of that State or the Northern Territory; or
(f) by force of Ashmore and Cartier Islands Acceptance Act 1933; orsection 6 of the
by force of subclause 2(2) of that Schedule.
Note: The offshore area of a State or Territory is defined by section 8.
Definitions
In this section:
facility has the same meaning as in Schedule 3.
law includes a part of a law.
State PSLA has the same meaning as in Part 6.9.
Territory PSLA has the same meaning as in Part 6.9.
Note: See also section 640, which deals with the application of Commonwealth maritime legislation in the offshore area of a State or Territory.
This Part does not limit the operation that a law has apart from this Part.
The courts of a State are invested with federal jurisdiction in all matters arising under the laws applied under section 80 in the offshore area of the State.
Note: The offshore area of a State is defined by section 8.
Jurisdiction is invested under subsection (1) within the limits (other than the limits of locality) of the jurisdiction of the court (whether those limits are limits as to subject matter or otherwise).
Jurisdiction is conferred on the courts that have jurisdiction in a Territory in all matters arising out of the laws applied under section 80 in the offshore area of the Territory.
Note: The offshore area of a Territory is defined by section 8.
Jurisdiction is conferred under subsection (1) within the limits (other than the limits of locality) of the jurisdiction of the court (whether those limits are limits as to subject matter or otherwise).
If:
a person or a court does an act in the purported exercise of a power, or the purported performance of a function, under a law of a State or Territory; and
the act could have been done by the person or court in the exercise of a power, or the performance of a function, under the applied provisions;
the act is taken to have been done in the exercise of the power, or performance of the function, under the applied provisions.
Note: Applied provisions is defined by section 7.
The following provisions have effect despite anything in this Part:
Division 2 of Part 1.2;
Chapters 2 to 9;
Schedule 5.
The following is a simplified outline of this Chapter:
• This Chapter provides for the grant of the following titles:
a petroleum exploration permit (see Part 2.2);
a petroleum retention lease (see Part 2.3);
a petroleum production licence (see Part 2.4);
an infrastructure licence (see Part 2.5);
a pipeline licence (see Part 2.6);
a petroleum special prospecting authority (see Part 2.7);
a petroleum access authority (see Part 2.8).
• A petroleum exploration permit authorises the permittee to explore for petroleum in the permit area.
• If a petroleum pool is identified in a petroleum exploration permit area, the Joint Authority may declare a location over the blocks to which the petroleum pool extends.
• After the declaration of a location, the permittee may apply for a petroleum retention lease or a petroleum production licence.
• A petroleum retention lease is granted if the recovery of petroleum is not currently commercially viable, but is likely to become commercially viable within 15 years. The lessee may apply for a petroleum production licence.
• A petroleum production licence authorises the licensee to carry out petroleum recovery operations in the licence area.
• An infrastructure licence authorises the licensee to construct and operate an infrastructure facility in the licence area. An infrastructure facility may relate to petroleum or a greenhouse gas substance.
• A pipeline licence authorises the licensee to construct and operate a pipeline. A pipeline may be used to convey petroleum or a greenhouse gas substance.
• A petroleum special prospecting authority authorises the holder to carry on petroleum exploration operations in the authority area (but not to make a well).
• A petroleum access authority authorises the holder to carry on certain petroleum exploration operations, and certain operations relating to the recovery of petroleum, in the authority area (but not to make a well).
• Part 2.9 provides for the grant of petroleum scientific investigation consents. A petroleum scientific investigation consent authorises the holder to carry on petroleum exploration operations in the course of a scientific investigation.
The following is a simplified outline of this Part:
• It is an offence to explore for petroleum in an offshore area except:
under a petroleum exploration permit; or
as otherwise authorised or required by or under this Act.
• This Part provides for the grant of petroleum exploration permits over blocks in an offshore area.
• A petroleum exploration permit authorises the permittee to explore for petroleum in the permit area.
• There are 4 types of petroleum exploration permits:
(a) a petroleum exploration permit granted on the basis of work program bidding (a work-bid petroleum exploration permit);
(b) a petroleum exploration permit granted on the basis of cash bidding (a cash-bid petroleum exploration permit);
(c) a petroleum exploration permit granted over a surrendered block or certain other blocks (a special petroleum exploration permit);
(d) a petroleum exploration permit granted as a result of a change in the boundary of the coastal waters of a State or Territory (a boundary-change petroleum exploration permit).
• If a petroleum pool is identified in a petroleum exploration permit area, the Joint Authority may declare a location over the blocks to which the petroleum pool extends.
A person commits an offence if:
the person explores for petroleum; and
the exploration occurs in an offshore area.
Penalty: Imprisonment for 5 years.
Subsection (1) does not apply to conduct that is:
authorised by a petroleum exploration permit; or
otherwise authorised or required by or under this Act.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.
A petroleum exploration permit authorises the permittee, in accordance with the conditions (if any) to which the permit is subject:
to explore for petroleum in the permit area; and
to recover petroleum on an appraisal basis in the permit area; and
to carry on such operations, and execute such works, in the permit area as are necessary for those purposes.
Express references in this Act to the injection or storage of a substance do not imply that subsection (1) does not operate so as to authorise the permittee:
to carry on operations to inject a substance into the seabed or subsoil of an offshore area; or
to carry on operations to store (whether on a permanent basis or otherwise) a substance in the seabed or subsoil of an offshore area.
The regulations may provide that a petroleum exploration permit authorises the permittee, in accordance with the conditions (if any) to which the permit is subject:
to explore in the permit area for a potential greenhouse gas storage formation; and
to explore in the permit area for a potential greenhouse gas injection site; and
to carry on such operations, and execute such works, in the permit area as are necessary for those purposes.
The rights conferred on the permittee by or under subsection (1) or (3) are subject to this Act and the regulations.
The Joint Authority may grant a petroleum exploration permit subject to whatever conditions the Joint Authority thinks appropriate.
Note: A grant of a permit may be a grant by way of renewal—see section 11.
The conditions (if any) must be specified in the permit.
Subsection (1) does not apply to a boundary-change petroleum exploration permit.
Permit to which Royalty Act applies
A petroleum exploration permit to which the Royalty Act applies is subject to a condition that the permittee will comply with the provisions of the Royalty Act.
Note: The Royalty Act applies to a small number of North West Shelf titles.
Despite subsection (2), the condition mentioned in subsection (3) does not need to be specified in the permit.
Work-bid petroleum exploration permits and special petroleum exploration permits
Any or all of the following conditions may be specified in a work-bid petroleum exploration permit or a special petroleum exploration permit:
conditions requiring the permittee to carry out work in, or in relation to, the permit area (including conditions requiring the permittee to carry out the work during a period of 12 months or longer, or during periods each of which is 12 months or longer);
conditions relating to the amounts that the permittee must spend in carrying out such work;
conditions requiring the permittee to comply with directions that:
relate to the matters covered by paragraphs (a) and (b); and
are given in accordance with the permit.
Subsection (5) does not limit subsection (1) or (10).
Cash-bid petroleum exploration permits
Despite subsection (1), a cash-bid petroleum exploration permit must not be granted subject to conditions requiring the permittee to:
carry out work in, or in relation to, the permit area; or
spend particular amounts on the carrying out of work in, or in relation to, the permit area.
Note: A grant of a permit may be a grant by way of renewal—see section 11.
Declared petroleum exploration permits—approval of key petroleum operations
A declared petroleum exploration permit is subject to the condition that the permittee will not carry on key petroleum operations under the permit unless the responsible Commonwealth Minister has approved the operations under section 100.
Despite subsection (2), the condition mentioned in subsection (8) does not need to be specified in the permit.
If, under section 100, the responsible Commonwealth Minister approves the carrying on of one or more key petroleum operations under a declared petroleum exploration permit, the responsible Commonwealth Minister may, by written notice given to the permittee, vary the permit by imposing one or more conditions to which the permit is subject.
A variation of a declared petroleum exploration permit under subsection (10) takes effect on the day on which notice of the variation is given to the permittee.
A condition imposed under subsection (10) may require the permittee to ensure that:
all wells; or
one or more specified wells;
made in the permit area by any person engaged or concerned in operations authorised by the permit are made in a manner, and to a standard, that will facilitate the plugging or closing off of the wells in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
Subsection (12) does not limit:
subsection (10); or
Part 6.2; or
Part 6.4.
If:
a declared petroleum exploration permit is subject to a condition; and
the condition was imposed under subsection (10);
the responsible Commonwealth Minister may, by written notice given to the permittee, vary or revoke the condition.
A variation of a declared petroleum exploration permit under subsection (14) takes effect on the day on which notice of the variation is given to the permittee.
Subsection (14) does not limit section 264.
Boundary-change petroleum exploration permits
The Joint Authority may, by written notice given to the permittee of a boundary-change petroleum exploration permit, vary the permit by imposing one or more conditions to which the permit is subject.
A notice under subsection (17) must be given within 14 days after the grant of the permit.
A variation under subsection (17) takes effect on the day on which notice of the variation is given to the permittee.
If:
the grant of a boundary-change petroleum exploration permit is consequential on a State/Territory petroleum exploration title ceasing to be in force as mentioned in paragraph 118A(2)(b) or (3)(b); and
the State/Territory petroleum exploration title is of a kind that corresponds to a work-bid petroleum exploration permit or a special petroleum exploration permit;
any or all of the conditions mentioned in subsection (21) of this section may be specified in:
the boundary-change petroleum exploration permit; or
a petroleum exploration permit granted under Division 5 by way of the renewal of the boundary-change petroleum exploration permit.
The following conditions are specified for the purposes of subsection (20):
conditions requiring the permittee to carry out work in, or in relation to, the permit area (including conditions requiring the permittee to carry out the work during a period of 12 months or longer, or during periods each of which is 12 months or longer);
conditions relating to the amounts that the permittee must spend in carrying out such work;
conditions requiring the permittee to comply with directions that:
relate to the matters covered by paragraphs (a) and (b); and
are given in accordance with the permit.
Subsection (20) does not limit subsection (10) or (17).
If:
the grant of a boundary-change petroleum exploration permit is consequential on a State/Territory petroleum exploration title ceasing to be in force as mentioned in paragraph 118A(2)(b) or (3)(b); and
the State/Territory petroleum exploration title is of a kind that corresponds to a cash-bid petroleum exploration permit;
the conditions mentioned in subsection (24) of this section must not be specified in:
the boundary-change petroleum exploration permit; or
a petroleum exploration permit granted under Division 5 by way of the renewal of the boundary-change petroleum exploration permit.
The following conditions are specified for the purposes of subsection (23):
conditions requiring the permittee to carry out work in, or in relation to, the permit area;
conditions requiring the permittee to spend particular amounts on the carrying out of work in, or in relation to, the permit area.
The registered holder of a declared petroleum exploration permit may apply to the responsible Commonwealth Minister for approval to carry on one or more key petroleum operations under the permit.
If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
give the approval; or
by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6) and (7).
The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key petroleum operations could have on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
an existing greenhouse gas assessment permit; or
an existing greenhouse gas holding lease; or
an existing greenhouse gas injection licence; or
if a greenhouse gas assessment permit or a greenhouse gas holding lease is in force over a block or blocks:
a future greenhouse gas holding lease over the block or any of the blocks; or
a future greenhouse gas injection licence over the block or any of the blocks.
If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
an existing greenhouse gas assessment permit held by a person other than the applicant; or
an existing greenhouse gas holding lease held by a person other than the applicant; or
an existing greenhouse gas injection licence held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence, as the case may be, has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and
if so—the terms of that agreement.
If:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that could be carried on under:
a future greenhouse gas holding lease over a block or blocks; or
a future greenhouse gas injection licence over a block or blocks; and
a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force over the block or any of the blocks; and
the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and
if so—the terms of that agreement.
The responsible Commonwealth Minister must have regard to the public interest.
Subsections (4), (5) and (6) do not limit subsection (7).
Subsections (4), (5), (6) and (7) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Responsible Commonwealth Minister must not give approval in certain circumstances
If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under an existing greenhouse gas injection licence, the responsible Commonwealth Minister must not give the approval unless the registered holder of the greenhouse gas injection licence has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
To avoid doubt, section 98 does not imply that a petroleum exploration permittee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
For the purposes of this section, disregard a suspension of rights under section 438.
If:
a post-commencement petroleum exploration permit is in force; and
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the permit will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
an existing greenhouse gas assessment permit; or
an existing greenhouse gas holding lease; or
an existing greenhouse gas injection licence; or
a future greenhouse gas assessment permit; or
a future greenhouse gas holding lease; or
a future greenhouse gas injection licence;
the responsible Commonwealth Minister may, by written notice given to the petroleum exploration permittee, determine that the petroleum exploration permit is a declared petroleum exploration permit for the purposes of this Act.
If:
a determination is in force under subsection (1) in relation to a post-commencement petroleum exploration permit; and
the responsible Commonwealth Minister is not satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the permit will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
an existing greenhouse gas assessment permit; or
an existing greenhouse gas holding lease; or
an existing greenhouse gas injection licence; or
a future greenhouse gas assessment permit; or
a future greenhouse gas holding lease; or
a future greenhouse gas injection licence;
the responsible Commonwealth Minister must, by written notice given to the petroleum exploration permittee, revoke the determination.
The duration of a petroleum exploration permit is worked out using the table:
Subsection (1) has effect subject to this Chapter.
Note 1: For a special rule about the extension of the duration of a petroleum exploration permit if the permittee applies for a petroleum retention lease or petroleum production licence, see section 103.
Note 2: For a special rule about the extension of the duration of petroleum exploration permits pending decisions on renewal applications, see subsection 119(5).
Note 3: For a special rule about the extension of the duration of cash-bid petroleum exploration permits, see section 114.
Note 4: For special rules about the extension of the duration of a petroleum exploration permit following a suspension decision, see sections 265 and 267.
Note 4A: For a special rule about the extension of the duration of a petroleum exploration permit pending a suspension decision, see section 265A.
Note 5: For the revocation of a petroleum exploration permit, see section 188 and clause 8 of Schedule 4.
Note 6: For special rules about when a petroleum exploration permit ceases to be in force following the grant of a petroleum retention lease or petroleum production licence, see sections 145 and 176.
Note 7: For the surrender of a petroleum exploration permit, see Part 2.12.
Note 8: For the cancellation of a petroleum exploration permit, see Part 2.13.
If:
a petroleum exploration permit over a block or blocks cannot be renewed or further renewed; and
before the time when the permit would, apart from this subsection, expire, the permittee applies to the Titles Administrator for the grant by the Joint Authority of a petroleum retention lease or petroleum production licence over the block or one or more of the blocks; and
the block or blocks covered by the application are included in a location;
the table has effect:
Subsection (1) has effect subject to this Chapter but despite section 102.
Note: See the notes at the end of section 102.
Invitation to apply for a petroleum exploration permit
(1) The Joint Authority may, by notice published in the Gazette:
invite applications for the grant by the Joint Authority of a petroleum exploration permit over the block, or any or all of the blocks, specified in the notice; and
specify a period within which applications may be made.
If the Joint Authority has published a notice under subsection 110(1) inviting applications for the grant of a petroleum exploration permit over a block, the block must not be specified in a notice under subsection (1) of this section at any time during the period specified in the subsection 110(1) notice.
Note: Subsection 110(1) deals with cash-bid petroleum exploration permits.
Application for petroleum exploration permit
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Joint Authority before the end of the period specified in the notice published under subsection (1).
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.
Maximum number of blocks
The number of blocks specified in an application under this section must not be more than 400.
Minimum number of blocks
If 16 or more blocks are available, the number of blocks specified in an application under this section must not be less than 16.
If less than 16 blocks are available, the number of blocks specified in an application under this section must be the number available.
Subsections (5) and (6) do not apply to applications if the Joint Authority, for reasons that the Joint Authority thinks sufficient, includes in the subsection (1) notice a direction that subsections (5) and (6) do not apply to those applications.
Attributes of blocks
The blocks specified in an application under this section must be blocks that are constituted by graticular sections that:
constitute a single area; and
are such that each graticular section in that area has a side in common with at least one other graticular section in that area.
Subsection (8) does not apply to applications if the Joint Authority, for reasons that the Joint Authority thinks sufficient, includes in the subsection (1) notice a direction that subsection (8) does not apply to those applications.
Scope
This section applies if an application for the grant of a petroleum exploration permit has been made under section 104.
Offer document
The Joint Authority may:
(a) give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant a petroleum exploration permit over the block or blocks specified in the offer document; or
by written notice given to the applicant, refuse to grant a petroleum exploration permit to the applicant.
Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).
In deciding whether to give the applicant an offer document, the Joint Authority:
must have regard to the matters specified in subsection (4); and
may have regard to any other matters the Joint Authority considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;
the matters specified in section 695YB as they apply to the applicant;
if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
Scope
This section applies if:
the Joint Authority publishes a notice under subsection 104(1) inviting applications for the grant of a petroleum exploration permit; and
at the end of the period specified in the notice, 2 or more applications have been made under section 104 for the grant of a petroleum exploration permit over the same block or blocks.
Most deserving applicant may be given offer document
The Joint Authority may give an offer document under section 105 to whichever applicant, in the Joint Authority’s opinion, is most deserving of the grant of the petroleum exploration permit.
In determining which of the applicants is most deserving of the grant of the petroleum exploration permit, the Joint Authority must have regard to criteria made publicly available by the Joint Authority.
Ranking of applicants
For the purposes of this section, the Joint Authority may rank the applicants in the order in which, in the Joint Authority’s opinion, they are deserving of the grant of the petroleum exploration permit, with the most deserving applicant being ranked highest.
The Joint Authority may exclude from the ranking any applicant who, in the Joint Authority’s opinion, is not deserving of the grant of the petroleum exploration permit.
Applicants who are equally deserving of the grant of the petroleum exploration permit
If the Joint Authority:
has considered the information accompanying the applications; and
is of the opinion that 2 or more of the applicants are equally deserving of the grant of the petroleum exploration permit;
the Joint Authority may, by written notice given to each of those applicants, invite them to give the Joint Authority details (the work/expenditure details) of their proposals for additional work and expenditure in relation to the block or blocks concerned.
A notice under subsection (6) must:
specify the kinds of work/expenditure details that the Joint Authority considers to be relevant in determining which of the applicants is most deserving of the grant of the petroleum exploration permit; and
specify the period within which the work/expenditure details must be given to the Joint Authority.
If an applicant gives work/expenditure details to the Joint Authority, and those details are:
of a kind specified in the notice; and
given within the period specified in the notice;
the Joint Authority must have regard to the details in determining which of the applicants is most deserving of the grant of the petroleum exploration permit.
Criteria
An instrument setting out criteria under subsection (3) is not a legislative instrument.
Note: See also section 109, which deals with the effect of the withdrawal or lapse of an application.
If:
an applicant has been given an offer document under section 105; and
the applicant has made a request under section 260 in relation to the offer document within the period applicable under that section;
the Joint Authority must grant the applicant a petroleum exploration permit over the block or blocks specified in the offer document.
Note: If the applicant does not make a request under section 260 within the period applicable under that section, the application lapses at the end of that period—see subsection 260(4).
Scope
This section applies if the Joint Authority publishes a notice under subsection 104(1) inviting applications for the grant of a petroleum exploration permit.
Withdrawal by single applicant
If a person has made an application, the person may, by written notice given to the Joint Authority, withdraw the application at any time before a petroleum exploration permit is granted as a result of the application.
Withdrawal by all joint applicants
If 2 or more persons have made a joint application, all of those persons may, by written notice given to the Joint Authority, withdraw the application at any time before a petroleum exploration permit is granted as a result of the application.
Withdrawal by one or more, but not all, joint applicants
If:
a joint application was made under section 104 for the grant of a petroleum exploration permit; and
all of the joint applicants, by written notice given to the Joint Authority, tell the Joint Authority that one or more, but not all, of them, as specified in the notice, withdraw from the application;
then:
the application continues in force as if it had been made by the remaining applicant or applicants; and
if the Joint Authority had given the joint applicants an offer document in relation to the application—the Joint Authority is taken not to have given the offer document to the joint applicants.
Scope
This section applies if:
2 or more applications have been made under section 104 for the grant of a petroleum exploration permit over the same block or blocks; and
one or more, but not all, of the applications are withdrawn or have lapsed.
Application is taken not to have been made
A withdrawn or lapsed application is taken not to have been made.
Offer document is taken not to have been given
If the Joint Authority gave an offer document in relation to a withdrawn or lapsed application, the Joint Authority is taken not to have given an offer document in relation to the withdrawn or lapsed application.
Request to grant petroleum exploration permit
If the applicant, or one of the applicants, whose application had been withdrawn had requested the Joint Authority under section 260 to grant a petroleum exploration permit to the applicant concerned, the request is taken not to have been made.
Refusal to grant petroleum exploration permit
If the following conditions are satisfied in relation to a remaining applicant:
the Joint Authority had refused to grant a petroleum exploration permit to the remaining applicant;
the Joint Authority did not exclude the remaining applicant from the ranking under subsection 106(5);
the refusal is taken not to have occurred.
Invitation to apply for a petroleum exploration permit
(1) The Joint Authority may, by notice published in the Gazette:
invite applications for the grant by the Joint Authority of a petroleum exploration permit by way of cash bidding over the block or blocks specified in the notice; and
specify a period within which applications may be made.
If the Joint Authority has published a notice under subsection 104(1) inviting applications for the grant of a petroleum exploration permit over a block, the block must not be specified in a notice under subsection (1) of this section at any time during the period specified in the subsection 104(1) notice.
Note: Subsection 104(1) deals with work-bid petroleum exploration permits.
A notice under subsection (1) must:
state whether the permit is able to be renewed; and
contain a summary of the conditions to which the permit will be subject; and
specify the matters that the Joint Authority will take into account in deciding under section 111 whether to invite the applicant to make a cash bid.
Reserve price
Before publishing a notice under subsection (1), the Joint Authority must, in writing, determine a reserve price for the grant of the permit.
A notice under subsection (1) may specify the reserve price so determined, but does not need to do so.
A determination under subsection (3A) is not a legislative instrument.
More than one block
If a notice under subsection (1) specifies more than one block, those blocks must be constituted by graticular sections that:
constitute a single area; and
are such that each graticular section in that area has a side in common with at least one other graticular section in that area.
Application for petroleum exploration permit
If a notice under subsection (1) specifies more than one block, an application under this section must be for a petroleum exploration permit over all of the specified blocks.
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Joint Authority before the end of the period specified in the notice published under subsection (1).
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.
Invitations to make a cash bid
For each application for a cash-bid petroleum exploration permit in accordance with a notice under subsection 110(1), the Joint Authority must by written notice to each applicant:
(a) invite the applicant (an eligible applicant) to make a cash bid for the grant of the permit within a period stated in the invitation; or
reject the application.
In making a decision under subsection 111(1), the Joint Authority:
must take into account:
the matters specified in the notice under paragraph 110(3)(c); and
the matters specified in subsection (1B); and
may take into account any other matters the Joint Authority considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;
the matters specified in section 695YB as they apply to the applicant;
if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
How to make a cash bid
An eligible applicant may make a single cash bid in response to the invitation under subsection (1) by written notice to the Joint Authority:
given within the period stated in the invitation; and
(b) specifying an amount (the cash bid) the applicant would be prepared to pay for the grant of a permit; and
accompanied by a deposit of 10% of the cash bid.
Note 1: A cash bid must be made in an approved manner (see section 255).
Note 2: The Joint Authority can only make an offer of the grant of a permit to an applicant at a price that is equal to or higher than the reserve price (see sections 112 and 112A). The reserve price may be specified in the notice under subsection 110(1), but it need not be (see subsection 110(3B)).
A deposit accompanying a notice under subsection (2) is taken to be paid to the Titles Administrator on behalf of the Commonwealth.
A notice under subsection (2) is taken to be accompanied by a deposit of 10% of the cash bid if the deposit is received by the Titles Administrator, on behalf of the Commonwealth, before the end of the period stated in the invitation.
Lapsed applications
If an eligible applicant does not respond to the invitation in accordance with subsection (2), the application lapses.
Scope
This section applies to an eligible applicant for the grant of a cash-bid petroleum exploration whose cash bid under section 111 is less than the reserve price determined under section 110 for the grant of the permit.
Note: The reserve price may be specified in the notice under subsection 110(1) in relation to the grant of the permit, but it need not be (see subsection 110(3B)).
Rejection of applications generally
The Joint Authority must reject the application by written notice to the applicant unless:
the reserve price is not specified in the notice under subsection 110(1); and
the applicant’s cash bid is:
the only cash bid, or the highest cash bid, for the grant of the permit that is less than the reserve price; or
equal to one or more other cash bids which are the only cash bids, or the highest cash bids, for the grant of the permit that are less than the reserve price.
Note: Applications to which paragraphs (a) and (b) apply may be rejected under subsection (3) of this section, or following the grant of the permit to another applicant under section 113. They may also lapse under section 260A if the applicant fails to respond to an offer made under subsection (3) of this section.
Offer of grant of permit at reserve price
The following table applies if:
the reserve price is not specified in the notice under subsection 110(1); and
the only cash bids for the grant of the permit made under section 111 are less than the reserve price.
Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If an applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document.
In considering whether to give an offer document to an applicant under subsection (3), the Joint Authority must have regard to the difference between the applicant’s cash bid and the reserve price.
Refund of deposit to rejected applicants
If the Joint Authority rejects an application under this section, the Titles Administrator, on behalf of the Commonwealth, must refund to the applicant an amount equal to the applicant’s deposit under section 111.
Scope
(1) This section applies in relation to a cash bid (a qualifying cash bid) under section 111 by an eligible applicant for the grant of a cash-bid petroleum exploration permit that is equal to or higher than the reserve price determined under section 110.
Issue of offer documents etc.
The following table sets out the circumstances in which the Joint Authority must give an offer document, or an invitation to make a tie-breaking cash bid, to an eligible applicant who makes a qualifying cash bid.
Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If an applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document.
Scope
This section applies if the Joint Authority, under section 112A, makes a tie-breaking invitation to 2 or more tied applicants for the grant of a cash-bid petroleum exploration permit.
Responses to the tie-breaking invitation
(2) Before the end of the period stated in the tie-breaking invitation, a tied applicant may, by written notice to the Joint Authority, make a further cash bid (a tie-breaking cash bid) higher than the applicant’s previous cash bid.
Note: A tie-breaking cash bid must be made in an approved manner (see section 255).
The following table sets out the process for dealing with responses (if any) to the tie-breaking invitation.
Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If an applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document.
If:
an applicant has been given an offer document under section 112, 112A or 112B; and
the applicant has made a request under section 260 in relation to the offer document within the period applicable under that section; and
the applicant has, within the applicable period under section 260, paid to the Titles Administrator, on behalf of the Commonwealth, the amount specified in the offer document as the balance of the permit price;
the Joint Authority must grant the applicant a petroleum exploration permit over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 260 within the period applicable under that section, the application lapses at the end of that period—see subsection 260(4).
Note 2: If the applicant has not paid the specified amount within the period applicable under section 261, the application lapses at the end of that period—see subsection 261(1).
If the Joint Authority grants a petroleum exploration permit to an applicant under subsection (1):
(a) the Joint Authority must reject all other applications for the permit (other than those that have already been rejected, or have lapsed), by written notice to each of those applicants (each rejected applicant); and
the Titles Administrator, on behalf of the Commonwealth, must refund to each rejected applicant an amount equal to the rejected applicant’s deposit under section 111.
Note 1: An application may have already been rejected under section 111 (if the applicant is not invited to make a cash bid) or 112 (if the applicant’s cash bid is less than the reserve price).
Note 2: An application may have already lapsed under section 111 (if the applicant fails to respond to a cash-bid invitation) or 260A (if the applicant fails to respond to an offer).
Scope
This section applies if:
a cash-bid petroleum exploration permit expires; and
the permit cannot be renewed.
Note: See section 120 (non-renewable permits) and section 121 (limit on renewal of permits).
Extension of permit—requirement to nominate blocks as location
If, before the expiry of the permit:
the Joint Authority had required the permittee to nominate, under section 130, a block or blocks in relation to which the permit was in force; and
the permittee had not complied with the requirement;
the permit continues in force over that block or those blocks until the end of the period the permittee has to comply with the requirement.
Extension of permit—nomination of blocks as location, declaration of location
If, before the expiry of the permit:
a block or blocks in relation to which the permit was in force had been nominated under section 129; or
both:
a declaration under section 131 had been made in relation to a block or blocks in relation to which the permit was in force; and
the permittee had not requested that the declaration be revoked;
the permit continues in force over that block or those blocks until whichever of the following events happens first:
a declaration under section 131 in relation to the block or blocks is revoked;
a petroleum retention lease or a petroleum production licence is granted in relation to the block or blocks;
the application period referred to in section 141 in relation to the block or blocks ends without the permittee making an application under that section for a petroleum retention lease in relation to the block or blocks;
if the Royalty Act does not apply to the permit—the application period referred to in section 169 in relation to the block or blocks ends without the permittee making an application under section 168 for a petroleum production licence over the block or blocks;
if the Royalty Act applies to the permit—the application period referred to in clause 3 of Schedule 4 in relation to the block or blocks ends without the permittee making an application under clause 2 of Schedule 4 for a petroleum production licence over the block or blocks.
This section has effect subject to this Chapter but despite section 102.
Note: See the notes at the end of section 102.
Invitation to apply for a petroleum exploration permit
If:
a petroleum retention lease is surrendered, cancelled or revoked to the extent to which it relates to a block or blocks; or
a petroleum production licence is surrendered or cancelled to the extent to which it relates to a block or blocks; or
a petroleum production licence that relates to a block or blocks is terminated; or
both:
a petroleum exploration permit is surrendered, cancelled or revoked to the extent to which it relates to a block or blocks; and
at the time of the surrender, cancellation or revocation, the block or blocks were, or were included in, a location;
the Joint Authority may, at any later time, by notice published in the Gazette:
invite applications for the grant by the Joint Authority of a petroleum exploration permit over that block or such of those blocks as are specified in the notice; and
specify a period within which applications may be made.
A notice under subsection (1) must state that an applicant must specify an amount that the applicant would be prepared to pay for the grant of the permit.
Application for petroleum exploration permit
If a notice under subsection (1) specifies more than one block, an application under this section must be for a petroleum exploration permit over all of the specified blocks.
An application under this section must:
be in the approved form; and
specify the amount that the applicant would be prepared to pay for the grant of the permit; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Joint Authority before the end of the period specified in the notice published under subsection (1).
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.
Deposit
An application under this section must be accompanied by a deposit of 10% of the amount that the applicant has specified under paragraph (4)(b).
An application under this section is taken to be accompanied by a deposit of 10% of the amount that the applicant has specified under paragraph (4)(b) if the deposit is received by the Titles Administrator, on behalf of the Commonwealth, before the end of the period specified in the notice published under subsection (1).
Refund of deposit
If the permit is not granted, the deposit must be refunded to the applicant.
Subsection (6) does not apply if:
the applicant has been given an offer document under section 116 or 117 in relation to the application; and
the applicant does not, under section 260, request the grant of the permit.
Scope
This section applies if:
the Joint Authority publishes a notice under subsection 115(1) inviting applications for the grant of a petroleum exploration permit over a block or blocks; and
at the end of the period specified in the notice, only one application has been made under section 115 in relation to the block or blocks.
Offer document
The Joint Authority may:
(a) give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant a petroleum exploration permit over that block or those blocks; or
by written notice given to the applicant, reject the application.
Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).
In deciding whether to give the applicant an offer document, the Joint Authority:
must have regard to the matters specified in subsection (4); and
may have regard to any other matters the Joint Authority considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;
the matters specified in section 695YB as they apply to the applicant;
if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
Scope
This section applies if:
the Joint Authority publishes a notice under subsection 115(1) inviting applications for the grant of a petroleum exploration permit over a block or blocks; and
at the end of the period specified in the notice, 2 or more applications have been made under section 115 in relation to the block or blocks.
Rejection of applications
The Joint Authority may reject any or all of the applications.
Unrejected applications
If the Joint Authority does not reject all of the applications, the table has effect:
In deciding whether to give an offer document to the person referred to in column 3 of the table in subsection (3), the Joint Authority:
must have regard to the matters specified in subsection (3B); and
may have regard to any other matters the Joint Authority considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the person are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;
the matters specified in section 695YB as they apply to the person;
if the person is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
An offer document given to an applicant must tell the applicant that the Joint Authority is prepared to grant the applicant a petroleum exploration permit over the block or blocks.
Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If an applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).
If:
an applicant is given an offer document under this section; and
the application lapses as provided by section 260 or 261; and
there are one or more remaining unrejected applications;
subsections (3) and (4) of this section apply in relation to the remaining unrejected applications.
Unsuccessful applications
If the Joint Authority does not give an offer document to an applicant, the Joint Authority must, by written notice given to the applicant, inform the applicant that the application was unsuccessful.
If:
an applicant has been given an offer document under section 116 or 117; and
the applicant has made a request under section 260 in relation to the offer document within the period applicable under that section; and
the applicant has paid the specified balance within the period applicable under section 261;
the Joint Authority must grant the applicant a petroleum exploration permit over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 260 within the period applicable under that section, the application lapses at the end of that period—see subsection 260(4).
Note 2: If the applicant has not paid the specified balance within the period applicable under section 261, the application lapses at the end of that period—see subsection 261(2).
(2) For the purposes of this section, the specified balance is the balance specified in the offer document as the balance of the amount that the applicant must pay for the grant of the petroleum exploration permit.
Scope
This section applies if:
(a) a State/Territory petroleum exploration title has been granted by a State or the Northern Territory on the basis that an area (the relevant area) is within the coastal waters of the State or Territory; and
as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:
ceases to be within the coastal waters of the State or Territory; and
falls within the offshore area of the State or Territory; and
either:
the conditions set out in subsection (2) are satisfied; or
the conditions set out in subsection (3) are satisfied.
The conditions mentioned in subparagraph (1)(c)(i) are:
one or more, but not all, of the section 33 blocks that were covered by the State/Territory petroleum exploration title immediately before the change are in the relevant area; and
(b) the title subsequently ceases to be in force at the same time (the relevant time):
as to all of the section 33 blocks that were covered by the title immediately before the change and that are in the coastal waters of the State or Territory; and
otherwise than as the result of the cancellation or surrender of the title.
The conditions mentioned in subparagraph (1)(c)(ii) are:
all of the section 33 blocks that were covered by the State/Territory petroleum exploration title immediately before the change are in the relevant area; and
(b) the title subsequently ceases to be in force at the same time (the relevant time):
as to all of the section 33 blocks that were covered by the title immediately before the change; and
otherwise than as the result of the cancellation or surrender of the title.
Grant of permit where titleholder entitled to apply for renewal of the State/Territory petroleum exploration title
If:
assuming that:
the change to the boundary of the coastal waters of the State or Territory had not occurred; and
the relevant area had remained in the coastal waters of the State or Territory;
the holder of the State/Territory petroleum exploration title would have been entitled to apply under a State PSLA or Territory PSLA for the renewal of the title in relation to all of the section 33 blocks that are:
covered by the title; and
in the relevant area; and
(b) there are one or more relevant section 33 blocks) that:section 33 blocks (the
correspond to the section 33 blocks covered by paragraph (a); and
are in the offshore area of the State or Territory; and
are not the subject of a variation under section 267A;
the Joint Authority is taken:
to have granted the holder a petroleum exploration permit over those relevant section 33 blocks; and
to have done so immediately after the relevant time mentioned in whichever of subsection (2) or (3) is applicable.
Note: For the duration of the petroleum exploration permit, see item 3 of the table in subsection 102(1).
Grant of permit where titleholder not entitled to apply for renewal of the State/Territory petroleum exploration title
If:
assuming that:
the change to the boundary of the coastal waters of the State or Territory had not occurred; and
the relevant area had remained in the coastal waters of the State or Territory;
the holder of the State/Territory petroleum exploration title would not have been entitled to apply under a State PSLA or Territory PSLA for the renewal of the title in relation to all of the section 33 blocks that are:
covered by the title; and
in the relevant area; and
(b) there are one or more relevant section 33 blocks) that:section 33 blocks (the
correspond to the section 33 blocks that were covered by the State/Territory petroleum exploration title immediately before the change; and
are in the offshore area of the State or Territory; and
are not the subject of a variation under section 267A;
the Joint Authority is taken:
to have granted the holder a petroleum exploration permit over those relevant section 33 blocks; and
to have done so immediately after the relevant time mentioned in whichever of subsection (2) or (3) is applicable.
Note: For the duration of the petroleum exploration permit, see item 4 of the table in subsection 102(1).
Certain provisions to be disregarded
For the purposes of subsections (4) and (5), disregard any of the following provisions of a State PSLA or Territory PSLA:
standard halving rules;
modified halving rules;
a provision of a kind specified in the regulations.
Deemed section 33 block
If, after the change to the boundary of the coastal waters of the State or Territory:
a part of a section 33 block that was covered by the State/Territory petroleum exploration title immediately before the change is in the coastal waters of the State or Territory; and
the remaining part of the section 33 block is in the offshore area of the State or Territory;
then, for the purposes of this section (other than this subsection), each of those parts is taken to constitute, and to have always constituted, a section 33 block.
An assumption in paragraph (4)(a) or (5)(a) does not affect subsection (7).
Definitions
In this section:
section 33 block means:
a block constituted as provided by section 33; or
if a graticular section is wholly within the area that was covered by the State/Territory petroleum exploration title—the graticular section; or
if a part only of a graticular section is within the area that was covered by the State/Territory petroleum exploration title—that part of the graticular section.
Note: See also subsection (7).
State PSLA has the same meaning as in Part 6.9.
Territory PSLA has the same meaning as in Part 6.9.
A petroleum exploration permittee may apply to the Titles Administrator for the renewal by the Joint Authority of the permit in relation to such of the blocks the subject of the permit as are specified in the application.
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Subsection (1) has effect subject to the following provisions:
section 120 (non-renewable cash-bid petroleum exploration permits);
section 121 (limit on renewal of cash-bid petroleum exploration permits);
section 122 (limits on renewal of work-bid petroleum exploration permits and special petroleum exploration permits);
section 122A (limits on renewal of boundary-change petroleum exploration permits);
section 123 (standard halving rules);
section 124 (modified halving rules).
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the expiry date of the permit.
For the purposes of subsection (2B), disregard the effect of subsection (5).
An application to renew a petroleum exploration permit must be made at least 90 days before the expiry date of the permit.
Despite subsection (3), the Titles Administrator may accept an application to renew a petroleum exploration permit if the application is made:
later than 90 days before the expiry date of the permit; and
before the expiry date of the permit.
Extension of duration of petroleum exploration permit pending decision on application
If:
a petroleum exploration permittee makes an application to renew the permit; and
the permit would, apart from this subsection, expire:
before the Joint Authority grants, or refuses to grant, the renewal of the permit; or
before the application lapses as provided by section 260;
the permit continues in force:
until the Joint Authority grants, or refuses to grant, the renewal of the permit; or
until the application so lapses;
whichever happens first.
Subsection (5) has effect subject to this Chapter but despite section 102.
Note: See the notes at the end of section 102.
A petroleum exploration permittee must not apply to renew a cash-bid petroleum exploration permit if the notice under subsection 110(1) relating to the grant of the permit stated that the permit was not able to be renewed.
A petroleum exploration permittee must not apply to renew a cash-bid petroleum exploration permit if the Joint Authority has previously granted a renewal of the permit.
Scope
This section applies to an application for renewal of a work-bid petroleum exploration permit or a special petroleum exploration permit.
Limits
The table has effect:
Note: Under clause 23 of Schedule 6 to this Act, the reference in item 1 of the table to subsection 104(1) of this Act includes a reference to subsection 20(1) of the Petroleum (Submerged Lands) Act 1967.
Despite subsection (2):
the standard halving rules in section 123; and
the modified halving rules in section 124;
do not apply to an application for renewal of a petroleum exploration permit if:
(c) the permit was granted on the basis that an area (the relevant area) was within the offshore area of a State or the Northern Territory; and
as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:
ceased to be within the offshore area of the State or Territory; and
fell within the coastal waters of the State or Territory; and
immediately before the change, the relevant area was a part of the permit area.
For the purposes of subsection (3):
disregard section 283; and
it is immaterial whether the change occurred before, at or after the commencement of this subsection.
If:
the grant of a boundary-change petroleum exploration permit under subsection 118A(4) is consequential on a State/Territory petroleum exploration title ceasing to be in force as mentioned in paragraph 118A(2)(b) or (3)(b); and
the State/Territory petroleum exploration title was granted otherwise than by way of renewal;
then:
the standard halving rules in section 123 apply to an application for the renewal of the permit mentioned in paragraph (a); and
an application must not be made for the renewal of the permit if the Joint Authority has previously granted a renewal of the permit mentioned in paragraph (a).
If:
the grant of a boundary-change petroleum exploration permit under subsection 118A(4) is consequential on a State/Territory petroleum exploration title ceasing to be in force as mentioned in paragraph 118A(2)(b) or (3)(b); and
the State/Territory petroleum exploration title was granted by way of renewal;
an application must not be made for the renewal of the permit mentioned in paragraph (a).
If a boundary-change petroleum exploration permit was granted under subsection 118A(5), an application must not be made for the renewal of the permit.
This section sets out the standard halving rules.
Scope
This section applies to:
an application for renewal of a cash-bid petroleum exploration permit that is capable of being renewed; and
an application for renewal that is covered by item 1, 2 or 4 of the table in subsection 122(2); and
an application for renewal that is covered by paragraph 122A(1)(c).
Subsection (2) has effect subject to subsection 122(3).
Basic rule
The maximum number of blocks in relation to which an application for a renewal of a permit may be made is worked out using the table:
Subsection (3) has effect subject to subsections (5), (6), (7), (8) and (9).
Additional rules
An application to renew a permit may include, in addition to the blocks worked out under subsection (3):
a block that is, or is included in, a location and in relation to which the permit is in force; or
2 or more blocks covered by paragraph (a).
An application cannot be made to renew a permit in relation to only one block.
If a permit is in force in relation to 5 or 6 blocks, an application may be made to renew the permit in relation to 4 of those blocks.
If a permit is in force in relation to 2, 3 or 4 blocks, an application may be made to renew the permit in relation to all those blocks.
If a permit is renewed as a result of an application referred to in subsection (8), an application may not be made for the further renewal of the permit.
Definition
In this section:
non-location block means a block that is neither a location nor included in a location.
This section sets out the modified halving rules.
Scope
This section applies to an application for renewal that is covered by item 3 of the table in subsection 122(2).
Subsection (2) has effect subject to subsection 122(3).
Modification of standard halving rules
The modified halving rules are the rules set out in subsections 123(3), (4), (5), (7), (8), (9) and (10), modified as follows:
if the maximum number of blocks in relation to which an application for renewal of a permit may be made in accordance with those rules is less than 16, the Joint Authority may, by written notice given to the permittee:
tell the permittee that the number of blocks in relation to which the application may be made is such number, not more than 16, as is specified in the notice; and
give such directions as the Joint Authority thinks fit about the blocks in relation to which the application may be made;
if a permit is in force in relation to only one block, an application may be made for renewal of the permit in relation to that block.
Scope
This section applies if an application to renew a petroleum exploration permit has been made under section 119.
Offer document—compliance with conditions etc.
If:
each of the following has been complied with:
the conditions to which the petroleum exploration permit is, or has from time to time been, subject;
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1;
the regulations; and
the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and
the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;
the Joint Authority must give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to renew the permit.
Offer document—non-compliance with conditions etc.
Note: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
If:
any of:
the conditions to which the petroleum exploration permit is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; or
the provisions of the regulations;
have not been complied with; and
the Joint Authority is satisfied that there are sufficient grounds to warrant the granting of the renewal of the permit;
the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to renew the permit.
Note: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Without limiting paragraph (3)(b), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the permit, the Joint Authority must have regard to:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and
any other matters prescribed by the regulations.
Scope
This section applies if an application to renew a petroleum exploration permit has been made under section 119.
Refusal on grounds of non-compliance with conditions
If:
any of:
the conditions to which the petroleum exploration permit is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; or
the provisions of the regulations;
have not been complied with; and
the Joint Authority is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the permit;
the Joint Authority must, by written notice given to the applicant, refuse to renew the permit.
Refusal on other grounds
Note: Consultation procedures apply—see section 262.
The Joint Authority must, by written notice given to the applicant, refuse to renew the permit if the Joint Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit.
Note: Consultation procedures apply—see section 262.
The Joint Authority may, by written notice given to the applicant, refuse to renew the permit if the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations.
Note: Consultation procedures apply—see section 262.
If:
an applicant has been given an offer document under section 125; and
the applicant has made a request under section 260 in relation to the offer document within the period applicable under that section;
the Joint Authority must renew the petroleum exploration permit.
Note: If the applicant does not make a request under section 260 within the period applicable under that section, the application lapses at the end of that period—see subsection 260(4).
The following is a simplified outline of this Division:
• If a petroleum pool is identified in a petroleum exploration permit area, the Joint Authority may declare a location over the blocks to which the petroleum pool extends.
• Generally, the blocks must be nominated for declaration by the permittee.
• The Joint Authority may require the permittee to nominate the blocks.
• The declaration may be revoked or varied in certain circumstances.
Single petroleum pool
If:
a petroleum pool is identified in a petroleum exploration permit area; and
the permittee or another person has, whether in or outside the permit area, recovered petroleum from the pool;
the permittee may nominate, for declaration as a location:
if the pool extends to only one block in the permit area—that block; or
if the pool extends to 2 or more blocks in the permit area—those blocks.
2 or more petroleum pools
If:
2 or more petroleum pools are identified in a petroleum exploration permit area; and
the permittee or another person has, whether in or outside the permit area, recovered petroleum from each of those pools;
the permittee may, instead of making a nomination under subsection (1) in relation to each pool, nominate for declaration as a single location:
all of the blocks to which the pools extend; or
all of the blocks to which any 2 or more of the pools extend.
To be effective, a nomination under subsection (2) that relates to 2 or more pools must be such that, in the case of each of the pools, at least one of the blocks to which the pool extends immediately adjoins a block to which the other, or another, of those pools extends.
For the purposes of subsection (3), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:
have a side in common; or
are joined together at one point only.
Form of nomination
A nomination under this section must be:
in writing; and
given to the Joint Authority.
Requirement to nominate
If:
the Joint Authority is of the opinion that a petroleum exploration permittee is entitled to nominate a block or blocks under subsection 129(1) or (2); and
the permittee has not done so;
the Joint Authority may, by written notice given to the permittee, require the permittee to nominate the block or blocks within:
90 days after the day on which the notice was given; or
such longer period, not more than 180 days after the day on which the notice was given, as the Joint Authority allows.
The Joint Authority may allow a longer period under paragraph (1)(d) only on written application made by the permittee within the period of 90 days mentioned in paragraph (1)(c).
Consequences of non-compliance
If the permittee does not comply with the requirement, the Joint Authority may, by written notice given to the permittee, nominate the block or blocks for declaration as a location.
Nomination by permittee
If:
a petroleum exploration permittee has made a nomination under section 129; and
the Joint Authority is of the opinion that the permittee is entitled under that section to nominate the block or blocks specified in the nomination;
the Joint Authority must, by writing, declare the nominated block or blocks to be a location.
(2) A copy of a declaration under subsection (1) must be published in the Gazette.
The Joint Authority may form an opinion for the purposes of this section if the Joint Authority considers that there are reasonable grounds for doing so having regard to any information the Joint Authority has, whether given by the permittee or otherwise.
Nomination by Joint Authority
(4) If the Joint Authority has made a nomination under Gazette, declare the nominated block or blocks to be a location.section 130, the Joint Authority must, by notice published in the
Deemed declaration—area ceases to be within the coastal waters of a State or Territory
If:
a boundary-change petroleum exploration permit is granted over one or more section 33 blocks; and
immediately before the grant, those section 33 blocks were, or were part of, a location within the meaning of a State PSLA or Territory PSLA; and
apart from this subsection, those section 33 blocks are not, and are not part of, a location within the meaning of this Act;
the Joint Authority is taken:
to have declared those section 33 blocks to be a location; and
to have done so immediately after the grant.
If:
a petroleum exploration permit is varied under section 267A so as to include in the permit area one or more section 33 blocks; and
immediately before the variation, those section 33 blocks were, or were part of, a location within the meaning of a State PSLA or Territory PSLA; and
apart from this subsection, those section 33 blocks are not, and are not part of, a location within the meaning of this Act;
the Joint Authority is taken:
to have declared those section 33 blocks to be a location; and
to have done so immediately after the variation.
Definitions
In this section:
section 33 block means:
a block constituted as provided by section 33; or
if a graticular section is wholly within the area that was covered by the State/Territory petroleum exploration title—the graticular section; or
if a part only of a graticular section is within the area that was covered by the State/Territory petroleum exploration title—that part of the graticular section.
State PSLA has the same meaning as in Part 6.9.
Territory PSLA has the same meaning as in Part 6.9.
Revocation at the request of a petroleum exploration permittee
If:
a petroleum exploration permit is in force over a block that constitutes, or the blocks that constitute, a location; and
the permittee requests the Joint Authority to revoke the declaration of the location;
the Joint Authority may, by writing, revoke the declaration of the location.
(2) A copy of a revocation under subsection (1) is to be published in the Gazette.
Revocation where block is no longer the subject of a petroleum exploration permit or a petroleum retention lease
If:
a block or blocks constituting or forming part of a location was or were the subject of a petroleum exploration permit or a petroleum retention lease; and
that block is, or those blocks are, no longer the subject of the permit or lease;
the Joint Authority must, by notice published in the Gazette:
in a case where that block constitutes, or those blocks constitute, that location—revoke the declaration of that location; or
in a case where that block forms, or those blocks form, part of that location—revoke the declaration of that location to the extent to which the declaration relates to that block or those blocks.
Subsection (3) does not apply in relation to a block if:
a person has applied for the grant of a petroleum production licence over the block, and the Joint Authority has not made a decision in relation to the application; or
a petroleum production licence is in force in relation to the block.
Subsection (3) does not apply in relation to a block if:
a person has applied for the grant of a petroleum retention lease over the block, and the Joint Authority has not made a decision in relation to the application; or
a petroleum retention lease is in force in relation to the block.
Revocation if petroleum retention lease refused
If:
the Joint Authority refuses to grant a petroleum retention lease in relation to a block or blocks constituting a location; and
the reason, or one of the reasons, for the refusal is that:
the Joint Authority is not satisfied as to the matter referred to in subparagraph 142(b)(i); or
the Joint Authority is not satisfied as to the matter referred to in subparagraph 142(b)(iii);
the Joint Authority must, by notice published in the Gazette, revoke the declaration of that location.
Note: For the grounds for granting a petroleum retention lease, see section 142.
If:
the Joint Authority refuses to grant a petroleum retention lease in relation to a block or blocks forming part of a location; and
the reason, or one of the reasons, for the refusal is that:
the Joint Authority is not satisfied as to the matter referred to in subparagraph 142(b)(i); or
the Joint Authority is not satisfied as to the matter referred to in subparagraph 142(b)(iii);
the Joint Authority must, by notice published in the Gazette, revoke the declaration of the location to the extent to which the declaration relates to:
if subparagraph (b)(i) of this subsection applies—the block or blocks in relation to which the Joint Authority is not satisfied as to the matter referred to in subparagraph 142(b)(i); or
if subparagraph (b)(ii) of this subsection applies—the block or blocks in relation to which the Joint Authority is not satisfied as to the matter referred to in subparagraph 142(b)(iii).
Note: For the grounds for granting a petroleum retention lease, see section 142.
Revocation if petroleum production licence granted
If:
an application for the grant of a petroleum production licence has been made under:
section 168 or 170; or
clause 2 or 4 of Schedule 4; and
the application specifies 2 or more blocks; and
a petroleum production licence is granted in respect of:
only one of the blocks; or
some, but not all, of the blocks; and
the remaining block or blocks form part of a location; and
the Joint Authority refuses to grant a petroleum production licence in relation to the remaining block or blocks; and
the reason for the refusal is that the Joint Authority is not satisfied that the area comprised in any one or more of the remaining block or blocks contains petroleum;
the Joint Authority must, by notice published in the Gazette, revoke the declaration of the location to the extent to which the declaration relates to the block or blocks covered by paragraph (f).
Revocation if petroleum production licence refused
Note 1: Section 168 and clause 2 of Schedule 4 deal with applications by permittees.
Note 2: Section 170 and clause 4 of Schedule 4 deal with applications by lessees.
If:
an application for the grant of a petroleum production licence has been made under:
section 168 or 170; or
clause 2 or 4 of Schedule 4; and
the application specifies a block or blocks; and
the Joint Authority refuses to grant a petroleum production licence in relation to the block or blocks; and
the reason for the refusal is that the Joint Authority is not satisfied that the area comprised in the block or blocks contains petroleum; and
the block or blocks constitute or form part of a location;
the Joint Authority must, by notice published in the Gazette:
in a case where the block constitutes, or the blocks constitute, the location—revoke the declaration of the location; or
in a case where the block forms, or the blocks form, part of the location—revoke the declaration of the location to the extent to which the declaration relates to the block or blocks.
If a petroleum exploration permit is in force over a block that constitutes, or blocks that constitute, a location, the Joint Authority may, by writing, vary the declaration of the location:
by adding to the location a block:
that is in the permit area; and
to which, in the opinion of the Joint Authority, a petroleum pool within the location extends; or
by deleting from the location a block to which, in the opinion of the Joint Authority, no petroleum pool within the location extends.
(2) A copy of a variation under subsection (1) is to be published in the Gazette.
The Joint Authority may vary a declaration only if:
the permittee requests the variation; or
all of the following conditions are satisfied:
the Joint Authority gives the permittee written notice of the proposed variation, identifying the block to be added to, or deleted from, the location;
the notice invites the permittee to give the Joint Authority a submission about the proposed variation;
the notice specifies a time limit for making the submission;
the Joint Authority has considered any submission made in accordance with the notice.
The time limit must be at least 30 days after the notice is given.
The Joint Authority may form an opinion for the purposes of this section if the Joint Authority considers that there are reasonable grounds for doing so having regard to any information the Joint Authority has, whether given by the permittee or otherwise.
The following is a simplified outline of this Part:
• This Part provides for the grant of petroleum retention leases over blocks in an offshore area.
• A petroleum retention lease authorises the lessee to explore for petroleum in the lease area.
• A petroleum retention lease over a block may be granted to:
the holder of a petroleum exploration permit over the block; or
the holder of a life-of-field petroleum production licence over the block.
• The criteria for granting a petroleum retention lease over a block are:
the block contains petroleum; and
the recovery of petroleum is not currently commercially viable, but is likely to become commercially viable within 15 years.
• A petroleum retention lease may be obtained as a result of a change to the boundary of the coastal waters of a State or Territory.
A petroleum retention lease authorises the lessee, in accordance with the conditions (if any) to which the lease is subject:
to explore for petroleum in the lease area; and
to recover petroleum on an appraisal basis in the lease area; and
to carry on such operations, and execute such works, in the lease area as are necessary for those purposes.
Express references in this Act to the injection or storage of a substance do not imply that subsection (1) does not operate so as to authorise the lessee:
to carry on operations to inject a substance into the seabed or subsoil of an offshore area; or
to carry on operations to store (whether on a permanent basis or otherwise) a substance in the seabed or subsoil of an offshore area.
The regulations may provide that a petroleum retention lease authorises the lessee, in accordance with the conditions (if any) to which the lease is subject:
to explore in the lease area for a potential greenhouse gas storage formation; and
to explore in the lease area for a potential greenhouse gas injection site; and
to carry on such operations, and execute such works, in the lease area as are necessary for those purposes.
The rights conferred on the lessee by or under subsection (1) or (3) are subject to this Act and the regulations.
The Joint Authority may grant a petroleum retention lease subject to whatever conditions the Joint Authority thinks appropriate.
The conditions (if any) must be specified in the lease.
Subsection (1) does not apply to a petroleum retention lease granted under section 152A.
Lease to which Royalty Act applies
A petroleum retention lease to which the Royalty Act applies is subject to a condition that the lessee will comply with the provisions of the Royalty Act.
Note: The Royalty Act applies to a small number of North West Shelf titles.
Despite subsection (2), the condition mentioned in subsection (3) does not need to be specified in the lease.
Re-evaluation of commercial viability
A petroleum retention lease is subject to a condition that if the Titles Administrator gives the lessee a written notice requesting the lessee to:
re-evaluate the commercial viability of petroleum production in the lease area (otherwise than by the drilling of wells); and
inform the Titles Administrator in writing of the results of the re-evaluation;
the lessee must comply with the request within:
the period of 90 days after the notice is given; or
such longer period as the Titles Administrator allows.
The Titles Administrator may allow a longer period under paragraph (5)(d) only on written application made by the lessee within the period of 90 days mentioned in paragraph (5)(c).
If a petroleum retention lessee has complied with a subsection (5) request during the term of the lease, the Titles Administrator must not give the lessee a further subsection (5) request during that term.
Despite subsection (2), the condition mentioned in subsection (5) does not need to be specified in the lease.
Work to be carried out by lessee
Any or all of the following conditions may be specified in a petroleum retention lease:
conditions requiring the lessee to carry out work in, or in relation to, the lease area;
conditions about the amounts that the lessee must spend in carrying out such work;
conditions requiring the lessee to comply with directions that:
relate to the matters covered by paragraphs (a) and (b);
are given in accordance with the lease.
Subsection (9) does not limit subsection (1), (13) or (20).
Declared petroleum retention leases—approval of key petroleum operations
A declared petroleum retention lease is subject to the condition that the lessee will not carry on key petroleum operations under the lease unless the responsible Commonwealth Minister has approved the operations under section 137.
Despite subsection (2), the condition mentioned in subsection (11) does not need to be specified in the lease.
If, under section 137, the responsible Commonwealth Minister approves the carrying on of one or more key petroleum operations under a declared petroleum retention lease, the responsible Commonwealth Minister may, by written notice given to the lessee, vary the lease by imposing one or more conditions to which the lease is subject.
A variation of a declared petroleum retention lease under subsection (13) takes effect on the day on which notice of the variation is given to the lessee.
A condition imposed under subsection (13) may require the lessee to ensure that:
all wells; or
one or more specified wells;
made in the lease area by any person engaged or concerned in operations authorised by the lease are made in a manner, and to a standard, that will facilitate the plugging or closing off of the wells in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
Subsection (15) does not limit:
subsection (13); or
Part 6.2; or
Part 6.4.
If:
a declared petroleum retention lease is subject to a condition; and
the condition was imposed under subsection (13);
the responsible Commonwealth Minister may, by written notice given to the lessee, vary or revoke the condition.
A variation of a declared petroleum retention lease under subsection (17) takes effect on the day on which notice of the variation is given to the lessee.
Subsection (18) does not limit section 264.
Petroleum retention leases obtained as a result of a change to the boundary of the coastal waters of a State or Territory
The Joint Authority may, by written notice given to the lessee of a petroleum retention lease granted under section 152A, vary the lease by imposing one or more conditions to which the lease is subject.
A notice under subsection (20) must be given within 14 days after the grant of the lease.
A variation under subsection (20) takes effect on the day on which notice of the variation is given to the lessee.
The registered holder of a declared petroleum retention lease may apply to the responsible Commonwealth Minister for approval to carry on one or more key petroleum operations under the lease.
If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
give the approval; or
by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6) and (7).
The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key petroleum operations could have on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
an existing greenhouse gas assessment permit; or
an existing greenhouse gas holding lease; or
an existing greenhouse gas injection licence; or
if a greenhouse gas assessment permit or a greenhouse gas holding lease is in force over a block or blocks:
a future greenhouse gas holding lease over the block or any of the blocks; or
a future greenhouse gas injection licence over the block or any of the blocks.
If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
an existing greenhouse gas assessment permit held by a person other than the applicant; or
an existing greenhouse gas holding lease held by a person other than the applicant; or
an existing greenhouse gas injection licence held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence, as the case may be, has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and
if so—the terms of that agreement.
If:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that could be carried on under:
a future greenhouse gas holding lease over a block or blocks; or
a future greenhouse gas injection licence over a block or blocks; and
a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force over the block or any of the blocks; and
the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and
if so—the terms of that agreement.
The responsible Commonwealth Minister must have regard to the public interest.
Subsections (4), (5) and (6) do not limit subsection (7).
Subsections (4), (5), (6) and (7) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Responsible Commonwealth Minister must not give approval in certain circumstances
If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under an existing greenhouse gas injection licence, the responsible Commonwealth Minister must not give the approval unless the registered holder of the greenhouse gas injection licence has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
To avoid doubt, section 135 does not imply that a petroleum retention lessee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
For the purposes of this section, disregard a suspension of rights under section 438.
If:
a post-commencement petroleum retention lease is in force; and
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the lease will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
an existing greenhouse gas assessment permit; or
an existing greenhouse gas holding lease; or
an existing greenhouse gas injection licence; or
a future greenhouse gas assessment permit; or
a future greenhouse gas holding lease; or
a future greenhouse gas injection licence;
the responsible Commonwealth Minister must, by written notice given to the petroleum retention lessee, determine that the petroleum retention lease is a declared petroleum retention lease for the purposes of this Act.
If:
a determination is in force under subsection (1) in relation to a post-commencement petroleum retention lease; and
the responsible Commonwealth Minister is not satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the lease will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
an existing greenhouse gas assessment permit; or
an existing greenhouse gas holding lease; or
an existing greenhouse gas injection licence; or
a future greenhouse gas assessment permit; or
a future greenhouse gas holding lease; or
a future greenhouse gas injection licence;
the responsible Commonwealth Minister must, by written notice given to the petroleum retention lessee, revoke the determination.
A petroleum retention lease (other than a lease granted under section 152A) remains in force for the period of 5 years beginning on:
the day on which the lease is granted; or
if a later day is specified in the lease as the day on which the lease is to come into force—that later day.
A petroleum retention lease granted under section 152A remains in force for the period of 5 years beginning on the day on which the lease is granted.
Subsections (1) and (1A) have effect subject to this Chapter.
Note 1: For a special rule about the extension of the duration of a petroleum retention lease if the lessee applies for a petroleum production licence, see section 140.
Note 2: For a special rule about the extension of the duration of petroleum retention leases pending decisions on renewal applications, see subsection 153(5).
Note 3: For special rules about the duration of a petroleum retention lease once a decision has been made refusing to renew the lease, see subsections 155(6) and (7).
Note 4: For a special rule about the extension of the duration of a petroleum retention lease following a suspension decision, see sections 265 and 267.
Note 4A: For a special rule about the extension of the duration of a petroleum retention lease pending a suspension decision, see section 265A.
Note 5: For the revocation of a petroleum retention lease, see section 188 and clause 8 of Schedule 4.
Note 6: For a special rule about when a petroleum retention lease ceases to be in force following the grant of a petroleum production licence, see section 176.
Note 7: For the surrender of a petroleum retention lease, see Part 2.12.
Note 8: For the cancellation of a petroleum retention lease, see Part 2.13.
If:
a petroleum retention lease is in force over a block or blocks; and
before the time when the lease would, apart from this subsection, expire, the lessee applies to the Titles Administrator for the grant by the Joint Authority of a petroleum production licence over the block or one or more of the blocks;
the table has effect:
Subsection (1) has effect subject to this Chapter but despite section 139.
Note: See the notes at the end of section 139.
Subdivision A—Application for petroleum retention lease by the holder of a petroleum exploration permit
If a petroleum exploration permit is in force over a block that constitutes, or the blocks that constitute, a location, the permittee may, within the application period, apply to the Titles Administrator for the grant by the Joint Authority of a petroleum retention lease over that block or over one or more of those blocks.
Note: For application period, see subsection (3).
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the application period.
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.
Application period
(3) The application period for an application under this section is:
(a) the period of 2 years after the day (the declaration day) on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location; or
such longer period, not more than 4 years after the declaration day, as the Titles Administrator allows.
The Titles Administrator may allow a longer period under paragraph (3)(b) only on written application made by the permittee within the period of 2 years mentioned in paragraph (3)(a).
Note: Section 188 deals with the consequences of a failure to make an application within the application period.
If:
an application for a petroleum retention lease has been made under section 141; and
the Joint Authority is satisfied that:
the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and
the recovery of petroleum from that area is not, at the time of the application, commercially viable; and
the recovery of petroleum from that area is likely to become commercially viable within 15 years after that time; and
the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;
the Joint Authority must give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant a petroleum retention lease over the block or blocks as to which the Joint Authority is satisfied as mentioned in paragraph (b).
Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).
This section applies if an application for a petroleum retention lease has been made under section 141.
If the Joint Authority is not satisfied as to one or more of the matters referred to in paragraph 142(b) in relation to the block, or all the blocks, specified in the application, the Joint Authority must, by written notice given to the applicant, refuse to grant a petroleum retention lease to the applicant.
If:
the application specifies 2 or more blocks; and
the Joint Authority is not satisfied as to one or more of the matters referred to in paragraph 142(b) in relation to:
only one of the blocks; or
some, but not all, of the blocks;
the Joint Authority must, by written notice given to the applicant, refuse to grant a petroleum retention lease to the applicant in relation to the block or blocks covered by paragraph (b) of this subsection.
If the Joint Authority is not satisfied as to the matter in paragraph 142(c), the Joint Authority must, by written notice given to the applicant, refuse to grant a petroleum retention lease to the applicant.
If the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations, the Joint Authority may, by written notice given to the applicant, refuse to grant a petroleum retention lease to the applicant.
The Joint Authority must make a decision under section 142 or 143, in relation to an application under section 141, within the period that:
begins when the application was made; and
runs for:
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
if no such agreement is in force—the prescribed number of days.
If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (1) of this section is extended by one day for each day during the period:
beginning on the day on which the notice is given; and
ending when the applicant gives the Titles Administrator the information.
The Joint Authority is not required to comply with subsection (1) unless a number of days is prescribed for the purposes of subparagraph (1)(b)(ii).
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (1)(b)(i).
A failure to comply with subsection (1) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.
If:
an applicant has been given an offer document under section 142; and
the applicant has made a request under section 260 in relation to the offer document within the period applicable under that section;
the Joint Authority must grant the applicant a petroleum retention lease over the block or blocks specified in the offer document.
Note: If the applicant does not make a request under section 260 within the period applicable under that section, the application lapses at the end of that period—see subsection 260(4).
When a petroleum retention lease under section 144 comes into force in relation to one or more blocks, a petroleum exploration permit ceases to be in force to the extent to which it relates to those blocks.
Scope
This section applies if a transfer of a petroleum exploration permit is registered under section 479:
after an application has been made under section 141 for the grant of a petroleum retention lease over a block or blocks in relation to which the petroleum exploration permit is in force; and
before any action has been taken by the Joint Authority under section 142 or 143 in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 141 to 144 and Part 2.10 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision B—Application for petroleum retention lease by the holder of a life-of-field petroleum production licence
If:
a life-of-field petroleum production licence is in force over a block or blocks; and
(b) the following conditions are satisfied in relation to an area (the unused area) that consists of the block or any or all of the blocks:
petroleum has been found to exist in the unused area;
no petroleum recovery operations are being carried on under the licence in relation to the unused area;
the licensee may, within the application period, apply to the Titles Administrator for the grant by the Joint Authority of a petroleum retention lease over the unused area.
Note: For application period, see subsection (3).
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the application period.
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.
Application period
(3) The application period for an application under this section by a petroleum production licensee is the period of 5 years that began on:
the day on which the licence was granted; or
if any petroleum recovery operations have been carried on under the licence in relation to the unused area—the last day on which any such operations were so carried on.
If:
an application for a petroleum retention lease has been made under section 147; and
the Joint Authority is satisfied that recovery of petroleum from the unused area:
is not, at the time of the application, commercially viable; and
is likely to become commercially viable within the period of 15 years after that time; and
the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;
the Joint Authority must give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant a petroleum retention lease over the unused area.
Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).
This section applies if an application for a petroleum retention lease has been made under section 147.
If the Joint Authority is not satisfied as to the matters referred to in paragraph 148(b) in relation to the unused area, the Joint Authority must, by written notice given to the applicant, refuse to grant a petroleum retention lease to the applicant.
Note: Consultation procedures apply—see section 262.
If the Joint Authority is not satisfied as to the matter in paragraph 148(c), the Joint Authority must, by written notice given to the applicant, refuse to grant a petroleum retention lease to the applicant.
Note: Consultation procedures apply—see section 262.
If the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 148(d), the Joint Authority may, by written notice given to the applicant, refuse to grant a petroleum retention lease to the applicant.
Note: Consultation procedures apply—see section 262.
The Joint Authority must make a decision under section 148 or 149, in relation to an application under section 147, within the period that:
begins when the application was made; and
runs for:
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
if no such agreement is in force—the prescribed number of days.
If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (1) of this section is extended by one day for each day during the period:
beginning on the day on which the notice is given; and
ending when the applicant gives the Titles Administrator the information.
The Joint Authority is not required to comply with subsection (1) unless a number of days is prescribed for the purposes of subparagraph (1)(b)(ii).
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (1)(b)(i).
A failure to comply with subsection (1) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.
If:
an applicant has been given an offer document under section 148; and
the applicant has made a request under section 260 in relation to the offer document within the period applicable under that section;
the Joint Authority must grant the applicant a petroleum retention lease over the unused area.
Note: If the applicant does not make a request under section 260 within the period applicable under that section, the application lapses at the end of that period—see subsection 260(4).
When a petroleum retention lease under section 150 comes into force in relation to one or more blocks, a petroleum production licence ceases to be in force to the extent to which it relates to those blocks.
Scope
This section applies if a transfer of a petroleum production licence is registered under section 479:
after an application has been made under section 147 for the grant of a petroleum retention lease over a block or blocks in relation to which the petroleum production licence is in force; and
before any action has been taken by the Joint Authority under section 148 or 149 in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 147 to 150 and Part 2.10 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision C—Obtaining a petroleum retention lease as a result of a change to the boundary of the coastal waters of a State or Territory
Scope
This section applies if:
(a) a State/Territory petroleum retention title has been granted by a State or the Northern Territory on the basis that an area (the relevant area) is within the coastal waters of the State or Territory; and
as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:
ceases to be within the coastal waters of the State or Territory; and
falls within the offshore area of the State or Territory; and
either:
the conditions set out in subsection (2) are satisfied; or
the conditions set out in subsection (3) are satisfied; and
(d) there are one or more relevant section 33 blocks) that:section 33 blocks (the
correspond to the section 33 blocks that were covered by the State/Territory petroleum retention title immediately before the change; and
are in the offshore area of the State or Territory; and
are not the subject of a variation under section 267A.
The conditions mentioned in subparagraph (1)(c)(i) are:
one or more, but not all, of the section 33 blocks that were covered by the State/Territory petroleum retention title immediately before the change are in the relevant area; and
(b) the title subsequently ceases to be in force at the same time (the relevant time):
as to all of the section 33 blocks that were covered by the title immediately before the change and that are in the coastal waters of the State or Territory; and
otherwise than as the result of the cancellation or surrender of the title.
The conditions mentioned in subparagraph (1)(c)(ii) are:
all of the section 33 blocks that were covered by the State/Territory petroleum retention title immediately before the change are in the relevant area; and
(b) the title subsequently ceases to be in force at the same time (the relevant time):
as to all of the section 33 blocks that were covered by the title immediately before the change; and
otherwise than as the result of the cancellation or surrender of the title.
Grant of lease
The Joint Authority is taken:
to have granted the holder of the State/Territory petroleum retention title a petroleum retention lease over the relevant section 33 blocks; and
to have done so immediately after the relevant time mentioned in whichever of subsection (2) or (3) is applicable.
Note: For the duration of the petroleum retention lease, see subsection 139(1A).
Deemed section 33 block
If, after the change to the boundary of the coastal waters of the State or Territory:
a part of a section 33 block that was covered by the State/Territory petroleum retention title immediately before the change is in the coastal waters of the State or Territory; and
the remaining part of the section 33 block is in the offshore area of the State or Territory;
then, for the purposes of this section (other than this subsection), each of those parts is taken to constitute, and to have always constituted, a section 33 block.
Definitions
In this section:
section 33 block means:
a block constituted as provided by section 33; or
if a graticular section is wholly within the area that was covered by the State/Territory petroleum retention title—the graticular section; or
if a part only of a graticular section is within the area that was covered by the State/Territory petroleum retention title—that part of the graticular section.
Note: See also subsection (5).
State PSLA has the same meaning as in Part 6.9.
Territory PSLA has the same meaning as in Part 6.9.
Application for renewal
A petroleum retention lessee may apply to the Titles Administrator for the renewal by the Joint Authority of the lease.
An application to renew a petroleum retention lease must be made:
not more than 12 months before the expiry date of the lease; and
at least 180 days before the expiry date of the lease.
Despite subsection (2), the Titles Administrator may accept an application to renew a petroleum retention lease if the application is made:
later than 180 days before the expiry date of the lease; and
before the expiry date of the lease.
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the expiry date of the lease.
For the purposes of subsection (4A), disregard the effect of subsection (5).
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.
Extension of duration of petroleum retention lease pending decision on application
If:
a petroleum retention lessee makes an application to renew the lease; and
the lease would, apart from this subsection, expire:
before the Joint Authority grants, or refuses to grant, the renewal of the lease; or
before the application lapses as provided by section 260;
the lease continues in force:
until the Joint Authority grants, or refuses to grant, the renewal of the lease; or
until the application so lapses;
whichever happens first.
Subsection (5) has effect subject to this Chapter but despite section 139.
Note: See the notes at the end of section 139.
Scope
This section applies if an application to renew a petroleum retention lease has been made under section 153.
Offer document—compliance with conditions etc.
If:
each of the following has been complied with:
the conditions to which the petroleum retention lease is, or has from time to time been, subject;
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1;
the regulations; and
the Joint Authority is satisfied that recovery of petroleum from the lease area:
is not, at the time of the application, commercially viable; and
is likely to become commercially viable within the period of 15 years after that time; and
the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;
the Joint Authority must give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to renew the lease.
Offer document—non-compliance with conditions etc.
Note: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
If:
any of:
the conditions to which the petroleum retention lease is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; or
the provisions of the regulations;
have not been complied with; and
the Joint Authority is satisfied that there are sufficient grounds to warrant the granting of the renewal of the petroleum retention lease; and
the Joint Authority is satisfied that recovery of petroleum from the lease area:
is not, at the time of the application, commercially viable; and
is likely to become commercially viable within the period of 15 years after that time;
the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to renew the lease.
Note: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Without limiting paragraph (3)(b), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the lease, the Joint Authority must have regard to:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
any other matters prescribed by the regulations.
Scope
This section applies if an application to renew a petroleum retention lease has been made under section 153.
Refusal on grounds of non-compliance with conditions
If:
any of:
the conditions to which the petroleum retention lease is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; or
the provisions of the regulations;
have not been complied with; and
the Joint Authority is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the petroleum retention lease;
the Joint Authority must, by written notice given to the applicant, refuse to renew the lease.
Refusal on grounds of commercial viability
Note: Consultation procedures apply—see section 262.
If the Joint Authority is satisfied that recovery of petroleum from the lease area is, at the time of the application, commercially viable, the Joint Authority must, by written notice given to the applicant, refuse to renew the lease.
Note: Consultation procedures apply—see section 262.
If the Joint Authority is satisfied that recovery of petroleum from the lease area is unlikely to become commercially viable within the period of 15 years after the time of the application, the Joint Authority must, by written notice given to the applicant, refuse to renew the lease.
Note: Consultation procedures apply—see section 262.
Refusal on other grounds
The Joint Authority must, by written notice given to the applicant, refuse to renew the lease if the Joint Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease.
Note: Consultation procedures apply—see section 262.
The Joint Authority may, by written notice given to the applicant, refuse to renew the lease if the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations.
Note: Consultation procedures apply—see section 262.
Application for petroleum production licence within 12 months after refusal
A notice of refusal under subsection (3) must contain a statement to the effect that the lessee may, within 12 months after the notice was given, apply for a petroleum production licence over one or more of the blocks comprised in the lease.
If:
the Joint Authority makes a decision under subsection (3) refusing to renew the lease; and
a notice of refusal is given to the applicant; and
within 12 months after the notice was given, the lessee applies for a petroleum production licence over one or more of the blocks comprised in the lease; and
the lease would, apart from this subsection, expire:
before the Joint Authority grants, or refuses to grant, the petroleum production licence; or
before the application lapses;
the lease continues in force until:
the Joint Authority grants, or refuses to grant, the petroleum production licence; or
the application lapses;
whichever happens first.
If:
the Joint Authority makes a decision under subsection (3) refusing to renew the lease; and
a notice of refusal is given to the applicant; and
subsection (6) does not apply; and
the lease would, apart from this subsection, expire within 12 months after the notice was given;
the lease continues in force until the end of the 12-month period beginning on the day on which the notice was given.
Subsections (6) and (7) have effect subject to this Chapter but despite section 139.
Note: See the notes at the end of section 139.
The Joint Authority must make a decision under section 154 or 155, in relation to an application under section 153, within the period that:
begins when the application was made; and
runs for:
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
if no such agreement is in force—the prescribed number of days.
If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (1) of this section is extended by one day for each day during the period:
beginning on the day on which the notice is given; and
ending when the applicant gives the Titles Administrator the information.
The Joint Authority is not required to comply with subsection (1) unless a number of days is prescribed for the purposes of subparagraph (1)(b)(ii).
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (1)(b)(i).
A failure to comply with subsection (1) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.
If:
an applicant has been given an offer document under section 154; and
the applicant has made a request under section 260 in relation to the offer document within the period applicable under that section;
the Joint Authority must renew the petroleum retention lease.
Note: If the applicant does not make a request under section 260 within the period applicable under that section, the application lapses at the end of that period—see subsection 260(4).
Scope
This section applies if:
a petroleum retention lessee has been given a notice under subsection 136(5) during the term of the lease; and
the lessee has carried out, and has informed the Titles Administrator of the results of, the re-evaluation required by the notice; and
the lessee has not made an application to renew the lease; and
after consideration of:
the results of the re-evaluation referred to in paragraph (b); and
such other matters as the Joint Authority thinks fit;
the Joint Authority is of the opinion that recovery of petroleum from the lease area is commercially viable.
Notice of proposal to revoke lease
Note: Subsection 136(5) deals with re-evaluation of the commercial viability of petroleum production in the lease area.
The Joint Authority may give the lessee, and such other persons (if any) as the Joint Authority thinks appropriate, a written notice:
telling the recipient of the notice that the Joint Authority:
has formed the opinion that recovery of petroleum from the lease area is commercially viable; and
proposes to revoke the lease; and
inviting the recipient of the notice to make a written submission to the Joint Authority about the proposal to revoke the lease; and
specifying a time limit for making that submission.
Note: All communications to the Joint Authority are to be made through the Titles Administrator—see section 63.
The time limit must be at least 30 days after the notice is given.
If:
a notice under subsection 157(2) is given to:
the lessee of a petroleum retention lease; or
the lessee of a petroleum retention lease and one or more other persons; and
either:
the lessee does not make a submission in accordance with the notice; or
the Joint Authority, after consideration of any submissions made in accordance with the notice, determines that the lease should be revoked;
the Joint Authority must, by written notice given to the lessee, revoke the lease.
When revocation takes effect
If:
a petroleum retention lease is revoked under subsection (1); and
the lessee applies for a petroleum production licence in relation to one or more of the blocks comprised in the lease within the period of 12 months beginning on the day on which the notice of revocation was given;
the revocation of the lease takes effect:
when the Joint Authority grants, or refuses to grant, the petroleum production licence; or
when the application lapses;
whichever happens first.
If:
a petroleum retention lease is revoked under subsection (1); and
the lessee does not apply for a petroleum production licence in relation to one or more of the blocks comprised in the lease within the period of 12 months beginning on the day on which the notice of revocation was given;
the revocation of the lease takes effect at the end of that 12-month period.
If a petroleum retention lease is revoked under subsection (1), the lease continues in force until the revocation takes effect in accordance with subsection (2) or (3).
The following is a simplified outline of this Part:
• It is an offence to recover petroleum in an offshore area except:
under a petroleum production licence; or
as otherwise authorised or required by or under this Act.
• This Part provides for the grant of petroleum production licences over blocks in an offshore area.
• A petroleum production licence authorises the licensee to carry out petroleum recovery operations in the licence area.
• There are 4 ways in which a petroleum production licence can be granted:
grant of a petroleum production licence as a result of an application made by a petroleum exploration permittee or a petroleum retention lessee;
grant of a petroleum production licence over a surrendered block or a similar block;
grant of a petroleum production licence over an individual block in exchange for another licence that was in force over the same block;
grant of a petroleum production licence as a result of a change to the boundary of the coastal waters of a State or Territory.
A person commits an offence if:
the person carries on petroleum recovery operations; and
the operations are carried on in an offshore area.
Penalty: Imprisonment for 5 years.
Subsection (1) does not apply if the operations are:
authorised by a petroleum production licence; or
otherwise authorised or required by or under this Act.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.
A petroleum production licence authorises the licensee, in accordance with the conditions (if any) to which the licence is subject:
to recover petroleum in the licence area; and
to recover petroleum from the licence area in another area to which the licensee has lawful access for that purpose; and
to explore for petroleum in the licence area; and
to carry on such operations, and execute such works, in the licence area as are necessary for those purposes.
Express references in this Act to the injection or storage of a substance do not imply that subsection (1) does not operate so as to authorise the licensee:
to carry on operations to inject a substance into the seabed or subsoil of an offshore area; or
to carry on operations to store (whether on a permanent basis or otherwise) a substance in the seabed or subsoil of an offshore area.
The regulations may provide that a petroleum production licence authorises the licensee, in accordance with the conditions (if any) to which the licence is subject:
to explore in the licence area for a potential greenhouse gas storage formation; and
to explore in the licence area for a potential greenhouse gas injection site; and
to carry on such operations, and execute such works, in the licence area as are necessary for those purposes.
The regulations may provide that, if:
(a) petroleum is recovered in the licence area of a petroleum production licence (the first licence); and
(b) operations for the recovery or processing of the petroleum are carried on using a facility located in the licence area of another petroleum production licence (the second licence); and
a prescribed substance (which may be a hydrocarbon) is recovered as an incidental consequence of the recovery of the petroleum;
the second licence authorises the licensee of the second licence, in accordance with the conditions (if any) to which the second licence is subject:
to inject the substance into the seabed or subsoil of the licence area of the second licence; and
to store (whether on a permanent basis or otherwise) the substance in the seabed or subsoil of the licence area of the second licence; and
to carry on such operations, and execute such works, in the licence area of the second licence as are necessary for those purposes.
Subsections (3) and (4) do not limit subsection (1).
The rights conferred on the licensee by or under subsection (1), (3) or (4) are subject to this Act and the regulations.
The Joint Authority may grant a petroleum production licence subject to whatever conditions the Joint Authority thinks appropriate.
Note: A grant of a licence may be a grant by way of renewal—see section 11.
The conditions (if any) must be specified in the licence.
Subsection (1) does not apply to a petroleum production licence granted under section 183A.
Petroleum production licence to which the Royalty Act applies
A petroleum production licence to which the Royalty Act applies is subject to a condition that the licensee will comply with the provisions of the Royalty Act.
Note: The Royalty Act applies to a small number of North West Shelf titles.
Despite subsection (2), the condition mentioned in subsection (3) does not need to be specified in the licence.
General condition
A petroleum production licence may be granted subject to a general condition requiring the licensee to:
explore for petroleum in the licence area with a view to determining whether there is any additional recoverable petroleum in the licence area; and
recover such petroleum if it is commercially viable to do so.
Subsection (5) does not limit subsection (1), (12) or (19).
Specific conditions
Despite subsection (1), a petroleum production licence must not be granted subject to specific conditions requiring the licensee to:
make a well in the licence area; or
carry out a seismic survey, or any other kind of survey, in, or in relation to, the licence area; or
spend particular amounts on the carrying out of work in, or in relation to, the licence area.
To avoid doubt, a condition covered by subsection (5) does not breach subsection (7).
Renewal conditions
In making a decision about the conditions to which a petroleum production licence granted on renewal will be subject, the Joint Authority must have regard to:
the investment of the licensee, or of any former licensee, during the term of:
the original petroleum production licence; or
any petroleum production licence granted on a previous renewal;
where the investment relates to:
operations authorised by the licence concerned; or
any other development connected with those operations; and
such other matters (if any) as the Joint Authority considers relevant.
Declared petroleum production licences—approval of key petroleum operations
A declared petroleum production licence is subject to the condition that the licensee will not carry on key petroleum operations under the licence unless the responsible Commonwealth Minister has approved the operations under section 163.
Despite subsection (2), the condition mentioned in subsection (10) does not need to be specified in the licence.
If, under section 163, the responsible Commonwealth Minister approves the carrying on of one or more key petroleum operations under a declared petroleum production licence, the responsible Commonwealth Minister may, by written notice given to the licensee, vary the licence by imposing one or more conditions to which the licence is subject.
A variation of a declared petroleum production licence under subsection (12) takes effect on the day on which notice of the variation is given to the licensee.
A condition imposed under subsection (12) may require the licensee to ensure that:
all wells; or
one or more specified wells;
made in the licence area by any person engaged or concerned in operations authorised by the licence are made in a manner, and to a standard, that will facilitate the plugging or closing off of the wells in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
Subsection (14) does not limit:
subsection (12); or
Part 6.2; or
Part 6.4.
If:
a declared petroleum production licence is subject to a condition; and
the condition was imposed under subsection (12);
the responsible Commonwealth Minister may, by written notice given to the licensee, vary or revoke the condition.
A variation of a declared petroleum production licence under subsection (16) takes effect on the day on which notice of the variation is given to the licensee.
Subsection (17) does not limit section 264.
Petroleum production licences obtained as a result of a change to the boundary of the coastal waters of a State or Territory
The Joint Authority may, by written notice given to the licensee of a petroleum production licence granted under section 183A, vary the licence by imposing one or more conditions to which the licence is subject.
A notice under subsection (19) must be given within 14 days after the grant of the licence.
A variation under subsection (19) takes effect on the day on which notice of the variation is given to the licensee.
The registered holder of a declared petroleum production licence may apply to the responsible Commonwealth Minister for approval to carry on one or more key petroleum operations under the licence.
If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
give the approval; or
by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6) and (7).
The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key petroleum operations could have on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
an existing greenhouse gas assessment permit; or
an existing greenhouse gas holding lease; or
an existing greenhouse gas injection licence; or
if a greenhouse gas assessment permit or a greenhouse gas holding lease is in force over a block or blocks:
a future greenhouse gas holding lease over the block or any of the blocks; or
a future greenhouse gas injection licence over the block or any of the blocks.
If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
an existing greenhouse gas assessment permit held by a person other than the applicant; or
an existing greenhouse gas holding lease held by a person other than the applicant; or
an existing greenhouse gas injection licence held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence, as the case may be, has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and
if so—the terms of that agreement.
If:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that could be carried on under:
a future greenhouse gas holding lease over a block or blocks; or
a future greenhouse gas injection licence over a block or blocks; and
a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force over the block or any of the blocks; and
the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and
if so—the terms of that agreement.
The responsible Commonwealth Minister must have regard to the public interest.
Subsections (4), (5) and (6) do not limit subsection (7).
Subsections (4), (5), (6) and (7) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Responsible Commonwealth Minister must not give approval in certain circumstances
If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under an existing greenhouse gas injection licence, the responsible Commonwealth Minister must not give the approval unless the registered holder of the greenhouse gas injection licence has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
To avoid doubt, section 161 does not imply that a petroleum production licensee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
For the purposes of this section, disregard a suspension of rights under section 438.
If:
a post-commencement petroleum production licence is in force; and
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the licence will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
an existing greenhouse gas assessment permit; or
an existing greenhouse gas holding lease; or
an existing greenhouse gas injection licence; or
a future greenhouse gas assessment permit; or
a future greenhouse gas holding lease; or
a future greenhouse gas injection licence;
the responsible Commonwealth Minister must, by written notice given to the petroleum production licensee, determine that the petroleum production licence is a declared petroleum production licence for the purposes of this Act.
If:
a determination is in force under subsection (1) in relation to a post-commencement petroleum production licence; and
the responsible Commonwealth Minister is not satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the licence will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
an existing greenhouse gas assessment permit; or
an existing greenhouse gas holding lease; or
an existing greenhouse gas injection licence; or
a future greenhouse gas assessment permit; or
a future greenhouse gas holding lease; or
a future greenhouse gas injection licence;
the responsible Commonwealth Minister must, by written notice given to the petroleum production licensee, revoke the determination.
The duration of a petroleum production licence is worked out using the table:
Subsection (1) has effect subject to this Chapter.
(3) A petroleum production licence covered by item 1, 3A or 4 of the table in subsection (1) is called a life-of-field petroleum production licence.
(4) A petroleum production licence covered by item 2, 3 or 5 of the table in subsection (1) is called a fixed-term petroleum production licence.
Note 1: For a special rule about the extension of the duration of licences pending decisions on renewal applications, see subsection 184(6).
Note 2: For special rules about the duration of licences granted over individual blocks, see subsections 183(3) and (4).
Note 3: For the revocation of an initial petroleum production licence mentioned in section 182, see subsection 183(7).
Note 4: For a special rule about when a petroleum production licence ceases to be in force following the grant of a petroleum retention lease, see section 151.
Note 5: For the surrender of a petroleum production licence, see Part 2.12.
Note 6: For the cancellation of a petroleum production licence, see Part 2.13.
Note 7: For the termination of a life-of-field petroleum production licence if there have been no recovery operations for 5 years, see section 166.
Note 8: See also section 780 (compensation for acquisition of property).
Termination of licence
If:
a petroleum production licence is a life-of-field petroleum production licence; and
no petroleum recovery operations under the licence have been carried on at any time during a continuous period of at least 5 years;
the Joint Authority may, by written notice given to the licensee, tell the licensee that the Joint Authority proposes to terminate the licence after the end of 30 days after the notice is given.
At any time after the end of 30 days after the notice is given to the licensee, the Joint Authority may, by written notice given to the licensee, terminate the licence.
Note: For remedial directions following termination, see section 587 or 587A.
In working out, for the purposes of subsection (1), the period in which no petroleum recovery operations were carried on under a licence, disregard any period in which no such operations were carried on because of circumstances beyond the licensee’s control.
For the purposes of subsection (3), the depletion of recoverable petroleum is not a circumstance beyond the licensee’s control.
Note: See also section 780 (compensation for acquisition of property).
Consultation
The Joint Authority may give a copy of a notice under subsection (1) to such other persons (if any) as the Joint Authority thinks fit.
A notice under subsection (1) must:
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Joint Authority about the proposal to terminate the licence; and
specify a time limit for making that submission.
Note: All communications to the Joint Authority are to be made through the Titles Administrator—see section 63.
In deciding whether to terminate the licence, the Joint Authority must take into account any submissions made in accordance with the notice.
Schedule 4 has effect.
A reference in this Act to this Chapter includes a reference to Schedule 4.
Scope
This section applies to a petroleum exploration permit if the Royalty Act does not apply to the permit.
Note: Schedule 4 deals with applications for petroleum production licences by the holders of petroleum exploration permits to which the Royalty Act applies.
Application
If a petroleum exploration permit is in force over a block that constitutes, or the blocks that constitute, a location, the permittee may, within the application period, apply to the Titles Administrator for the grant by the Joint Authority of a petroleum production licence over that block or over one or more of those blocks.
Note: For application period, see section 169.
Variation of application
At any time before an offer document relating to the application is given to the applicant, the applicant may, by written notice given to the Titles Administrator, vary the number of blocks specified in the application.
A variation of an application must be made in an approved manner.
A variation of an application may set out any additional matters that the applicant wishes to be considered.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).
An application or a variation of an application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application or variation to be accompanied by information or documents, an application or variation under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator:
for an application—before the end of the application period; or
for a variation—within 10 days after the variation is made.
Greater Sunrise unit reservoir petroleum production licence
An application under this section for the grant of a Greater Sunrise unit reservoir petroleum production licence must also:
nominate a person to be the unit operator, as defined in the Greater Sunrise unitisation agreement; and
be accompanied by each Joint Venturers’ Agreement, as defined in the Greater Sunrise unitisation agreement; and
be accompanied by a copy of the proposed Development Plan, as defined in the Greater Sunrise unitisation agreement.
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.
(1) The application period for an application under section 168 is:
(a) the period of 2 years after the day (the declaration day) on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location; or
such longer period, not more than 4 years after the declaration day, as the Titles Administrator allows.
The Titles Administrator may allow a longer period under paragraph (1)(b) only on written application made by the permittee within the period of 2 years mentioned in paragraph (1)(a).
Despite subsection (1), if:
a petroleum exploration permittee has applied for a petroleum retention lease under section 141 over a block or blocks; and
a notice refusing to grant the petroleum retention lease has been given to the permittee under section 143; and
the reason for the refusal is that the Joint Authority is not satisfied as to the matter referred to in subparagraph 142(b)(ii);
the application period for an application made by the permittee under section 168 for the grant of a petroleum production licence over the block or blocks is whichever of the following periods ends last:
the period that is applicable under subsection (1);
the period of 12 months after the day on which the notice was given.
Note: Section 188 deals with the consequences of a failure to make an application within the application period.
Scope
This section applies to a petroleum retention lease if the Royalty Act does not apply to the lease.
Note: Schedule 4 deals with applications for petroleum production licences by the holders of petroleum retention leases to which the Royalty Act applies.
Application for petroleum production licence
If a petroleum retention lease is in force over a block or blocks, the lessee may apply to the Titles Administrator for the grant by the Joint Authority of a petroleum production licence over that block or over one or more of those blocks.
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10-day period that began on the day after the application was made.
Greater Sunrise unit reservoir petroleum production licence
An application under this section for the grant of a Greater Sunrise unit reservoir petroleum production licence must also:
nominate a person to be the unit operator, as defined in the Greater Sunrise unitisation agreement; and
be accompanied by each Joint Venturers’ Agreement, as defined in the Greater Sunrise unitisation agreement; and
be accompanied by a copy of the proposed Development Plan, as defined in the Greater Sunrise unitisation agreement.
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.
If:
an application for the grant of a petroleum production licence has been made under:
section 168 or 170; or
clause 2 or 4 of Schedule 4; and
the Joint Authority is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and
the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
in the case of an application for a Greater Sunrise unit reservoir petroleum production licence—section 172 has been complied with; and
in a case where (assuming that the applicant were granted a petroleum production licence over the block or blocks as to which the Joint Authority is satisfied as mentioned in paragraph (b)) the petroleum production licence would be a post-commencement petroleum production licence, and:
the Joint Authority is satisfied that there is a significant risk that any of the operations that could be carried on under the petroleum production licence will have a significant adverse impact on operations that are being, or could be, carried on under a greenhouse gas assessment permit or a greenhouse gas holding lease; or
if one or more identified greenhouse gas storage formations are wholly situated in the permit area of a greenhouse gas assessment permit or the lease area of a greenhouse gas holding lease—the Joint Authority is satisfied that there is a significant risk that any of the operations that could be carried on under the petroleum production licence will have a significant adverse impact on operations that could be carried on under a future greenhouse gas injection licence, where the identified greenhouse gas storage formation, or any of the identified greenhouse gas storage formations, is wholly situated in the licence area of the future greenhouse gas injection licence;
the Joint Authority is satisfied that it is in the public interest for the petroleum production licence to be granted to the applicant; and
in a case where:
(assuming that the applicant were granted a petroleum production licence over the block or blocks as to which the Joint Authority is so satisfied as mentioned in paragraph (b)) the petroleum production licence would be a post-commencement petroleum production licence; and
the Joint Authority is satisfied that there is a significant risk that any of the operations that could be carried on under the petroleum production licence will have a significant adverse impact on operations that are being, or could be, carried on under a greenhouse gas injection licence;
the Joint Authority is satisfied that:
the registered holder of the greenhouse gas injection licence has agreed, in writing, to the grant of the petroleum production licence; and
to the extent to which the agreement is a dealing to which Part 5.6 applies—the dealing has been approved under section 543 or is reasonably likely to be approved under that section; and
to the extent to which the agreement is a dealing to which Part 4.6 would apply if the petroleum production licence were to come into existence—it is reasonably likely that the dealing would, after the petroleum production licence comes into existence, be approved under section 493; and
the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;
the Joint Authority must give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant a petroleum production licence over the block or blocks as to which the Joint Authority is so satisfied as mentioned in paragraph (b).
Public interest
Note 1: Section 168 and clause 2 of Schedule 4 deal with applications by permittees.
Note 2: Section 170 and clause 4 of Schedule 4 deal with applications by lessees.
Note 3: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 4: If the applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).
For the purposes of paragraph (1)(d), in considering whether the grant of the petroleum production licence is in the public interest, the Joint Authority must have regard to:
whether the registered holder of the greenhouse gas assessment permit or greenhouse gas holding lease, as the case may be, has agreed, in writing, to the grant of the petroleum production licence; and
if so—the terms of that agreement.
Subsection (2) does not limit the matters to which the Joint Authority may have regard.
Deferral of decision
This section has effect subject to section 174.
Before the Greater Sunrise Offshore Petroleum Joint Authority gives an offer document to an applicant for the grant of a Greater Sunrise unit reservoir petroleum production licence, the Joint Authority must:
give to the Timorese Designated Authority a written notice that:
states that the Joint Authority is considering granting the licence to the applicant and naming the person whom the applicant has nominated to be the unit operator; and
is accompanied by a copy of each Joint Venturers’ Agreement that accompanied the application; and
is accompanied by a copy of the proposed Development Plan that accompanied the application; and
approve:
a unit operator for the development of the Greater Sunrise unit reservoirs in the blocks to which the licence relates; and
each Joint Venturers’ Agreement for the development; and
the Development Plan for the development; and
be satisfied that the Timorese Designated Authority has approved the same unit operator, Joint Venturers’ Agreements and Development Plan for the development.
Scope
This section applies if an application for the grant of a petroleum production licence has been made under:
section 168 or 170; or
clause 2 or 4 of Schedule 4.
Note 1: Section 168 and clause 2 of Schedule 4 deal with applications by permittees.
Note 2: Section 170 and clause 4 of Schedule 4 deal with applications by lessees.
No block contains petroleum
If:
the application specifies one block; and
the Joint Authority is not satisfied that the block contains petroleum;
the Joint Authority must, by written notice given to the applicant, refuse to grant a petroleum production licence to the applicant.
If:
the application specifies 2 or more blocks; and
the Joint Authority is not satisfied that any of the blocks contains petroleum;
the Joint Authority must, by written notice given to the applicant, refuse to grant a petroleum production licence to the applicant.
Some, but not all, blocks contain petroleum
If:
the application specifies 2 or more blocks; and
the Joint Authority is satisfied that:
only one of the blocks contains petroleum; or
some, but not all, of the blocks contain petroleum;
the Joint Authority must, by written notice given to the applicant, refuse to grant a petroleum production licence to the applicant in relation to the remaining block or blocks.
Technical advice and financial resources
Note: The petroleum exploration permit or petroleum retention lease remains in force in relation to the remaining block or blocks.
If the Joint Authority is not satisfied as to the matter in paragraph 171(1)(ba), the Joint Authority must, by written notice given to the applicant, refuse to grant a petroleum production licence to the applicant.
Application for Greater Sunrise unit reservoir petroleum production licence—no approval by Timorese Designated Authority
If:
the application is for a Greater Sunrise unit reservoir petroleum production licence; and
the Joint Authority is not satisfied that the Timorese Designated Authority has given the approvals mentioned in paragraph 172(c);
the Joint Authority must, by written notice given to the applicant, refuse to grant the licence to the applicant.
Impact on greenhouse gas titles
If:
(assuming that the applicant were granted a petroleum production licence over the block or blocks as to which the Joint Authority is satisfied as mentioned in paragraph 171(1)(b)) the petroleum production licence would be a post-commencement petroleum production licence; and
either:
the Joint Authority is satisfied that there is a significant risk that any of the operations that could be carried on under the petroleum production licence will have a significant adverse impact on operations that are being, or could be, carried on under a greenhouse gas assessment permit or a greenhouse gas holding lease; or
if one or more identified greenhouse gas storage formations are wholly situated in the permit area of a greenhouse gas assessment permit or the lease area of a greenhouse gas holding lease—the Joint Authority is satisfied that there is a significant risk that any of the operations that could be carried on under the petroleum production licence will have a significant adverse impact on operations that could be carried on under a future greenhouse gas injection licence, where the identified greenhouse gas storage formation, or any of the identified greenhouse gas storage formations, is wholly situated in the licence area of the future greenhouse gas injection licence; and
the Joint Authority is not satisfied that it is in the public interest for the petroleum production licence to be granted to the applicant;
the Joint Authority must, by written notice given to the applicant, refuse to grant a petroleum production licence to the applicant.
If:
(assuming that the applicant were granted a petroleum production licence over the block or blocks as to which the Joint Authority is satisfied as mentioned in paragraph 171(1)(b)) the petroleum production licence would be a post-commencement petroleum production licence; and
the Joint Authority is satisfied that there is a significant risk that any of the operations that could be carried on under the petroleum production licence will have a significant adverse impact on operations that are being, or could be, carried on under a greenhouse gas injection licence; and
the Joint Authority is not satisfied that:
the registered holder of the greenhouse gas injection licence has agreed, in writing, to the grant of the petroleum production licence; and
to the extent to which the agreement is a dealing to which Part 5.6 applies—the dealing has been approved under section 543 or is reasonably likely to be approved under that section; and
to the extent to which the agreement is a dealing to which Part 4.6 would apply if the petroleum production licence were to come into existence—it is reasonably likely that the dealing would, after the petroleum production licence comes into existence, be approved under section 493;
the Joint Authority must, by written notice given to the applicant, refuse to grant a petroleum production licence to the applicant.
Other prescribed matters
If the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 171(1)(f), the Joint Authority may, by written notice given to the applicant, refuse to grant a petroleum production licence to the applicant.
Reasons for refusal
A notice under this section must set out the reasons for the Joint Authority’s refusal.
Public interest
For the purposes of paragraph (6)(c), in considering whether the grant of the petroleum production licence is in the public interest, the Joint Authority must have regard to:
whether the registered holder of the greenhouse gas assessment permit or greenhouse gas holding lease, as the case may be, has agreed, in writing, to the grant of the petroleum production licence; and
if so—the terms of that agreement.
Subsection (9) does not limit the matters to which the Joint Authority may have regard.
Deferral of application
This section has effect subject to section 174.
Scope
This section applies if an application for the grant of a petroleum production licence (other than a Greater Sunrise unit reservoir petroleum production licence) has been made under section 168 or 170.
Note 1: Section 168 deals with applications by permittees.
Note 2: Section 170 deals with applications by lessees.
Time limit
The Joint Authority must make a decision under section 171 or 173, in relation to the application, within the period that:
begins when the application was made; and
runs for:
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
if no such agreement is in force—the prescribed number of days.
If:
section 174 applies in relation to the application; and
the Joint Authority defers taking any action in relation to the application in accordance with that section;
the period referred to in subsection (2) of this section is extended by one day for each day during which the deferral continues.
If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (2) of this section is extended by one day for each day during the period:
beginning on the day on which the notice is given; and
ending when the applicant gives the Titles Administrator the information.
The Joint Authority is not required to comply with subsection (2) unless a number of days is prescribed for the purposes of subparagraph (2)(b)(ii).
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (2)(b)(i).
A failure to comply with subsection (2) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.
Scope
This section applies if:
an application for the grant of a petroleum production licence has been made under:
section 168 or 170; or
clause 2 or 4 of Schedule 4; and
assuming that the applicant were granted a petroleum production licence over the block or blocks as to which the Joint Authority is so satisfied as mentioned in paragraph 171(1)(b), the petroleum production licence would be a post-commencement petroleum production licence; and
when the application for the grant of the petroleum production licence was made, an application for a greenhouse gas assessment permit was being considered by the responsible Commonwealth Minister; and
the Joint Authority is satisfied that it would be in the public interest to defer taking any action under section 171 or 173 in relation to the application for the grant of the petroleum production licence until the application for the greenhouse gas assessment permit is finalised.
Deferral
The Joint Authority must not take any action under section 171 or 173 in relation to the application for the grant of the petroleum production licence until 24 hours after whichever of the following events happens first:
the responsible Commonwealth Minister grants a greenhouse gas assessment permit to the applicant for the permit;
the application for the greenhouse gas assessment permit lapses;
the responsible Commonwealth Minister refuses to grant a greenhouse gas assessment permit to the applicant for the permit.
If:
an applicant has been given an offer document under section 171; and
the applicant has made a request under section 260 in relation to the offer document within the period applicable under that section;
the Joint Authority must grant the applicant a petroleum production licence over the block or blocks as to which the Joint Authority is satisfied as mentioned in paragraph 171(1)(b).
Note 1: If the applicant does not make a request under section 260 within the period applicable under that section, the application lapses at the end of that period—see subsection 260(4).
Note 2: If an application made by a petroleum exploration permittee in relation to a block lapses, the petroleum exploration permit is revoked to the extent to which it relates to that block—see section 188 or clause 8 of Schedule 4.
Note 3: If an application made by a petroleum retention lessee in relation to a block lapses, the petroleum retention lease is revoked to the extent to which it relates to that block—see section 188 or clause 8 of Schedule 4.
When a petroleum production licence under section 175 comes into force in relation to one or more blocks, a petroleum exploration permit or petroleum retention lease ceases to be in force to the extent to which it relates to those blocks.
Scope
This section applies if a transfer of a petroleum exploration permit or petroleum retention lease is registered under section 479:
after an application has been made:
under section 168 or clause 2 of Schedule 4 for the grant of a petroleum production licence over a block in relation to which the petroleum exploration permit is in force; or
under section 170 or clause 4 of Schedule 4 for the grant of a petroleum production licence over a block in relation to which the petroleum retention lease is in force; and
before any action has been taken by the Joint Authority under section 171 or 173 in relation to the application.
Transferee to be treated as applicant
After the transfer:
in the case of an application under section 168—that section has effect in relation to the application as if any reference in subsection (3) of that section to the applicant were a reference to the transferee; and
if the Royalty Act applies to the permit or lease—subsection 6(2) of the Royalty Act has effect in relation to the application as if any reference in that subsection to a person who has applied or applies for such a petroleum production licence were a reference to the transferee; and
in all cases—sections 171 and 175 and Part 2.10 of this Act have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Invitation to apply for a cash-bid petroleum production licence
If:
a petroleum production licence is surrendered or cancelled to the extent to which it relates to a block; or
a petroleum production licence is terminated to the extent to which it relates to a block; or
a petroleum exploration permit or petroleum retention lease is surrendered, cancelled or revoked to the extent to which it relates to a block:
that, at the time of the surrender, cancellation or revocation, was, or was included in, a location; and
in which, in the opinion of the Joint Authority, there is petroleum;
the Joint Authority may, at any later time, by notice published in the Gazette:
invite applications for the grant by the Joint Authority of a petroleum production licence over that block; and
specify a period within which applications may be made.
A notice under subsection (1) must state that an applicant is required to specify an amount that the applicant would be prepared to pay for the grant of the licence.
Application for cash-bid petroleum production licence
An application under this section must:
be in the approved form; and
specify the amount that the applicant would be prepared to pay for the grant of the licence; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Joint Authority before the end of the period specified in the notice published under subsection (1).
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.
Deposit
An application under this section must be accompanied by a deposit of 10% of the amount that the applicant has specified under paragraph (3)(b).
An application under this section is taken to be accompanied by a deposit of 10% of the amount that the applicant has specified under paragraph (3)(b) if the deposit is received by the Titles Administrator, on behalf of the Commonwealth, before the end of the period specified in the notice published under subsection (1).
Refund of deposit
If the petroleum production licence is not granted, the deposit must be refunded to the applicant.
Subsection (5) does not apply if:
the applicant has been given an offer document under subsection 179(2) or 180(3) in relation to the application; and
the applicant does not, under section 260, request the grant of the petroleum production licence.
Scope
This section applies if:
the Joint Authority publishes a notice under subsection 178(1) inviting applications for the grant of a petroleum production licence over a block; and
at the end of the period specified in the notice, only one application has been made under section 178 in relation to the block.
Offer document
The Joint Authority may:
(a) give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant a petroleum production licence over that block; or
by written notice given to the applicant, reject the application.
Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).
In deciding whether to give the applicant an offer document, the Joint Authority:
must have regard to the matters specified in subsection (4); and
may have regard to any other matters the Joint Authority considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;
the matters specified in section 695YB as they apply to the applicant;
if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
Scope
This section applies if:
the Joint Authority publishes a notice under subsection 178(1) inviting applications for the grant of a petroleum production licence over a block; and
at the end of the period specified in the notice, 2 or more applications have been made under section 178 in relation to the block.
Rejection of applications
The Joint Authority may reject any or all of the applications.
In deciding whether to reject an application, the Joint Authority:
must have regard to the matters specified in subsection (2B); and
may have regard to any other matters the Joint Authority considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;
the matters specified in section 695YB as they apply to the applicant;
if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
Unrejected applications
If the Joint Authority does not reject all of the applications, the table has effect:
An offer document given to an applicant must tell the applicant that the Joint Authority is prepared to grant the applicant a petroleum production licence over the block.
Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).
Lapsed applications
If:
an applicant is given an offer document under this section; and
the application lapses as provided by section 260 or 261; and
there are one or more remaining unrejected applications;
subsections (3) and (4) of this section apply in relation to the remaining unrejected applications.
Unsuccessful applications
If the Joint Authority does not give an offer document to an applicant, the Joint Authority must, by written notice given to the applicant, inform the applicant that the application was unsuccessful.
If:
an applicant has been given an offer document under section 179 or 180; and
the applicant has made a request under section 260 in relation to the offer document within the period applicable under that section; and
in the case of an offer document under section 180—the applicant has paid the specified balance within the period applicable under section 261;
the Joint Authority must grant the applicant a petroleum production licence over the block specified in the offer document.
Note 1: If the applicant does not make a request under section 260 within the period applicable under that section, the application lapses at the end of that period—see subsection 260(4).
Note 2: In the case of an offer document under section 180, if the applicant has not paid the specified balance within the period applicable under section 261, the application lapses at the end of that period—see subsection 261(2).
(2) For the purposes of this section, the specified balance is the balance specified in the offer document as the balance of the amount that the applicant must pay for the grant of the petroleum production licence.
Scope
(1) This section applies to a petroleum production licence (the initial petroleum production licence) if:
the licence is in force over 2 or more blocks; and
the blocks do not form a location or part of a location.
Application for petroleum production licence
The licensee of the initial petroleum production licence may apply to the Joint Authority for the grant of 2 or more new petroleum production licences over the blocks that were the subject of the initial petroleum production licence, in exchange for the initial petroleum production licence.
An application under this section:
must specify the number of new petroleum production licences required; and
must specify the block or blocks that were the subject of the initial petroleum production licence and for which each new petroleum production licence is sought.
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Scope
This section applies if a licensee of an initial petroleum production licence mentioned in section 182 has made an application under that section.
Grant of petroleum production licence
The Joint Authority must grant the licensee new petroleum production licences in accordance with the application.
Duration of new petroleum production licence
If the initial petroleum production licence is a fixed-term petroleum production licence, a new petroleum production licence granted under this section remains in force for the remainder of the term of the initial petroleum production licence.
If the initial petroleum production licence is a life-of-field petroleum production licence, a new petroleum production licence granted under this section remains in force indefinitely.
Subsections (3) and (4) have effect subject to this Chapter but despite section 165.
Note: See the notes at the end of section 165.
Conditions of new petroleum production licence
A new petroleum production licence under this section must be granted subject to conditions corresponding as closely as practicable to the conditions to which the initial petroleum production licence was subject.
Revocation of initial petroleum production licence
If new petroleum production licences are granted under this section:
the initial petroleum production licence is revoked; and
the revocation has effect on the day on which those new licences come into force.
Time limit for making decision
The Joint Authority must make a decision under subsection (2) within the period that:
begins when the application was made; and
runs for:
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
if no such agreement is in force—the prescribed number of days.
The Joint Authority is not required to comply with subsection (8) unless a number of days is prescribed for the purposes of subparagraph (8)(b)(ii).
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (8)(b)(i).
A failure to comply with subsection (8) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.
Scope
This section applies if:
(a) a fixed-term State/Territory petroleum production title has been granted by a State or the Northern Territory on the basis that an area (the relevant area) is within the coastal waters of the State or Territory; and
as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:
ceases to be within the coastal waters of the State or Territory; and
falls within the offshore area of the State or Territory; and
either:
the conditions set out in subsection (2) are satisfied; or
the conditions set out in subsection (3) are satisfied; and
(d) there are one or more relevant section 33 blocks) that:section 33 blocks (the
correspond to the section 33 blocks that were covered by the fixed-term State/Territory petroleum production title immediately before the change; and
are in the offshore area of the State or Territory; and
are not the subject of a variation under section 267A.
The conditions mentioned in subparagraph (1)(c)(i) are:
one or more, but not all, of the section 33 blocks that were covered by the fixed-term State/Territory petroleum production title immediately before the change are in the relevant area; and
(b) the title subsequently ceases to be in force at the same time (the relevant time):
as to all of the section 33 blocks that were covered by the title immediately before the change and that are in the coastal waters of the State or Territory; and
otherwise than as the result of the cancellation or surrender of the title.
The conditions mentioned in subparagraph (1)(c)(ii) are:
all of the section 33 blocks that were covered by the fixed-term State/Territory petroleum production title immediately before the change are in the relevant area; and
(b) the title subsequently ceases to be in force at the same time (the relevant time):
as to all of the section 33 blocks that were covered by the title immediately before the change; and
otherwise than as the result of the cancellation or surrender of the title.
Grant of licence
The Joint Authority is taken:
to have granted the holder of the fixed-term State/Territory petroleum production title a petroleum production licence over the relevant section 33 blocks; and
to have done so immediately after the relevant time mentioned in whichever of subsection (2) or (3) is applicable.
Note: For the duration of the petroleum production licence, see item 5 of the table in subsection 165(1).
Deemed section 33 block
If, after the change to the boundary of the coastal waters of the State or Territory:
a part of a section 33 block that was covered by the fixed-term State/Territory petroleum production title immediately before the change is in the coastal waters of the State or Territory; and
the remaining part of the section 33 block is in the offshore area of the State or Territory;
then, for the purposes of this section (other than this subsection), each of those parts is taken to constitute, and to have always constituted, a section 33 block.
Definitions
In this section:
section 33 block means:
a block constituted as provided by section 33; or
if a graticular section is wholly within the area that was covered by the fixed-term State/Territory petroleum production title—the graticular section; or
if a part only of a graticular section is within the area that was covered by the fixed-term State/Territory petroleum production title—that part of the graticular section.
Note: See also subsection (5).
Scope
This section applies to a fixed-term petroleum production licence.
Application for renewal
A petroleum production licensee may apply to the Titles Administrator for the renewal by the Joint Authority of the licence.
An application to renew a petroleum production licence must be made at least 180 days before the expiry date of the licence.
Despite subsection (3), the Titles Administrator may accept an application to renew a petroleum production licence if the application is made:
later than 180 days before the expiry date of the licence; and
before the expiry date of the licence.
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the expiry date of the licence.
For the purposes of subsection (5A), disregard the effect of subsection (6).
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Extension of duration of petroleum production licence pending decision on application
If:
a petroleum production licensee makes an application to renew the licence; and
the licence would, apart from this subsection, expire:
before the Joint Authority grants, or refuses to grant, the renewal of the licence; or
before the application lapses as provided by section 260;
the licence continues in force:
until the Joint Authority grants, or refuses to grant, the renewal of the licence; or
until the application so lapses;
whichever happens first.
Subsection (6) has effect subject to this Chapter but despite section 165.
Note: See the notes at the end of section 165.
Licences granted under section 183A
If:
the grant of a petroleum production licence under section 183A is consequential on a fixed-term State/Territory petroleum production title ceasing to be in force as mentioned in paragraph 183A(2)(b) or (3)(b); and
the fixed-term State/Territory petroleum production title was granted otherwise than by way of renewal;
an application must not be made for the renewal of the licence if the Joint Authority has previously granted a renewal of the licence.
If:
the grant of a petroleum production licence under section 183A is consequential on a fixed-term State/Territory petroleum production title ceasing to be in force as mentioned in paragraph 183A(2)(b) or (3)(b); and
the fixed-term State/Territory petroleum production title was granted by way of renewal;
an application must not be made for the renewal of the licence.
Scope
This section applies if an application to renew a fixed-term petroleum production licence has been made under section 184.
Offer document—compliance with conditions etc., first renewal
If:
each of the following has been complied with:
the conditions to which the petroleum production licence is, or has from time to time been, subject;
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1;
the regulations; and
the application is for the first renewal of the petroleum production licence; and
the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;
the Joint Authority must give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to renew the licence.
Offer document—compliance with conditions etc., second renewal, recovery of petroleum
Note: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
If:
each of the following has been complied with:
the conditions to which the petroleum production licence is, or has from time to time been, subject;
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1;
the regulations; and
both:
the application is for the second renewal of the petroleum production licence; and
petroleum recovery operations have been carried on in the licence area within 5 years before the application for the renewal was made; and
the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;
the Joint Authority must give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to renew the licence.
Offer document—non-compliance with conditions etc., sufficient grounds to warrant renewal
Note: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
If:
any of:
the conditions to which the petroleum production licence is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; or
the provisions of the regulations;
have not been complied with; and
the Joint Authority is satisfied that there are sufficient grounds to warrant the renewal of the petroleum production licence;
the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to renew the licence.
Without limiting paragraph (4)(b), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the licence, the Joint Authority must have regard to:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
any other matters prescribed by the regulations.
Note: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Scope
This section applies if an application to renew a fixed-term petroleum production licence has been made under section 184.
Refusal on grounds of non-compliance with conditions
If:
any of:
the conditions to which the petroleum production licence is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; or
the provisions of the regulations;
have not been complied with; and
the Joint Authority is not satisfied that there are sufficient grounds to warrant the renewal of the petroleum production licence;
the Joint Authority must, by written notice given to the applicant, refuse to renew the licence.
Refusal on grounds of inactivity
Note: Consultation procedures apply—see section 262.
If:
the application relates to a renewal other than the first renewal; and
no petroleum recovery operations have been carried on in the licence area within 5 years before the application for the renewal was made;
the Joint Authority may, by written notice given to the applicant, refuse to renew the licence.
Refusal on other grounds
The Joint Authority must, by written notice given to the applicant, refuse to renew the licence if the Joint Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence.
Note: Consultation procedures apply—see section 262.
The Joint Authority may, by written notice given to the applicant, refuse to renew the licence if the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations.
Note: Consultation procedures apply—see section 262.
The Joint Authority must make a decision under section 185 or 186, in relation to an application under section 184, within the period that:
begins when the application was made; and
runs for:
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
if no such agreement is in force—the prescribed number of days.
The Joint Authority is not required to comply with subsection (1) unless a number of days is prescribed for the purposes of subparagraph (1)(b)(ii).
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (1)(b)(i).
A failure to comply with subsection (1) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.
If:
an applicant has been given an offer document under section 185; and
the applicant has made a request under section 260 in relation to the offer document within the period applicable under that section;
the Joint Authority must renew the petroleum production licence.
Note: If the applicant does not make a request under section 260 within the period applicable under that section, the application lapses at the end of that period—see subsection 260(4).
Permittee does not apply for a petroleum production licence or a petroleum retention lease
If:
a petroleum exploration permittee could apply under section 168 for a petroleum production licence in relation to a block or blocks; and
the permittee does not:
within the application period mentioned in subsection 169(1), make the application; or
within the application period mentioned in subsection 141(3), apply under section 141 for a petroleum retention lease;
then:
the petroleum exploration permit is revoked to the extent to which it relates to that block or those blocks; and
the revocation has effect at the end of whichever is the later of the application periods mentioned in paragraph (b).
Permittee does not apply for a petroleum production licence
If:
a petroleum exploration permittee applies under section 141 for a petroleum retention lease in relation to a block or blocks; and
a notice refusing to grant the petroleum retention lease is given to the permittee under section 143; and
the reason for the refusal is that the Joint Authority is not satisfied as to the matter referred to in subparagraph 142(b)(ii); and
after the section 143 notice is given, the permittee does not, within the application period mentioned in subsection 169(3), apply under section 168 for a petroleum production licence in relation to that block or those blocks;
then:
the petroleum exploration permit is revoked to the extent to which it relates to that block or those blocks; and
the revocation has effect at the end of the application period mentioned in subsection 169(3).
Permittee’s application lapses
If an application made by a petroleum exploration permittee under section 168 in relation to a block or blocks lapses:
the petroleum exploration permit is revoked to the extent to which it relates to that block or those blocks; and
the revocation has effect:
at the end of the application period; or
on the lapsing of the application;
whichever is the later.
Lessee’s application lapses
Note: For lapsing of applications, see section 260.
If an application made by a petroleum retention lessee under section 170 in relation to a block or blocks lapses:
the petroleum retention lease is revoked to the extent to which it relates to that block or those blocks; and
the revocation has effect on the lapsing of the application.
Note 1: For lapsing of applications, see section 260.
Note 2: See also subsection 132(3) (revocation of declaration of location where block is no longer the subject of a petroleum exploration permit or a petroleum retention lease).
Exception—permit affected by a change to the boundary of the coastal waters of a State or Territory
This section does not apply in relation to a petroleum exploration permit if:
(a) the permit has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and
as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:
ceases to be within the offshore area of the State or Territory; and
falls within the coastal waters of the State or Territory; and
immediately before the change, the relevant area was a part of the permit area.
For the purposes of subsection (4):
disregard section 283; and
it is immaterial whether the change occurred before, at or after the commencement of this subsection.
Subdivision A—Directions about the recovery of petroleum
Initial direction
If:
petroleum is not being recovered in a petroleum production licence area; and
the Joint Authority is satisfied that there is recoverable petroleum in that area;
the Joint Authority may, by written notice given to the licensee, direct the licensee to take all necessary and practicable steps to recover that petroleum.
Further direction
If:
a direction is in force under subsection (1) in relation to a licensee; and
the Joint Authority is not satisfied with the steps taken or being taken by the licensee;
the Joint Authority may, by written notice given to the licensee, direct the licensee to take such steps as the Joint Authority thinks necessary and practicable for, or in relation to, the recovery of petroleum in the licence area.
Initial direction
If petroleum is being recovered in a petroleum production licence area, the Joint Authority may, by written notice given to the licensee, direct the licensee to take all necessary and practicable steps to increase or reduce the rate at which petroleum is being recovered:
in the licence area; or
from a petroleum pool in the licence area;
to the rate specified in the notice.
Further direction
If:
a direction is in force under subsection (1) in relation to a licensee; and
the Joint Authority is not satisfied with the steps taken or being taken by the licensee;
the Joint Authority may, by written notice given to the licensee, give the licensee such directions as the Joint Authority thinks necessary and practicable for, or in relation to, the increase or reduction of the rate at which petroleum is being recovered:
in the licence area; or
from a petroleum pool in the licence area.
Matters to be taken into account
In deciding whether to give a direction under this section, the Joint Authority may take into account matters relating to the effects on Commonwealth revenue of the proposed direction.
Subsection (3) does not limit the matters that may be taken into account.
Good oilfield practice
The Joint Authority must not give a direction under this section if the direction would require action to be taken that is contrary to good oilfield practice.
Subdivision B—Unit development
Meaning of unit development
(1) In this section, the expression unit development:
applies in relation to a petroleum pool (other than either of the Greater Sunrise unit reservoirs) that is partly in a particular licence area of a licensee of a petroleum production licence and partly in:
the licence area of another licensee of a petroleum production licence; or
an area that is not within an offshore area but in which a person other than the first-mentioned licensee is lawfully entitled to carry on petroleum recovery operations from the pool; and
means the carrying on of petroleum recovery operations from that pool under cooperative arrangements between the persons entitled to carry on such operations in each of those areas.
Unit development agreement
A licensee of a petroleum production licence may from time to time enter into a written agreement for, or in relation to, the unit development of a petroleum pool, but nothing in this subsection derogates from the operation of section 487.
Direction to enter into unit development agreement
The Joint Authority, on the Joint Authority’s own initiative or on application made to the Joint Authority in writing by:
a licensee of a petroleum production licence in whose licence area there is a part of a particular petroleum pool; or
a person who is lawfully entitled to carry on petroleum recovery operations in an area outside the offshore area that includes part of a particular petroleum pool that extends into the offshore area;
may, for the purpose of securing the more effective recovery of petroleum from the petroleum pool, direct any licensee of a petroleum production licence whose licence area includes part of the petroleum pool, by written notice given to the licensee, to:
enter into a written agreement, within the period specified in the notice, for, or in relation to, the unit development of the petroleum pool; and
lodge an application in accordance with section 488 for approval of any dealing to which the agreement relates.
Unit development scheme
If:
a licensee of a petroleum production licence who is directed under subsection (3) to enter into an agreement for, or in relation to, the unit development of a petroleum pool does not enter into such an agreement within the specified period; or
the licensee enters into such an agreement, but:
an application for approval of a dealing to which the agreement relates is not lodged with the Titles Administrator; or
if an application is so lodged—the dealing is not approved under section 493;
the Joint Authority may, by written notice given to the licensee, direct the licensee to submit to the Joint Authority, within the period specified in the notice, a scheme for, or in relation to, the unit development of the petroleum pool.
Directions
At any time after the end of the period within which a scheme for, or in relation to, the unit development of a petroleum pool is to be submitted by a licensee under subsection (4), the Joint Authority may, by written notice given to the licensee, give to the licensee such directions as the Joint Authority thinks necessary for the purpose of securing the more effective recovery of petroleum from the petroleum pool.
If a person is the licensee of petroleum production licences in relation to 2 or more licence areas in each of which there is part of a particular petroleum pool, the Joint Authority may, by written notice given to the licensee, give to the licensee such directions as the Joint Authority thinks necessary for the purpose of securing the more effective recovery of petroleum from the petroleum pool.
If:
an agreement under this section is in force; or
the Joint Authority has given directions under subsection (5) or (6);
the Joint Authority may, having regard to additional information that has become available, by written notice given to the licensee or licensees concerned, give to the licensee or licensees such directions, or further directions, as the case may be, as the Joint Authority thinks necessary for the purpose of securing the more effective recovery of petroleum from the petroleum pool.
The Joint Authority must not give a direction under subsection (6) or (7) unless the Titles Administrator has given to the licensee or licensees concerned an opportunity to confer with the Titles Administrator about the proposed direction.
Directions under subsection (5), (6) or (7) may include directions as to the rate at which petroleum is to be recovered.
Definition
In this section:
dealing means a dealing to which Part 4.6 applies.
Consultation
If a petroleum pool extends, or is reasonably believed by the Titles Administrator to extend, from the offshore area in respect of a State or Territory into lands to which:
the laws of that State or Territory relating to exploiting petroleum resources apply; or
the laws of another State or Territory relating to exploiting petroleum resources apply;
the Titles Administrator must consult about exploiting the petroleum pool with the appropriate authority of a State or Territory referred to in paragraph (a) or (b).
Approval
Note: The offshore area of a State or Territory is defined by section 8.
If subsection (11) applies in relation to a petroleum pool, a Joint Authority must not:
approve an agreement under this section; or
give a direction under this section;
in relation to that petroleum pool except with the approval of any other Joint Authority concerned and any State or Territory authority concerned.
The following is a simplified outline of this Part:
• It is an offence to construct or operate an infrastructure facility in an offshore area except:
under an infrastructure licence; or
as otherwise authorised or required by or under this Act.
• This Part provides for the grant of infrastructure licences.
• An infrastructure licence authorises the licensee to construct and operate an infrastructure facility in the licence area. An infrastructure facility may relate to petroleum or a greenhouse gas substance.
A person commits an offence if:
the person:
starts to construct or reconstruct an infrastructure facility; or
continues to construct or reconstruct an infrastructure facility; or
starts to alter an infrastructure facility; or
continues to alter an infrastructure facility; or
operates an infrastructure facility; and
the person’s conduct occurs in an offshore area.
Penalty: Imprisonment for 5 years.
Subsection (1) does not apply if the conduct is:
authorised by an infrastructure licence; or
otherwise authorised or required by or under this Act.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.
An infrastructure licence authorises the licensee, in accordance with the conditions (if any) to which the licence is subject:
in the case of an infrastructure licence granted before the commencement of this section:
to construct infrastructure facilities in the licence area; and
to operate infrastructure facilities in the licence area;
so long as those facilities are for engaging in:
a subsection 15(2) activity; or
a subsection 15(3) activity specified in the licence as the result of a variation under section 205; or
in the case of an infrastructure licence granted after the commencement of this section:
to construct infrastructure facilities in the licence area; and
to operate infrastructure facilities in the licence area;
so long as those facilities are for engaging in:
a subsection 15(2) activity specified in the licence; or
a subsection 15(3) activity specified in the licence.
The rights conferred on the licensee by subsection (1) are subject to this Act and the regulations.
To avoid doubt, the grant of an infrastructure licence is not a precondition to doing anything that could be authorised by a petroleum exploration permit, petroleum retention lease, petroleum production licence or pipeline licence.
The Joint Authority may grant an infrastructure licence subject to whatever conditions the Joint Authority thinks appropriate.
The conditions (if any) must be specified in the licence.
An infrastructure licence is subject to the condition that, if:
regulations are made for the purpose of subsection (4); and
those regulations impose requirements on the licensee;
the licensee will comply with those requirements.
The regulations may establish a regime for third party access to services provided by means of the use of an infrastructure facility that is for engaging in any of the activities to which subsection 15(3) applies.
Note: Subsection 15(3) applies to certain greenhouse gas activities.
Despite subsection (2), the condition mentioned in subsection (3) does not need to be specified in the licence.
An infrastructure licence remains in force indefinitely.
Subsection (1) has effect subject to this Chapter.
Note 1: For the surrender of an infrastructure licence, see Part 2.12.
Note 2: For the cancellation of an infrastructure licence, see Part 2.13.
Note 3: For the termination of an infrastructure licence if there have been no operations for 5 years, see section 197.
Termination of licence
If an infrastructure licence is in force, and the licensee:
has not carried out any construction work under the licence at any time during a continuous period of at least 5 years; and
has not used the infrastructure facilities constructed under the licence at any time during a continuous period of at least 5 years;
the Joint Authority may, by written notice given to the licensee, tell the licensee that the Joint Authority proposes to terminate the infrastructure licence after the end of 30 days after the notice is given.
At any time after the end of 30 days after the notice referred to in subsection (1) is given to the licensee, the Joint Authority may, by written notice given to the licensee, terminate the infrastructure licence.
Note: For remedial directions following termination, see section 587 or 587A.
In working out, for the purposes of subsection (1):
the period in which an infrastructure licensee did not carry out any construction work under the licence; or
the period in which an infrastructure licensee did not use the infrastructure facilities constructed under the licence;
disregard any period in which construction work was not carried out, or the infrastructure facilities were not used, as the case may be, because of circumstances beyond the licensee’s control.
For the purposes of subsection (3), the depletion of recoverable petroleum is not a circumstance beyond the licensee’s control.
Note: See also section 780 (compensation for acquisition of property).
Consultation
The Joint Authority may give a copy of a notice under subsection (1) to such other persons (if any) as the Joint Authority thinks fit.
A notice under subsection (1) must:
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Joint Authority about the proposal to terminate the licence; and
specify a time limit for making that submission.
Note: All communications to the Joint Authority are to be made through the Titles Administrator—see section 63.
In deciding whether to terminate the licence, the Joint Authority must take into account any submissions made in accordance with the notice.
A person may apply to the Titles Administrator for the grant by the Joint Authority of an infrastructure licence.
An application under this section must:
be in the approved form; and
describe the place (which must be in an offshore area) at which the proposed infrastructure facilities will be constructed and operated; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10-day period that began on the day after the application was made.
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.
(1) If an application for the grant of an infrastructure licence has been made under offer document) telling the applicant the Joint Authority is prepared to grant the applicant an infrastructure licence in relation to the place described in the application.section 198, the Joint Authority may give the applicant a written notice (called an
Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).
Note 3: For consultation procedures, see sections 202 and 203.
In deciding whether to give the applicant an offer document, the Joint Authority:
must have regard to the matters specified in subsection (3); and
may have regard to any other matters the Joint Authority considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;
the matters specified in section 695YB as they apply to the applicant;
if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
If:
an application for the grant of an infrastructure licence has been made under section 198; and
the Joint Authority decides not to give the applicant an offer document under section 199;
the Joint Authority must, by written notice given to the applicant, refuse to grant the infrastructure licence.
The Joint Authority must make a decision under section 199 or 200, in relation to an application under section 198, within the period that:
begins when the application was made; and
runs for:
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
if no such agreement is in force—the prescribed number of days.
If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (1) of this section is extended by one day for each day during the period:
beginning on the day on which the notice is given; and
ending when the applicant gives the Titles Administrator the information.
The Joint Authority is not required to comply with subsection (1) unless a number of days is prescribed for the purposes of subparagraph (1)(b)(ii).
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (1)(b)(i).
A failure to comply with subsection (1) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.
If:
an applicant has been given an offer document under section 199; and
the applicant has made a request under section 260 in relation to the offer document within the period applicable under that section;
the Joint Authority must grant the applicant the infrastructure licence concerned.
Note: If the applicant does not make a request under section 260 within the period applicable under that section, the application lapses at the end of that period—see subsection 260(4).
Scope
This section applies if:
(a) an application for an infrastructure licence (the proposed infrastructure licence) has been made under section 198 in relation to a place in a block; and
the block:
is the subject of a petroleum exploration permit, petroleum retention lease or petroleum production licence; or
is, or is proposed to be, transected by a pipeline in accordance with the provisions of a pipeline licence; or
includes the whole or a part of a place that is the subject of another infrastructure licence; or
is the subject of a petroleum special prospecting authority or petroleum access authority; and
the applicant is not the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence, pipeline licence, other infrastructure licence, petroleum special prospecting authority or petroleum access authority; and
if subparagraph (b)(i), (ii) or (iii) applies—the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence, pipeline licence or other infrastructure licence has not given written consent to the grant of the proposed infrastructure licence; and
if subparagraph (b)(iv) applies:
the registered holder of the petroleum special prospecting authority or petroleum access authority has not given written consent to the grant of the proposed infrastructure licence; or
the petroleum special prospecting authority or petroleum access authority will not expire before any construction or operation of infrastructure facilities under the proposed infrastructure licence would occur.
Consultation
Before the Joint Authority gives the applicant an offer document under section 199, the Joint Authority must:
by written notice given to the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence, pipeline licence, other infrastructure licence, petroleum special prospecting authority or petroleum access authority, give at least 30 days notice of the Joint Authority’s proposal to give the applicant the offer document; and
give a copy of the notice to such other persons (if any) as the Joint Authority thinks fit.
The notice must:
set out details of the proposed infrastructure licence; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Joint Authority about the proposal; and
specify a time limit for the making of that submission.
Note: All communications to the Joint Authority are to be made through the Titles Administrator—see section 63.
In deciding:
whether to give the applicant the offer document; and
the conditions (if any) to which the proposed infrastructure licence should be subject;
the Joint Authority must take into account any submissions made in accordance with the notice.
Scope
This section applies if:
(a) an application for an infrastructure licence (the proposed infrastructure licence) has been made under section 198 in relation to a place in a block; and
the block:
is the subject of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; or
is the subject of a greenhouse gas search authority or greenhouse gas special authority; and
the applicant is not the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority; and
if subparagraph (b)(i) applies—the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not given written consent to the grant of the proposed infrastructure licence; and
if subparagraph (b)(ii) applies:
the registered holder of the greenhouse gas search authority or greenhouse gas special authority has not given written consent to the grant of the proposed infrastructure licence; or
the greenhouse gas search authority or greenhouse gas special authority will not expire before any construction or operation of infrastructure facilities under the proposed infrastructure licence would occur.
Consultation
Before the Joint Authority gives the applicant an offer document under section 199, the Joint Authority must:
by written notice given to the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority, give at least 30 days notice of the Joint Authority’s proposal to give the applicant the offer document; and
give a copy of the notice to such other persons (if any) as the Joint Authority thinks fit.
The notice must:
set out details of the proposed infrastructure licence; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Joint Authority about the proposal; and
specify a time limit for the making of that submission.
Note: All communications to the Joint Authority are to be made through the Titles Administrator—see section 63.
In deciding:
whether to give the applicant the offer document; and
the conditions (if any) to which the proposed infrastructure licence should be subject;
the Joint Authority must take into account any submissions made in accordance with the notice.
An infrastructure licensee may apply to the Titles Administrator for the variation by the Joint Authority of the licence.
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10-day period that began on the day after the application was made.
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.
If an infrastructure licensee applies under section 204 for a variation of the licence, the Joint Authority may, by written notice given to the licensee:
vary the licence to such extent as the Joint Authority thinks necessary; or
refuse to vary the licence.
Note: For consultation procedures, see sections 206 and 207.
In deciding whether to vary the licence, the Joint Authority:
must have regard to the matters specified in subsection (1B); and
may have regard to any other matters the Joint Authority considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence as varied; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence as varied;
any other matters prescribed by the regulations.
When variation takes effect
(2) A variation of an infrastructure licence under this section takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 708.
Time limit for making decision
The Joint Authority must make a decision under subsection (1) within the period that:
begins when the application was made; and
runs for:
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
if no such agreement is in force—the prescribed number of days.
If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (3) of this section is extended by one day for each day during the period:
beginning on the day on which the notice is given; and
ending when the applicant gives the Titles Administrator the information.
The Joint Authority is not required to comply with subsection (3) unless a number of days is prescribed for the purposes of subparagraph (3)(b)(ii).
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (3)(b)(i).
A failure to comply with subsection (3) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.
Scope
This section applies if:
(a) an infrastructure licence (the first infrastructure licence) relates to a place in a block; and
an application for variation of the first infrastructure licence is made under section 204; and
the block:
is the subject of a petroleum exploration permit, petroleum retention lease or petroleum production licence; or
is, or is proposed to be, transected by a pipeline in accordance with the provisions of a pipeline licence; or
includes the whole or a part of a place that is the subject of another infrastructure licence; or
is the subject of a petroleum special prospecting authority or petroleum access authority; and
the applicant is not the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence, pipeline licence, other infrastructure licence, petroleum special prospecting authority or petroleum access authority; and
if subparagraph (c)(i), (ii) or (iii) applies—the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence, pipeline licence or other infrastructure licence has not given written consent to the variation of the first infrastructure licence; and
if subparagraph (c)(iv) applies:
the registered holder of the petroleum special prospecting authority or petroleum access authority has not given written consent to the variation of the first infrastructure licence; or
the petroleum special prospecting authority or petroleum access authority will not expire before any construction or operation of infrastructure facilities under the first infrastructure licence, as proposed to be varied, would occur.
Consultation
Before varying the first infrastructure licence, the Joint Authority must:
by written notice given to the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence, pipeline licence, other infrastructure licence, petroleum special prospecting authority or petroleum access authority, give at least 30 days notice that the Joint Authority is considering the application; and
give a copy of the notice to such other persons (if any) as the Joint Authority thinks fit.
The notice must:
set out details of the proposed variation; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Joint Authority about the proposal; and
specify a time limit for the making of that submission.
Note: All communications to the Joint Authority are to be made through the Titles Administrator—see section 63.
In deciding whether to vary the first infrastructure licence, the Joint Authority must take into account any submissions made in accordance with the notice.
Scope
This section applies if:
(a) an infrastructure licence (the first infrastructure licence) relates to a place in a block; and
an application for variation of the first infrastructure licence is made under section 204; and
the block:
is the subject of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; or
is the subject of a greenhouse gas search authority or greenhouse gas special authority; and
the applicant is not the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority; and
if subparagraph (c)(i) applies—the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not given written consent to the variation of the first infrastructure licence; and
if subparagraph (c)(ii) applies:
the registered holder of the greenhouse gas search authority or greenhouse gas special authority has not given written consent to the variation of the first infrastructure licence; or
the greenhouse gas search authority or greenhouse gas special authority will not expire before any construction or operation of infrastructure facilities under the first infrastructure licence, as proposed to be varied, would occur.
Consultation
Before varying the first infrastructure licence, the Joint Authority must:
by written notice given to the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority, give at least 30 days notice that the Joint Authority is considering the application; and
give a copy of the notice to such other persons (if any) as the Joint Authority thinks fit.
The notice must:
set out details of the proposed variation; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Joint Authority about the proposal; and
specify a time limit for the making of that submission.
Note: All communications to the Joint Authority are to be made through the Titles Administrator—see section 63.
In deciding whether to vary the first infrastructure licence, the Joint Authority must take into account any submissions made in accordance with the notice.
The responsible Commonwealth Minister may, by written notice given to the Joint Authority, give the Joint Authority a direction in relation to the exercise by the Joint Authority of a power conferred on the Joint Authority by this Part in relation to:
a specified application for an infrastructure licence, where any of the infrastructure facilities to which the licence relates is an infrastructure facility as a result of subsection 15(3); or
a specified infrastructure licence, where any of the infrastructure facilities to which the licence relates is an infrastructure facility as a result of subsection 15(3).
The Joint Authority must comply with a direction under subsection (1).
A direction under subsection (1) is not a legislative instrument.
The following is a simplified outline of this Part:
• It is an offence to construct or operate a pipeline in an offshore area without a pipeline licence.
• This Part provides for the grant of pipeline licences.
• A pipeline licence authorises the licensee to construct and operate a pipeline. A pipeline may be used to convey petroleum or a greenhouse gas substance.
• A pipeline licensee must not cease to operate the pipeline without the consent of the Joint Authority.
General offence
A person commits an offence if:
the person:
starts to construct or reconstruct a pipeline; or
continues to construct or reconstruct a pipeline; or
starts to alter a pipeline; or
continues to alter a pipeline; or
operates a pipeline; and
the person’s conduct occurs in an offshore area.
Penalty: Imprisonment for 5 years.
Subsection (1) does not apply to conduct that is authorised by a pipeline licence.
Note 1: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.
Note 2: See also subsections (7) and (8) of this section.
Defences
Subsection (1) does not apply if:
in an emergency in which there is a likelihood of loss or injury; or
for the purpose of maintaining a pipeline in good order or repair;
the person engages in the conduct to avoid that loss or injury, or to maintain the pipeline in good order and repair, and the person:
as soon as practicable, notifies NOPSEMA and the Titles Administrator of the conduct; and
complies with any directions given to the person by NOPSEMA or the responsible Commonwealth Minister.
Note: The defendant bears an evidential burden in relation to the matter in subsection (7)—see subsection 13.3(3) of the Criminal Code.
Subsection (1) does not apply to anything done in compliance with a direction under:
this Act; or
the regulations.
Note: The defendant bears an evidential burden in relation to the matter in subsection (8)—see subsection 13.3(3) of the Criminal Code.
A pipeline licence authorises the licensee, in accordance with the conditions (if any) to which the licence is subject:
to construct in the offshore area specified in the licence a pipeline:
of the design, construction, size and capacity specified in the licence; and
along the route specified in the licence; and
in the position, in relation to the seabed, specified in the licence; and
to construct in the offshore area specified in the licence the pumping stations, tank stations and valve stations specified in the licence in the positions specified in the licence; and
to operate:
that pipeline; and
those pumping stations, tank stations and valve stations; and
to carry on such operations, to execute such works and to do all such other things in the offshore area specified in the licence as are necessary for, or incidental to, the construction or operation of:
that pipeline; and
those pumping stations, tank stations and valve stations.
The rights conferred on the licensee by subsection (1) are subject to this Act and the regulations.
The Joint Authority may grant a pipeline licence subject to whatever conditions the Joint Authority thinks appropriate.
The conditions (if any) must be specified in the licence.
Completion of pipeline
A pipeline licence may be granted subject to a condition that the licensee must complete the construction of the pipeline within the period specified in the licence.
Subsection (3) does not limit subsection (1).
Approval of greenhouse gas substance
A pipeline licence is subject to the condition that the licensee will not operate the pipeline to convey a greenhouse gas substance unless the Joint Authority has approved the greenhouse gas substance under section 213.
Despite subsection (2), the condition mentioned in subsection (5) does not need to be specified in the licence.
Subsection (5) does not limit subsection (1).
Access regime
A pipeline licence is subject to the condition that, if:
regulations are made for the purposes of subsection (9); and
those regulations impose requirements on the licensee;
the licensee will comply with those requirements.
The regulations may establish a regime for third party access to services provided by means of the use of greenhouse gas pipelines.
Despite subsection (2), the condition mentioned in subsection (8) does not need to be specified in the licence.
Subsection (8) does not limit subsection (1).
A pipeline licensee may apply to the Joint Authority for approval of a greenhouse gas substance that is to be conveyed by means of the pipeline.
If an application for approval is made under subsection (1), the Joint Authority may, by written notice given to the applicant:
give the approval, with or without conditions to which the approval is subject; or
refuse to give the approval.
In deciding whether to give an approval, the Joint Authority must have regard to:
in a case where it is proposed to inject the greenhouse gas substance into an identified greenhouse gas storage formation:
whether the greenhouse gas substance is suitable for injection into the identified greenhouse gas storage formation; and
whether the greenhouse gas substance is suitable for permanent storage in the identified greenhouse gas storage formation; and
in a case where it is proposed to inject the greenhouse gas substance, on an appraisal basis, into a potential greenhouse gas storage formation (other than an identified greenhouse gas storage formation):
whether the greenhouse gas substance is suitable for injection, on an appraisal basis, into the potential greenhouse gas storage formation; and
whether the greenhouse gas substance is suitable for storage, on an appraisal basis, in the potential greenhouse gas storage formation; and
such other matters (if any) as the Joint Authority considers relevant.
To avoid doubt, section 211 does not imply that a pipeline licensee who applies for approval under subsection (1) of this section is entitled to be given the approval.
The responsible Commonwealth Minister may, by written notice given to the Joint Authority, give the Joint Authority a direction in relation to the exercise by the Joint Authority of the power conferred on the Joint Authority by subsection (2) in relation to a specified application.
The Joint Authority must comply with a direction under subsection (5).
A direction under subsection (5) is not a legislative instrument.
A pipeline licence comes into force:
on the day on which the pipeline licence is granted; or
if a later day is specified in the pipeline licence as being the day on which the pipeline licence is to come into force—on that later day.
A pipeline licence remains in force indefinitely.
Subsection (2) has effect subject to this Chapter.
Note 1: For the surrender of a pipeline licence, see Part 2.12.
Note 2: For the cancellation of a pipeline licence, see Part 2.13.
Note 3: For the termination of a pipeline licence if there have been no operations for 5 years, see section 215.
Termination of licence
If a pipeline licence is in force, and the licensee:
has not carried out any construction work under the licence at any time during a continuous period of at least 5 years; and
has not used the pipeline or a part of the pipeline at any time during a continuous period of at least 5 years;
the Joint Authority may, by written notice given to the licensee, tell the licensee that the Joint Authority proposes to:
terminate the pipeline licence; or
terminate the pipeline licence in relation to the part of the pipeline;
as the case may be, after the end of 30 days after the notice is given.
At any time after the end of 30 days after the notice referred to in subsection (1) is given to the licensee, the Joint Authority may, by written notice given to the licensee:
terminate the pipeline licence; or
terminate the pipeline licence in relation to the part of the pipeline;
as the case may be.
Note: For remedial directions following termination, see section 587 or 587A.
In working out, for the purposes of subsection (1):
the period in which a pipeline licensee did not carry out any construction work under the licence; or
the period in which a pipeline licensee did not use the pipeline or a part of the pipeline;
disregard any period in which construction work was not carried out, or the pipeline or part of the pipeline was not used, as the case may be, because of circumstances beyond the licensee’s control.
For the purposes of subsection (3), the depletion of recoverable petroleum is not a circumstance beyond the licensee’s control.
Note: See also section 780 (compensation for acquisition of property).
For the purposes of subsection (3), the failure to obtain a greenhouse gas substance for conveyance in the pipeline, or a part of the pipeline, is not a circumstance beyond the licensee’s control.
Consultation
The Joint Authority may give a copy of a notice under subsection (1) to such other persons (if any) as the Joint Authority thinks fit.
A notice under subsection (1) must:
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Joint Authority about the proposal to:
terminate the pipeline licence; or
terminate the pipeline licence in relation to the part of the pipeline; and
specify a time limit for making that submission.
Note: All communications to the Joint Authority are to be made through the Titles Administrator—see section 63.
In deciding whether to:
terminate the pipeline licence; or
terminate the pipeline licence in relation to the part of the pipeline;
the Joint Authority must take into account any submissions made in accordance with the notice.
Scope
This section applies if:
the construction of a pipeline is started, continued or completed in breach of this Act; or
a pipeline is altered or reconstructed in breach of this Act.
Direction by responsible Commonwealth Minister
The responsible Commonwealth Minister may, by written notice given to whichever of the following persons is applicable:
if the construction of the pipeline has been completed—the owner of the pipeline;
if the construction of the pipeline has not been completed—the person for whom the pipeline is being constructed;
direct the person:
to make specified alterations to the pipeline; or
to move the pipeline to a specified place in the offshore area; or
to remove the pipeline from the offshore area;
within the period specified in the direction.
The period specified in the direction must be reasonable.
Responsible Commonwealth Minister may take action if direction is not complied with
If a person does not comply with a direction under subsection (2) within:
the period specified in the direction; or
such longer period as the Titles Administrator allows;
the responsible Commonwealth Minister may do any or all of the things required by the direction to be done.
The Titles Administrator may allow a longer period under paragraph (4)(b) only on written application made by the person referred to in subsection (4) within the period specified in the direction.
Recovery of costs and expenses
Costs and expenses incurred by the responsible Commonwealth Minister under subsection (4) are:
a debt due to the Commonwealth by the person referred to in that subsection; and
recoverable in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
A person may apply to the Titles Administrator for the grant by the Joint Authority of a pipeline licence.
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10-day period that began on the day after the application was made.
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.
Note 4: If a pipeline licensee wants to alter the pipeline, the licensee will need to apply under section 226 for the variation of the licence.
Application by petroleum production licensee
If:
a person applies for a pipeline licence in relation to the construction of a petroleum pipeline for the conveyance of petroleum recovered in a petroleum production licence area; and
the person is not the petroleum production licensee;
the petroleum production licensee may, within:
(c) 90 days after the publication in the Gazette of notice of the application; or
such longer period, not more than 180 days, as the Titles Administrator allows;
apply under Gazette notice be rejected.section 217 for such a pipeline licence and, in the application, request that the application mentioned in the
Rejection of application by other person
Note: For publication in the Gazette of notice of the application, see section 708.
If a pipeline licence is granted to the petroleum production licensee as a result of an application covered by subsection (1), the Joint Authority must, by written notice given to the person mentioned in paragraph (1)(a), reject the application mentioned in paragraph (1)(c).
Extension of time
The Titles Administrator may allow a longer period under paragraph (1)(d) only on written application made by the petroleum production licensee within the period of 90 days mentioned in paragraph (1)(c).
Application by petroleum production licensee
If:
a person applies for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
the conveyance of a greenhouse gas substance within a petroleum production licence area in that offshore area; or
the conveyance of a greenhouse gas substance from a place outside a petroleum production licence area to a place in the petroleum production licence area; and
either:
if subparagraph (a)(i) applies—the greenhouse gas substance is a by-product of petroleum recovery operations carried on under the petroleum production licence; or
if subparagraph (a)(ii) applies—the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the petroleum production licence; and
the person is not the petroleum production licensee;
the petroleum production licensee may, within:
(d) 90 days after the publication in the Gazette of notice of the application; or
such longer period, not more than 180 days, as the Joint Authority allows;
apply under Gazette notice be rejected.section 217 for such a pipeline licence and, in the application, request that the application mentioned in the
Rejection of application by other person
Note: For publication in the Gazette of notice of the application, see section 708.
If a pipeline licence is granted to the petroleum production licensee as a result of an application covered by subsection (1), the Joint Authority must, by written notice given to the person mentioned in paragraph (1)(a), reject the application mentioned in paragraph (1)(d).
Extension of time
The Joint Authority may allow a longer period under paragraph (1)(e) only on written application made by the petroleum production licensee within the period of 90 days mentioned in paragraph (1)(d).
Application by greenhouse gas injection licensee
If:
a person applies for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in that offshore area; or
the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection area to a place in the greenhouse gas injection licence area; and
the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and
the person is not the greenhouse gas injection licensee;
the greenhouse gas injection licensee may, within:
(d) 90 days after the publication in the Gazette of notice of the application; or
such longer period, not more than 180 days, as the Joint Authority allows;
apply under Gazette notice be rejected.section 217 for such a pipeline licence and, in the application, request that the application mentioned in the
Rejection of application by other person
Note: For publication in the Gazette of notice of the application, see section 708.
If a pipeline licence is granted to the greenhouse gas injection licensee as a result of an application covered by subsection (1), the Joint Authority must, by written notice given to the person mentioned in paragraph (1)(a), reject the application mentioned in paragraph (1)(d).
Extension of time
The Joint Authority may allow a longer period under paragraph (1)(e) only on written application made by the greenhouse gas injection licensee within the period of 90 days mentioned in paragraph (1)(d).
Scope
This section applies if an application for a pipeline licence has been made under section 217.
Offer document—grant of pipeline licence to person other than petroleum production licensee
If:
the application is for a pipeline licence in relation to the construction in an offshore area of a petroleum pipeline for the conveyance of petroleum recovered in a petroleum production licence area (whether the licence area is within that, or another, offshore area); and
the applicant is not the petroleum production licensee; and
the application has not been rejected under subsection 218(2);
the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence.
In deciding whether to give the applicant an offer document under subsection (2), the Joint Authority:
must have regard to the matters specified in subsection (2B); and
may have regard to any other matters the Joint Authority considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;
the matters specified in section 695YB as they apply to the applicant;
if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
Offer document—grant of pipeline licence to petroleum production licensee
If:
the application is for a pipeline licence in relation to the construction of a petroleum pipeline for the conveyance of petroleum recovered in a petroleum production licence area; and
the applicant is the petroleum production licensee; and
each of the following has been complied with:
the conditions to which the petroleum production licence is, or has from time to time been, subject;
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1;
the regulations; and
the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;
the Joint Authority must give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence.
If:
the application is for a pipeline licence in relation to the construction of a petroleum pipeline for the conveyance of petroleum recovered in a petroleum production licence area; and
the applicant is the petroleum production licensee; and
any of:
the conditions to which the petroleum production licence is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; or
the provisions of the regulations;
have not been complied with; and
the Joint Authority is satisfied that there are sufficient grounds to warrant the granting of the pipeline licence;
the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence.
Without limiting paragraph (4)(d), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the licence, the Joint Authority must have regard to:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
any other matters prescribed by the regulations.
Offer document—other applications
(5) If the application is for a pipeline licence in relation to the construction in an offshore area of a petroleum pipeline for the conveyance of petroleum recovered from a place beyond the outer limits of any offshore area, the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant a pipeline licence.
In deciding whether to give the applicant an offer document under subsection (5), the Joint Authority:
must have regard to the matters specified in subsection (5B); and
may have regard to any other matters the Joint Authority considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;
the matters specified in section 695YB as they apply to the applicant;
if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
Route to be followed by pipeline
An offer document under this section must specify the route to be followed by the petroleum pipeline.
Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).
Scope
This section applies if an application for a pipeline licence has been made under section 217.
Offer document—grant of pipeline licence to a person other than petroleum production licensee
If:
the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
the conveyance of a greenhouse gas substance within a petroleum production licence area in that offshore area; or
the conveyance of a greenhouse gas substance from a place outside a petroleum production licence area to a place in the petroleum production licence area; and
either:
if subparagraph (a)(i) applies—the greenhouse gas substance is a by-product of petroleum recovery operations carried on under the petroleum production licence; or
if subparagraph (a)(ii) applies—the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the petroleum production licence; and
the applicant is not the petroleum production licensee; and
the application has not been rejected under subsection 219(2);
the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence.
In deciding whether to give the applicant an offer document under subsection (2), the Joint Authority:
must have regard to the matters specified in subsection (2B); and
may have regard to any other matters the Joint Authority considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;
the matters specified in section 695YB as they apply to the applicant;
if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
Offer document—grant of pipeline licence to petroleum production licensee
If:
the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
the conveyance of a greenhouse gas substance within a petroleum production licence area in that offshore area; or
the conveyance of a greenhouse gas substance from a place outside a petroleum production licence area to a place in the petroleum production licence area; and
either:
if subparagraph (a)(i) applies—the greenhouse gas substance is a by-product of petroleum recovery operations carried on under the petroleum production licence; or
if subparagraph (a)(ii) applies—the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the petroleum production licence; and
the applicant is the petroleum production licensee; and
each of the following has been complied with:
the conditions to which the petroleum production licence is, or has from time to time been, subject;
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1;
the regulations; and
the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;
the Joint Authority must give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence.
If:
the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
the conveyance of a greenhouse gas substance within a petroleum production licence area in that offshore area; or
the conveyance of a greenhouse gas substance from a place outside a petroleum production licence area to a place in the petroleum production licence area; and
either:
if subparagraph (a)(i) applies—the greenhouse gas substance is a by-product of petroleum recovery operations carried on under the petroleum production licence; or
if subparagraph (a)(ii) applies—the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the petroleum production licence; and
the applicant is the petroleum production licensee; and
any of:
the conditions to which the petroleum production licence is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; or
the provisions of the regulations;
have not been complied with; and
the Joint Authority is satisfied that there are sufficient grounds to warrant the granting of the pipeline licence;
the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence.
Without limiting paragraph (4)(e), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the licence, the Joint Authority must have regard to:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
any other matters prescribed by the regulations.
Offer document—grant of pipeline licence to a person other than greenhouse gas injection licensee
If:
the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in that offshore area; or
the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection area to a place in the greenhouse gas injection licence area; and
the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and
the applicant is not the greenhouse gas injection licensee; and
the application has not been rejected under subsection 220(2);
the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence.
In deciding whether to give the applicant an offer document under subsection (5), the Joint Authority:
must have regard to the matters specified in subsection (5B); and
may have regard to any other matters the Joint Authority considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;
the matters specified in section 695YB as they apply to the applicant;
if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
Offer document—grant of pipeline licence to greenhouse gas injection licensee
If:
the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in that offshore area; or
the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection area to a place in the greenhouse gas injection licence area; and
the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and
the applicant is the greenhouse gas injection licensee; and
each of the following has been complied with:
the conditions to which the greenhouse gas injection licence is, or has from time to time been, subject;
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
the regulations; and
the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;
the Joint Authority must give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence.
If:
the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in that offshore area; or
the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection area to a place in the greenhouse gas injection licence area; and
the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and
the applicant is the greenhouse gas injection licensee; and
any of:
the conditions to which the greenhouse gas injection licence is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
the provisions of the regulations;
have not been complied with; and
the Joint Authority is satisfied that there are sufficient grounds to warrant the granting of the pipeline licence;
the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence.
Without limiting paragraph (7)(e), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the licence, the Joint Authority must have regard to:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
any other matters prescribed by the regulations.
Route to be followed by pipeline
An offer document under this section must specify the route to be followed by the greenhouse gas pipeline.
Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).
Scope
This section applies if an application for a pipeline licence has been made under section 217.
Application by licensee of petroleum production licence
If:
the application is for a pipeline licence in relation to the construction of a petroleum pipeline for the conveyance of petroleum recovered in a petroleum production licence area; and
the applicant is the petroleum production licensee; and
any of:
the conditions to which the petroleum production licence is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; or
the provisions of the regulations;
have not been complied with; and
the Joint Authority is not satisfied that there are sufficient grounds to warrant the granting of a pipeline licence;
the Joint Authority must, by written notice given to the applicant, refuse to grant the pipeline licence.
Note: Consultation procedures apply—see section 262.
If:
the application is for a pipeline licence in relation to the construction of a petroleum pipeline for the conveyance of petroleum recovered in a petroleum production licence area; and
the applicant is the petroleum production licensee; and
the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations;
the Joint Authority may, by written notice given to the applicant, refuse to grant the pipeline licence.
Application by a person who is not a petroleum production licensee
Note: Consultation procedures apply—see section 262.
If:
the application is for a pipeline licence in relation to the construction of a petroleum pipeline for the conveyance of petroleum recovered in a petroleum production licence area; and
the applicant is not the petroleum production licensee;
the Joint Authority may, by written notice given to the applicant, refuse to grant the pipeline licence.
Without limiting subsection (3), in deciding whether to refuse to grant the pipeline licence, the Joint Authority must have regard to the matters (if any) prescribed by the regulations.
Refusal on other grounds
The Joint Authority must, by written notice given to the applicant, refuse to grant the pipeline licence if the Joint Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence.
Note: Consultation procedures apply—see section 262.
Scope
This section applies if an application for a pipeline licence has been made under section 217.
Application by licensee of petroleum production licence
If:
the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
the conveyance of a greenhouse gas substance within a petroleum production licence area in that offshore area; or
the conveyance of a greenhouse gas substance from a place outside a petroleum production licence area to a place in the petroleum production licence area; and
either:
if subparagraph (a)(i) applies—the greenhouse gas substance is a by-product of petroleum recovery operations carried on under the petroleum production licence; or
if subparagraph (a)(ii) applies—the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the petroleum production licence; and
the applicant is the petroleum production licensee; and
any of:
the conditions to which the petroleum production licence is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; or
the provisions of the regulations;
have not been complied with; and
the Joint Authority is not satisfied that there are sufficient grounds to warrant the granting of a pipeline licence;
the Joint Authority must, by written notice given to the applicant, refuse to grant the pipeline licence.
Note: Consultation procedures apply—see section 262.
If:
the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
the conveyance of a greenhouse gas substance within a petroleum production licence area in that offshore area; or
the conveyance of a greenhouse gas substance from a place outside a petroleum production licence area to a place in the petroleum production licence area; and
either:
if subparagraph (a)(i) applies—the greenhouse gas substance is a by-product of petroleum recovery operations carried on under the petroleum production licence; or
if subparagraph (a)(ii) applies—the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the petroleum production licence; and
the applicant is the petroleum production licensee; and
the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations;
the Joint Authority may, by written notice given to the applicant, refuse to grant the pipeline licence.
Application by a person who is not a petroleum production licensee
Note: Consultation procedures apply—see section 262.
If:
the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
the conveyance of a greenhouse gas substance within a petroleum production licence area in that offshore area; or
the conveyance of a greenhouse gas substance from a place outside a petroleum production licence area to a place in the petroleum production licence area; and
either:
if subparagraph (a)(i) applies—the greenhouse gas substance is a by-product of petroleum recovery operations carried on under the petroleum production licence; or
if subparagraph (a)(ii) applies—the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the petroleum production licence; and
the applicant is not the petroleum production licensee;
the Joint Authority may, by written notice given to the applicant, refuse to grant the pipeline licence.
Application by licensee of greenhouse gas injection licence
If:
the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in that offshore area; or
the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection area to a place in the greenhouse gas injection licence area; and
the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and
the applicant is the greenhouse gas injection licensee; and
any of:
the conditions to which the greenhouse gas injection licence is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
the provisions of the regulations;
have not been complied with; and
the Joint Authority is not satisfied that there are sufficient grounds to warrant the granting of a pipeline licence;
the Joint Authority must, by written notice given to the applicant, refuse to grant the pipeline licence.
Note: Consultation procedures apply—see section 262.
If:
the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in that offshore area; or
the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection area to a place in the greenhouse gas injection licence area; and
the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and
the applicant is the greenhouse gas injection licensee; and
the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations;
the Joint Authority may, by written notice given to the applicant, refuse to grant the pipeline licence.
Application by a person who is not a greenhouse gas injection licensee
Note: Consultation procedures apply—see section 262.
If:
the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in that offshore area; or
the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection licence area to a place in the greenhouse gas injection licence area; and
the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and
the applicant is not the greenhouse gas injection licensee;
the Joint Authority may, by written notice given to the applicant, refuse to grant the pipeline licence.
Without limiting subsection (5), in deciding whether to refuse to grant the pipeline licence, the Joint Authority must have regard to the matters (if any) prescribed by the regulations.
Refusal on other grounds
The Joint Authority must, by written notice given to the applicant, refuse to grant the pipeline licence if the Joint Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence.
Note: Consultation procedures apply—see section 262.
If:
an applicant has been given an offer document under section 221 or 222; and
the applicant has made a request under section 260 in relation to the offer document within the period applicable under that section;
the Joint Authority must grant the applicant the pipeline licence concerned.
Note: If the applicant does not make a request under section 260 within the period applicable under that section, the application lapses at the end of that period—see subsection 260(4).
A pipeline licensee may apply to the Titles Administrator for the variation by the Joint Authority of the licence.
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10-day period that began on the day after the application was made.
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.
(3) When notice of an application under this section is published in the Gazette, the notice must specify a period within which a person may make a written submission to the Titles Administrator about the application.
Note: For publication in the Gazette of notice of the application, see section 708.
Subject to subsection (4A), the Joint Authority may, by written notice given to the applicant:
vary the pipeline licence to such extent as the Joint Authority thinks necessary; or
refuse to vary the pipeline licence.
In deciding whether to vary the licence, the Joint Authority:
must have regard to any submissions made to the Titles Administrator under subsection (3); and
may have regard to:
the matters specified in subsection (4B); and
any other matters the Joint Authority considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence as varied; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence as varied;
any other matters prescribed by the regulations.
(5) A variation of a pipeline licence under this section takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 708.
Time limit for making decision
The Joint Authority must make a decision under subsection (4) within the period that:
begins when the period referred to in subsection (3) ends; and
runs for:
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
if no such agreement is in force—the prescribed number of days.
If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (6) of this section is extended by one day for each day during the period:
beginning on the day on which the notice is given; and
ending when the applicant gives the Titles Administrator the information.
The Joint Authority is not required to comply with subsection (6) unless a number of days is prescribed for the purposes of subparagraph (6)(b)(ii).
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (6)(b)(i).
A failure to comply with subsection (6) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.
Pipeline licence
The Joint Authority may, by written notice given to a pipeline licensee, direct the licensee to:
make such changes to the design, construction, route or position of the pipeline concerned as are specified in the direction; and
make those changes within the period specified in the direction;
and, if the Joint Authority gives such a direction, the Joint Authority must vary the pipeline licence in accordance with the direction.
The period specified in the direction must be reasonable.
(3) A variation of a pipeline licence under this section takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 708.
Request by Minister or statutory body
The Joint Authority may give a direction under subsection (1) only if:
the Joint Authority is requested to do so by:
a Minister of the Commonwealth or of a State or the Northern Territory; or
a body established by a law of the Commonwealth or of a State or Territory; and
in the Joint Authority’s opinion, it is in the public interest to give the direction.
Offence
A person commits an offence of strict liability if:
the person is subject to a direction under subsection (1); and
the person omits to do an act; and
the omission breaches the direction.
Penalty: 100 penalty units.
Note: For strict liability, see Criminal Code.section 6.1 of the
The maximum penalty for each day that an offence under subsection (5) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (5) is a continuing offence under Crimes Act 1914.section 4K of the
Recovery of cost of complying with direction
If:
the Joint Authority gives a direction to a person under subsection (1) in relation to a pipeline in an offshore area; and
the person complies with the direction;
the person may bring an action in:
the Federal Court; or
the Supreme Court of, or having jurisdiction in, the State or Territory to which the offshore area relates;
against the Minister or body who made the request under subsection (4).
The court must:
hear the action without a jury; and
determine whether it is just that the whole or a part of the reasonable cost of complying with the direction ought to be paid to the plaintiff by the defendant.
If the court determines that it is just that such a payment ought to be made, the court must determine the amount of the payment and give judgment accordingly.
Principal Northern Territory offshore area and Eastern Greater Sunrise offshore area
For the purposes of paragraph (6)(d):
the Principal Northern Territory offshore area; and
the Eastern Greater Sunrise offshore area;
are taken to relate to the Northern Territory.
Offence
A person commits an offence of strict liability if:
the person is a pipeline licensee in relation to a pipeline; and
the person ceases to operate the pipeline.
Penalty: 100 penalty units.
Note: For strict liability, see Criminal Code.section 6.1 of the
Civil penalty
A person who is a pipeline licensee in relation to a pipeline is liable to a civil penalty if the person ceases to operate the pipeline.
Civil penalty: 265 penalty units.
Exceptions
Subsection (1) or (1A) does not apply if the failure of the licensee to operate the pipeline is:
with the written consent of the Joint Authority; and
in accordance with the conditions (if any) specified in the consent.
Note: In proceedings for an offence against subsection (1), the defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code. The same applies in proceedings for a civil penalty under subsection (1A) of this section.
Subsection (1) or (1A) does not apply if the failure of the licensee to operate the pipeline was:
in the ordinary course of operating the pipeline; or
for the purpose of repairing or maintaining the pipeline; or
in an emergency in which there was a likelihood of loss or injury.
Note: In proceedings for an offence against subsection (1), the defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code. The same applies in proceedings for a civil penalty under subsection (1A) of this subsection.
Continuing offences
A person who commits an offence against subsection (1) commits a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the offence continues.
The maximum penalty for each day that an offence under subsection (1) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Continuing contraventions of civil penalty provisions
A person who contravenes subsection (1A) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues.
The maximum civil penalty for each day that a contravention of subsection (1A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
The following is a simplified outline of this Part:
• This Part provides for the grant of petroleum special prospecting authorities over blocks in an offshore area.
• A petroleum special prospecting authority may be granted over a block so long as none of the following is in force over the block:
a petroleum exploration permit;
a petroleum retention lease;
a petroleum production licence;
a greenhouse gas assessment permit;
a greenhouse gas holding lease;
a greenhouse gas injection licence.
• A petroleum special prospecting authority authorises the holder to carry on petroleum exploration operations in the authority area (but not to make a well).
A petroleum special prospecting authority authorises the registered holder, in accordance with the conditions (if any) to which the authority is subject, to carry on, in the authority area, the petroleum exploration operations specified in the authority.
A petroleum special prospecting authority does not authorise the registered holder to make a well.
The rights conferred on the registered holder by subsection (1) are subject to this Act and the regulations.
The Titles Administrator may grant a petroleum special prospecting authority subject to whatever conditions the Titles Administrator thinks appropriate.
The conditions (if any) must be specified in the petroleum special prospecting authority.
A petroleum special prospecting authority comes into force on the day specified in the authority as the day on which the authority is to come into force.
A petroleum special prospecting authority remains in force for the period specified in the authority.
The period specified under subsection (2) must not be longer than 180 days.
Subsection (2) has effect subject to this Chapter.
Note 1: For the surrender of a petroleum special prospecting authority, see Part 2.12.
Note 2: For the cancellation of a petroleum special prospecting authority, see Part 2.13.
A petroleum special prospecting authority cannot be transferred.
A person may apply to the Titles Administrator for the grant of a petroleum special prospecting authority over a block or blocks, so long as none of the following is in force over that block or any of those blocks:
a petroleum exploration permit;
a petroleum retention lease;
a petroleum production licence;
a greenhouse gas assessment permit;
a greenhouse gas holding lease;
a greenhouse gas injection licence.
An application under this section must specify:
the petroleum exploration operations that the applicant proposes to carry on; and
the block or blocks within which the applicant proposes to carry on those operations.
Note 1: Part 2.10 contains additional provisions about application procedures.
Note 2: Section 256 requires the application to be accompanied by an application fee.
If an application for a petroleum special prospecting authority has been made under section 234, the Titles Administrator may:
grant the applicant a petroleum special prospecting authority; or
by written notice given to the applicant, refuse to grant a petroleum special prospecting authority to the applicant.
Scope
This section applies if:
(a) a person (the first person) is the registered holder of a petroleum special prospecting authority over a block; and
(b) another petroleum special prospecting authority is granted to another person (the second person) over the block.
Holders to be informed
The Titles Administrator must, by written notice given to the first person, inform the first person of:
the petroleum exploration operations authorised by the petroleum special prospecting authority granted to the second person; and
the conditions of the petroleum special prospecting authority granted to the second person.
The Titles Administrator must, by written notice given to the second person, inform the second person of:
the petroleum exploration operations authorised by the petroleum special prospecting authority granted to the first person; and
the conditions of the petroleum special prospecting authority granted to the first person.
Scope
This section applies if:
(a) a person (the first person) is the registered holder of a petroleum special prospecting authority over a block; and
(b) a greenhouse gas search authority is granted to another person (the second person) over the block.
Holders to be informed
The responsible Commonwealth Minister must, by written notice given to the first person, inform the first person of:
the operations authorised by the greenhouse gas search authority granted to the second person; and
the conditions of the greenhouse gas search authority granted to the second person.
The Titles Administrator must, by written notice given to the second person, inform the second person of:
the petroleum exploration operations authorised by the petroleum special prospecting authority granted to the first person; and
the conditions of the petroleum special prospecting authority granted to the first person.
The following is a simplified outline of this Part.
• This Part provides for the grant of petroleum access authorities over blocks in an offshore area.
• A petroleum access authority authorises the holder to carry on certain petroleum exploration operations, and certain operations relating to the recovery of petroleum, in the authority area (but not to make a well).
A petroleum access authority authorises the registered holder, in accordance with the conditions (if any) to which the authority is subject, to carry on, in the authority area, the operations specified in the authority.
A petroleum access authority does not authorise the registered holder to make a well.
The rights conferred on the registered holder by subsection (1) are subject to this Act and the regulations.
The Titles Administrator may grant a petroleum access authority subject to whatever conditions the Titles Administrator thinks appropriate.
The conditions (if any) must be specified in the petroleum access authority.
A petroleum access authority comes into force on the day specified in the authority as the day on which the authority is to come into force.
A petroleum access authority remains in force for the period specified in the authority, but may be extended by the Titles Administrator for a further specified period.
Subsection (2) has effect subject to this Chapter.
Note 1: For the surrender of a petroleum access authority, see Part 2.12.
Note 2: For the revocation of a petroleum access authority, see section 250.
The table has effect:
An application under this section must specify:
the operations that the applicant proposes to carry on; and
the area in which the applicant proposes to carry on those operations.
Note: Part 2.10 contains additional provisions about application procedures.
If:
an application for a petroleum access authority has been made under item 1, 2 or 3 of the table in subsection 242(1); and
the Titles Administrator is satisfied that it is necessary or desirable to grant the petroleum access authority for:
the more effective exercise of the applicant’s rights; or
the proper performance of the applicant’s duties;
in the applicant’s capacity as:
the registered holder of a petroleum exploration permit, petroleum retention lease or petroleum production licence; or
the holder of a State title or Northern Territory title; or
the registered holder of a petroleum special prospecting authority;
the Titles Administrator may:
grant the applicant a petroleum access authority; or
by written notice given to the applicant, refuse to grant a petroleum access authority to the applicant.
Note: Consultation procedures apply—see section 244.
If:
an application for a petroleum access authority has been made under item 4 of the table in subsection 242(1); and
the Titles Administrator is satisfied that, assuming the petroleum special prospecting authority mentioned in that item were to be granted to the applicant, it would be necessary or desirable to grant the petroleum access authority for:
the more effective exercise of the applicant’s rights; or
the proper performance of the applicant’s duties;
in the applicant’s capacity as the registered holder of the petroleum special prospecting authority;
the Titles Administrator may:
grant the applicant a petroleum access authority; or
by written notice given to the applicant, refuse to grant a petroleum access authority to the applicant.
Note: Consultation procedures apply—see section 244.
Scope
This section applies if:
(a) an application for a petroleum access authority has been made under application area) that is not part of an adjoining offshore area; andsection 242 in relation to an area (the
the application area is, to any extent, the subject of a petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority; and
the applicant is not the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority; and
the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority has not given written consent to the grant of the petroleum access authority.
Consultation
Before granting the petroleum access authority, the Titles Administrator must:
by written notice given to the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority, give at least 30 days notice of the Titles Administrator’s intention to grant the petroleum access authority; and
give a copy of the notice to such other persons (if any) as the Titles Administrator thinks fit.
The notice must:
set out details of the petroleum access authority that is proposed to be granted; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Titles Administrator about the proposal; and
specify a time limit for making that submission.
In deciding:
whether to grant the petroleum access authority; and
the conditions (if any) to which the petroleum access authority should be subject;
the Titles Administrator must take into account any submissions made in accordance with the notice.
Scope
This section applies if:
(a) an application for a petroleum access authority has been made under application area) that is part of an adjoining offshore area; andsection 242 in relation to an area (the
the application area is, to any extent, the subject of a petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority; and
the applicant is not the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority; and
the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority has not given written consent to the grant of the petroleum access authority.
Consultation
Before approving the grant of the petroleum access authority, the Titles Administrator must:
by written notice given to the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority, give at least 30 days notice of the Titles Administrator’s intention to approve the grant of the petroleum access authority; and
give a copy of the notice to such other persons (if any) as the Titles Administrator thinks fit.
The notice must:
set out details of the petroleum access authority that is proposed to be granted; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Titles Administrator about the proposal; and
specify a time limit for making that submission.
In deciding whether to approve the grant of the petroleum access authority, the Titles Administrator must take into account any submissions made in accordance with the notice.
The Titles Administrator may, by written notice given to the registered holder of a petroleum access authority, vary the petroleum access authority.
A variation of the petroleum access authority may be made:
on the application of the registered holder; or
on the Titles Administrator’s own initiative.
An application for a variation of the petroleum access authority must:
set out the proposed variation; and
specify the reasons for the proposed variation.
Scope
This section applies if:
a petroleum access authority was granted as a result of an application under section 242 in relation to an area that is not part of an adjoining offshore area; and
the Titles Administrator proposes to vary the petroleum access authority; and
the authority area is, to any extent, the subject of a petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority; and
the applicant is not the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority; and
the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority has not given written consent to the variation of the petroleum access authority.
Consultation
Before varying the petroleum access authority, the Titles Administrator must:
by written notice given to the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority, give at least 30 days notice of the Titles Administrator’s intention to vary the petroleum access authority; and
give a copy of the notice to:
the registered holder of the petroleum access authority; and
such other persons (if any) as the Titles Administrator thinks fit.
The notice must:
set out details of the variation that is proposed to be made; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Titles Administrator about the proposal; and
specify a time limit for making that submission.
In deciding whether to vary the petroleum access authority, the Titles Administrator must take into account any submissions made in accordance with the notice.
Scope
This section applies if:
a petroleum access authority was granted as a result of an application under section 242 in relation to an area that is part of an adjoining offshore area; and
the Titles Administrator proposes to vary the petroleum access authority; and
the authority area is, to any extent, the subject of a petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority; and
the registered holder of the petroleum access authority is not the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority.
Consultation
Before approving the variation of the petroleum access authority, the Titles Administrator must:
by written notice given to the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence or petroleum special prospecting authority, give at least 30 days notice of the Titles Administrator’s intention to approve the variation of the petroleum access authority; and
give a copy of the notice to:
the registered holder of the petroleum access authority; and
such other persons (if any) as the Titles Administrator thinks fit.
The notice must:
set out details of the variation that is proposed to be made; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Titles Administrator about the proposal; and
specify a time limit for making that submission.
In deciding whether to approve the variation of the petroleum access authority, the Titles Administrator must take into account any submissions made in accordance with the notice.
If:
at any time during a particular month, a petroleum access authority is in force in relation to an area that consists of, or includes, a block that is the subject of a petroleum exploration permit, petroleum retention lease or petroleum production licence; and
the registered holder of the petroleum access authority is not the registered holder of the permit, lease or licence;
the registered holder of the petroleum access authority must, within 30 days after the end of that month, give the registered holder of the permit, lease or licence:
a written report about the operations carried on in that block during that month; and
a written summary of the facts ascertained from those operations.
Offence
A person commits an offence of strict liability if:
the person is subject to a requirement under subsection (1); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 50 penalty units.
Note: For strict liability, see Criminal Code.section 6.1 of the
Civil penalty
A person is liable to a civil penalty if the person contravenes a requirement under subsection (1).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
The maximum penalty for each day that an offence under subsection (2) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (2) is a continuing offence under Crimes Act 1914.section 4K of the
The maximum civil penalty for each day that a contravention of subsection (4) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (4) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
The Titles Administrator may, by written notice given to the registered holder of a petroleum access authority, revoke the petroleum access authority.
If:
the Titles Administrator revokes a petroleum access authority; and
the petroleum access authority authorised operations in:
a petroleum exploration permit area; or
a petroleum retention lease area; or
a petroleum production licence area;
the Titles Administrator must give written notice of the revocation to the permittee, lessee or licensee.
The following is a simplified outline of this Part:
• This Part provides for the grant of petroleum scientific investigation consents.
• A petroleum scientific investigation consent authorises the holder to carry on petroleum exploration operations in the course of a scientific investigation.
A petroleum scientific investigation consent authorises the holder, in accordance with the conditions (if any) to which the consent is subject, to carry on, in the offshore area specified in the consent, the petroleum exploration operations specified in the consent in the course of the scientific investigation specified in the consent.
The rights conferred on the holder by subsection (1) are subject to section 280.
Note: Section 280 deals with interference with other rights.
The Joint Authority may grant a petroleum scientific investigation consent subject to whatever conditions the Joint Authority thinks appropriate.
The conditions (if any) must be specified in the consent.
The Joint Authority may grant a written petroleum scientific investigation consent authorising a person to carry on, in the offshore area, petroleum exploration operations in the course of a scientific investigation.
(2) The person is the holder of the consent.
Scope
This section applies to an application for:
the grant or renewal of a petroleum exploration permit; or
the grant or renewal of a petroleum retention lease; or
the grant, variation or renewal of a petroleum production licence; or
the grant or variation of an infrastructure licence; or
the grant or variation of a pipeline licence; or
the grant of a petroleum special prospecting authority; or
the grant or variation of a petroleum access authority.
This section also applies to a cash bid, or a tie-breaking cash bid, made under section 111 or 112B for the grant of a petroleum exploration permit.
Manner
The application, cash bid or tie-breaking cash bid must be made in an approved manner.
Note: See also subsection 33(3A) of the Acts Interpretation Act 1901.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (2).
Scope
This section applies to an application for:
the grant or renewal of a petroleum exploration permit; or
the grant or renewal of a petroleum retention lease; or
the grant or renewal of a petroleum production licence; or
the grant or variation of an infrastructure licence; or
the grant or variation of a pipeline licence; or
the grant of a petroleum special prospecting authority.
Application fee
The application must be accompanied by the fee (if any) prescribed by the regulations.
Different fees may be prescribed for different applications.
A fee must not be such as to amount to taxation.
The application is taken to be accompanied by a fee if the fee is received before the end of the 10-day period that began on the day after the application was made.
To avoid doubt, a fee is in addition to:
the amount that a person specifies in an application as the amount that the person is prepared to pay for:
a cash-bid petroleum exploration permit; or
a special petroleum exploration permit; or
a section 181 petroleum production licence; and
the amount specified in an offer document as the amount that a person must pay for a cash-bid petroleum exploration permit; and
the balance specified in an offer document as the balance that a person must pay for:
a special petroleum exploration permit; or
a section 181 petroleum production licence.
Scope
This section applies to the following:
an application for the grant of a petroleum exploration permit (otherwise than by way of renewal);
an application for the grant of a petroleum retention lease (otherwise than by way of renewal);
an application under:
section 168, 170 or 178; or
clause 2 or 4 of Schedule 4;
for the grant of a petroleum production licence;
an application for the variation of a petroleum production licence;
an application for the grant of an infrastructure licence;
an application for the grant of a pipeline licence;
an application for the grant of a petroleum access authority.
Additional matters
The application may set out any additional matters that the applicant wishes to be considered.
Scope
This section applies to an application for:
the grant or renewal of a petroleum exploration permit; or
the grant or renewal of a petroleum retention lease; or
the grant or renewal of a petroleum production licence; or
the variation of a petroleum production licence; or
the grant or variation of an infrastructure licence; or
the grant or variation of a pipeline licence; or
the variation or suspension of, or exemption from compliance with, the conditions of a title under section 264.
Requirement to give further information
The Titles Administrator may, by written notice given to the applicant, require the applicant to give the Titles Administrator, within the period specified in the notice, further information in connection with the application.
Consequences of breach of requirement
If the applicant breaches the requirement, the Joint Authority may, by written notice given to the applicant:
refuse to consider the application; or
refuse to take any action, or any further action, in relation to the application.
Subsection (3) has effect despite any provision of this Act that requires the Joint Authority to:
consider the application; or
take any particular action in relation to the application.
A reference in this section to taking action in relation to the application includes a reference to giving an offer document in relation to the application.
Application by permittee or lessee for petroleum production licence—notice specifying date on which information was provided
If an application for the grant of a petroleum production licence has been made under:
section 168 or 170; or
clause 2 or 4 of Schedule 4;
then:
if the Titles Administrator does not require the applicant to give further information under subsection (2)—the Titles Administrator must, within 30 days after the application was made, determine whether or not sufficient information has been received to determine the application; or
if the Titles Administrator requires the applicant to give further information under subsection (2)—the Titles Administrator must, within 30 days after receiving the information, determine whether or not sufficient information has been received to determine the application.
If, under subsection (6), the Titles Administrator determines that sufficient information has been provided, the Titles Administrator must issue the applicant with a notice to that effect specifying the last date on which information was provided.
Note: The date specified in the notice is referred to in paragraph 34A(1)(a) and subsection 34A(5) of, and clause 1 of the Schedule to, the Petroleum Resource Rent Tax Assessment Act 1987.
The issuing of a notice under subsection (7) does not prevent the Titles Administrator from later requiring further information under subsection (2). However, the later requirement does not affect the notice under subsection (7).
If an application covered by subsection (6):
lapses; or
is withdrawn; or
is refused;
any notice issued under subsection (7) in relation to that application is taken never to have been issued.
Scope
This section applies to an offer document that relates to an application for:
the grant or renewal of a petroleum exploration permit; or
the grant or renewal of a petroleum retention lease; or
the grant or renewal of a petroleum production licence; or
the grant of an infrastructure licence; or
the grant of a pipeline licence.
General requirements
The offer document must contain:
a summary of the conditions to which the permit, lease or licence will be subject; and
a statement to the effect that the application will lapse if the applicant does not make a request under section 260.
Payment for cash-bid petroleum exploration permit
If the offer document relates to an application for the grant of a cash-bid petroleum exploration permit, the offer document must:
specify, as the permit price:
the amount of the cash bid, or tie-breaking cash bid, in relation to which the offer document is given; or
in the case of an offer document given under section 112—the amount of the reserve price determined under section 110 for the grant of the permit; and
(b) specify, as the balance of the permit price, an amount equal to the difference between the permit price and the deposit given by the applicant under section 111; and
contain a statement to the effect that if the applicant does not pay the balance of the permit price to the Commonwealth within the period allowed for making a request under section 260:
the application will lapse; and
except in the case of an offer document given under section 112—the applicant’s deposit will be forfeited to the Titles Administrator on behalf of the Commonwealth.
Note: An offer document may be given under section 112 for the grant of a permit at the reserve price to an applicant whose cash bid is less than the reserve price.
Payment for special petroleum exploration permit
If the offer document relates to an application for the grant of a special petroleum exploration permit, the offer document must:
specify the balance of the amount that the applicant must pay for the permit; and
contain a statement to the effect that the application will lapse if the applicant does not pay the balance to the Commonwealth within the period allowed for making a request under section 260.
Payment for cash-bid petroleum production licence over surrendered blocks etc.
If the offer document is given under section 180 to an applicant for a petroleum production licence, the offer document must:
specify the balance of the amount that the applicant must pay for the licence; and
contain a statement to the effect that the application will lapse if the applicant does not pay the balance to the Commonwealth within the period allowed for making a request under section 260.
The table has effect:
Longer periods
The Titles Administrator may allow a longer period under paragraph (b) of column 2 of item 1 or 5 of the table only on written application made by the applicant within the period of 30 days mentioned in paragraph (a) of that column.
The Titles Administrator may allow a longer period under paragraph (b) of column 2 of item 3, 7, 9 or 10 of the table only on written application made by the applicant within the period of 90 days mentioned in paragraph (a) of that column.
Application lapses if request not made within the applicable period
If an applicant does not make a request under an item of the table, except item 2, within the period applicable under column 2 of the table, the application lapses at the end of that period.
Note: For the failure to request the grant of cash-bid petroleum exploration permits under item 2 of the table, or the failure to pay for such permits, see section 260A.
Scope
This section applies if:
(a) an offer document has been given to an applicant (the non-responding applicant) for the grant of a cash-bid petroleum exploration permit who has made a cash bid, or a tie-breaking cash bid, for the grant of the permit; and
at the end of the applicable period under section 260, the non-responding applicant:
has not made a request under that section; or
has not paid the amount specified in the offer document as the balance of the permit price that the applicant must pay for the permit.
Lapse of application and forfeit of deposit
At the end of the applicable period:
the application lapses; and
unless the offer document was given under section 112—an amount equal to the non-responding applicant’s deposit under section 111 is forfeited to the Commonwealth; and
if the offer document was given under section 112—the Titles Administrator, on behalf of the Commonwealth, must refund to the non-responding applicant an amount equal to that applicant’s deposit under section 111.
Further offers
(3) The following table requires or allows an offer document to be given to an applicant other than the non-responding applicant by applying sections 112, 112A and 112B as if applicants whose applications have lapsed or been rejected (lapsed or rejected applicants), including the non-responding applicant, had not made cash bids.
Note: Sections 112, 112A and 112B set out the circumstances in which the Joint Authority may, or must, give an offer document to an applicant for a cash-bid petroleum exploration permit.
If:
an offer document specifies the balance of the amount that the applicant must pay to the Commonwealth for the grant of:
a special petroleum exploration permit; or
a section 181 petroleum production licence; and
the applicant has not paid that balance within the period applicable under column 2 of the table in subsection 260(1);
the application lapses at the end of that period.
Scope
(1) This section applies to a decision set out in the table, and the affected person in relation to that decision is set out in the table.
Consultation
Before making the decision, the Joint Authority must:
by written notice given to the affected person, give at least 30 days notice of the Joint Authority’s intention to make the decision; and
give a copy of the notice to such other persons (if any) as the Joint Authority thinks fit.
The notice must:
set out details of the decision that is proposed to be made; and
set out the reasons for the proposal; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Joint Authority about the proposal; and
specify a time limit for making that submission.
Note: All communications to the Joint Authority are to be made through the Titles Administrator—see section 63.
In deciding whether to make the decision, the Joint Authority must take into account any submissions made in accordance with the notice.
Scope
This section applies to the following applications:
an application under subsection 100(1) for approval to carry on one or more key petroleum operations under a declared petroleum exploration permit;
an application under section 137 for approval to carry on one or more key petroleum operations under a declared petroleum retention lease;
an application under subsection 163(1) for approval to carry on one or more key petroleum operations under a declared petroleum production licence;
where either or both of the following are relevant to the responsible Commonwealth Minister’s decision on the application:
the existence or non-existence of a designated agreement;
the terms of a designated agreement.
Report about negotiations
The responsible Commonwealth Minister may, by written notice given to the applicant, require the applicant to give to the responsible Commonwealth Minister, within the period specified in the notice, a written report about negotiations, or attempts at negotiations, relating to:
the entering into of the designated agreement; and
the terms of the designated agreement.
Consequences of breach of requirement
If the applicant breaches the requirement, the responsible Commonwealth Minister may, by written notice given to the applicant:
refuse to consider the application; or
refuse to take any action, or any further action, in relation to the application.
Subsection (3) has effect despite any provision of this Act that requires the responsible Commonwealth Minister to:
consider the application; or
take any particular action in relation to the application.
When the conditions of a title may be the subject of a variation, suspension or exemption
This section applies if an event specified in the table happens, or a circumstance specified in the table exists:
An application under item 1 of the table in subsection (1) for a variation of any of the conditions to which a permit, lease or licence is subject may be set out in the same document as an application under that item for a suspension of any of the conditions to which the permit, lease or licence is subject.
Variation, suspension or exemption
The Joint Authority may, by written notice given to the permittee, lessee or licensee:
vary; or
suspend; or
exempt the permittee, lessee or licensee from compliance with;
any of the conditions to which the permit, lease, or licence is subject, on such conditions (if any) as are specified in the notice.
(2AA) In making a decision under subsection (2), the Joint Authority may have regard to:
whether the technical advice and financial resources available to the permittee, lessee or licensee are sufficient to:
carry out the operations and works that will be authorised by the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and
any other matters prescribed by the regulations; and
any other matters the Joint Authority considers relevant.
A variation under subsection (2) may be in the same notice as a suspension under that subsection.
Subsection (2) does not authorise the giving of a notice to the extent that it would affect a condition of a petroleum exploration permit, petroleum retention lease or petroleum production licence requiring compliance with the Royalty Act.
Notice of refusal of application
If:
an application is made under item 1 of the table in subsection (1); and
the Joint Authority refuses the application;
the Joint Authority must:
by written notice given to the applicant, notify the applicant of the refusal; and
do so as soon as practicable after the refusal.
When variation takes effect
(4) A variation of a petroleum production licence, infrastructure licence or pipeline licence under this section takes effect on the day on which notice of the variation is published in the Gazette.
A variation of a petroleum exploration permit or petroleum retention lease under this section takes effect on the day on which notice of the variation is given to the permittee or lessee.
Scope
This section applies if, under section 264, the Joint Authority decides to suspend any of the conditions to which a petroleum exploration permit or petroleum retention lease is subject.
Extension of term
If the Joint Authority considers that the circumstances make it reasonable to do so, the Joint Authority may extend the term of the permit or lease by a period that the Joint Authority considers appropriate.
In considering what period of extension may be appropriate, the Joint Authority must have regard to:
the length of the period of suspension; and
such other matters (if any) as the Joint Authority considers relevant.
The extension may be:
in the notice of suspension; or
by a later written notice given to the permittee or lessee.
Subsection (2) has effect subject to this Chapter but despite:
in the case of a petroleum exploration permit—section 102; and
in the case of a petroleum retention lease—section 139.
If:
a petroleum exploration permittee or a petroleum retention lessee applies for a suspension of any of the conditions to which the permit or lease is subject; and
the permit or lease would, apart from this subsection, expire before the Joint Authority makes a decision on the application;
the permit or lease continues in force until the Joint Authority makes a decision on the application.
If the Joint Authority refuses the application, the permit or lease continues in force until the end of:
the period of 2 months that began when notice of the refusal was given to the permittee or lessee; or
such longer period as the Joint Authority allows.
If a petroleum exploration permit or a petroleum retention lease continues in force during a period under subsection (2), the permittee or lessee is not entitled to make an application during that period for a suspension of any of the conditions to which the permit or lease is subject.
Subsections (1) and (2) have effect subject to this Chapter but despite:
in the case of a petroleum exploration permit—section 102; and
in the case of a petroleum retention lease—section 139.
Note: See the notes at the end of sections 102 and 139.
Suspension of rights
If the Joint Authority is satisfied that it is necessary to do so in the national interest, the Joint Authority must, by written notice given to a petroleum exploration permittee or petroleum retention lessee, suspend, either:
for a specified period; or
indefinitely;
any or all of the rights conferred by the permit or lease.
Note: See also section 780 (compensation for acquisition of property).
If any rights are suspended under subsection (1), any conditions that must be complied with in the exercise of those rights are also suspended.
Termination of suspension
The Joint Authority may, by written notice given to the permittee or lessee, terminate a suspension of rights under subsection (1).
Scope
This section applies if rights conferred by a petroleum exploration permit or petroleum retention lease are suspended under section 266.
Extension of term
The Joint Authority may extend the term of the permit or lease by a period not more than the period of the suspension.
The extension may be:
in the notice of suspension; or
by a later written notice given to the permittee or lessee.
Scope
This section applies if:
(a) a State/Territory title has been granted by a State or the Northern Territory on the basis that an area (the relevant area) is within the coastal waters of the State or Territory; and
as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:
ceases to be within the coastal waters of the State or Territory; and
falls within the offshore area of the State or Territory; and
either:
the conditions set out in subsection (2) are satisfied; or
the conditions set out in subsection (3) are satisfied; and
immediately before the relevant time mentioned in whichever of subsection (2) or (3) is applicable:
the State/Territory title was held by the registered holder of a Commonwealth title that corresponds to the State/Territory title; and
at least one section 33 block covered by the Commonwealth title immediately adjoined at least one other section 33 block that was covered by the State/Territory title and that is in the relevant area; and
before the relevant time mentioned in whichever of subsection (2) or (3) is applicable:
the holder of the State/Territory title; and
the registered holder of the Commonwealth title;
gave the Joint Authority a written notice electing to accept the variation under this section of the Commonwealth title.
Note: For when a Commonwealth title corresponds to a State/Territory title, see subsection (12).
The conditions mentioned in subparagraph (1)(c)(i) are:
one or more, but not all, of the section 33 blocks that were covered by the State/Territory title immediately before the change are in the relevant area; and
(b) the title subsequently ceases to be in force at the same time (the relevant time):
as to all of the section 33 blocks that were covered by the title immediately before the change and that are in the coastal waters of the State or Territory; and
otherwise than as the result of the cancellation or surrender of the title.
The conditions mentioned in subparagraph (1)(c)(ii) are:
all of the section 33 blocks that were covered by the State/Territory title immediately before the change are in the relevant area; and
(b) the title subsequently ceases to be in force at the same time (the relevant time):
as to all of the section 33 blocks that were covered by the title immediately before the change; and
otherwise than as the result of the cancellation or surrender of the title.
Relevant Commonwealth title
(4) If the conditions set out in paragraphs (1)(d) and (e) are met by only one Commonwealth title, that title is the relevant Commonwealth title for the purposes of this section.
(5) If the conditions set out in paragraphs (1)(d) and (e) would, apart from this subsection, be met by 2 or more Commonwealth titles that have the same registered holder, the Joint Authority must, by written notice given to the registered holder, declare that one of those titles is the relevant Commonwealth title for the purposes of this section.
Variation of relevant Commonwealth title
If the relevant Commonwealth title is a petroleum exploration permit:
the Titles Administrator must, by written notice given to the permittee, vary the permit to include in the permit area all of the section 33 blocks that:
correspond to the section 33 blocks that were covered by the State/Territory title immediately before the change; and
are in the offshore area of the State or Territory; and
the section 33 blocks included in the permit area because of the variation are, for the remainder of the term of the permit, blocks in relation to which the permit is in force.
If the relevant Commonwealth title is a petroleum retention lease:
the Titles Administrator must, by written notice given to the lessee, vary the lease to include in the lease area all of the section 33 blocks that:
correspond to the section 33 blocks that were covered by the State/Territory title immediately before the change; and
are in the offshore area of the State or Territory; and
the section 33 blocks included in the lease area because of the variation are, for the remainder of the term of the lease, blocks in relation to which the lease is in force.
If the relevant Commonwealth title is a fixed-term petroleum production licence:
the Titles Administrator must, by written notice given to the licensee, vary the licence to include in the licence area all of the section 33 blocks that:
correspond to the section 33 blocks that were covered by the State/Territory title immediately before the change; and
are in the offshore area of the State or Territory; and
the section 33 blocks included in the licence area because of the variation are, for the remainder of the term of the licence, blocks in relation to which the licence is in force.
Paragraphs (6)(b), (7)(b) and (8)(b) have effect subject to this Chapter.
A variation under paragraph (6)(a), (7)(a) or (8)(a) takes effect immediately after the relevant time mentioned in whichever of subsection (2) or (3) is applicable.
When a block immediately adjoins another block
For the purposes of this section, a section 33 block immediately adjoins another section 33 block if:
the graticular section that constitutes or includes that section 33 block and the graticular section that constitutes or includes that other section 33 block:
have a side in common; or
are joined together at one point only; or
that section 33 block and that other section 33 block are in the same graticular section.
When a Commonwealth title corresponds to a State/Territory title
For the purposes of this section:
a petroleum exploration permit granted otherwise than by way of renewal corresponds to a State/Territory petroleum exploration title granted otherwise than by way of renewal; and
a petroleum retention lease corresponds to a State/Territory petroleum retention title; and
a fixed-term petroleum production licence granted otherwise than by way of renewal corresponds to a fixed-term State/Territory petroleum production title granted otherwise than by way of renewal; and
a petroleum exploration permit granted by way of first renewal corresponds to a State/Territory petroleum exploration title granted by way of first renewal; and
a fixed-term petroleum production licence granted by way of first renewal corresponds to a fixed-term State/Territory petroleum production title granted by way of first renewal; and
a petroleum exploration permit granted by way of second renewal corresponds to a State/Territory petroleum exploration title granted by way of second renewal; and
a fixed-term petroleum production licence granted by way of second or subsequent renewal corresponds to a fixed-term State/Territory petroleum production title granted by way of second or subsequent renewal.
Deemed section 33 block
If, after the change to the boundary of the coastal waters of the State or Territory:
a part of a section 33 block that was covered by the State/Territory title immediately before the change is in the coastal waters of the State or Territory; and
the remaining part of the section 33 block is in the offshore area of the State or Territory;
then, for the purposes of this section (other than this subsection), each of those parts is taken to constitute, and to have always constituted, a section 33 block.
Definitions
In this section:
Commonwealth title means:
a petroleum exploration permit; or
a petroleum retention lease; or
a fixed-term petroleum production licence.
section 33 block means:
a block constituted as provided by section 33; or
if a graticular section is wholly within the area that was covered by the State/Territory petroleum title concerned—the graticular section; or
if a part only of a graticular section is within the area that was covered by the State/Territory petroleum title concerned—that part of the graticular section.
Note: See also subsection (13).
State/Territory title means:
a State/Territory petroleum exploration title; or
a State/Territory petroleum retention title; or
a fixed-term State/Territory petroleum production title.
When the conditions of a title may be the subject of a variation, suspension or exemption
This section applies if an event specified in the table happens, or a circumstance specified in the table exists:
Variation, suspension or exemption
The Titles Administrator may, by written notice given to the registered holder of the authority:
vary; or
suspend; or
exempt the registered holder from compliance with;
any of the conditions to which the authority is subject, on such conditions (if any) as are specified in the notice.
The table has effect:
An application under subsection (1) must be in writing.
Scope
This section applies if an application is made under section 269 for a consent.
Decision
The Joint Authority may, by written notice given to the applicant:
give consent; or
refuse to consent.
Criteria
The Joint Authority may consent to the surrender sought by the application only if the registered holder of the permit, lease or licence:
has paid all fees and amounts payable by the holder under the following:
this Act;
the Royalty Act;
section 10E of the Regulatory Levies Act;
or has made arrangements that are satisfactory to the Titles Administrator for the payment of those fees and amounts; and
has complied with the conditions to which the permit, lease or licence is subject and with the provisions of:
this Chapter; and
Chapter 4; and
Chapter 5A; and
Chapter 6; and
Part 7.1; and
the regulations; and
has:
to the satisfaction of NOPSEMA, removed or caused to be removed from the surrender area (defined by subsection (7)) all property brought into the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or
made arrangements that are satisfactory to NOPSEMA in relation to that property; and
has, to the satisfaction of NOPSEMA, plugged or closed off all wells made in the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; and
has provided, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the surrender area; and
has, to the satisfaction of NOPSEMA, made good any damage to the seabed or subsoil in the surrender area caused by any person engaged or concerned in the operations authorised by the permit, lease or licence;
but, if the registered holder has complied with those requirements, the Joint Authority must not unreasonably refuse consent to the surrender.
Paragraph (3)(e) has effect subject to:
this Chapter; and
Chapter 6; and
the regulations.
Sufficient grounds
Despite subsection (3), if:
any of:
the conditions to which the permit, lease or licence is subject; or
the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; or
the provisions of the regulations;
have not been complied with; and
the Joint Authority is satisfied that there are sufficient grounds to warrant the giving of consent to the surrender sought by the application;
the Joint Authority may give consent under subsection (2) to the surrender sought by the application.
Work-bid petroleum exploration permit—compliance with work condition
For the purposes of this section, if:
the application for consent relates to a work-bid petroleum exploration permit; and
a condition of the permit requires the registered holder to carry out specified work during a period specified in the permit; and
the application is made during such a period;
the registered holder of the permit is taken not to have complied with the condition unless the holder has completed the work specified for the period mentioned in paragraph (c).
Surrender area
(7) For the purposes of this section, the surrender area is worked out using the table:
Scope
This section applies if the Joint Authority consents under section 270 to:
the surrender, in whole or in part, of:
a petroleum exploration permit; or
a petroleum production licence; or
a pipeline licence; or
the surrender of:
a petroleum retention lease; or
an infrastructure licence.
Surrender
The registered holder of the permit, lease or licence may, by written notice given to the Titles Administrator, surrender the whole or the part, as the case may be, of the permit, lease or licence.
When surrender takes effect
(3) The surrender takes effect on the day on which notice of the surrender is published in the Gazette.
The registered holder of a petroleum special prospecting authority may, by written notice given to the Titles Administrator, surrender the petroleum special prospecting authority.
The registered holder of a petroleum access authority may, by written notice given to the Titles Administrator, surrender the petroleum access authority.
For the purposes of this Division, each of the following is a ground for cancelling a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence or pipeline licence:
the registered holder has not complied with a condition to which the permit, lease or licence is subject;
the registered holder has not complied with a direction given to the holder by the responsible Commonwealth Minister, NOPSEMA, the Titles Administrator or the Joint Authority under this Chapter, Chapter 6 or Part 7.1;
the registered holder has not complied with a provision of:
this Chapter; or
Chapter 4; or
Chapter 5A; or
Chapter 6; or
Part 7.1; or
the regulations;
the registered holder has not paid an amount payable by the holder under:
this Act; or
the Royalty Act; or
section 10E of the Regulatory Levies Act;
within the period of 90 days after the day on which the amount became payable;
a person has contravened subsection 566H(1), 566N(1), 566P(1) or 566ZA(1) in relation to the permit, lease or licence.
The table has effect:
Note: Consultation procedures apply—see section 276.
In exercising a power conferred by subsection (1), the Joint Authority must take into account any action taken by the registered holder:
to remove the ground of cancellation; or
to prevent the recurrence of similar grounds.
(3) A cancellation takes effect on the day on which notice of the cancellation is published in the Gazette.
Before making a decision under subsection 275(1), the Joint Authority must:
by written notice given to the registered holder, give at least 30 days notice of the Joint Authority’s intention to make the decision; and
give a copy of the notice to such other persons (if any) as the Joint Authority thinks fit.
The notice must:
set out details of the decision that is proposed to be made; and
set out the reasons for the proposal; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Joint Authority about the proposal; and
specify a time limit for making that submission.
Note: All communications to the Joint Authority are to be made through the Titles Administrator—see section 63.
In deciding whether to make the decision, the Joint Authority must take into account any submissions made in accordance with the notice.
Cancellation on ground of non-compliance
If:
the registered holder of a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence or pipeline licence has not complied with a provision of:
this Chapter; or
Chapter 4; or
Chapter 5A; or
Chapter 6; or
Part 7.1; or
the regulations; and
the holder has been convicted of an offence relating to that non-compliance;
the Joint Authority may exercise a power of cancellation under subsection 275(1) on the ground of that non-compliance, even though the holder has been convicted of that offence.
If:
a person has not complied with subsection 566N(1) or 566ZA(1) in relation to a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence or pipeline licence; and
the person has been convicted of an offence relating to that non-compliance;
the Joint Authority may exercise a power of cancellation under subsection 275(1) on the ground of that non-compliance, even though the person has been convicted of that offence.
If:
a person who was the registered holder of a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence or pipeline licence has not complied with a provision of:
this Chapter; or
Chapter 4; or
Chapter 5A; or
Chapter 6; or
Part 7.1; or
the regulations; and
the Joint Authority has exercised a power of cancellation under subsection 275(1) on the ground of that non-compliance;
the person may be convicted of an offence relating to the non-compliance, even though the Joint Authority has exercised that power of cancellation.
If:
a person has not complied with subsection 566N(1) or 566ZA(1) in relation to a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence or pipeline licence; and
the Joint Authority has exercised a power of cancellation under subsection 275(1) on the ground of that non-compliance;
the person may be convicted of an offence relating to the non-compliance, even though the Joint Authority has exercised that power of cancellation.
Cancellation on ground of non-payment
If:
the registered holder of a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence or pipeline licence has not paid an amount payable by the holder under:
this Act; or
the Royalty Act; or
section 10E of the Regulatory Levies Act;
within the period of 90 days after the day on which the amount became payable; and
either:
judgment for the amount has been obtained; or
the amount, or any part of the amount, has been paid or recovered;
the Joint Authority may exercise a power of cancellation under subsection 275(1) on the ground of that non-payment, even though:
judgment for the amount has been obtained; or
the amount, or a part of the amount, has been paid or recovered.
If:
a person who was the registered holder of a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence or pipeline licence has not paid an amount payable by the person under:
this Act; or
the Royalty Act; or
section 10E of the Regulatory Levies Act;
within the period of 90 days after the day on which the amount became payable; and
the Joint Authority has exercised a power of cancellation under subsection 275(1) on the ground of that non-payment;
the person continues to be liable to pay:
that amount; and
any late payment penalty relating to that amount;
even though the Joint Authority has exercised that power of cancellation.
If NOPSEMA reasonably believes that there is a ground for cancelling:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence; or
a pipeline licence;
NOPSEMA must notify the Titles Administrator of:
the belief; and
the reasons for the belief.
The Titles Administrator may, by written notice given to the registered holder of a petroleum special prospecting authority, cancel the petroleum special prospecting authority if the holder has breached a condition of the petroleum special prospecting authority.
If the following conditions are satisfied in relation to a particular block:
there is no petroleum exploration permit, petroleum retention lease or petroleum production licence over the block;
there is no place in the block that is an infrastructure licence area;
there is no pipeline over or in the block;
there are no pending applications for the grant of a petroleum exploration permit or petroleum production licence over the block;
there are no pending applications for the grant of an infrastructure licence relating to a place in the block;
there are no pending applications for the grant of a pipeline licence relating to a pipeline or proposed pipeline over or in the block;
the Joint Authority may, by notice published in the Gazette, declare that:
the block is not to be the subject of a petroleum exploration permit, petroleum retention lease, petroleum production licence, petroleum special prospecting authority or petroleum access authority; and
an infrastructure licence is not to be granted in relation to a place within the block; and
a pipeline licence is not to be granted in relation to a pipeline over or in the block.
If a declaration under subsection (1) is in force in relation to a block:
a petroleum exploration permit, petroleum retention lease, petroleum production licence, petroleum special prospecting authority or petroleum access authority must not be granted over that block; and
an infrastructure licence must not be granted in relation to a place within that block; and
a pipeline licence must not be granted in relation to a pipeline over or in that block.
Subsection (2) has effect despite any other provision of this Act.
Scope
This section applies to the following:
a petroleum exploration permit;
a petroleum retention lease;
a petroleum production licence;
an infrastructure licence;
a pipeline licence;
a petroleum special prospecting authority;
a petroleum access authority;
a petroleum scientific investigation consent.
Requirement
(2) A person (the first person) carrying on activities in an offshore area under the permit, lease, licence, authority or consent must carry on those activities in a manner that does not interfere with:
navigation; or
fishing; or
the conservation of the resources of the sea and seabed; or
any activities of another person being lawfully carried on by way of:
exploration for, recovery of or conveyance of a mineral (whether petroleum or not); or
construction or operation of a pipeline; or
offshore infrastructure activities (within the meaning of the Offshore Electricity Infrastructure Act 2021); or
(e) the enjoyment of native title rights and interests (within the meaning of the Native Title Act 1993);
to a greater extent than is necessary for the reasonable exercise of the rights and performance of the duties of the first person.
Offence
A person commits an offence if:
the person is subject to a requirement under subsection (2); and
the person engages in conduct; and
the person’s conduct breaches the requirement.
Penalty: 100 penalty units.
An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Civil penalty
A person is liable to a civil penalty if the person contravenes a requirement under subsection (2).
Civil penalty: 265 penalty units.
There must not be included in:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence; or
a pipeline licence; or
any other instrument under this Act;
a condition requiring the payment of money to NOPSEMA, the Titles Administrator, the Joint Authority or the Commonwealth.
Subsection (1) does not apply to an amount payable under the Royalty Act.
Scope
This section applies if the area in relation to which a title is in force includes one or more portions of a section 33 block.
Note: This would be the case (for example) if the boundaries of a title area do not conform to the graticular system established by this Act.
Portion of a block to be a block
For the purposes of this Act:
(a) the area of that portion or those portions constitutes a block (a type A block); and
(b) the area of the remaining portion or portions of the type B block).section 33 block (but not including any part of that area in relation to which another title is in force) constitutes a block (a
Amalgamation of portions of blocks
(3) If a title ceases to be in force in relation to a type A block (the first type A block), the Titles Administrator may, by written instrument, if the Titles Administrator considers it desirable to do so, determine that the first type A block be amalgamated with:
another type A block or blocks, so long as the following conditions are satisfied in relation to the other type A block or blocks:
the other type A block or blocks form part of the graticular section of which the first type A block forms part;
a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force in relation to the other type A block or blocks; or
both:
another type A block or blocks covered by paragraph (a); and
a type B block that forms part of the graticular section of which the first type A block forms part.
If a determination is made under subsection (3), then, for the purposes of this Act:
the blocks the subject of the determination cease to constitute blocks; and
the areas of those blocks together constitute a block; and
the block constituted as a result of the determination is, subject to this Act, for the remainder of the term of the permit, lease or licence concerned, a block in relation to which the permit, lease or licence is in force.
The Titles Administrator must not make a determination under subsection (3) except with the consent of the permittee, lessee or licensee concerned.
Definitions
In this section:
section 33 block means a block constituted as provided by section 33.
title means:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
a prescribed instrument.
Change to coastal waters boundary results in an area ceasing to be within the offshore area of a State or Territory
If:
(a) a Commonwealth title has been granted on the basis that an area (the first area) is within the offshore area of a State or the Northern Territory; and
as a result of a change to the boundary of the coastal waters of the State or Territory, the first area:
ceases to be within the offshore area of the State or Territory; and
falls within the coastal waters of the State or Territory;
this Act applies in relation to the Commonwealth title as if the first area were still within the offshore area in relation to the State or Territory.
Note: The offshore area of a State or Territory is defined by section 8.
Subsection (1) continues to apply to the first area only while the Commonwealth title remains in force.
Change to coastal waters boundary results in an area ceasing to be within the coastal waters of a State or Territory
If:
(a) a State/Territory title has been granted by a State or the Northern Territory on the basis that an area (the second area) is within the coastal waters of the State or Territory; and
as a result of a change to the boundary of the coastal waters of the State or Territory, the second area:
ceases to be within the coastal waters of the State or Territory; and
falls within the offshore area of the State or Territory;
then, so far as the State/Territory title is concerned, this Act does not apply to the second area.
Note: The offshore area of a State or Territory is defined by section 8.
Subsection (3) continues to apply to the second area only while the State/Territory title remains in force.
Application
This section applies to a change to the boundary of the coastal waters of a State or Territory, whether occurring before, at or after the commencement of this section.
Definitions
In this section:
Commonwealth title means:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence; or
a pipeline licence.
State/Territory title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, some or all of the rights that a Commonwealth title confers in relation to the offshore area of the State or Territory.
Note: The offshore area of a State or Territory is defined by section 8.
Scope
This section applies if petroleum is discovered in a petroleum exploration permit area, a petroleum retention lease area or a petroleum production licence area.
Notification
The permittee, lessee or licensee must inform the Titles Administrator of the discovery before the end of the 30-day period that began on the day of completion of the well that resulted in the discovery.
Subsection (2) does not apply if the petroleum is discovered by:
a greenhouse gas assessment permittee; or
a greenhouse gas holding lessee; or
a greenhouse gas injection licensee.
Offence
A person commits an offence of strict liability if:
the person is subject to a requirement under subsection (2); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 100 penalty units.
Note: For strict liability, see Criminal Code.section 6.1 of the
Civil penalty
A person is liable to a civil penalty if the person contravenes a requirement under subsection (2).
Civil penalty: 150 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
The maximum penalty for each day that an offence under subsection (5) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (5) is a continuing offence under Crimes Act 1914.section 4K of the
The maximum civil penalty for each day that a contravention of subsection (7) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (7) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Scope
This section applies if petroleum (other than petroleum from the Greater Sunrise unit reservoirs) is recovered:
by a petroleum exploration permittee in the permit area; or
by a petroleum retention lessee in the lease area; or
by a petroleum production licensee in the licence area.
Property
The petroleum becomes the property of the permittee, lessee or licensee.
The petroleum is not subject to any rights of other persons (other than a person to whom the permittee, lessee or licensee transfers, assigns or otherwise disposes of the petroleum or an interest in the petroleum).
Subsections (2) and (3) have effect subject to this Act.
Note: See also Division 3 of Part 1.2 (which deals with apportionment of petroleum recovered from adjoining title areas).
Scope
This section applies if an amount of petroleum is recovered at a particular time from a Greater Sunrise unit reservoir:
by a petroleum exploration permittee in the permit area; or
by a petroleum retention lessee in the lease area; or
by a petroleum production licensee in the licence area.
Property
The following provisions have effect:
the current apportionment percentage of the amount of petroleum becomes the property of the permittee, lessee or licensee;
property in the remainder of the amount of petroleum is determined under the Timor Sea Treaty;
the amount of petroleum is not subject to any rights of other persons (other than a person to whom the permittee, lessee or licensee transfers, assigns or otherwise disposes of the petroleum or an interest in the petroleum).
Subsection (2) has effect subject to this Act.
Definition
In this section:
current apportionment percentage, in relation to an amount of petroleum recovered at a particular time, means:
79.9%; or
if, before that time, the Apportionment Ratio set out in article 7 of the Greater Sunrise unitisation agreement has changed, at least once, because it has been:
redetermined due to a technical redetermination undertaken in accordance with paragraph 8(1) of the agreement; or
altered due to an agreement in accordance with paragraph 8(2) of the Greater Sunrise unitisation agreement;
the percentage of the production of petroleum from the Greater Sunrise unit reservoirs that is apportioned to Australia under the Greater Sunrise unitisation agreement immediately after the most recent change to the Apportionment Ratio.
Becoming a registered holder
If, at any time after the commencement of this section, a person becomes the registered holder, or one of the registered holders, of a petroleum title, the person must:
give the Titles Administrator and NOPSEMA notice of the following:
that the person is a registered holder of the petroleum title;
the person’s contact details; and
do so within 30 days after so becoming a registered holder.
Note: For contact details, see subsection (9).
Ceasing to be a registered holder otherwise than because of death
(3) If, at any time after the commencement of this section, a person ceases to be the registered holder, or one of the registered holders, of a petroleum title otherwise than because of the death of the person, the person must, within 30 days after the cessation, notify the Titles Administrator and NOPSEMA, in writing, of the cessation.
Death of a registered holder
If, at any time after the commencement of this section, a person who is the registered holder, or one of the registered holders, of a petroleum title dies, the person’s legal personal representative must, within 30 days after the death, notify the Titles Administrator and NOPSEMA, in writing, of the death.
Change of contact details of registered holder
If:
a person is the registered holder, or one of the registered holders, of a petroleum title; and
the person has given notice under this section of one or more contact details of the person; and
any or all of those contact details have changed;
the person must:
give the Titles Administrator and NOPSEMA notice of the following:
that the relevant contact details have changed;
the changed contact details; and
do so within 30 days after the change.
Note: For contact details, see subsection (9).
Approved form and manner
A notice under this section must be given in the approved form and in an approved manner.
The Titles Administrator must publish on the Titles Administrator’s website:
the form approved for the purposes of subsection (6); and
a copy of the instrument approving a manner for the purposes of that subsection.
Offence
A person commits an offence of strict liability if:
the person is subject to a requirement under subsection (2), (3), (4) or (5); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 50 penalty units.
Note: For strict liability, see Criminal Code.section 6.1 of the
Civil penalty
A person is liable to a civil penalty if the person contravenes a requirement under subsection (2), (3), (4) or (5).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
The maximum penalty for each day that an offence under subsection (7) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (7) is a continuing offence under Crimes Act 1914.section 4K of the
The maximum civil penalty for each day that a contravention of subsection (8A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (8A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Definitions
In this section:
approved means approved, in writing, by the Titles Administrator and the Chief Executive Officer of NOPSEMA.
contact details of a person includes the following:
the person’s name;
the address of:
the place of residence or business of the person; or
if the person is a body corporate—the head office, a registered office or a principal office of the body corporate;
the person’s telephone number;
the person’s fax number (if any);
the person’s email address;
(f) if the person is a body corporate that has an ACN (within the meaning of the Corporations Act 2001)—the ACN.
petroleum title means:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence; or
a pipeline licence; or
a petroleum special prospecting authority; or
a petroleum access authority.
The Joint Authority must cause to be published on the Department’s website any periods prescribed for the purposes of any of the following provisions:
subparagraph 143A(1)(b)(ii);
subparagraph 149A(1)(b)(ii);
subparagraph 155A(1)(b)(ii);
subparagraph 173A(2)(b)(ii);
subparagraph 183(8)(b)(ii);
subparagraph 186A(1)(b)(ii);
subparagraph 200A(1)(b)(ii);
subparagraph 205(3)(b)(ii);
subparagraph 226(6)(b)(ii).
If a Joint Authority contravenes any of the following provisions on one or more occasions during a financial year, the Titles Administrator must, within 60 days after the end of the financial year, prepare a report describing those contraventions:
subsection 143A(1);
subsection 149A(1);
subsection 155A(1);
subsection 173A(2);
subsection 183(8);
subsection 186A(1);
subsection 200A(1);
subsection 205(3);
subsection 226(6).
As soon as practicable after completing the preparation of the report, the Titles Administrator must give the report to the responsible Commonwealth Minister.
The responsible Commonwealth Minister must cause a copy of a report under subsection (1) to be tabled in each House of the Parliament within 15 sitting days after receiving the report.
Offshore Petroleum and Greenhouse Gas Storage Act 2006
No. 14, 2006
Compilation No. 60
Compilation date: 5 December 2025
Includes amendments: Act No. 73, 2025
This compilation is in 4 volumes
Volume 1: sections 1-286C
Volume 2: sections 287 - 565A
Volume 3: sections 566-791
Volume 4: Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that shows the text of the law as amended and in force on 5 December 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 3—Regulation of activities relating to injection and storage of greenhouse gas substances 1
Part 3.1—Introduction 1
287 Simplified outline 1
287A Application of this Chapter (and associated provisions) to bodies politic 2
Part 3.2—Greenhouse gas assessment permits 4
Division 1—General provisions 4
288 Simplified outline 4
289 Prohibition of unauthorised exploration for potential greenhouse gas storage formation, or potential greenhouse gas injection site, in offshore area 5
290 Rights conferred by greenhouse gas assessment permit 5
291 Conditions of greenhouse gas assessment permits—general 7
291A Conditions of cross-boundary greenhouse gas assessment permits 9
292 Approval by responsible Commonwealth Minister of key greenhouse gas operations—general 10
292A Approval by responsible Commonwealth Minister of key greenhouse gas operations carried on under a cross-boundary greenhouse gas assessment permit 14
293 Duration of greenhouse gas assessment permit 20
294 Extension of greenhouse gas assessment permit if permittee applies for a declaration of an identified greenhouse gas storage formation 25
295 Extension of greenhouse gas assessment permit (other than a cross-boundary greenhouse gas assessment permit) if permittee applies for a greenhouse gas holding lease or greenhouse gas injection licence 26
295A Extension of cross-boundary greenhouse gas assessment permit if permittee applies for a cross-boundary greenhouse gas holding lease or cross-boundary greenhouse gas injection licence 28
295B Permit area of a cross-boundary greenhouse gas assessment permit is taken to be included in the offshore area 29
Division 2—Obtaining a work-bid greenhouse gas assessment permit 31
Subdivision A—General provisions 31
296 Application for work-bid greenhouse gas assessment permit—advertising of blocks 31
297 Petroleum retention lessee or petroleum production licensee to be notified of proposal to advertise blocks 32
298 Grant of work-bid greenhouse gas assessment permit—offer document 33
299 Ranking of multiple applicants for work-bid greenhouse gas assessment permit 35
300 Grant of work-bid greenhouse gas assessment permit 37
301 Withdrawal of application 38
302 Effect of withdrawal or lapse of application 39
Subdivision B—Consolidated work-bid greenhouse gas assessment permits 41
302A Application for a consolidated work-bid greenhouse gas assessment permit 41
302B Grant of consolidated work-bid greenhouse gas assessment permit 43
302C Consequences of grant of consolidated work-bid greenhouse gas assessment permit 44
Division 3—Obtaining a cash-bid greenhouse gas assessment permit 45
303 Application for cash-bid greenhouse gas assessment permit 45
304 Petroleum retention lessee or petroleum production licensee to be notified of proposal to advertise blocks 46
305 Grant of cash-bid greenhouse gas assessment permit—only one application 47
306 Grant of cash-bid greenhouse gas assessment permit—2 or more applications 49
307 Grant of cash-bid greenhouse gas assessment permit 52
Division 3A—Obtaining a cross-boundary greenhouse gas assessment permit 54
307A Application for a cross-boundary greenhouse gas assessment permit 54
307B Grant of cross-boundary greenhouse gas assessment permit—offer document 57
307C Grant of cross-boundary greenhouse gas assessment permit 58
307D Consequences of grant of cross-boundary greenhouse gas assessment permit 59
Division 4—Renewal of greenhouse gas assessment permits 60
Subdivision A—Renewal of greenhouse gas assessment permits (other than cross-boundary greenhouse gas assessment permits) 60
308 Application for renewal of greenhouse gas assessment permit (other than a cross-boundary greenhouse gas assessment permit) 60
309 Renewal of greenhouse gas assessment permit—offer document 62
310 Refusal to renew greenhouse gas assessment permit 66
311 Renewal of greenhouse gas assessment permit 68
Subdivision B—Renewal of cross-boundary greenhouse gas assessment permits 69
311A Application for renewal of cross-boundary greenhouse gas assessment permit 69
311B Renewal of cross-boundary greenhouse gas assessment permit—offer document 71
311C Refusal to renew cross-boundary greenhouse gas assessment permit 74
311D Renewal of cross-boundary greenhouse gas assessment permit 76
Division 5—Declaration of identified greenhouse gas storage formation 77
312 Declaration of identified greenhouse gas storage formation—general 77
312A Declaration of identified greenhouse gas storage formation—cross-boundary 80
313 Variation of declaration of identified greenhouse gas storage formation 85
314 Revocation of declaration of identified greenhouse gas storage formation 87
315 Register of Identified Greenhouse Gas Storage Formations 88
Division 6—Directions 89
316 Responsible Commonwealth Minister may give directions to greenhouse gas assessment permittees 89
317 Compliance with directions 90
Part 3.3—Greenhouse gas holding leases 91
Division 1—General provisions 91
318 Simplified outline 91
319 Rights conferred by greenhouse gas holding lease 92
320 Conditions of greenhouse gas holding leases (other than cross-boundary greenhouse gas holding leases) 93
320A Conditions of cross-boundary greenhouse gas holding leases 95
321 Approval by responsible Commonwealth Minister of key greenhouse gas operations—general 96
321A Approval by responsible Commonwealth Minister of key greenhouse gas operations carried on under a cross-boundary greenhouse gas holding lease 100
322 Duration of greenhouse gas holding lease 106
323 Extension of greenhouse gas holding lease (other than a cross-boundary greenhouse gas holding lease) if lessee applies for a special greenhouse gas holding lease (other than a special cross-boundary greenhouse gas holding lease) or greenhouse gas injection licence (other than a cross-boundary greenhouse gas injection licence) 107
323A Extension of cross-boundary greenhouse gas holding lease if lessee applies for a special cross-boundary greenhouse gas holding lease or cross-boundary greenhouse gas injection licence 109
323B Lease area of a cross-boundary greenhouse gas holding lease is taken to be included in the offshore area 110
Division 2—Obtaining a greenhouse gas holding lease 112
Subdivision A—Application for greenhouse gas holding lease (other than a cross-boundary greenhouse gas holding lease) by the holder of a greenhouse gas assessment permit (other than a cross-boundary greenhouse gas assessment permit) 112
324 Application for greenhouse gas holding lease (other than a cross-boundary greenhouse gas holding lease) by the holder of a greenhouse gas assessment permit (other than a cross-boundary greenhouse gas assessment permit) 112
325 Grant of greenhouse gas holding lease—offer document 116
326 Refusal to grant greenhouse gas holding lease 118
327 Grant of greenhouse gas holding lease 119
328 Greenhouse gas assessment permit ceases to be in force when greenhouse gas holding lease comes into force 119
329 Greenhouse gas assessment permit transferred—transferee to be treated as applicant 120
Subdivision AA—Application for cross-boundary greenhouse gas holding lease by the holder of a cross-boundary greenhouse gas assessment permit 120
329A Application for cross-boundary greenhouse gas holding lease by the holder of a cross-boundary greenhouse gas assessment permit 120
329B Grant of cross-boundary greenhouse gas holding lease—offer document 124
329C Refusal to grant cross-boundary greenhouse gas holding lease 127
329D Grant of cross-boundary greenhouse gas holding lease 128
329E Greenhouse gas assessment permit ceases to be in force when cross-boundary greenhouse gas holding lease comes into force 128
329F Greenhouse gas assessment permit transferred—transferee to be treated as applicant 129
Subdivision B—Application for greenhouse gas holding lease (other than a cross-boundary greenhouse gas holding lease) by the holder of a greenhouse gas injection licence (other than a cross-boundary greenhouse gas injection licence) 129
330 Application for greenhouse gas holding lease (other than a cross-boundary greenhouse gas holding lease) by the holder of a greenhouse gas injection licence (other than a cross-boundary greenhouse gas injection licence) 129
331 Grant of greenhouse gas holding lease—offer document 131
332 Refusal to grant greenhouse gas holding lease 132
333 Grant of greenhouse gas holding lease 133
334 Greenhouse gas injection licence ceases to be in force when greenhouse gas holding lease comes into force 134
335 Greenhouse gas injection licence transferred—transferee to be treated as applicant 134
Subdivision BA—Application for cross-boundary greenhouse gas holding lease by the holder of a cross-boundary greenhouse gas injection licence 135
335A Application for cross-boundary greenhouse gas holding lease by the holder of a cross-boundary greenhouse gas injection licence 135
335B Grant of cross-boundary greenhouse gas holding lease—offer document 137
335C Refusal to grant cross-boundary greenhouse gas holding lease 138
335D Grant of cross-boundary greenhouse gas holding lease 139
335E Greenhouse gas injection licence ceases to be in force when greenhouse gas holding lease comes into force 139
335F Greenhouse gas injection licence transferred—transferee to be treated as applicant 140
Subdivision C—Application for special greenhouse gas holding lease (other than a special cross-boundary greenhouse gas holding lease) by an unsuccessful applicant for a greenhouse gas injection licence (other than a cross-boundary greenhouse gas injection licence) 141
336 Application for special greenhouse gas holding lease (other than a special cross-boundary greenhouse gas holding lease) by an unsuccessful applicant for a greenhouse gas injection licence (other than a cross-boundary greenhouse gas injection licence) 141
337 Grant of special greenhouse gas holding lease—offer document 143
337A Refusal to grant special greenhouse gas holding lease 144
338 Grant of special greenhouse gas holding lease 144
339 Greenhouse gas assessment permit ceases to be in force when special greenhouse gas holding lease comes into force 145
340 Ordinary greenhouse gas holding lease ceases to be in force when special greenhouse gas holding lease comes into force 145
341 Greenhouse gas assessment permit transfer—transferee to be treated as applicant 146
342 Greenhouse gas holding lease transfer—transferee to be treated as applicant 146
Subdivision CA—Application for special cross-boundary greenhouse gas holding lease by an unsuccessful applicant for a cross-boundary greenhouse gas injection licence 147
342A Application for special cross-boundary greenhouse gas holding lease by an unsuccessful applicant for a cross-boundary greenhouse gas injection licence 147
342B Grant of special cross-boundary greenhouse gas holding lease—offer document 149
342BA Refusal to grant special cross-boundary greenhouse gas holding lease 150
342C Grant of special cross-boundary greenhouse gas holding lease 151
342D Greenhouse gas assessment permit ceases to be in force when special cross-boundary greenhouse gas holding lease comes into force 152
342E Ordinary greenhouse gas holding lease ceases to be in force when special cross-boundary greenhouse gas holding lease comes into force 152
342F Greenhouse gas assessment permit transfer—transferee to be treated as applicant 152
342G Greenhouse gas holding lease transfer—transferee to be treated as applicant 153
Subdivision D—Application for greenhouse gas holding lease by the holder of a petroleum retention lease 153
343 Application for greenhouse gas holding lease by the holder of a petroleum retention lease 153
344 Grant of greenhouse gas holding lease—offer document 157
344A Refusal to grant greenhouse gas holding lease 158
345 Grant of greenhouse gas holding lease 159
346 Petroleum retention lease transfer—transferee to be treated as applicant 159
Division 3—Renewal of greenhouse gas holding leases 161
Subdivision A—Renewal of a greenhouse gas holding lease (other than a cross-boundary greenhouse gas holding lease) 161
347 Application for renewal of greenhouse gas holding lease (other than a cross-boundary greenhouse gas holding lease) 161
348 Renewal of greenhouse gas holding lease—offer document 163
349 Refusal to renew greenhouse gas holding lease 165
350 Renewal of greenhouse gas holding lease 168
Subdivision B—Renewal of a cross-boundary greenhouse gas holding lease 168
350A Application for renewal of a cross-boundary greenhouse gas holding lease 168
350B Renewal of cross-boundary greenhouse gas holding lease—offer document 171
350C Refusal to renew cross-boundary greenhouse gas holding lease 173
350D Renewal of cross-boundary greenhouse gas holding lease 176
Division 4—Directions 177
351 Responsible Commonwealth Minister may give directions to greenhouse gas holding lessees 177
352 Compliance with directions 178
Division 5—Special greenhouse gas holding lessee may be requested to apply for a greenhouse gas injection licence 179
353 Responsible Commonwealth Minister may request special greenhouse gas holding lessee to apply for a greenhouse gas injection licence 179
Division 5A—Special cross-boundary greenhouse gas holding lessee may be requested to apply for a cross-boundary greenhouse gas injection licence 180
353A Cross-boundary Authority may request special cross-boundary greenhouse gas holding lessee to apply for a cross-boundary greenhouse gas injection licence 180
Division 6—Cancellation of certain greenhouse gas holding leases granted to the holders of petroleum retention leases 181
354 Cancellation of certain greenhouse gas holding leases granted to the holders of petroleum retention leases 181
Part 3.4—Greenhouse gas injection licences 182
Division 1—General provisions 182
355 Simplified outline 182
356 Prohibition of unauthorised injection and storage of substances in offshore area 183
357 Rights conferred by greenhouse gas injection licence 184
358 Conditions of greenhouse gas injection licences—general 185
358A Conditions of cross-boundary greenhouse gas injection licences 190
359 Duration of greenhouse gas injection licence 193
360 Termination of greenhouse gas injection licence if no injection operations for 5 years 194
360A Licence area of a cross-boundary greenhouse gas injection licence is taken to be included in the offshore area 195
Division 2—Obtaining a greenhouse gas injection licence 197
Subdivision A—Application for greenhouse gas injection licence (other than a cross-boundary greenhouse gas injection licence) by the holder of a greenhouse gas assessment permit (other than a cross-boundary greenhouse gas assessment permit) or greenhouse gas holding lease (other than a cross-boundary greenhouse gas holding lease) 197
361 Application for greenhouse gas injection licence (other than a cross-boundary greenhouse gas injection licence) by greenhouse gas assessment permittee (other than a cross-boundary greenhouse gas assessment permittee) or greenhouse gas holding lessee (other than a cross-boundary greenhouse gas holding lessee) 197
362 Offer document 201
363 Refusal to grant greenhouse gas injection licence 210
364 Grant of greenhouse gas injection licence 210
365 Deferral of decision to grant greenhouse gas injection licence—pending application for post-commencement petroleum exploration permit 211
366 Greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force when greenhouse gas injection licence comes into force 212
367 Greenhouse gas assessment permit transfer—transferee to be treated as applicant 212
368 Greenhouse gas holding lease transfer—transferee to be treated as applicant 213
Subdivision AA—Application for cross-boundary greenhouse gas injection licence by the holder of a cross-boundary greenhouse gas assessment permit or cross-boundary greenhouse gas holding lease 213
368A Application for cross-boundary greenhouse gas injection licence by cross-boundary greenhouse gas assessment permittee or cross-boundary greenhouse gas holding lessee 213
368B Grant of cross-boundary greenhouse gas injection licence—offer document 217
368C Refusal to grant cross-boundary greenhouse gas injection licence 232
368D Grant of cross-boundary greenhouse gas injection licence 233
368E Deferral of decision to grant cross-boundary greenhouse gas injection licence—pending application for post-commencement petroleum exploration permit 234
368F Greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force when cross-boundary greenhouse gas injection licence comes into force 235
368G Greenhouse gas assessment permit transfer—transferee to be treated as applicant 235
368H Greenhouse gas holding lease transfer—transferee to be treated as applicant 236
Subdivision B—Application for greenhouse gas injection licence by the holder of a petroleum production licence 237
369 Application for greenhouse gas injection licence by the holder of a petroleum production licence 237
370 Grant of greenhouse gas injection licence—offer document 241
371 Refusal to grant greenhouse gas injection licence 244
372 Grant of greenhouse gas injection licence 245
373 Petroleum production licence transferred—transferee to be treated as applicant 245
Division 3—Variations 247
374 Variation of matters specified in greenhouse gas injection licence (other than a cross-boundary greenhouse gas injection licence)—general 247
374A Variation of matters specified in cross-boundary greenhouse gas injection licence—general 249
375 Variation of matters specified in greenhouse gas injection licence—declaration of identified greenhouse gas storage formation varied 251
Division 4—Directions 252
376 Responsible Commonwealth Minister may give greenhouse gas injection licensee directions to protect geological formations containing petroleum pools etc. 252
377 Consultation—directions 254
378 Compliance with directions 256
Division 5—Dealing with serious situations 258
379 Serious situation 258
380 Powers of responsible Commonwealth Minister to deal with serious situations 260
381 Consultation—directions to do something outside the licence area 263
382 Compliance with directions 265
Division 6—Protection of petroleum discovered in the title area of a pre-commencement petroleum title 266
383 Powers of responsible Commonwealth Minister to protect petroleum discovered in the title area of a pre-commencement petroleum title 266
384 Consultation—directions to do something outside the licence area 273
385 Compliance with directions 275
Division 7—Site closing certificates 276
386 Application for site closing certificate 276
387 Variation of application for site closing certificate 281
388 Issue of site closing certificate—pre-certificate notice 281
389 Acknowledgement of receipt of application for site closing certificate 284
390 Refusal to give pre-certificate notice 285
391 Pre-certificate notice—security etc. 285
392 Issue of site closing certificate 286
393 Greenhouse gas injection licence transferred—transferee to be treated as applicant 287
394 Duration of site closing certificate 287
395 Transfer of site closing certificate 287
396 Transfer of securities 288
397 Discharge of securities 288
398 Recovery of the Commonwealth’s costs and expenses 288
Division 8—Long-term liabilities 290
399 Closure assurance period 290
400 Indemnity—long-term liability 291
401 Commonwealth to assume long-term liability if licensee has ceased to exist 292
Part 3.5—Greenhouse gas search authorities 293
Division 1—General provisions 293
402 Simplified outline 293
403 Rights conferred by greenhouse gas search authority 294
404 Conditions of greenhouse gas search authorities 294
405 Duration of greenhouse gas search authority 294
406 Greenhouse gas search authority cannot be transferred 295
Division 2—Obtaining a greenhouse gas search authority 296
407 Application for greenhouse gas search authority 296
408 Grant or refusal of greenhouse gas search authority 296
409 Holders to be informed of the grant of another greenhouse gas search authority 297
410 Holders to be informed of the grant of a petroleum special prospecting authority 297
Part 3.6—Greenhouse gas special authorities 299
Division 1—General provisions 299
411 Simplified outline 299
412 Rights conferred by greenhouse gas special authority 299
413 Conditions of greenhouse gas special authorities 299
414 Duration of greenhouse gas special authority 300
Division 2—Obtaining a greenhouse gas special authority 301
415 Application for greenhouse gas special authority 301
416 Grant or refusal of greenhouse gas special authority 303
417 Consultation—grant of greenhouse gas special authority 303
Division 3—Variation of greenhouse gas special authorities 305
418 Variation of greenhouse gas special authority 305
419 Consultation—variation of greenhouse gas special authority 305
Division 4—Reporting obligations of holders of greenhouse gas special authorities 307
420 Reporting obligations of holders of greenhouse gas special authorities 307
Division 5—Revocation of greenhouse gas special authorities 308
421 Revocation of greenhouse gas special authority 308
Part 3.7—Greenhouse gas research consents 309
422 Simplified outline 309
423 Rights conferred by greenhouse gas research consent 309
424 Conditions of greenhouse gas research consents 310
425 Grant of greenhouse gas research consent 310
Part 3.8—Standard procedures 311
426 Application to be made in an approved manner 311
427 Application fee 311
428 Application may set out additional matters 312
429 Responsible Commonwealth Minister may require further information 313
429A Titles Administrator may require further information 314
430 Offer documents 315
431 Acceptance of offer—request by applicant (titles other than cross-boundary titles) 317
431A Acceptance of offer—request by applicant (cross-boundary titles) 320
432 Acceptance of offer—payment 322
433 Acceptance of offer—lodgment of security 322
434 Consultation—adverse decisions (general) 323
434A Consultation—adverse decisions (cross-boundary titles) 324
435 Responsible Commonwealth Minister may require information about negotiations for a designated agreement 325
Part 3.9—Variation, suspension and exemption 328
Division 1—Variation, suspension and exemption decisions relating to greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences 328
Subdivision A—General 328
436 Variation, suspension and exemption—conditions of titles 328
437 Extension of term of greenhouse gas assessment permit or greenhouse gas holding lease—suspension of conditions 332
437A Extension of term of greenhouse gas assessment permit or greenhouse gas holding lease pending decision on application for suspension of conditions 333
438 Suspension of rights—greenhouse gas assessment permit or greenhouse gas holding lease 334
439 Extension of term of greenhouse gas assessment permit or greenhouse gas holding lease—suspension of rights 335
Subdivision B—Cross-boundary titles 335
439A Variation, suspension and exemption—conditions of cross-boundary titles 335
439B Extension of term of cross-boundary greenhouse gas assessment permit or cross-boundary greenhouse gas holding lease—suspension of conditions 339
439C Extension of term of cross-boundary greenhouse gas assessment permit or cross-boundary greenhouse gas holding lease pending decision on application for suspension of conditions 340
Division 2—Variation, suspension and exemption decisions relating to greenhouse gas search authorities and greenhouse gas special authorities 342
440 Variation, suspension and exemption—conditions of greenhouse gas search authorities and greenhouse gas special authorities 342
Part 3.10—Surrender of titles 344
Division 1—Surrender of greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences 344
441 Application for consent to surrender title 344
442 Consent to surrender title 344
443 Surrender of title 349
Division 2—Surrender of greenhouse gas search authorities and greenhouse gas special authorities 350
444 Surrender of greenhouse gas search authority 350
445 Surrender of greenhouse gas special authority 350
Part 3.11—Cancellation of titles 351
Division 1—Cancellation of greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences 351
446 Grounds for cancellation of title 351
447 Cancellation of title 352
448 Consultation 354
449 Cancellation of title not affected by other provisions 354
449A NOPSEMA to notify the Titles Administrator of grounds for cancellation of title 357
Division 2—Cancellation of greenhouse gas search authorities 359
450 Cancellation of greenhouse gas search authority 359
Part 3.12—Other provisions 360
451 Notification of eligible greenhouse gas storage formation 360
451A Notification of eligible greenhouse gas storage formation—cross-boundary 362
451B Notification of eligible greenhouse gas storage formation—consolidation of work-bid greenhouse gas assessment permit 363
452 Notification of discovery of petroleum in greenhouse gas assessment permit area etc. 364
452A Notification requirements—registered holders of titles 365
453 Disposing of waste or other matter 368
454 Additional securities etc. 369
455 Transfer of securities 372
456 Discharge of securities 372
457 Approved site plans 373
458 Co-existence of greenhouse gas titles and petroleum titles 374
459 Reservation of blocks 376
460 Interference with other rights 377
461 No conditions about payment of money 378
461A Certain State/Territory blocks to be blocks for the purposes of this Act 379
462 Certain portions of blocks to be blocks 379
463 Changes to the boundary of the coastal waters of a State or Territory 382
464 Commonwealth may monitor the behaviour of a greenhouse gas substance stored in a part of a geological formation 383
465 Monitoring information may be made publicly available 383
Chapter 4—Registration of transfers of, and dealings in, petroleum titles 385
Part 4.1—Introduction 385
466 Simplified outline 385
467 Definitions 385
468 Dealing—series of debentures 386
Part 4.2—Register of titles and petroleum special prospecting authorities 387
469 Register to be kept 387
470 Entries in Register—general 387
471 Entry in Register—cessation, revocation or expiry of title 389
471A Notation in Register—applicable datum 390
Part 4.3—Transfer of titles 391
472 Approval and registration of transfers 391
473 Application for approval of transfer 391
474 Documents to accompany application 391
476 Time limit for application 392
477 Date of application to be entered in Register 392
478 Approval of transfer 393
479 Registration of transfer 394
480 Instrument of transfer does not create an interest in the title 395
481 Limit on effect of approval of transfers 395
Part 4.4—Devolution of title 396
482 Application to have name entered on the Register as the holder of a title 396
483 Entry of name in the Register 396
Part 4.5—Change in name of company 397
484 Application to have new name entered on the Register 397
485 Alteration in the Register 397
Part 4.6—Dealings relating to existing titles 398
486 Dealings to which this Part applies 398
487 Approval and registration of dealings 399
488 Application for approval of dealing 400
489 Documents to accompany application 400
491 Timing of application 401
492 Application date to be entered in Register 402
493 Approval of dealing 402
494 Entry of dealing in Register 403
495 Retention, inspection and return of instruments 404
496 Strict compliance with application provisions not required 405
497 Limit on effect of approval of dealing 406
Part 4.7—Dealings in future interests 407
498 Provisional application for approval of dealing 407
499 Documents to accompany provisional application 408
501 Timing of provisional application 409
502 Provisional application to be treated as an application under section 488 when title comes into existence 409
503 Limit on approval of dealing 410
Part 4.8—Correction and rectification of Register 411
504 Corrections of clerical errors or obvious defects 411
505 General power of correction of Register 411
506 Rectification of Register 412
Part 4.9—Information-gathering powers 414
507 Titles Administrator may obtain information from applicants 414
508 Titles Administrator may obtain information from a party to an approved dealing 416
509 Production and inspection of documents 418
510 Titles Administrator may retain documents 420
Part 4.10—Other provisions 421
511 Titles Administrator etc. not concerned with the effect of instrument lodged under this Chapter 421
513 Making a false entry in a Register 421
514 Falsified documents 421
515 Inspection of Register and instruments 422
516 Evidentiary provisions 422
516A Application fee 424
Chapter 5—Registration of transfers of, and dealings in, greenhouse gas titles 426
Part 5.1—Introduction 426
518 Simplified outline 426
519 Definitions 426
520 Dealing—series of debentures 427
Part 5.2—Register of titles and greenhouse gas search authorities 428
521 Register to be kept 428
522 Entries in Register—general 428
523 Entry in Register—cessation or expiry of title 430
523A Notation in Register—applicable datum 430
Part 5.3—Transfer of titles 431
524 Approval and registration of transfers 431
525 Application for approval of transfer 431
526 Documents to accompany application 431
527 Time limit for application 432
528 Date of application to be entered in Register 432
529 Approval of transfer 433
530 Registration of transfer 435
531 Instrument of transfer does not create an interest in the title 436
532 Limit on effect of approval of transfers 436
Part 5.4—Devolution of title 437
533 Application to have name entered on the Register as the holder of a title 437
534 Entry of name in the Register 437
Part 5.5—Change in name of company 438
535 Application to have new name entered on the Register 438
536 Alteration in the Register 438
Part 5.6—Dealings relating to existing titles 439
537 Dealings to which this Part applies 439
538 Approval and registration of dealings 440
539 Application for approval of dealing 440
540 Documents to accompany application 441
541 Timing of application 442
542 Application date to be entered in Register 443
543 Approval of dealing 443
544 Entry of dealing in Register 444
545 Retention, inspection and return of instruments 444
546 Strict compliance with application provisions not required 446
547 Limit on effect of approval of dealing 446
Part 5.7—Dealings in future interests 447
548 Provisional application for approval of dealing 447
549 Documents to accompany provisional application 448
550 Timing of provisional application 449
551 Provisional application to be treated as an application under section 539 when title comes into existence 450
552 Limit on approval of dealing 450
Part 5.8—Correction and rectification of Register 452
553 Corrections of clerical errors or obvious defects 452
554 General power of correction of Register 452
555 Rectification of Register 453
Part 5.9—Information-gathering powers 455
556 Titles Administrator may obtain information from applicants 455
557 Titles Administrator may obtain information from a party to an approved dealing 456
558 Production and inspection of documents 458
559 Titles Administrator may retain documents 459
Part 5.10—Other provisions 461
560 Titles Administrator not concerned with the effect of instrument lodged under this Chapter 461
562 Making a false entry in the Register 461
563 Falsified documents 461
564 Inspection of Register and instruments 462
565 Evidentiary provisions 462
565A Application fee 464
The following is a simplified outline of this Chapter:
• This Chapter provides for the grant of the following titles:
a greenhouse gas assessment permit (see Part 3.2);
a greenhouse gas holding lease (see Part 3.3);
a greenhouse gas injection licence (see Part 3.4);
a greenhouse gas search authority (see Part 3.5);
a greenhouse gas special authority (see Part 3.6).
• A greenhouse gas assessment permit authorises the permittee to explore in the permit area for potential greenhouse gas storage formations and potential greenhouse gas injection sites.
• If an eligible greenhouse gas storage formation is identified in a greenhouse gas permit area, the responsible Commonwealth Minister may declare that the formation is an identified greenhouse gas storage formation.
• After the declaration of an identified greenhouse gas storage formation in a greenhouse gas permit area, the permittee may apply for a greenhouse gas holding lease or a greenhouse gas injection licence.
• A greenhouse gas holding lease is granted if the applicant is not currently in a position to inject and store a greenhouse gas substance, but is likely to be in such a position within 15 years. The lessee may apply for a greenhouse gas injection licence.
• A greenhouse gas injection licence authorises the licensee to carry out greenhouse gas injection and storage operations in the licence area.
• A greenhouse gas search authority authorises the holder to carry on operations in the authority area relating to the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites (but not to make a well).
• A greenhouse gas special authority authorises the holder to carry on certain greenhouse gas-related operations in the authority area (but not to make a well).
• Part 3.7 provides for the grant of greenhouse gas research consents. A greenhouse gas research consent authorises the holder to carry on greenhouse gas-related operations in the course of a scientific investigation.
The following provisions:
this Chapter and regulations made for the purposes of this Chapter;
the remaining provisions of this Act and the regulations, so far as they relate to:
this Chapter; or
exploring for a potential greenhouse gas storage formation; or
exploring for a potential greenhouse gas injection site; or
the injection of a greenhouse gas substance; or
the storage of a greenhouse gas substance;
apply, and are taken always to have applied, to the following bodies politic:
a State;
the Northern Territory.
Subsection (1) has effect in addition to section 35.
This Act does not make:
a State; or
the Northern Territory;
liable to a pecuniary penalty or to be prosecuted for an offence.
The protection in subsection (3) does not apply to an authority of:
a State; or
the Northern Territory.
The following is a simplified outline of this Part:
• It is an offence to explore in an offshore area for a potential greenhouse gas storage formation, or a potential greenhouse gas injection site, except:
under a greenhouse gas assessment permit; or
as otherwise authorised or required by or under this Act.
• This Part provides for:
the grant of greenhouse gas assessment permits over blocks in an offshore area; and
the grant of greenhouse gas assessment permits over blocks in an offshore area and State/Territory blocks in the coastal waters of a State or the Northern Territory.
• A greenhouse gas assessment permit authorises the permittee to explore in the permit area for potential greenhouse gas storage formations and potential greenhouse gas injection sites.
• There are 3 types of greenhouse gas assessment permits:
(a) a greenhouse gas assessment permit granted on the basis of work program bidding (a work-bid greenhouse gas assessment permit); and
(b) a greenhouse gas assessment permit granted on the basis of cash bidding (a cash-bid greenhouse gas assessment permit); and
(c) a greenhouse gas assessment permit granted over blocks in the offshore area and State/Territory blocks in the coastal waters of a State or the Northern Territory (a cross-boundary greenhouse gas assessment permit).
• If an eligible greenhouse gas storage formation is identified in a greenhouse gas permit area, the responsible Commonwealth Minister may declare that the formation is an identified greenhouse gas storage formation.
A person commits an offence if:
the person explores for:
a potential greenhouse gas storage formation; or
a potential greenhouse gas injection site; and
the exploration occurs in an offshore area.
Penalty: Imprisonment for 5 years.
Subsection (1) does not apply to conduct that is:
authorised by a greenhouse gas assessment permit; or
otherwise authorised or required by or under this Act.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.
A greenhouse gas assessment permit authorises the permittee, in accordance with the conditions (if any) to which the permit is subject:
to explore in the permit area for a potential greenhouse gas storage formation; and
to explore in the permit area for a potential greenhouse gas injection site; and
to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as the relevant well is situated in the permit area; and
to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation, so long as the injection of the stored greenhouse gas substance takes place at a well situated the permit area; and
to inject, on an appraisal basis:
air; or
petroleum; or
water;
into a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the relevant well is situated in the permit area; and
to store, on an appraisal basis:
air; or
petroleum; or
water;
in a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the injection of the stored air, petroleum or water takes place at a well situated in the permit area; and
with the written consent of the responsible Commonwealth Minister, to recover petroleum in the permit area for the sole purpose of appraising a discovery of petroleum that was made as an incidental consequence of:
the exploration authorised by paragraph (a) or (b); or
the injection authorised by paragraph (c) or (e); and
to carry on such operations, and execute such works, in the permit area as are necessary for those purposes.
The rights conferred on the permittee by subsection (1) are subject to this Act and the regulations.
If petroleum is recovered by the permittee in the permit area as authorised by paragraph (1)(g), the petroleum does not become the property of the permittee.
A greenhouse gas storage permit does not authorise the permittee to make a well outside the permit area.
This section does not apply to a cross-boundary greenhouse gas assessment permit.
The responsible Commonwealth Minister may grant a greenhouse gas assessment permit subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.
The conditions (if any) must be specified in the permit.
Approval of key greenhouse gas operations
A greenhouse gas assessment permit is subject to the condition that the permittee will not carry on key greenhouse gas operations under the permit unless:
the responsible Commonwealth Minister has approved the operations under section 292; and
the permittee complies with the conditions (if any) to which the approval is subject.
Securities
A greenhouse gas assessment permit is subject to the condition that, if the permittee is given a notice under section 454, the permittee will comply with the notice.
Work-bid greenhouse gas assessment permits
Any or all of the following conditions may be specified in a work-bid greenhouse gas assessment permit:
conditions requiring the permittee to carry out work in, or in relation to, the permit area (including conditions requiring the permittee to carry out the work during a period of 12 months or longer, or during periods each of which is 12 months or longer);
conditions relating to the amounts that the permittee must spend in carrying out such work;
conditions requiring the permittee to comply with directions that:
relate to the matters covered by paragraphs (a) and (b); and
are given in accordance with the permit.
Cash-bid greenhouse gas assessment permits
Despite subsection (1), a cash-bid greenhouse gas assessment permit must not be granted subject to conditions requiring the permittee to:
carry out work in, or in relation to, the permit area; or
spend particular amounts on the carrying out of work in, or in relation to, the permit area.
Other provisions
Despite subsection (2), the conditions mentioned in subsections (3) and (4) do not need to be specified in the permit.
Subsections (3), (4) and (5) do not limit subsection (1).
The Cross-boundary Authority may grant a cross-boundary greenhouse gas assessment permit subject to whatever conditions the Cross-boundary Authority thinks appropriate.
The conditions (if any) must be specified in the permit.
Approval of key greenhouse gas operations
A cross-boundary greenhouse gas assessment permit is subject to the condition that the permittee will not carry on key greenhouse gas operations under the permit unless:
the responsible Commonwealth Minister has approved the operations under section 292A; and
the permittee complies with the conditions (if any) to which the approval is subject.
Securities
A cross-boundary greenhouse gas assessment permit is subject to the condition that, if the permittee is given a notice under section 454, the permittee will comply with the notice.
Work to be carried out
Any or all of the following conditions may be specified in a cross-boundary greenhouse gas assessment permit:
conditions requiring the permittee to carry out work in, or in relation to, the permit area (including conditions requiring the permittee to carry out the work during a period of 12 months or longer, or during periods each of which is 12 months or longer);
conditions relating to the amounts that the permittee must spend in carrying out such work;
conditions requiring the permittee to comply with directions that:
relate to the matters covered by paragraphs (a) and (b); and
are given in accordance with the permit.
Other provisions
Despite subsection (2), the conditions mentioned in subsections (3) and (4) do not need to be specified in the permit.
Subsections (3), (4) and (5) do not limit subsection (1).
This section does not apply to a cross-boundary greenhouse gas assessment permit.
A greenhouse gas assessment permittee may apply to the responsible Commonwealth Minister for approval to carry on one or more key greenhouse gas operations under the permit.
If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
give the approval, with or without conditions to which the approval is subject; or
by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6), (7) and (8).
The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key greenhouse gas operations could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence.
If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit held by a person other than the applicant; or
an existing petroleum retention lease held by a person other than the applicant; or
an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
whether the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
if so—the terms of that agreement.
If:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
a future petroleum exploration permit over a block or blocks; or
a future petroleum retention lease over a block or blocks; or
a future petroleum production licence over a block or blocks; and
a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks; and
the petroleum exploration permit, petroleum retention lease or petroleum production licence is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
whether the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
if so—the terms of that agreement.
If any of those key greenhouse gas operations is:
an operation to inject, on an appraisal basis, a substance into a part of a geological formation; or
an operation to store, on an appraisal basis, a substance in a part of a geological formation;
the responsible Commonwealth Minister must have regard to the composition of the substance.
The responsible Commonwealth Minister must have regard to the public interest.
Subsections (4), (5), (6) and (7) do not limit subsection (8).
Subsections (4), (5), (6), (7) and (8) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Circumstances in which the approval must not be given
If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing pre-commencement petroleum title held by a person other than the applicant; or
an existing post-commencement petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless the registered holder of the pre-commencement petroleum title, or the post-commencement petroleum production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
If:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre-commencement petroleum title over a block or blocks; and
the existing pre-commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless the registered holder of the existing pre-commencement petroleum title has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
To avoid doubt, section 290 does not imply that a greenhouse gas assessment permittee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
For the purposes of this section, disregard a suspension of rights under section 266.
A cross-boundary greenhouse gas assessment permittee may apply to the responsible Commonwealth Minister for approval to carry on one or more key greenhouse gas operations under the permit.
If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
give the approval, with or without conditions to which the approval is subject; or
by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6), (7) and (8).
The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key greenhouse gas operations could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence; or
an existing State/Territory petroleum exploration title; or
an existing State/Territory petroleum retention title; or
an existing State/Territory petroleum production title; or
a future State/Territory petroleum exploration title; or
a future State/Territory petroleum retention title; or
a future State/Territory petroleum production title.
If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit held by a person other than the applicant; or
an existing petroleum retention lease held by a person other than the applicant; or
an existing petroleum production licence held by a person other than the applicant; or
an existing State/Territory petroleum exploration title held by a person other than the applicant; or
an existing State/Territory petroleum retention title held by a person other than the applicant; or
an existing State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
whether:
the registered holder of the petroleum exploration permit; or
the registered holder of the petroleum retention lease; or
the registered holder of the petroleum production licence; or
the holder of the State/Territory petroleum exploration title; or
the holder of the State/Territory petroleum retention title; or
the holder of the State/Territory petroleum production title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
if so—the terms of that agreement.
If:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
a future petroleum exploration permit over a block or blocks; or
a future petroleum retention lease over a block or blocks; or
a future petroleum production licence over a block or blocks; or
a future State/Territory petroleum exploration title over a State/Territory block or State/Territory blocks; or
a future State/Territory petroleum retention title over a State/Territory block or State/Territory blocks; or
a future State/Territory petroleum production title over a State/Territory block or State/Territory blocks; and
either:
a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks; or
a State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title is in force over the State/Territory block or any of the State/Territory blocks; and
the petroleum exploration permit, petroleum retention lease, petroleum production licence, State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
whether:
the registered holder of the petroleum exploration permit covered by subparagraph (b)(i); or
the registered holder of the petroleum retention lease covered by subparagraph (b)(i); or
the registered holder of the petroleum production licence covered by subparagraph (b)(i); or
the holder of the State/Territory petroleum exploration title covered by subparagraph (b)(ii); or
the holder of the State/Territory petroleum retention title covered by subparagraph (b)(ii); or
the holder of the State/Territory petroleum production title covered by subparagraph (b)(ii);
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
if so—the terms of that agreement.
If any of those key greenhouse gas operations is:
an operation to inject, on an appraisal basis, a substance into a part of a geological formation; or
an operation to store, on an appraisal basis, a substance in a part of a geological formation;
the responsible Commonwealth Minister must have regard to the composition of the substance.
The responsible Commonwealth Minister must have regard to the public interest.
Subsections (4), (5), (6) and (7) do not limit subsection (8).
Subsections (4), (5), (6), (7) and (8) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Circumstances in which the approval must not be given
If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing pre-commencement petroleum title held by a person other than the applicant; or
an existing post-commencement petroleum production licence held by a person other than the applicant; or
an existing pre-commencement State/Territory petroleum title held by a person other than the applicant; or
an existing post-commencement State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless:
the registered holder of the pre-commencement petroleum title; or
the registered holder of the post-commencement petroleum production licence; or
the holder of the pre-commencement State/Territory petroleum title; or
the holder of the post-commencement State/Territory petroleum production title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
If:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
a future pre-commencement petroleum title over a block or blocks; or
a future pre-commencement State/Territory petroleum title over a State/Territory block or State/Territory blocks; and
if subparagraph (a)(i) applies—the existing pre-commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant; and
if subparagraph (a)(ii) applies—the existing pre-commencement State/Territory petroleum title in force over the State/Territory block or any of the State/Territory blocks is held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless:
the registered holder of the existing pre-commencement petroleum title; or
the holder of the existing pre-commencement State/Territory petroleum title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
To avoid doubt, section 290 does not imply that a cross-boundary greenhouse gas assessment permittee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
For the purposes of this section, disregard a suspension of rights under:
section 266; or
a provision of a law of a State or Territory that corresponds to section 266.
The duration of a greenhouse gas assessment permit is worked out using the table:
Subsection (1) has effect subject to this Chapter.
Note 1: For a special rule about the extension of the duration of a greenhouse gas assessment permit if the permittee applies for a declaration of an identified greenhouse gas storage formation, see section 294.
Note 1AA: For a special rule about the extension of the duration of a greenhouse gas assessment permit pending a decision on an application for a consolidated work-bid greenhouse gas assessment permit, see subsection 302A(4).
Note 1AB: For a special rule about the extension of the duration of a greenhouse gas assessment permit pending a decision on an application for a cross-boundary greenhouse gas assessment permit, see subsection 307A(4).
Note 1A: For special rules about the extension of the duration of a greenhouse gas assessment permit pending a decision on a renewal application, see subsections 308(6) and 311A(9).
Note 2: For special rules about the extension of the duration of a greenhouse gas assessment permit if the permittee applies for a greenhouse gas holding lease or greenhouse gas injection licence, see sections 295 and 295A.
Note 2A: For a special rule about when a greenhouse gas assessment permit ceases to be in force following the grant of a consolidated work-bid greenhouse gas assessment permit, see section 302C.
Note 2B: For a special rule about when a greenhouse gas assessment permit ceases to be in force following the grant of a cross-boundary greenhouse gas assessment permit, see section 307D.
Note 3: For special rules about when a greenhouse gas assessment permit ceases to be in force following the grant of a greenhouse gas holding lease or greenhouse gas injection licence, see sections 328, 329E, 366 and 368F.
Note 4: For special rules about the extension of the duration of a greenhouse gas assessment permit following a suspension decision, see sections 437, 439 and 439B.
Note 4A: For special rules about the extension of the duration of a greenhouse gas assessment permit pending a suspension decision, see sections 437A and 439C.
Note 5: For the surrender of a greenhouse gas assessment permit, see Part 3.10.
Note 6: For the cancellation of a greenhouse gas assessment permit, see Part 3.11.
If:
a greenhouse gas assessment permit is in force; and
before the time when the permit would, apart from this subsection, expire, the permittee applies to the responsible Commonwealth Minister for a declaration of an identified greenhouse gas storage formation; and
if the declaration were made in accordance with the application, the identified greenhouse gas storage formation would be wholly situated in the permit area;
the permit continues in force until whichever is the latest of the following times:
if the responsible Commonwealth Minister makes a declaration of an identified greenhouse gas storage formation that is wholly situated in the permit area—the end of the period of 12 months after the day on which the declaration is made;
if the responsible Commonwealth Minister refuses to make a declaration of an identified greenhouse gas storage formation that is wholly situated in the permit area—the time when notice of the refusal is given to the permittee;
the time when the permit would, apart from this subsection, expire.
Subsection (1) has effect subject to this Chapter, but despite section 293.
Note: See the notes at the end of section 293.
If:
a greenhouse gas assessment permit (other than a cross-boundary greenhouse gas assessment permit) is in force over a block or blocks; and
before the time when the permit would, apart from this subsection, expire, the permittee applies to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease or greenhouse gas injection licence over the block or one or more of the blocks;
the table has effect:
Subsection (1) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
If:
a cross-boundary greenhouse gas assessment permit is in force over a block or blocks; and
before the time when the permit would, apart from this subsection, expire, the permittee applies to the Titles Administrator for the grant by the Cross-boundary Authority of a cross-boundary greenhouse gas holding lease or cross-boundary greenhouse gas injection licence over the block or one or more of the blocks;
the table has effect:
Subsection (1) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
Offshore area of a State
If any part of the permit area of a cross-boundary greenhouse gas assessment permit is included in the offshore area of a State, the whole of the permit area is taken, for all purposes of:
this Chapter and regulations made for the purposes of this Chapter; and
the remaining provisions of this Act and the regulations, so far as they relate to:
this Chapter; or
exploring for a potential greenhouse gas storage formation; or
exploring for a potential greenhouse gas injection site; or
the injection of a greenhouse gas substance; or
the storage of a greenhouse gas substance;
to be included in the offshore area of the State.
Principal Northern Territory offshore area
If any part of the permit area of a cross-boundary greenhouse gas assessment permit is included in the Principal Northern Territory offshore area, the whole of the permit area is taken, for all purposes of:
this Chapter and regulations made for the purposes of this Chapter; and
the remaining provisions of this Act and the regulations, so far as they relate to:
this Chapter; or
exploring for a potential greenhouse gas storage formation; or
exploring for a potential greenhouse gas injection site; or
the injection of a greenhouse gas substance; or
the storage of a greenhouse gas substance;
to be included in the Principal Northern Territory offshore area.
Subdivision A—General provisions
Invitation to apply for a greenhouse gas assessment permit
(1) The responsible Commonwealth Minister may, by notice published in the Gazette:
invite applications for the grant of a greenhouse gas assessment permit over the block, or any or all of the blocks, specified in the notice; and
specify a period within which applications may be made.
If the responsible Commonwealth Minister has published a notice under subsection 303(1) inviting applications for the grant of a greenhouse gas assessment permit over a block, the block must not be specified in a notice under subsection (1) of this section at any time during the period specified in the subsection 303(1) notice.
Note: Subsection 303(1) deals with cash-bid greenhouse gas assessment permits.
Application for greenhouse gas assessment permit
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the period specified in the notice published under subsection (1).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Attributes of blocks
The blocks specified in an application under this section must be blocks that are constituted by graticular sections that:
constitute a single area; and
are such that each graticular section in that area has a side in common with at least one other graticular section in that area.
Subsection (4) does not apply to applications if the responsible Commonwealth Minister, for reasons that the responsible Commonwealth Minister thinks sufficient, includes in the subsection (1) notice a direction that subsection (4) does not apply to those applications.
Scope
This section applies if:
the responsible Commonwealth Minister proposes to publish a notice under subsection 296(1) specifying a block that is the subject of a petroleum retention lease or petroleum production licence; and
at the time of the proposal, the lessee or licensee is entitled to make an application for the grant of a greenhouse gas holding lease, or a greenhouse gas injection licence, over the block.
Notification
The responsible Commonwealth Minister must, at least 60 days before the proposed publication of the subsection 296(1) notice, notify the lessee or licensee of the proposed publication.
Deferral of publication of notice
If, during the period:
beginning when the lessee or licensee is given the notification under subsection (2); and
ending at the end of the day before the day of proposed publication of the subsection 296(1) notice;
the lessee or licensee makes such an application, the responsible Commonwealth Minister must not publish the subsection 296(1) notice until:
the application lapses; or
the lessee or licensee withdraws the application; or
the responsible Commonwealth Minister refuses to grant the greenhouse gas holding lease or greenhouse gas injection licence.
Scope
This section applies if an application for the grant of a greenhouse gas assessment permit has been made under section 296.
Offer document
The responsible Commonwealth Minister may:
(a) give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas assessment permit over the block or blocks specified in the offer document; or
by written notice given to the applicant, refuse to grant a greenhouse gas assessment permit to the applicant.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
In deciding whether to give the applicant an offer document, the responsible Commonwealth Minister:
must have regard to the matters specified in subsection (2B); and
may have regard to any other matters the responsible Commonwealth Minister considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;
the matters specified in section 695YB as they apply to the applicant;
if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
Decision must be made within 12 months
The responsible Commonwealth Minister must make a decision under subsection (2) within 12 months after the end of the period specified in the relevant notice under subsection 296(1).
Scope
This section applies if:
the responsible Commonwealth Minister publishes a notice under subsection 296(1) inviting applications for the grant of a greenhouse gas assessment permit; and
at the end of the period specified in the notice, 2 or more applications have been made under section 296 for the grant of a greenhouse gas assessment permit over the same block or blocks.
Most deserving applicant may be given offer document
The responsible Commonwealth Minister may give an offer document under section 298 to whichever applicant, in the responsible Commonwealth Minister’s opinion, is most deserving of the grant of the greenhouse gas assessment permit.
In determining which of the applicants is most deserving of the grant of the greenhouse gas assessment permit, the responsible Commonwealth Minister must have regard to criteria made publicly available by the responsible Commonwealth Minister.
Criteria under subsection (3) must consist of, or include, criteria relating to proposals for work and expenditure in relation to the block or blocks concerned.
Criteria under subsection (3) may include criteria relating to any or all of the following matters:
economic matters;
commercial matters;
public interest matters.
Subsection (5) does not limit subsection (3).
Ranking of applicants
For the purposes of this section, the responsible Commonwealth Minister may rank the applicants in the order in which, in the responsible Commonwealth Minister’s opinion, they are deserving of the grant of the greenhouse gas assessment permit, with the most deserving applicant being ranked highest.
The responsible Commonwealth Minister may exclude from the ranking any applicant who, in the responsible Commonwealth Minister’s opinion, is not deserving of the grant of the greenhouse gas assessment permit.
Applicants who are equally deserving of the grant of the greenhouse gas assessment permit
If the responsible Commonwealth Minister:
has considered the information accompanying the applications; and
is of the opinion that 2 or more of the applicants are equally deserving of the grant of the greenhouse gas assessment permit;
the responsible Commonwealth Minister may, by written notice given to each of those applicants, invite them to give the responsible Commonwealth Minister:
(c) details (the work/expenditure details) of their proposals for additional work and expenditure in relation to the block or blocks concerned; and
any other information that is relevant in determining which of the applicants is most deserving of the grant of the greenhouse gas assessment permit.
A notice under subsection (9) must:
specify the kinds of work/expenditure details that the responsible Commonwealth Minister considers to be relevant in determining which of the applicants is most deserving of the grant of the greenhouse gas assessment permit; and
specify the kinds of other information that the responsible Commonwealth Minister considers to be relevant in determining which of the applicants is most deserving of the grant of the greenhouse gas assessment permit; and
specify the period within which the work/expenditure details and the other information must be given to the responsible Commonwealth Minister.
If an applicant gives work/expenditure details or other information to the responsible Commonwealth Minister, and those details are or that information is:
of a kind specified in the notice; and
given within the period specified in the notice;
the responsible Commonwealth Minister must have regard to the details or information in determining which of the applicants is most deserving of the grant of the greenhouse gas assessment permit.
Criteria
An instrument setting out criteria under subsection (3) is not a legislative instrument.
Note: See also section 302, which deals with the effect of the withdrawal or lapse of an application.
If:
an applicant has been given an offer document under section 298; and
the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must grant the applicant a greenhouse gas assessment permit over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
Scope
This section applies if the responsible Commonwealth Minister publishes a notice under subsection 296(1) inviting applications for the grant of a greenhouse gas assessment permit.
Withdrawal by single applicant
If a person has made an application, the person may, by written notice given to the responsible Commonwealth Minister, withdraw the application at any time before a greenhouse gas assessment permit is granted as a result of the application.
Withdrawal by all joint applicants
If 2 or more persons have made a joint application, all of those persons may, by written notice given to the responsible Commonwealth Minister, withdraw the application at any time before a greenhouse gas assessment permit is granted as a result of the application.
Withdrawal by one or more, but not all, joint applicants
If:
a joint application was made under section 296 for the grant of a greenhouse gas assessment permit; and
all of the joint applicants, by written notice given to the responsible Commonwealth Minister, tell the responsible Commonwealth Minister that one or more, but not all, of them, as specified in the notice, withdraw from the application;
then:
the application continues in force as if it had been made by the remaining applicant or applicants; and
if the responsible Commonwealth Minister had given the joint applicants an offer document in relation to the application—the responsible Commonwealth Minister is taken not to have given the offer document to the joint applicants.
Scope
This section applies if:
2 or more applications have been made under section 296 for the grant of a greenhouse gas assessment permit over the same block or blocks; and
one or more, but not all, of the applications are withdrawn or have lapsed.
Application is taken not to have been made
A withdrawn or lapsed application is taken not to have been made.
Offer document is taken not to have been given
If the responsible Commonwealth Minister gave an offer document in relation to a withdrawn or lapsed application, the responsible Commonwealth Minister is taken not to have given an offer document in relation to the withdrawn or lapsed application.
Request to grant greenhouse gas assessment permit
If the applicant, or one of the applicants, whose application had been withdrawn had requested the responsible Commonwealth Minister under section 431 to grant a greenhouse gas assessment permit to the applicant concerned, the request is taken not to have been made.
Discharge of security
If:
the offer document in relation to a withdrawn application specified the form and amount of a security to be lodged by the applicant; and
the applicant had lodged the security;
the security is discharged.
Refusal to grant greenhouse gas assessment permit
If the following conditions are satisfied in relation to a remaining applicant:
the responsible Commonwealth Minister had refused to grant a greenhouse gas assessment permit to the remaining applicant;
the responsible Commonwealth Minister did not exclude the remaining applicant from the ranking under subsection 299(8);
the refusal is taken not to have occurred.
Subdivision B—Consolidated work-bid greenhouse gas assessment permits
Scope
This section applies if:
(a) 2 work-bid greenhouse gas assessment permits (the existing work-bid greenhouse gas assessment permits) are in force; and
a person is the registered holder of the existing work-bid greenhouse gas assessment permits; and
the permit areas of the existing work-bid greenhouse gas assessment permits are in the same offshore area; and
at least one block of the permit area of one of the existing work-bid greenhouse gas assessment permits has a side in common with at least one block of the permit area of the other existing greenhouse gas assessment permit; and
neither of the existing work-bid greenhouse gas assessment permits is a cross-boundary greenhouse gas assessment permit; and
the person has informed the responsible Commonwealth Minister, under section 451B, that:
(i) a part of a geological formation is wholly situated in the area (the combined area) that consists of the combination of the permit areas of the existing work-bid greenhouse gas assessment permits; and
the part extends to the permit area of each existing work-bid greenhouse gas assessment permit; and
the person has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation; and
there is no identified greenhouse gas storage formation that is wholly situated within the permit area of either of the existing work-bid greenhouse gas assessment permits.
Application
The person may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas assessment permit over all the blocks in the permit areas of the existing work-bid greenhouse gas assessment permits.
An application under subsection (2) must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under subsection (2) is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before at least one of the existing work-bid greenhouse gas assessment permits expires.
For the purposes of subsection (3A), disregard the effect of subsection (4).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Extension of duration of existing work-bid greenhouse gas assessment permit pending decision on application
If:
the person makes an application under subsection (2) for a greenhouse gas assessment permit; and
one or both of the existing work-bid greenhouse gas assessment permits would, apart from this subsection, expire before the responsible Commonwealth Minister grants, or refuses to grant, a greenhouse gas assessment permit in response to the application;
that existing work-bid greenhouse gas assessment permit, or those existing work-bid greenhouse gas assessment permits, continue in force until the responsible Commonwealth Minister grants, or refuses to grant, a greenhouse gas assessment permit in response to the application.
Subsection (4) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
If an application for a greenhouse gas assessment permit has been made under section 302A, the responsible Commonwealth Minister may:
grant the greenhouse gas assessment permit; or
by written notice given to the applicant, refuse to grant a greenhouse gas assessment permit to the applicant.
In deciding whether to grant the greenhouse gas assessment permit to the applicant, the responsible Commonwealth Minister:
must have regard to the matters specified in subsection (3); and
may have regard to any other matters the responsible Commonwealth Minister considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;
any other matters prescribed by the regulations.
Scope
(1) This section applies if a greenhouse gas assessment permit (the new greenhouse gas assessment permit) is granted under section 302B over all the blocks in the permit areas of the existing work-bid greenhouse gas assessment permits mentioned in section 302A.
Termination of existing work-bid greenhouse gas assessment permits
The existing work-bid greenhouse gas assessment permits cease to be in force when the new greenhouse gas assessment permit comes into force.
Invitation to apply for a greenhouse gas assessment permit
(1) The responsible Commonwealth Minister may, by notice published in the Gazette:
invite applications by way of cash bidding for the grant of a greenhouse gas assessment permit over the block or blocks specified in the notice; and
specify a period within which applications may be made.
If the responsible Commonwealth Minister has published a notice under subsection 296(1) inviting applications for the grant of a greenhouse gas assessment permit over a block, the block must not be specified in a notice under subsection (1) of this section at any time during the period specified in the subsection 296(1) notice.
Note: Subsection 296(1) deals with work-bid greenhouse gas assessment permits.
A notice under subsection (1) must:
contain a summary of the conditions to which the permit will be subject; and
specify the matters that the responsible Commonwealth Minister will take into account in deciding whether to reject an application.
If a notice under subsection (1) specifies more than one block, those blocks must be constituted by graticular sections that:
constitute a single area; and
are such that each graticular section in that area has a side in common with at least one other graticular section in that area.
Application for greenhouse gas assessment permit
If a notice under subsection (1) specifies more than one block, an application under this section must be for a greenhouse gas assessment permit over all of the specified blocks.
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form; and
specify the amount that the applicant would be prepared to pay for the grant of the permit.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the period specified in the notice published under subsection (1).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Scope
This section applies if:
the responsible Commonwealth Minister proposes to publish a notice under subsection 303(1) specifying a block that is the subject of a petroleum retention lease or petroleum production licence; and
at the time of the proposal, the lessee or licensee is entitled to make an application for the grant of a greenhouse gas holding lease, or a greenhouse gas injection licence, over the block.
Notification
The responsible Commonwealth Minister must, at least 60 days before the proposed publication of the subsection 303(1) notice, notify the lessee or licensee of the proposed publication.
Deferral of publication of notice
If, during the period:
beginning when the lessee or licensee is given the notification under subsection (2); and
ending at the end of the day before the day of proposed publication of the subsection 303(1) notice;
the lessee or licensee makes such an application, the responsible Commonwealth Minister must not publish the subsection 303(1) notice until:
the application lapses; or
the lessee or licensee withdraws the application; or
the responsible Commonwealth Minister refuses to grant the greenhouse gas holding lease or greenhouse gas injection licence.
Scope
This section applies if:
the responsible Commonwealth Minister publishes a notice under subsection 303(1) inviting applications for the grant of a greenhouse gas assessment permit over a block or blocks; and
at the end of the period specified in the notice, only one application has been made under section 303 in relation to the block or blocks.
Offer document
The responsible Commonwealth Minister may:
(a) give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas assessment permit over that block or those blocks; or
by written notice given to the applicant, reject the application.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
In deciding whether to give the applicant an offer document, the responsible Commonwealth Minister:
must have regard to:
the matters specified in the notice under paragraph 303(3)(b); and
the matters specified in subsection (4); and
may have regard to any other matters the responsible Commonwealth Minister considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;
the matters specified in section 695YB as they apply to the applicant;
if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
Scope
This section applies if:
the responsible Commonwealth Minister publishes a notice under subsection 303(1) inviting applications for the grant of a greenhouse gas assessment permit over a block or blocks; and
at the end of the period specified in the notice, 2 or more applications have been made under section 303 in relation to the block or blocks.
Rejection of applications
The responsible Commonwealth Minister may reject any or all of the applications.
Unrejected applications
If the responsible Commonwealth Minister does not reject all of the applications, the table has effect:
In deciding whether to give an offer document to the person referred to in column 3 of the table in subsection (3), the responsible Commonwealth Minister:
must have regard to:
the matters specified in the notice under paragraph 303(3)(b); and
the matters specified in subsection (3B); and
may have regard to any other matters the responsible Commonwealth Minister considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the person are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;
the matters specified in section 695YB as they apply to the person;
if the person is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
An offer document given to an applicant must tell the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas assessment permit over the block or blocks.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If an applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
If:
an applicant is given an offer document under this section; and
the application lapses as provided by section 431, 432 or 433; and
there are one or more remaining unrejected applications;
subsections (3) and (4) of this section apply in relation to the remaining unrejected applications.
Unsuccessful applications
If the responsible Commonwealth Minister does not give an offer document to an applicant, the responsible Commonwealth Minister must, by written notice given to the applicant, inform the applicant that the application was unsuccessful.
If:
an applicant has been given an offer document under section 305 or 306; and
the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
the applicant has paid the specified amount within the period applicable under section 432; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must grant the applicant a greenhouse gas assessment permit over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not paid the specified amount within the period applicable under section 432, the application lapses at the end of that period—see section 432.
Note 3: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
(2) For the purposes of this section, the specified amount is the amount specified in the offer document as the amount that the applicant must pay for the grant of the greenhouse gas assessment permit.
Scope
This section applies if:
(a) a greenhouse gas assessment permit (the existing greenhouse gas assessment permit) is in force; and
(b) the permittee is the holder of a State/Territory greenhouse gas assessment title (the existing State/Territory greenhouse gas assessment title); and
(c) at least one block of the permit area of the existing greenhouse gas assessment permit has a side in common with at least one State/Territory block of the relevant area of the State/Territory greenhouse gas assessment title; and
the permittee has informed the responsible Commonwealth Minister, under section 451A, that:
(i) a part of a geological formation is wholly situated in the area (the combined area) that consists of the combination of the permit area of the existing greenhouse gas assessment permit and the relevant area of the existing State/Territory greenhouse gas assessment title; and
the part extends to the permit area of the existing greenhouse gas assessment permit and the relevant area of the existing State/Territory greenhouse gas assessment title; and
the permittee has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation; and
there is no identified greenhouse gas storage formation that is wholly situated within the permit area of the existing greenhouse gas assessment permit; and
there is no State/Territory identified greenhouse gas storage formation that is wholly situated within the relevant area of the existing State/Territory greenhouse gas assessment title; and
if the existing greenhouse gas assessment permit is an original greenhouse gas assessment permit—the existing State/Territory greenhouse gas assessment title is an original State/Territory greenhouse gas assessment title; and
if the existing greenhouse gas assessment permit was granted by way of first renewal—the existing State/Territory greenhouse gas assessment title was granted by way of first renewal; and
if the existing greenhouse gas assessment permit was granted by way of second renewal—the existing State/Territory greenhouse gas assessment title was granted by way of second renewal; and
either:
in a case where the relevant area of the existing State/Territory greenhouse gas assessment title is in the coastal waters of a State—the State has a compatible cross-boundary law; or
in a case where the relevant area of the existing State/Territory greenhouse gas assessment title is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross-boundary law.
Application
(2) The permittee of the existing greenhouse gas assessment permit may apply to the Titles Administrator for the grant by the Cross-boundary Authority of a greenhouse gas assessment permit over:
all the blocks in the permit area of the existing greenhouse gas assessment permit; and
all the State/Territory blocks in the relevant area of the existing State/Territory greenhouse gas assessment title.
An application under subsection (2) for a greenhouse gas assessment permit must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under subsection (2) is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the earlier of the following:
the expiry date of the existing greenhouse gas assessment permit;
the expiry date of the existing State/Territory greenhouse gas assessment title.
For the purposes of subsection (3A), disregard the effect of subsection (4).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Extension of duration of existing greenhouse gas assessment permit pending decision on application
If:
the permittee of the existing greenhouse gas assessment permit makes an application under subsection (2) for a greenhouse gas assessment permit; and
(b) the existing greenhouse gas assessment permit would, apart from this subsection, expire:
before the Cross-boundary Authority grants, or refuses to grant, a greenhouse gas assessment permit in response to the application; or
before the application lapses as provided by section 431A;
the existing greenhouse gas assessment permit continues in force:
until the Cross-boundary Authority grants, or refuses to grant, a greenhouse gas assessment permit in response to the application; or
until the application so lapses;
whichever happens first.
Subsection (4) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
(6) For the purposes of the application to this Division of the definition of Cross-boundary Authority in section 7, the offshore area concerned is the offshore area in which the existing greenhouse gas assessment permit is situated.
Subsection (6) is enacted for the avoidance of doubt.
Scope
This section applies if an application for a greenhouse gas assessment permit has been made under section 307A.
Offer document
The Cross-boundary Authority may:
(a) give the applicant a written notice (called an offer document) telling the applicant that the Cross-boundary Authority is prepared to grant the greenhouse gas assessment permit; or
by written notice given to the applicant, refuse to grant a greenhouse gas assessment permit to the applicant.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
In deciding whether to give the applicant an offer document, the Cross-boundary Authority:
must have regard to the matters specified in subsection (4); and
may have regard to any other matters the Cross-boundary Authority considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;
any other matters prescribed by the regulations.
If:
an applicant for a greenhouse gas assessment permit has been given an offer document under section 307B; and
the applicant has made a request under section 431A in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the Cross-boundary Authority must grant the greenhouse gas assessment permit.
Note 1: If the applicant does not make a request under section 431A within the period applicable under that section, the application lapses at the end of that period—see subsection 431A(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
Scope
(1) This section applies if a greenhouse gas assessment permit (the new greenhouse gas assessment permit) is granted under section 307C over:
all the blocks in the permit area of the existing greenhouse gas assessment permit mentioned in section 307A; and
all the State/Territory blocks in the relevant area of the existing State/Territory greenhouse gas assessment title mentioned in section 307A.
Termination of existing greenhouse gas assessment permit
The existing greenhouse gas assessment permit ceases to be in force when the new greenhouse gas assessment permit comes into force.
Termination of State/Territory greenhouse gas assessment title
The State/Territory greenhouse gas assessment title ceases to be in force when the new greenhouse gas assessment permit comes into force.
Subdivision A—Renewal of greenhouse gas assessment permits (other than cross-boundary greenhouse gas assessment permits)
Scope—exclusion
(1AA) This section does not apply to a cross-boundary greenhouse gas assessment permit.
Application for renewal
The registered holder of a greenhouse gas assessment permit may apply to the responsible Commonwealth Minister for the renewal by the responsible Commonwealth Minister of the permit.
Despite subsection (1), an application to renew a consolidated work-bid greenhouse gas assessment permit must not be made if each of the existing work-bid greenhouse gas assessment permits mentioned in section 302A was granted by way of second renewal.
A greenhouse gas assessment permit cannot be renewed more than twice.
However, a consolidated work-bid greenhouse gas assessment permit cannot be renewed more than once if:
each of the existing work-bid greenhouse gas assessment permits mentioned in section 302A was granted by way of first renewal; or
both:
one of the existing work-bid greenhouse gas assessment permits mentioned in section 302A was granted by way of first renewal; and
the other existing work-bid greenhouse gas assessment permit mentioned in section 302A was granted by way of second renewal.
An application to renew a greenhouse gas assessment permit must be made:
not more than 12 months before the expiry date of the permit; and
at least 180 days before the expiry date of the permit.
Despite subsection (3), the responsible Commonwealth Minister may accept an application to renew a greenhouse gas assessment permit if the application is made:
later than 180 days before the expiry date of the permit; and
before the expiry date of the permit.
An application to renew a greenhouse gas assessment permit must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application to renew a greenhouse gas assessment permit is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the expiry date of the permit.
For the purposes of subsection (5A), disregard the effect of subsection (6).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Extension of duration of greenhouse gas assessment permit pending decision on application
If:
a greenhouse gas assessment permittee makes an application to renew the permit; and
the permit would, apart from this subsection, expire:
before the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the permit; or
before the application lapses as provided by section 431;
the permit continues in force:
until the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the permit; or
until the application so lapses;
whichever happens first.
Subsection (6) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
Scope
This section applies if an application to renew a greenhouse gas assessment permit has been made under section 308.
Offer document—compliance with conditions etc.
If:
each of the following has been complied with:
the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject;
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
the provisions of the regulations; and
during the period when the permit was in force, at least one notice was given under section 451 about a part of a geological formation wholly situated in the permit area; and
the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and
the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to renew the permit.
Offer document—non-compliance with conditions etc.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
If:
any of:
the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
the provisions of the regulations;
have not been complied with; and
in a case where:
the permit is a work-bid greenhouse gas assessment permit; and
the permit is subject to one or more conditions of the kind mentioned in subsection 291(5); and
one or more of those conditions have not been complied with;
the responsible Commonwealth Minister is satisfied that the non-compliance is attributable to unavoidable delays caused by the unavailability of essential services or essential equipment, or both; and
the responsible Commonwealth Minister is satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;
the responsible Commonwealth Minister may give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to renew the permit.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Without limiting paragraph (3)(c), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the permit, the responsible Commonwealth Minister must have regard to:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and
any other matters prescribed by the regulations.
Offer document—no section 451 notice
If:
each of the following has been complied with:
the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject;
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
the provisions of the regulations; and
during the period when the greenhouse gas assessment permit was in force, no notice under section 451 was given about a part of a geological formation wholly situated in the permit area; and
the responsible Commonwealth Minister is satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;
the responsible Commonwealth Minister may give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to renew the permit.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Without limiting paragraph (4)(c), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the permit, the responsible Commonwealth Minister must have regard to:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and
any other matters prescribed by the regulations.
Work program condition
For the purposes of this section, if:
the greenhouse gas assessment permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area during a particular period; and
the application for renewal of the permit was made during that period;
then, in determining whether the condition has been complied with, assume that the period had ended immediately before the application for renewal was made.
Scope
This section applies if an application to renew a greenhouse gas assessment permit has been made under section 308.
Refusal to renew
If:
any of:
the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
the provisions of the regulations;
have not been complied with; and
in a case where:
the permit is a work-bid greenhouse gas assessment permit; and
the permit is subject to one or more conditions of the kind mentioned in subsection 291(5); and
one or more of those conditions have not been complied with;
the responsible Commonwealth Minister is not satisfied that the non-compliance is attributable to unavoidable delays caused by the unavailability of essential services or essential equipment or both; and
the responsible Commonwealth Minister is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the permit.
Note: Consultation procedures apply—see section 434.
If:
each of the following has been complied with:
the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject;
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
the provisions of the regulations; and
during the period when the permit was in force, no notice was given under section 451 about a part of a geological formation wholly situated in the permit area; and
the responsible Commonwealth Minister is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the permit.
Note: Consultation procedures apply—see section 434.
The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the permit if the responsible Commonwealth Minister is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit.
Note: Consultation procedures apply—see section 434.
The responsible Commonwealth Minister may, by written notice given to the applicant, refuse to renew the permit if the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations.
Note: Consultation procedures apply—see section 434.
Work program condition
For the purposes of this section, if;
the greenhouse gas assessment permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area during a particular period; and
the application for renewal of the permit was made during that period;
then, in determining whether the condition has been complied with, assume that the period had ended immediately before the application for renewal was made.
If:
an applicant has been given an offer document under section 309; and
the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must renew the greenhouse gas assessment permit.
Subdivision B—Renewal of cross-boundary greenhouse gas assessment permits
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
Application for renewal
The registered holder of a cross-boundary greenhouse gas assessment permit may apply to the Titles Administrator for the renewal by the Cross-boundary Authority of the permit.
Despite subsection (1), an application to renew a cross-boundary greenhouse gas assessment permit must not be made unless:
in a case where part of the permit area is in the coastal waters of a State—the State has a compatible cross-boundary law; or
in a case where part of the permit area is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross-boundary law.
Despite subsection (1), an application to renew a cross-boundary greenhouse gas assessment permit must not be made if the existing greenhouse gas assessment permit referred to in section 307A was granted by way of second renewal.
A cross-boundary greenhouse gas assessment permit cannot be renewed more than twice.
However, a cross-boundary greenhouse gas assessment permit cannot be renewed more than once if the existing greenhouse gas assessment permit referred to in section 307A was granted by way of first renewal.
An application to renew a cross-boundary greenhouse gas assessment permit must be made:
not more than 12 months before the expiry date of the permit; and
at least 180 days before the expiry date of the permit.
Despite subsection (6), the Titles Administrator may accept an application to renew a cross-boundary greenhouse gas assessment permit if the application is made:
later than 180 days before the expiry date of the permit; and
before the expiry date of the permit.
An application to renew a cross-boundary greenhouse gas assessment permit must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application to renew a cross-boundary greenhouse gas assessment permit is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the expiry date of the permit.
For the purposes of subsection (8A), disregard the effect of subsection (9).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Extension of duration of cross-boundary greenhouse gas assessment permit pending decision on application
If:
a cross-boundary greenhouse gas assessment permittee makes an application to renew the permit; and
the permit would, apart from this subsection, expire:
before the Cross-boundary Authority grants, or refuses to grant, the renewal of the permit; or
before the application lapses as provided by section 431A;
the permit continues in force:
until the Cross-boundary Authority grants, or refuses to grant, the renewal of the permit; or
until the application so lapses;
whichever happens first.
Subsection (9) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
Scope
This section applies if an application to renew a cross-boundary greenhouse gas assessment permit has been made under section 311A.
Offer document—compliance with conditions etc.
If:
each of the following has been complied with:
the conditions to which the cross-boundary greenhouse gas assessment permit is, or has from time to time been, subject;
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
the provisions of the regulations; and
the Cross-boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and
the Cross-boundary Authority is satisfied of the matters (if any) prescribed by the regulations;
the Cross-boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross-boundary Authority is prepared to renew the permit, so long as:
in a case where part of the permit area is in the coastal waters of a State—the State has consented to the giving of the offer document; or
in a case where part of the permit area is in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Offer document—non-compliance with conditions etc.
If:
any of:
the conditions to which the cross-boundary greenhouse gas assessment permit is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
the provisions of the regulations;
have not been complied with; and
in a case where:
the permit is subject to one or more conditions of the kind mentioned in subsection 291A(5); and
one or more of those conditions have not been complied with;
the Cross-boundary Authority is satisfied that the non-compliance is attributable to unavoidable delays caused by the unavailability of essential services or essential equipment, or both; and
the Cross-boundary Authority is satisfied that there are sufficient grounds to warrant the granting of the renewal of the cross-boundary greenhouse gas assessment permit;
the Cross-boundary Authority may give the applicant a written notice (called an offer document) telling the applicant that the Cross-boundary Authority is prepared to renew the permit.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: See also section 76D.
Without limiting paragraph (3)(c), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the permit, the Cross-boundary Authority must have regard to:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and
any other matters prescribed by the regulations.
Work program condition
For the purposes of this section, if:
the cross-boundary greenhouse gas assessment permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area during a particular period; and
the application for renewal of the permit was made during that period;
then, in determining whether the condition has been complied with, assume that the period had ended immediately before the application for renewal was made.
Scope
This section applies if an application to renew a cross-boundary greenhouse gas assessment permit has been made under section 311A.
Refusal to renew
If:
any of:
the conditions to which the cross-boundary greenhouse gas assessment permit is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
the provisions of the regulations;
have not been complied with; and
in a case where:
the cross-boundary greenhouse gas assessment permit is subject to one or more conditions of the kind mentioned in subsection 291A(5); and
one or more of those conditions have not been complied with;
the Cross-boundary Authority is not satisfied that the non-compliance is attributable to unavoidable delays caused by the unavailability of essential services or essential equipment, or both; and
the Cross-boundary Authority is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the cross-boundary greenhouse gas assessment permit;
the Cross-boundary Authority must, by written notice given to the applicant, refuse to renew the permit.
Note: Consultation procedures apply—see section 434A.
The Cross-boundary Authority must, by written notice given to the applicant, refuse to renew the permit if the Cross-boundary Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the permit; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit.
Note: Consultation procedures apply—see section 434A.
The Cross-boundary Authority may, by written notice given to the applicant, refuse to renew the permit if the Cross-boundary Authority is not satisfied of the matters (if any) prescribed by the regulations.
Note: Consultation procedures apply—see section 434A.
Work program condition
For the purposes of this section, if:
the cross-boundary greenhouse gas assessment permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area during a particular period; and
the application for renewal of the permit was made during that period;
then, in determining whether the condition has been complied with, assume that the period had ended immediately before the application for renewal was made.
If:
an applicant has been given an offer document under section 311B; and
the applicant has made a request under section 431A in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the Cross-boundary Authority must renew the cross-boundary greenhouse gas assessment permit.
Note 1: If the applicant does not make a request under section 431A within the period applicable under that section, the application lapses at the end of that period—see subsection 431A(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
Scope
This section applies if:
a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, petroleum retention lease or petroleum production licence is in force; and
the permittee, lessee or licensee has reasonable grounds to believe that:
a part of a geological formation is an eligible greenhouse gas storage formation; and
that part is wholly situated in the permit area, lease area or licence area.
Application for declaration of identified greenhouse gas storage formation
The permittee, lessee or licensee may apply to the responsible Commonwealth Minister for the declaration of the part referred to in paragraph (1)(b) as an identified greenhouse gas storage formation.
An application under this section must set out:
the applicant’s reasons for believing that the part referred to in paragraph (1)(b) is an eligible greenhouse gas storage formation; and
assuming that the part referred to in paragraph (1)(b) is an eligible greenhouse gas storage formation:
the fundamental suitability determinants of the eligible greenhouse gas storage formation; and
an estimate of the spatial extent of the eligible greenhouse gas storage formation; and
such other information (if any) as is specified in the regulations.
An estimate of spatial extent must comply with such requirements as are specified in the regulations.
Requirement to give further information or carry out further analysis
The responsible Commonwealth Minister may, by written notice given to the applicant, require the applicant:
to give the responsible Commonwealth Minister, within the period specified in the notice, further information in connection with the application; or
to:
carry out such further analysis of relevant information as is specified in the notice; and
give the responsible Commonwealth Minister, within the period specified in the notice, a written report of the results of that analysis.
If the applicant breaches a requirement under subsection (5), the responsible Commonwealth Minister may, by written notice given to the applicant:
refuse to consider the application; or
refuse to take any action, or any further action, in relation to the application.
Variation of application
At any time before the responsible Commonwealth Minister makes a decision on an application under this section, the applicant may, by written notice given to the responsible Commonwealth Minister, vary:
any or all of the fundamental suitability determinants specified in the application; or
the spatial extent estimated in the application.
A variation of an application must be made in an approved manner.
A variation of an application may be made:
on the applicant’s own initiative; or
at the request of the responsible Commonwealth Minister.
If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (8).
Declaration
If:
an application is made under this section in relation to a part of a geological formation; and
the responsible Commonwealth Minister is satisfied that, using the fundamental suitability determinants set out in the application:
that part is an eligible greenhouse gas storage formation; and
the estimate of the spatial extent set out in the application is a reasonable estimate of the spatial extent of the eligible greenhouse gas storage formation;
the responsible Commonwealth Minister must, by writing:
(c) declare that part to be an identified greenhouse gas storage formation for the purposes of this Act; and
declare that, for the purposes of this Act, the spatial extent of the identified greenhouse gas storage formation is the spatial extent estimated in the application; and
(e) declare that the fundamental suitability determinants specified in the application are the fundamental suitability determinants of the identified greenhouse gas storage formation for the purposes of this Act.
A declaration under paragraph (11)(d) must set out the estimate of the spatial extent specified in the application.
A declaration under paragraph (11)(e) must set out the fundamental suitability determinants specified in the application.
(14) A copy of a declaration under subsection (11) must be published in the Gazette.
Refusal to make declaration
If:
an application is made under this section in relation to a part of a geological formation; and
the responsible Commonwealth Minister is not required by subsection (11) to make declarations under that subsection in relation to that part;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to declare that part to be an identified greenhouse gas storage formation.
Scope
This section applies if:
a cross-boundary greenhouse gas assessment permit is in force; and
the permittee has reasonable grounds to believe that:
a part of a geological formation is an eligible greenhouse gas storage formation; and
the part is wholly situated in the permit area; and
the part extends to the permit area of the precursor greenhouse gas assessment permit and the relevant area of the precursor State/Territory greenhouse gas assessment title; and
there is no identified greenhouse gas storage formation wholly situated within the permit area of the precursor greenhouse gas assessment permit; and
there is no State/Territory identified greenhouse gas storage formation wholly situated within the relevant area of the precursor State/Territory greenhouse gas assessment title.
Note 1: For precursor greenhouse gas assessment permit, see subsection (16).
Note 2: For precursor State/Territory greenhouse gas assessment title, see subsection (17).
Application for declaration of identified greenhouse gas storage formation
The permittee may apply to the responsible Commonwealth Minister for the declaration of the part referred to in paragraph (1)(b) as an identified greenhouse gas storage formation.
An application under this section must set out:
the applicant’s reasons for believing that the part referred to in paragraph (1)(b) is an eligible greenhouse gas storage formation; and
assuming that the part referred to in paragraph (1)(b) is an eligible greenhouse gas storage formation:
the fundamental suitability determinants of the eligible greenhouse gas storage formation; and
an estimate of the spatial extent of the eligible greenhouse gas storage formation; and
such other information (if any) as is specified in the regulations.
An estimate of spatial extent must comply with such requirements as are specified in the regulations.
Requirement to give further information or carry out further analysis
The responsible Commonwealth Minister may, by written notice given to the applicant, require the applicant:
to give the responsible Commonwealth Minister, within the period specified in the notice, further information in connection with the application; or
to:
carry out such further analysis of relevant information as is specified in the notice; and
give the responsible Commonwealth Minister, within the period specified in the notice, a written report of the results of that analysis.
If the applicant breaches a requirement under subsection (5), the responsible Commonwealth Minister may, by written notice given to the applicant:
refuse to consider the application; or
refuse to take any action, or any further action, in relation to the application.
Variation of application
At any time before the responsible Commonwealth Minister makes a decision on an application under this section, the applicant may, by written notice given to the responsible Commonwealth Minister, vary:
any or all of the fundamental suitability determinants specified in the application; or
the spatial extent estimated in the application.
A variation of an application must be made in an approved manner.
A variation of an application may be made:
on the applicant’s own initiative; or
at the request of the responsible Commonwealth Minister.
If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (8).
Declaration
If:
an application is made under this section in relation to a part of a geological formation; and
the responsible Commonwealth Minister is satisfied that, using the fundamental suitability determinants set out in the application:
that part is an eligible greenhouse gas storage formation; and
the estimate of the spatial extent set out in the application is a reasonable estimate of the spatial extent of the eligible greenhouse gas storage formation;
the responsible Commonwealth Minister must, by writing:
(c) declare that part to be an identified greenhouse gas storage formation for the purposes of this Act; and
declare that, for the purposes of this Act, the spatial extent of the identified greenhouse gas storage formation is the spatial extent estimated in the application; and
(e) declare that the fundamental suitability determinants specified in the application are the fundamental suitability determinants of the identified greenhouse gas storage formation for the purposes of this Act.
A declaration under paragraph (11)(d) must set out the estimate of the spatial extent specified in the application.
A declaration under paragraph (11)(e) must set out the fundamental suitability determinants specified in the application.
A copy of a declaration under subsection (11) must be published in the Gazette.
Refusal to make declaration
If:
an application is made under this section in relation to a part of a geological formation; and
the responsible Commonwealth Minister is not required by subsection (11) to make declarations under that subsection in relation to that part;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to declare that part to be an identified greenhouse gas storage formation.
Precursor greenhouse gas assessment permit
(16) For the purposes of this section, if an original cross-boundary greenhouse gas assessment permit was granted in response to an application under precursor greenhouse gas assessment permit in relation to:section 307A, the existing greenhouse gas assessment permit mentioned in section 307A is the
the original cross-boundary greenhouse gas assessment permit; and
a cross-boundary greenhouse gas assessment permit that was granted by way of the renewal of the original cross-boundary greenhouse gas assessment permit.
Precursor State/Territory greenhouse gas assessment title
(17) For the purposes of this section, if an original cross-boundary greenhouse gas assessment permit was granted in response to an application under precursor State/Territory greenhouse gas assessment title in relation to:section 307A, the existing State/Territory greenhouse gas assessment title mentioned in section 307A is the
the original cross-boundary greenhouse gas assessment permit; and
a cross-boundary greenhouse gas assessment permit that was granted by way of the renewal of the original cross-boundary greenhouse gas assessment permit.
Scope
This section applies if a declaration is in force under section 312 or 312A in relation to a part of a geological formation.
Variation of declaration
The responsible Commonwealth Minister may, by writing, vary the declaration.
A variation of the declaration may be made:
if the part is wholly situated in:
the permit area of a greenhouse gas assessment permit; or
the lease area of a greenhouse gas holding lease; or
the licence area of a greenhouse gas injection licence; or
the licence area of a petroleum production licence; or
the lease area of a petroleum retention lease;
on the application of the registered holder of the permit, lease or licence; or
on the responsible Commonwealth Minister’s own initiative.
Application for variation
An application for a variation of the declaration must:
set out the proposed variation; and
specify the reasons for the proposed variation.
Criteria
In deciding whether to vary the declaration, the responsible Commonwealth Minister must have regard to:
any new information; and
any new analysis; and
any relevant scientific or technological developments; and
such other matters (if any) as the responsible Commonwealth Minister considers relevant.
Consultation
Before varying a declaration under subsection (2) on the responsible Commonwealth Minister’s own initiative, the responsible Commonwealth Minister must consult:
if the part is wholly situated in the permit area of a greenhouse gas assessment permit—the permittee; or
if the part is wholly situated in the lease area of a greenhouse gas holding lease—the lessee; or
if the part is wholly situated in the licence area of a greenhouse gas injection licence—the licensee; or
if the part is wholly situated in the licence area of a petroleum production licence—the licensee; or
if the part is wholly situated in the lease area of a petroleum retention lease—the lessee.
Publication
(7) A copy of a variation under subsection (2) must be published in the Gazette.
Varied declarations
If a declaration in force under section 312 or 312A is varied, a reference in this Act to the declaration is a reference to the declaration as varied.
Scope
This section applies if a declaration is in force under section 312 or 312A in relation to a part of a geological formation.
Revocation of declaration
The responsible Commonwealth Minister may revoke the declaration if the responsible Commonwealth Minister is satisfied that, using any set of fundamental suitability determinants, the part is not an eligible greenhouse gas storage formation.
(3) A copy of a revocation under subsection (2) must be published in the Gazette.
Consultation
Before revoking a declaration under subsection (2), the responsible Commonwealth Minister must consult:
if the part is wholly situated in the permit area of a greenhouse gas assessment permit—the permittee; or
if the part is wholly situated in the lease area of a greenhouse gas holding lease—the lessee; or
if the part is wholly situated in the licence area of a greenhouse gas injection licence—the licensee; or
if the part is wholly situated in the licence area of a petroleum production licence—the licensee; or
if the part is wholly situated in the lease area of a petroleum retention lease—the lessee.
Responsible Commonwealth Minister must consider whether to vary a declaration
If the responsible Commonwealth Minister proposes to revoke a declaration under subsection (2), the responsible Commonwealth Minister must consider whether the responsible Commonwealth Minister should instead vary the declaration under section 313.
The responsible Commonwealth Minister is to maintain a register, to be known as the Register of Identified Greenhouse Gas Storage Formations, in which the responsible Commonwealth Minister includes particulars of:
declarations made under section 312 or 312A; and
variations of such declarations; and
revocations of such declarations.
The Register may be maintained by electronic means.
The Register is to be made available for inspection on the internet.
The Register is not a legislative instrument.
The responsible Commonwealth Minister may, by written notice given to a greenhouse gas assessment permittee, give the permittee a direction for the purpose of:
eliminating; or
mitigating; or
managing;
the risk that operations carried on under the permit could have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence.
A direction under this section has effect, and must be complied with, despite:
any previous direction under this section; and
anything in the regulations (other than prescribed regulations, or a prescribed provision of regulations, made under this Act) or the applied provisions.
A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
To avoid doubt, subsection (3) applies to an instrument, whether issued or made in Australia or outside Australia.
A direction under this section may prohibit the doing of an act or thing:
unconditionally; or
subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
A direction under this section is not a legislative instrument.
A person commits an offence if:
the person is given a direction under section 316; and
the person engages in conduct; and
the person’s conduct breaches the direction.
Penalty: 100 penalty units.
An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
The following is a simplified outline of this Part:
• This Part provides for the grant of greenhouse gas holding leases over blocks in an offshore area.
• A greenhouse gas holding lease authorises the lessee to explore in the lease area for potential greenhouse gas storage formations and potential greenhouse gas injection sites.
• A greenhouse gas holding lease may be granted to:
the holder of a greenhouse gas assessment permit; or
the holder of a greenhouse gas injection licence, where no greenhouse gas injection or permanent storage operations have been carried on under the licence; or
an unsuccessful applicant for a greenhouse gas injection licence; or
the holder of a petroleum retention lease.
• The main criteria for granting a greenhouse gas holding lease are:
an identified greenhouse gas storage formation is wholly situated in the lease area; and
the applicant is not currently in a position to inject and permanently store a greenhouse gas substance, but is likely to be in such a position within 15 years.
Note: See also section 295B (permit area of a cross-boundary greenhouse gas assessment permit is taken to be included in the offshore area).
A greenhouse gas holding lease authorises the lessee, in accordance with the conditions (if any) to which the lease is subject:
to explore in the lease area for a potential greenhouse gas storage formation; and
to explore in the lease area for a potential greenhouse gas injection site; and
to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as the relevant well is situated in the lease area; and
to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation, so long as the injection of the stored greenhouse gas substance takes place at a well situated in the lease area; and
to inject, on an appraisal basis:
air; or
petroleum; or
water;
into a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the relevant well is situated in the lease area; and
to store, on an appraisal basis:
air; or
petroleum; or
water;
in a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the injection of the stored air, petroleum or water takes place at a well situated in the lease area; and
with the written consent of the responsible Commonwealth Minister, to recover petroleum in the lease area for the sole purpose of appraising a discovery of petroleum that was made as an incidental consequence of:
the exploration authorised by paragraph (a) or (b); or
the injection authorised by paragraph (c) or (e); and
to carry on such operations, and execute such works, in the lease area as are necessary for those purposes.
The rights conferred on the lessee by subsection (1) are subject to this Act and the regulations.
If petroleum is recovered by the lessee in the lease area as authorised by paragraph (1)(g), the petroleum does not become the property of the lessee.
A greenhouse gas holding lease does not authorise the lessee to make a well outside the lease area.
This section does not apply to a cross-boundary greenhouse gas holding lease.
The responsible Commonwealth Minister may grant a greenhouse gas holding lease subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.
The conditions (if any) must be specified in the lease.
Approval of key greenhouse gas operations
A greenhouse gas holding lease is subject to the condition that the lessee will not carry on key greenhouse gas operations under the lease unless:
the responsible Commonwealth Minister has approved the operations under section 321; and
the lessee complies with the conditions (if any) to which the approval is subject.
Securities
A greenhouse gas holding lease is subject to the condition that, if the lessee is given a notice under section 454, the lessee will comply with the notice.
Work to be carried out by lessee
Any or all of the following conditions may be specified in a greenhouse gas holding lease:
conditions requiring the lessee to carry out work in, or in relation to, the lease area;
conditions about the amounts that the lessee must spend in carrying out such work;
conditions requiring the lessee to comply with directions that:
relate to the matters covered by paragraphs (a) and (b); and
are given in accordance with the lease.
Other provisions
Despite subsection (2), the conditions mentioned in subsections (3) and (4) do not need to be specified in the lease.
Subsections (3), (4) and (5) do not limit subsection (1).
The Cross-boundary Authority may grant a cross-boundary greenhouse gas holding lease subject to whatever conditions the Cross-boundary Authority thinks appropriate.
The conditions (if any) must be specified in the lease.
Approval of key greenhouse gas operations
A cross-boundary greenhouse gas holding lease is subject to the condition that the lessee will not carry on key greenhouse gas operations under the lease unless:
the responsible Commonwealth Minister has approved the operations under section 321A; and
the lessee complies with the conditions (if any) to which the approval is subject.
Securities
A cross-boundary greenhouse gas holding lease is subject to the condition that, if the lessee is given a notice under section 454, the lessee will comply with the notice.
Work to be carried out by lessee
Any or all of the following conditions may be specified in a cross-boundary greenhouse gas holding lease:
conditions requiring the lessee to carry out work in, or in relation to, the lease area;
conditions about the amounts that the lessee must spend in carrying out such work;
conditions requiring the lessee to comply with directions that:
relate to the matters covered by paragraphs (a) and (b); and
are given in accordance with the lease.
Other provisions
Despite subsection (2), the conditions mentioned in subsections (3) and (4) do not need to be specified in the lease.
Subsections (3), (4) and (5) do not limit subsection (1).
This section does not apply to a cross-boundary greenhouse gas holding lease.
A greenhouse gas holding lessee may apply to the responsible Commonwealth Minister for approval to carry on one or more key greenhouse gas operations under the lease.
If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
give the approval, with or without conditions to which the approval is subject; or
by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6), (7) and (8).
The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key greenhouse gas operations could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence.
If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit held by a person other than the applicant; or
an existing petroleum retention lease held by a person other than the applicant; or
an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
whether the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
if so—the terms of that agreement.
If:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
a future petroleum exploration permit over a block or blocks; or
a future petroleum retention lease over a block or blocks; or
a future petroleum production licence over a block or blocks; and
a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks; and
the petroleum exploration permit, petroleum retention lease or petroleum production licence is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
whether the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
if so—the terms of that agreement.
If any of those key greenhouse gas operations is:
an operation to inject, on an appraisal basis, a substance into a part of a geological formation; or
an operation to store, on an appraisal basis, a substance in a part of a geological formation;
the responsible Commonwealth Minister must have regard to the composition of the substance.
The responsible Commonwealth Minister must have regard to the public interest.
Subsections (4), (5), (6) and (7) do not limit subsection (8).
Subsections (4), (5), (6), (7) and (8) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Circumstances in which the approval must not be given
If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing pre-commencement petroleum title held by a person other than the applicant; or
an existing post-commencement petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless the registered holder of the pre-commencement petroleum title, or the post-commencement petroleum production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
If:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre-commencement petroleum title over a block or blocks; and
the existing pre-commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless the registered holder of the existing pre-commencement petroleum title has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
To avoid doubt, section 319 does not imply that a greenhouse gas holding lessee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
For the purposes of this section, disregard a suspension of rights under section 266.
A cross-boundary greenhouse gas holding lessee may apply to the responsible Commonwealth Minister for approval to carry on one or more key greenhouse gas operations under the lease.
If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
give the approval, with or without conditions to which the approval is subject; or
by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6), (7) and (8).
The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key greenhouse gas operations could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence; or
an existing State/Territory petroleum exploration title; or
an existing State/Territory petroleum retention title; or
an existing State/Territory petroleum production title; or
a future State/Territory petroleum exploration title; or
a future State/Territory petroleum retention title; or
a future State/Territory petroleum production title.
If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit held by a person other than the applicant; or
an existing petroleum retention lease held by a person other than the applicant; or
an existing petroleum production licence held by a person other than the applicant; or
an existing State/Territory petroleum exploration title held by a person other than the applicant; or
an existing State/Territory petroleum retention title held by a person other than the applicant; or
an existing State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
whether:
the registered holder of the petroleum exploration permit; or
the registered holder of the petroleum retention lease; or
the registered holder of the petroleum production licence; or
the holder of the State/Territory petroleum exploration title; or
the holder of the State/Territory petroleum retention title; or
the holder of the State/Territory petroleum production title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
if so—the terms of that agreement.
If:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
a future petroleum exploration permit over a block or blocks; or
a future petroleum retention lease over a block or blocks; or
a future petroleum production licence over a block or blocks; or
a future State/Territory petroleum exploration title over a State/Territory block or State/Territory blocks; or
a future State/Territory petroleum retention title over a State/Territory block or State/Territory blocks; or
a future State/Territory petroleum production title over a State/Territory block or State/Territory blocks; and
either:
a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks; or
a State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title is in force over the State/Territory block or any of the State/Territory blocks; and
the petroleum exploration permit, petroleum retention lease, petroleum production licence, State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
whether:
the registered holder of the petroleum exploration permit covered by paragraph (b); or
the registered holder of the petroleum retention lease covered by paragraph (b); or
the registered holder of the petroleum production licence covered by paragraph (b); or
the holder of the State/Territory petroleum exploration title covered by paragraph (b); or
the holder of the State/Territory petroleum retention title covered by paragraph (b); or
the holder of the State/Territory petroleum production title covered by paragraph (b);
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
if so—the terms of that agreement.
If any of those key greenhouse gas operations is:
an operation to inject, on an appraisal basis, a substance into a part of a geological formation; or
an operation to store, on an appraisal basis, a substance in a part of a geological formation;
the responsible Commonwealth Minister must have regard to the composition of the substance.
The responsible Commonwealth Minister must have regard to the public interest.
Subsections (4), (5), (6) and (7) do not limit subsection (8).
Subsections (4), (5), (6), (7) and (8) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Circumstances in which the approval must not be given
If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing pre-commencement petroleum title held by a person other than the applicant; or
an existing post-commencement petroleum production licence held by a person other than the applicant; or
an existing pre-commencement State/Territory petroleum title held by a person other than the applicant; or
an existing post-commencement State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless:
the registered holder of the pre-commencement petroleum title; or
the registered holder of the post-commencement petroleum production licence; or
the holder of the pre-commencement State/Territory petroleum title; or
the holder of the post-commencement State/Territory petroleum production title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
If:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
a future pre-commencement petroleum title over a block or blocks; or
a future pre-commencement State/Territory petroleum title over a State/Territory block or State/Territory blocks; and
if subparagraph (a)(i) applies—the existing pre-commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant; and
if subparagraph (a)(ii) applies—the existing pre-commencement State/Territory petroleum title in force over the State/Territory block or any of the State/Territory blocks is held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless:
the registered holder of the existing pre-commencement petroleum title; or
the holder of the existing pre-commencement State/Territory petroleum title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
To avoid doubt, section 319 does not imply that a cross-boundary greenhouse gas holding lessee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
For the purposes of this section, disregard a suspension of rights under:
section 266; or
a provision of a law of a State or Territory that corresponds to section 266.
A greenhouse gas holding lease (other than a special greenhouse gas holding lease or a special cross-boundary greenhouse gas holding lease) remains in force for the period of 5 years beginning on:
the day on which the lease is granted; or
if a later day is specified in the lease as the day on which the lease is to come into force—that later day.
A special greenhouse gas holding lease or a special cross-boundary greenhouse gas holding lease remains in force indefinitely.
Subsections (1) and (2) have effect subject to this Chapter.
Note 1: For special rules about the extension of the duration of a greenhouse gas holding lease if the lessee applies for a special greenhouse gas holding lease or greenhouse gas injection licence, see sections 323 and 323A.
Note 2: For a special rule about the cancellation of a special greenhouse gas holding lease, see section 353.
Note 2AA: For a special rule about the cancellation of a special cross-boundary greenhouse gas holding lease, see section 353A.
Note 2A: For a special rule about the cancellation of a greenhouse gas holding lease granted to the holder of a petroleum retention lease, see section 354.
Note 3: For special rules about the extension of the duration of a greenhouse gas holding lease pending a decision on a renewal application, see subsections 347(6) and 350A(7).
Note 4: For special rules about the duration of a greenhouse gas holding lease once a decision has been made refusing to renew the lease, see subsections 349(4) and (5) and 350C(4) and (5).
Note 5: For special rules about the extension of the duration of a greenhouse gas holding lease following a suspension decision, see sections 437, 439 and 439B.
Note 5A: For special rules about the extension of the duration of a greenhouse gas holding lease pending a suspension decision, see sections 437A and 439C.
Note 6: For special rules about when a greenhouse gas holding lease ceases to be in force following the grant of a greenhouse gas injection licence, see sections 366 and 368F.
Note 7: For the surrender of a greenhouse gas holding lease, see Part 3.10.
Note 8: For the cancellation of a greenhouse gas holding lease, see Part 3.11.
If:
a greenhouse gas holding lease (other than a special greenhouse gas holding lease or a cross-boundary greenhouse gas holding lease) is in force over a block or blocks; and
before the time when the lease would, apart from this subsection, expire, the lessee applies to the responsible Commonwealth Minister for the grant of a special greenhouse gas holding lease or greenhouse gas injection licence over the block or one or more of the blocks;
the table has effect:
Subsection (1) has effect subject to this Chapter but despite section 322.
Note: See the notes at the end of section 322.
If:
a cross-boundary greenhouse gas holding lease (other than a special cross-boundary greenhouse gas holding lease) is in force over a block or blocks; and
before the time when the lease would, apart from this subsection, expire, the lessee applies to the Titles Administrator for the grant by the Cross-boundary Authority of a special cross-boundary greenhouse gas holding lease or cross-boundary greenhouse gas injection licence over the block or one or more of the blocks;
the table has effect:
Subsection (1) has effect subject to this Chapter but despite section 322.
Note: See the notes at the end of section 322.
Offshore area of a State
If any part of the lease area of a cross-boundary greenhouse gas holding lease is included in the offshore area of a State, the whole of the lease area is taken, for all purposes of:
this Chapter and regulations made for the purposes of this Chapter; and
the remaining provisions of this Act and the regulations, so far as they relate to:
this Chapter; or
exploring for a potential greenhouse gas storage formation; or
exploring for a potential greenhouse gas injection site; or
the injection of a greenhouse gas substance; or
the storage of a greenhouse gas substance;
to be included in the offshore area of the State.
Principal Northern Territory offshore area
If any part of the lease area of a cross-boundary greenhouse gas holding lease is included in the Principal Northern Territory offshore area, the whole of the lease area is taken, for all purposes of:
this Chapter and regulations made for the purposes of this Chapter; and
the remaining provisions of this Act and the regulations, so far as they relate to:
this Chapter; or
exploring for a potential greenhouse gas storage formation; or
exploring for a potential greenhouse gas injection site; or
the injection of a greenhouse gas substance; or
the storage of a greenhouse gas substance;
to be included in the Principal Northern Territory offshore area.
Subdivision A—Application for greenhouse gas holding lease (other than a cross-boundary greenhouse gas holding lease) by the holder of a greenhouse gas assessment permit (other than a cross-boundary greenhouse gas assessment permit)
Scope
This section applies if:
a greenhouse gas assessment permit (other than a cross-boundary greenhouse gas assessment permit) is in force; and
one or more identified greenhouse gas storage formations are wholly situated in the permit area.
Single identified greenhouse gas storage formation
If a single identified greenhouse gas storage formation extends to:
only one block in the permit area; or
2 or more blocks in the permit area;
the permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formation extends.
Multiple identified greenhouse gas storage formations
Note: For application period, see subsection (8).
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the permit area; and
a vertical line would not pass through a point in each of those identified greenhouse gas storage formations;
the permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block to which the identified greenhouse gas storage formations, when considered together, extend.
Note: For application period, see subsection (8).
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to:
only one block in the permit area; or
2 or more blocks in the permit area; and
a vertical line would pass through a point in each of those identified greenhouse gas storage formations;
the permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.
Note: For application period, see subsection (8).
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the permit area; and
a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends;
the permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.
Note: For application period, see subsection (8).
For the purposes of subsection (5), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:
have a side in common; or
are joined together at one point only.
Application
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the application period.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Application period
(8) The application period for an application under this section is:
the period of 12 months after:
if there is a single identified greenhouse gas storage formation—the day on which the declaration of the identified greenhouse gas storage formation was made by the responsible Commonwealth Minister; or
if there are 2 or more identified greenhouse gas storage formations—the earliest day on which a declaration of any of the identified greenhouse gas storage formations was made by the responsible Commonwealth Minister; or
such longer period, not more than 180 days after that day, as the responsible Commonwealth Minister allows.
The responsible Commonwealth Minister may allow a longer period under paragraph (8)(b) only on written application made by the permittee within the period of 12 months mentioned in paragraph (8)(a).
Variation of application
At any time before an offer document, or notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.
A variation of an application must be made in an approved manner.
A variation of an application may be made:
on the applicant’s own initiative; or
at the request of the responsible Commonwealth Minister.
A variation of an application may set out any additional matters that the applicant wishes to be considered.
If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (11).
Single identified greenhouse gas storage formation
If:
an application for a greenhouse gas holding lease has been made under subsection 324(2); and
the responsible Commonwealth Minister is satisfied that the applicant is not, at the time of the application, in a position to:
inject a greenhouse gas substance into the identified greenhouse gas storage formation concerned; and
permanently store the greenhouse gas substance in the identified greenhouse gas storage formation concerned;
but is likely to be in such a position within 15 years; and
the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks specified in the application.
Multiple identified greenhouse gas storage formations
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
If:
an application for a greenhouse gas holding lease has been made under subsection 324(3), (4) or (5); and
the responsible Commonwealth Minister is satisfied that the applicant is not, at the time of the application, in a position to:
inject a greenhouse gas substance into at least one of the identified greenhouse gas storage formations concerned; and
permanently store the greenhouse gas substance in at least one of the identified greenhouse gas storage formations concerned;
but is likely to be in such a position within 15 years; and
the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks specified in the application.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
Scope
This section applies if an application for a greenhouse gas holding lease has been made under section 324.
Refusal notice
If the responsible Commonwealth Minister is not satisfied as to:
in the case of an application made under subsection 324(2)—a matter referred to in paragraph 325(1)(b) or (1)(c); or
in the case of an application made under subsection 324(3), (4) or (5)—a matter referred to in paragraph 325(2)(b) or (2)(c);
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
If the responsible Commonwealth Minister is not satisfied as to:
in the case of an application made under subsection 324(2)—a matter (if any) prescribed by the regulations for the purposes of paragraph 325(1)(d); or
in the case of an application made under subsection 324(3), (4) or (5)—a matter (if any) prescribed by the regulations for the purposes of paragraph 325(2)(d);
the responsible Commonwealth Minister may, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
If:
an applicant has been given an offer document under section 325; and
the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
When a greenhouse gas holding lease under section 327 comes into force in relation to one or more blocks, a greenhouse gas assessment permit ceases to be in force to the extent to which it relates to those blocks.
Scope
This section applies if a transfer of a greenhouse gas assessment permit is registered under section 530:
after an application has been made under section 324 for the grant of a greenhouse gas holding lease over a block or blocks in relation to which the greenhouse gas assessment permit is in force; and
before any action has been taken by the responsible Commonwealth Minister under section 325 or 326 in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 324 to 327 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision AA—Application for cross-boundary greenhouse gas holding lease by the holder of a cross-boundary greenhouse gas assessment permit
Scope
This section applies if:
a cross-boundary greenhouse gas assessment permit is in force; and
one or more identified greenhouse gas storage formations are wholly situated in the permit area; and
either:
in a case where part of the permit area is in the coastal waters of a State—the State has a compatible cross-boundary law; or
in a case where part of the permit area is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross-boundary law.
Single identified greenhouse gas storage formation
If a single identified greenhouse gas storage formation extends to:
only one block in the permit area; or
2 or more blocks in the permit area;
the permittee may, within the application period, apply to the Titles Administrator for the grant by the Cross-boundary Authority of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formation extends.
Multiple identified greenhouse gas storage formations
Note: For application period, see subsection (8).
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the permit area; and
a vertical line would not pass through a point in each of those identified greenhouse gas storage formations;
the permittee may, within the application period, apply to the Titles Administrator for the grant by the Cross-boundary Authority of a greenhouse gas holding lease over the block to which the identified greenhouse gas storage formations, when considered together, extend.
Note: For application period, see subsection (8).
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to:
only one block in the permit area; or
2 or more blocks in the permit area; and
a vertical line would pass through a point in each of those identified greenhouse gas storage formations;
the permittee may, within the application period, apply to the Titles Administrator for the grant by the Cross-boundary Authority of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.
Note: For application period, see subsection (8).
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the permit area; and
a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends;
the permittee may, within the application period, apply to the Titles Administrator for the grant by the Cross-boundary Authority of a greenhouse gas holding lease over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.
Note: For application period, see subsection (8).
For the purposes of subsection (5), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:
have a side in common; or
are joined together at one point only.
Application
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the application period.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Application period
(8) The application period for an application under this section is:
the period of 12 months after:
if there is a single identified greenhouse gas storage formation—the day on which the declaration of the identified greenhouse gas storage formation was made by the responsible Commonwealth Minister; or
if there are 2 or more identified greenhouse gas storage formations—the earliest day on which a declaration of any of the identified greenhouse gas storage formations was made by the responsible Commonwealth Minister; or
such longer period, not more than 180 days after that day, as the Titles Administrator allows.
The Titles Administrator may allow a longer period under paragraph (8)(b) only on written application made by the permittee within the period of 12 months mentioned in paragraph (8)(a).
Variation of application
At any time before an offer document, or notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the Cross-boundary Authority, vary the application.
A variation of an application must be made in an approved manner.
A variation of an application may be made:
on the applicant’s own initiative; or
at the request of the Cross-boundary Authority.
A variation of an application may set out any additional matters that the applicant wishes to be considered.
If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (11).
Single identified greenhouse gas storage formation
If:
an application for a greenhouse gas holding lease has been made under subsection 329A(2); and
the Cross-boundary Authority is satisfied that the applicant is not, at the time of the application, in a position to:
inject a greenhouse gas substance into the identified greenhouse gas storage formation concerned; and
permanently store the greenhouse gas substance in the identified greenhouse gas storage formation concerned;
but is likely to be in such a position within 15 years; and
the Cross-boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
the Cross-boundary Authority is satisfied of the matters (if any) prescribed by the regulations;
the Cross-boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross-boundary Authority is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks specified in the application, so long as:
in a case where part of the lease area would be in the coastal waters of a State—the State has consented to the giving of the offer document; or
in a case where part of the lease area would be in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429A to provide further information, the Cross-boundary Authority may refuse to give the applicant an offer document—see subsection 429A(4).
Multiple identified greenhouse gas storage formations
If:
an application for a greenhouse gas holding lease has been made under subsection 329A(3), (4) or (5); and
the Cross-boundary Authority is satisfied that the applicant is not, at the time of the application, in a position to:
inject a greenhouse gas substance into at least one of the identified greenhouse gas storage formations concerned; and
permanently store the greenhouse gas substance in at least one of the identified greenhouse gas storage formations concerned;
but is likely to be in such a position within 15 years; and
the Cross-boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
the Cross-boundary Authority is satisfied of the matters (if any) prescribed by the regulations;
the Cross-boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross-boundary Authority is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks specified in the application, so long as:
in a case where part of the lease area would be in the coastal waters of a State—the State has consented to the giving of the offer document; or
in a case where part of the lease area would be in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429A to provide further information, the Cross-boundary Authority may refuse to give the applicant an offer document—see subsection 429A(4).
Scope
This section applies if an application for a greenhouse gas holding lease has been made under section 329A.
Refusal notice
If the Cross-boundary Authority is not satisfied as to:
in the case of an application made under subsection 329A(2)—a matter referred to in paragraph 329B(1)(b) or (1)(ba); or
in the case of an application made under subsection 329A(3), (4) or (5)—a matter referred to in paragraph 329B(2)(b) or (2)(ba);
the Cross-boundary Authority must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
If the Cross-boundary Authority is not satisfied as to:
in the case of an application made under subsection 329A(2)—a matter (if any) prescribed by the regulations for the purposes of paragraph 329B(1)(bb); or
in the case of an application made under subsection 329A(3), (4) or (5)—a matter (if any) prescribed by the regulations for the purposes of paragraph 329B(2)(bb);
the Cross-boundary Authority may, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
If:
an applicant has been given an offer document under section 329B; and
the applicant has made a request under section 431A in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the Cross-boundary Authority must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431A within the period applicable under that section, the application lapses at the end of that period—see subsection 431A(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
When a greenhouse gas holding lease under section 329D comes into force in relation to one or more blocks, a greenhouse gas assessment permit ceases to be in force to the extent to which it relates to those blocks.
Scope
This section applies if a transfer of a greenhouse gas assessment permit is registered under section 530:
after an application has been made under section 329A for the grant of a greenhouse gas holding lease over a block or blocks in relation to which the greenhouse gas assessment permit is in force; and
before any action has been taken by the Cross-boundary Authority under section 329B or 329C in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 329A to 329D and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision B—Application for greenhouse gas holding lease (other than a cross-boundary greenhouse gas holding lease) by the holder of a greenhouse gas injection licence (other than a cross-boundary greenhouse gas injection licence)
If:
a greenhouse gas injection licence (other than a cross-boundary greenhouse gas injection licence) is in force over a block or blocks; and
one or more identified greenhouse gas storage formations are wholly situated in the licence area;
the licensee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks.
Note: For application period, see subsection (3).
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the application period.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Application period
(3) The application period for an application under this section by a licensee is the period of 5 years that began on the day on which the licence was granted.
Variation of application
At any time before an offer document, or a notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.
A variation of an application must be made in an approved manner.
A variation of an application may be made:
on the applicant’s own initiative; or
at the request of the responsible Commonwealth Minister.
A variation of an application may set out any additional matters that the applicant wishes to be considered.
If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (5).
If:
an application for a greenhouse gas holding lease has been made under section 330; and
the responsible Commonwealth Minister is satisfied that the applicant is not, at the time of the application, in a position to:
inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
but is likely to be in such a position within 15 years; and
the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks specified in the application.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
If:
an application for a greenhouse gas holding lease has been made under section 330; and
the responsible Commonwealth Minister is not satisfied as to the matter referred to in paragraph 331(b) in relation to the block or blocks specified in the application;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
Note: Consultation procedures apply—see section 434.
If:
an application for a greenhouse gas holding lease has been made under section 330; and
the responsible Commonwealth Minister is not satisfied of the matter referred to in paragraph 331(c);
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant
Note: Consultation procedures apply—see section 434.
If:
an application for a greenhouse gas holding lease has been made under section 330; and
the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 331(d);
the responsible Commonwealth Minister may, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
Note: Consultation procedures apply—see section 434.
If:
an applicant has been given an offer document under section 331; and
the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
When a greenhouse gas holding lease under section 333 comes into force in relation to one or more blocks, a greenhouse gas injection licence ceases to be in force to the extent to which it relates to those blocks.
Scope
This section applies if a transfer of a greenhouse gas injection licence is registered under section 530:
after an application has been made under section 330 for the grant of a greenhouse gas holding lease over the block or blocks in relation to which the greenhouse gas injection licence is in force; and
before any action has been taken by the responsible Commonwealth Minister under section 331 or 332 in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 330 to 333 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision BA—Application for cross-boundary greenhouse gas holding lease by the holder of a cross-boundary greenhouse gas injection licence
If:
a cross-boundary greenhouse gas injection licence is in force over a block or blocks; and
one or more identified greenhouse gas storage formations are wholly situated in the licence area; and
either:
in a case where part of the licence area is in the coastal waters of a State—the State has a compatible cross-boundary law; or
in a case where part of the licence area is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross-boundary law;
the licensee may, within the application period, apply to the Titles Administrator for the grant by the Cross-boundary Authority of a greenhouse gas holding lease over the block or blocks.
Note: For application period, see subsection (3).
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the application period.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Application period
(3) The application period for an application under this section by a licensee is the period of 5 years that began on the day on which the licence was granted.
Variation of application
At any time before an offer document, or a notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the Cross-boundary Authority, vary the application.
A variation of an application must be made in an approved manner.
A variation of an application may be made:
on the applicant’s own initiative; or
at the request of the Cross-boundary Authority.
A variation of an application may set out any additional matters that the applicant wishes to be considered.
If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (5).
If:
an application for a greenhouse gas holding lease has been made under section 335A; and
the Cross-boundary Authority is satisfied that the applicant is not, at the time of the application, in a position to:
inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
but is likely to be in such a position within 15 years; and
the Cross-boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
the Cross-boundary Authority is satisfied of the matters (if any) prescribed by the regulations;
the Cross-boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross-boundary Authority is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks specified in the application, so long as:
in a case where part of the lease area would be in the coastal waters of a State—the State has consented to the giving of the offer document; or
in a case where part of the lease area would be in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429A to provide further information, the Cross-boundary Authority may refuse to give the applicant an offer document—see subsection 429A(4).
If:
an application for a greenhouse gas holding lease has been made under section 335A; and
the Cross-boundary Authority is not satisfied as to the matter referred to in paragraph 335B(b) in relation to the block or blocks specified in the application;
the Cross-boundary Authority must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
Note: Consultation procedures apply—see section 434A.
If:
an application for a greenhouse gas holding lease has been made under section 335A; and
the Cross-boundary Authority is not satisfied as to the matter referred to in paragraph 335B(ba);
the Cross-boundary Authority must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
Note: Consultation procedures apply—see section 434A.
If:
an application for a greenhouse gas holding lease has been made under section 335A; and
the Cross-boundary Authority is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 335B(bb);
the Cross-boundary Authority may, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
Note: Consultation procedures apply—see section 434A.
If:
an applicant has been given an offer document under section 335B; and
the applicant has made a request under section 431A in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the Cross-boundary Authority must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431A within the period applicable under that section, the application lapses at the end of that period—see subsection 431A(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
When a greenhouse gas holding lease under section 335D comes into force in relation to one or more blocks, a greenhouse gas injection licence ceases to be in force to the extent to which it relates to those blocks.
Scope
This section applies if a transfer of a greenhouse gas injection licence is registered under section 530:
after an application has been made under section 335A for the grant of a greenhouse gas holding lease over the block or blocks in relation to which the greenhouse gas injection licence is in force; and
before any action has been taken by the Cross-boundary Authority under section 335B or 335C in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 335A to 335D and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision C—Application for special greenhouse gas holding lease (other than a special cross-boundary greenhouse gas holding lease) by an unsuccessful applicant for a greenhouse gas injection licence (other than a cross-boundary greenhouse gas injection licence)
If:
either of the following is in force:
a greenhouse gas assessment permit (other than a cross-boundary greenhouse gas assessment permit);
a greenhouse gas holding lease (other than a special greenhouse gas holding lease or a cross-boundary greenhouse gas holding lease); and
one or more identified greenhouse gas storage formations are wholly situated in the permit area or lease area; and
the permittee or lessee makes an application under section 361 for the grant of a greenhouse gas injection licence over the block or blocks in which the identified greenhouse gas storage formation or formations are wholly situated; and
if the applicant holds a greenhouse gas assessment permit—the responsible Commonwealth Minister refuses to grant the greenhouse gas injection licence on a ground covered by paragraph 362(1)(c), (d), (e), (f), (g) or (i); and
if the applicant holds a greenhouse gas holding lease—the responsible Commonwealth Minister refuses to grant the greenhouse gas injection licence on a ground covered by paragraph 362(2)(c), (d), (e), (f), (g) or (i);
the permittee or lessee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a special greenhouse gas holding lease over the block or blocks covered by the unsuccessful application for the greenhouse gas injection licence.
Note: For application period, see subsection (3).
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the application period.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Application period
(3) The application period for an application under this section by a permittee or lessee is the period of 90 days that began on the day on which the permittee or lessee was notified of the refusal to grant the greenhouse gas injection licence.
Variation of application
At any time before an offer document relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.
A variation of an application must be made in an approved manner.
A variation of an application may be made:
on the applicant’s own initiative; or
at the request of the responsible Commonwealth Minister.
A variation of an application may set out any additional matters that the applicant wishes to be considered.
If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (5).
If:
an application for a special greenhouse gas holding lease has been made under section 336; and
the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a special greenhouse gas holding lease over the block or blocks covered by the application.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
This section applies if an application for a special greenhouse gas holding lease has been made under section 336.
If the responsible Commonwealth Minister is not satisfied as to the matter in paragraph 337(b), the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant a special greenhouse gas holding lease to the applicant.
If the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 337(c), the responsible Commonwealth Minister may, by written notice given to the applicant, refuse to grant a special greenhouse gas holding lease to the applicant.
If:
an applicant has been given an offer document under section 337; and
the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
(2) A greenhouse gas holding lease granted under subsection (1) is to be known as a special greenhouse gas holding lease.
When a special greenhouse gas holding lease under section 338 comes into force in relation to one or more blocks, a greenhouse gas assessment permit ceases to be in force to the extent to which it relates to those blocks.
When a special greenhouse gas holding lease under section 338 comes into force in relation to one or more blocks, a greenhouse gas holding lease (other than a special greenhouse gas holding lease) ceases to be in force to the extent to which it relates to those blocks.
Scope
This section applies if a transfer of a greenhouse gas assessment permit is registered under section 530:
after an application has been made under section 336 for the grant of a special greenhouse gas holding lease over a block or blocks in relation to which the greenhouse gas assessment permit is in force; and
before any action has been taken by the responsible Commonwealth Minister under section 337 in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 337 and 338 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Scope
This section applies if a transfer of a greenhouse gas holding lease is registered under section 530:
after an application has been made under section 336 for the grant of a special greenhouse gas holding lease over a block or blocks in relation to which the first-mentioned greenhouse gas holding lease is in force; and
before any action has been taken by the responsible Commonwealth Minister under section 337 in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 337 and 338 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision CA—Application for special cross-boundary greenhouse gas holding lease by an unsuccessful applicant for a cross-boundary greenhouse gas injection licence
If:
either of the following is in force:
a cross-boundary greenhouse gas assessment permit;
a cross-boundary greenhouse gas holding lease (other than a special cross-boundary greenhouse gas holding lease); and
one or more identified greenhouse gas storage formations are wholly situated in the permit area or lease area; and
either:
in a case where part of the permit area or lease area is in the coastal waters of a State—the State has a compatible cross-boundary law; or
in a case where part of the permit area or lease area is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross-boundary law; and
the permittee or lessee makes an application under section 368A for the grant of a greenhouse gas injection licence over the block or blocks in which the identified greenhouse gas storage formation or formations are wholly situated; and
if the applicant holds a cross-boundary greenhouse gas assessment permit—the Cross-boundary Authority refuses to grant the greenhouse gas injection licence on a ground covered by paragraph 368B(1)(c), (d), (e), (f), (g), (h), (i) or (ja); and
if the applicant holds a cross-boundary greenhouse gas holding lease—the Cross-boundary Authority refuses to grant the greenhouse gas injection licence on a ground covered by paragraph 368B(2)(c), (d), (e), (f), (g), (h), (i) or (ja);
the permittee or lessee may, within the application period, apply to the Titles Administrator for the grant by the Cross-boundary Authority of a special cross-boundary greenhouse gas holding lease over the block or blocks covered by the unsuccessful application for the greenhouse gas injection licence.
Note: For application period, see subsection (3).
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the application period.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Application period
(3) The application period for an application under this section by a permittee or lessee is the period of 90 days that began on the day on which the permittee or lessee was notified of the refusal to grant the greenhouse gas injection licence.
Variation of application
At any time before an offer document relating to the application is given to the applicant, the applicant may, by written notice given to the Cross-boundary Authority, vary the application.
A variation of an application must be made in an approved manner.
A variation of an application may be made:
on the applicant’s own initiative; or
at the request of the Cross-boundary Authority.
A variation of an application may set out any additional matters that the applicant wishes to be considered.
If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (5).
Scope
This section applies if an application for a special cross-boundary greenhouse gas holding lease has been made under section 342A.
Offer document
(2) The Cross-boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross-boundary Authority is prepared to grant the applicant a special cross-boundary greenhouse gas holding lease over the block or blocks covered by the application, so long as:
in a case where part of the lease area would be in the coastal waters of a State—the State has consented to the giving of the offer document; and
in a case where part of the lease area would be in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document; and
the Cross-boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
the Cross-boundary Authority is satisfied of the matters (if any) prescribed by the regulations.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429A to provide further information, the Cross-boundary Authority may refuse to give the applicant an offer document—see subsection 429A(4).
This section applies if an application for a special cross-boundary greenhouse gas holding lease has been made under section 342A.
If the Cross-boundary Authority is not satisfied as to the matter in paragraph 342B(2)(c), the Cross-boundary Authority must, by written notice given to the applicant, refuse to grant a special cross-boundary greenhouse gas holding lease to the applicant.
If the Cross-boundary Authority is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 342B(2)(d), the Cross-boundary Authority may, by written notice given to the applicant, refuse to grant a special cross-boundary greenhouse gas holding lease to the applicant.
If:
an applicant has been given an offer document under section 342B; and
the applicant has made a request under section 431A in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the Cross-boundary Authority must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431A within the period applicable under that section, the application lapses at the end of that period—see subsection 431A(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
(2) A greenhouse gas holding lease granted under subsection (1) is to be known as a special cross-boundary greenhouse gas holding lease.
When a special cross-boundary greenhouse gas holding lease under section 342C comes into force in relation to one or more blocks, a greenhouse gas assessment permit ceases to be in force to the extent to which it relates to those blocks.
When a special cross-boundary greenhouse gas holding lease under section 342C comes into force in relation to one or more blocks, a greenhouse gas holding lease (other than a special cross-boundary greenhouse gas holding lease) ceases to be in force to the extent to which it relates to those blocks.
Scope
This section applies if a transfer of a greenhouse gas assessment permit is registered under section 530:
after an application has been made under section 342A for the grant of a special cross-boundary greenhouse gas holding lease over a block or blocks in relation to which the greenhouse gas assessment permit is in force; and
before any action has been taken by the Cross-boundary Authority under section 342B in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 342B and 342C and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Scope
This section applies if a transfer of a greenhouse gas holding lease is registered under section 530:
after an application has been made under section 342A for the grant of a special cross-boundary greenhouse gas holding lease over a block or blocks in relation to which the first-mentioned greenhouse gas holding lease is in force; and
before any action has been taken by the Cross-boundary Authority under section 342B in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 342B and 342C and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision D—Application for greenhouse gas holding lease by the holder of a petroleum retention lease
Scope
This section applies if:
a petroleum retention lease is in force; and
one or more identified greenhouse gas storage formations are wholly situated in the lease area.
Single identified greenhouse gas storage formation
If:
a single identified greenhouse gas storage formation extends to:
only one block in the lease area; or
2 or more blocks in the lease area; and
none of the following is in force over the block or blocks to which the identified greenhouse gas storage formation extends:
a greenhouse gas injection licence;
a greenhouse gas holding lease;
a greenhouse gas assessment permit;
the petroleum retention lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formation extends.
Multiple identified greenhouse gas storage formations
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the lease area; and
a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
none of the following is in force over the block to which the identified greenhouse gas storage formations, when considered together, extend:
a greenhouse gas injection licence;
a greenhouse gas holding lease;
a greenhouse gas assessment permit;
the petroleum retention lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block to which the identified greenhouse gas storage formations, when considered together, extend.
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to:
only one block in the lease area; or
2 or more blocks in the lease area; and
a vertical line would pass through a point in each of those identified greenhouse gas storage formations; and
none of the following is in force over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend:
a greenhouse gas injection licence;
a greenhouse gas holding lease;
a greenhouse gas assessment permit;
the petroleum retention lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the lease area; and
a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends; and
none of the following is in force over the blocks to which the identified greenhouse gas storage formations, when considered together, extend:
a greenhouse gas injection licence;
a greenhouse gas holding lease;
a greenhouse gas assessment permit;
the petroleum retention lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.
For the purposes of subsection (1D), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:
have a side in common; or
are joined together at one point only.
Application
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the 10-day period that began on the day after the application was made.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Variation of application
At any time before an offer document relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.
A variation of an application must be made in an approved manner.
A variation of an application may be made:
on the applicant’s own initiative; or
at the request of the responsible Commonwealth Minister.
A variation of an application may set out any additional matters that the applicant wishes to be considered.
If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).
Scope
This section applies if an application for a greenhouse gas holding lease has been made under section 343.
Offer document
(2) The responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks covered by the application if:
the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
If:
an application for a greenhouse gas holding lease has been made under section 343; and
the responsible Commonwealth Minister is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant the lease to the applicant.
If:
an application for a greenhouse gas holding lease has been made under section 343; and
the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister may, by written notice given to the applicant, refuse to grant the lease to the applicant.
If:
an applicant has been given an offer document under section 344; and
the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
Scope
This section applies if a transfer of a petroleum retention lease is registered under section 479:
after an application has been made under section 343 for the grant of a greenhouse gas holding lease over a block or blocks in relation to which the petroleum retention lease is in force; and
before any action has been taken by the responsible Commonwealth Minister under section 344 in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 344 and 345 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision A—Renewal of a greenhouse gas holding lease (other than a cross-boundary greenhouse gas holding lease)
This section does not apply to a cross-boundary greenhouse gas holding lease.
Application for renewal
The registered holder of a greenhouse gas holding lease (other than a special greenhouse gas holding lease) may apply to the responsible Commonwealth Minister for the renewal by the responsible Commonwealth Minister of the lease.
A greenhouse gas holding lease cannot be renewed more than once.
An application to renew a greenhouse gas holding lease must be made:
not more than 12 months before the expiry date of the lease; and
at least 180 days before the expiry date of the lease.
Despite subsection (3), the responsible Commonwealth Minister may accept an application to renew a greenhouse gas holding lease if the application is made:
later than 180 days before the expiry date of the lease; and
before the expiry date of the lease.
An application under this section must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the expiry date of the lease.
For the purposes of subsection (5A), disregard the effect of subsection (6).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Extension of duration of greenhouse gas holding lease pending decision on application
If:
a greenhouse gas holding lessee makes an application to renew the lease; and
the lease would, apart from this subsection, expire:
before the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the lease; or
before the application lapses as provided by section 431;
the lease continues in force:
until the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the lease; or
until the application so lapses;
whichever happens first.
Subsection (6) has effect subject to this Chapter but despite section 322.
Note: See the notes at the end of section 322.
Scope
This section applies if an application to renew a greenhouse gas holding lease has been made under section 347.
Offer document—compliance with conditions etc.
If:
each of the following has been complied with:
the conditions to which the greenhouse gas holding lease is, or has from time to time been, subject;
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
the regulations; and
the responsible Commonwealth Minister is satisfied that the applicant is not, at the time of the application, in a position to:
inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
but is likely to be in such a position within 10 years; and
the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to renew the lease.
Offer document—non-compliance with conditions etc.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
If:
any of:
the conditions to which the greenhouse gas holding lease is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
the provisions of the regulations;
have not been complied with; and
the responsible Commonwealth Minister is satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas holding lease; and
the responsible Commonwealth Minister is satisfied that the applicant is not, at the time of the application, in a position to:
inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
but is likely to be in such a position within 10 years;
the responsible Commonwealth Minister may give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to renew the lease.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Without limiting paragraph (3)(b), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the lease, the responsible Commonwealth Minister must have regard to:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
any other matters prescribed by the regulations.
Scope
This section applies if an application to renew a greenhouse gas holding lease has been made under section 347.
Refusal on grounds of non-compliance with conditions
If:
any of:
the conditions to which the greenhouse gas holding lease is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
the provisions of the regulations;
have not been complied with; and
the responsible Commonwealth Minister is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas holding lease;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the lease.
Refusal on grounds that the applicant is in a position to inject and permanently store a greenhouse gas substance
Note: Consultation procedures apply—see section 434.
If the responsible Commonwealth Minister is satisfied that the applicant is, at the time of the application, in a position to:
inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the lease.
Note: Consultation procedures apply—see section 434.
If:
the responsible Commonwealth Minister makes a decision under subsection (3) refusing to renew the lease; and
a notice of refusal is given to the applicant; and
within 12 months after the notice was given, the lessee applies for a greenhouse gas injection licence over one or more of the blocks comprised in the lease; and
the lease would, apart from this subsection, expire:
before the responsible Commonwealth Minister grants, or refuses to grant, the greenhouse gas injection licence; or
before the application lapses;
the lease continues in force until:
the responsible Commonwealth Minister grants, or refuses to grant, the greenhouse gas injection licence; or
the application lapses;
whichever happens first.
If:
the responsible Commonwealth Minister makes a decision under subsection (3) refusing to renew the lease; and
a notice of refusal is given to the applicant; and
subsection (4) does not apply; and
the lease would, apart from this subsection, expire within 12 months after the notice was given;
the lease continues in force until the end of the 12-month period beginning on the day on which the notice was given.
Subsections (4) and (5) have effect subject to this Chapter but despite section 322.
Note: See the notes at the end of section 322.
Refusal on other grounds
The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the lease if the responsible Commonwealth Minister is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease.
Note: Consultation procedures apply—see section 434.
The responsible Commonwealth Minister may, by written notice given to the applicant, refuse to renew the lease if the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations.
Note: Consultation procedures apply—see section 434.
If:
an applicant has been given an offer document under section 348; and
the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must renew the greenhouse gas holding lease.
Subdivision B—Renewal of a cross-boundary greenhouse gas holding lease
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
Application for renewal
The registered holder of a cross-boundary greenhouse gas holding lease (other than a special cross-boundary greenhouse gas holding lease) may apply to the Titles Administrator for the renewal by the Cross-boundary Authority of the lease.
Despite subsection (1), an application to renew a cross-boundary greenhouse gas holding lease must not be made unless:
in a case where part of the lease area is in the coastal waters of a State—the State has a compatible cross-boundary law; or
in a case where part of the lease area is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross-boundary law.
A cross-boundary greenhouse gas holding lease cannot be renewed more than once.
An application to renew a cross-boundary greenhouse gas holding lease must be made:
not more than 12 months before the expiry date of the lease; and
at least 180 days before the expiry date of the lease.
Despite subsection (4), the Titles Administrator may accept an application to renew a cross-boundary greenhouse gas holding lease if the application is made:
later than 180 days before the expiry date of the lease; and
before the expiry date of the lease.
An application to renew a cross-boundary greenhouse gas holding lease must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the expiry date of the lease.
For the purposes of subsection (6A), disregard the effect of subsection (7).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Extension of duration of greenhouse gas holding lease pending decision on application
If:
a cross-boundary greenhouse gas holding lessee makes an application to renew the lease; and
the lease would, apart from this subsection, expire:
before the Cross-boundary Authority grants, or refuses to grant, the renewal of the lease; or
before the application lapses as provided by section 431A;
the lease continues in force:
until the Cross-boundary Authority grants, or refuses to grant, the renewal of the lease; or
until the application so lapses;
whichever happens first.
Subsection (7) has effect subject to this Chapter but despite section 322.
Note: See the notes at the end of section 322.
Scope
This section applies if an application to renew a greenhouse gas holding lease has been made under section 350A.
Offer document—compliance with conditions etc.
If:
each of the following has been complied with:
the conditions to which the greenhouse gas holding lease is, or has from time to time been, subject;
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
the regulations; and
the Cross-boundary Authority is satisfied that the applicant is not, at the time of the application, in a position to:
inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
but is likely to be in such a position within 10 years; and
the Cross-boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
the Cross-boundary Authority is satisfied of the matters (if any) prescribed by the regulations;
the Cross-boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross-boundary Authority is prepared to renew the lease, so long as:
in a case where part of the lease area is in the coastal waters of a State—the State has consented to the giving of the offer document; or
in a case where part of the lease area is in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Offer document—non-compliance with conditions etc.
If:
any of:
the conditions to which the greenhouse gas holding lease is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
the provisions of the regulations;
have not been complied with; and
the Cross-boundary Authority is satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas holding lease; and
the Cross-boundary Authority is satisfied that the applicant is not, at the time of the application, in a position to:
inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
but is likely to be in such a position within 10 years;
the Cross-boundary Authority may give the applicant a written notice (called an offer document) telling the applicant that the Cross-boundary Authority is prepared to renew the lease.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: See also section 76D.
Without limiting paragraph (3)(b), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the lease, the Cross-boundary Authority must have regard to:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
the matters (if any) prescribed by the regulations.
Scope
This section applies if an application to renew a greenhouse gas holding lease has been made under section 350A.
Refusal on grounds of non-compliance with conditions
If:
any of:
the conditions to which the greenhouse gas holding lease is, or has from time to time been, subject; or
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
the provisions of the regulations;
have not been complied with; and
the Cross-boundary Authority is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas holding lease;
the Cross-boundary Authority must, by written notice given to the applicant, refuse to renew the lease.
Refusal on grounds that the applicant is in a position to inject and permanently store a greenhouse gas substance
Note: Consultation procedures apply—see section 434A.
If the Cross-boundary Authority is satisfied that the applicant is, at the time of the application, in a position to:
inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
the Cross-boundary Authority must, by written notice given to the applicant, refuse to renew the lease.
Note: Consultation procedures apply—see section 434A.
If:
the Cross-boundary Authority makes a decision under subsection (3) refusing to renew the lease; and
a notice of refusal is given to the applicant; and
within 12 months after the notice was given, the lessee applies for a greenhouse gas injection licence over one or more of the blocks comprised in the lease; and
the lease would, apart from this subsection, expire:
before the Cross-boundary Authority grants, or refuses to grant, the greenhouse gas injection licence; or
before the application lapses;
the lease continues in force until:
the Cross-boundary Authority grants, or refuses to grant, the greenhouse gas injection licence; or
the application lapses;
whichever happens first.
If:
the Cross-boundary Authority makes a decision under subsection (3) refusing to renew the lease; and
a notice of refusal is given to the applicant; and
subsection (4) does not apply; and
the lease would, apart from this subsection, expire within 12 months after the notice was given;
the lease continues in force until the end of the 12-month period beginning on the day on which the notice was given.
Subsections (4) and (5) have effect subject to this Chapter but despite section 322.
Note: See the notes at the end of section 322.
Refusal on other grounds
The Cross-boundary Authority must, by written notice given to the applicant, refuse to renew the lease if the Cross-boundary Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the lease; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease.
Note: Consultation procedures apply—see section 434A.
The Cross-boundary Authority may, by written notice given to the applicant, refuse to renew the lease if the Cross-boundary Authority is not satisfied of the matters (if any) prescribed by the regulations.
Note: Consultation procedures apply—see section 434A.
If:
an applicant has been given an offer document under section 350B; and
the applicant has made a request under section 431A in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the Cross-boundary Authority must renew the greenhouse gas holding lease.
Note 1: If the applicant does not make a request under section 431A within the period applicable under that section, the application lapses at the end of that period—see subsection 431A(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
The responsible Commonwealth Minister may, by written notice given to a greenhouse gas holding lessee, give the lessee a direction for the purpose of:
eliminating; or
mitigating; or
managing;
the risk that operations carried on under the lease could have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence.
A direction under this section has effect, and must be complied with, despite:
any previous direction under this section; and
anything in the regulations (other than prescribed regulations, or a prescribed provision of regulations, made under this Act) or the applied provisions.
A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
To avoid doubt, subsection (3) applies to an instrument, whether issued or made in Australia or outside Australia.
A direction under this section may prohibit the doing of an act or thing:
unconditionally; or
subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
A direction under this section is not a legislative instrument.
A person commits an offence if:
the person is given a direction under section 351; and
the person engages in conduct; and
the person’s conduct breaches the direction.
Penalty: 100 penalty units.
An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
If:
a special greenhouse gas holding lease is in force; and
one or more identified greenhouse gas storage formations are wholly situated in the lease area; and
the responsible Commonwealth Minister is satisfied that, if the lessee were to apply under section 361 for the grant of a greenhouse gas injection licence over the block or blocks in which the identified greenhouse gas storage formation or formations are wholly situated, the responsible Commonwealth Minister would not refuse to grant the greenhouse gas injection licence on a ground covered by paragraph 362(2)(c), (d), (e), (f), (g) or (i);
the responsible Commonwealth Minister may, by written notice given to the lessee:
request the lessee to notify the responsible Commonwealth Minister, within 180 days after the day on which the notice is given to the lessee, of the lessee’s intention to apply for the greenhouse gas injection licence; and
request the lessee to apply for the greenhouse gas injection licence within 2 years after the day on which the notice is given to the lessee.
If the lessee does not comply with a request under subsection (1), the responsible Commonwealth Minister may cancel the lease.
If:
a special cross-boundary greenhouse gas holding lease is in force; and
one or more identified greenhouse gas storage formations are wholly situated in the lease area; and
the Cross-boundary Authority is satisfied that, if the lessee were to apply under section 368A for the grant of a greenhouse gas injection licence over the block or blocks in which the identified greenhouse gas storage formation or formations are wholly situated, the Cross-boundary Authority would not refuse to grant the greenhouse gas injection licence on a ground covered by paragraph 368B(2)(c), (d), (e), (f), (g), (h), (i) or (ja);
the Cross-boundary Authority may, by written notice given to the lessee:
request the lessee to notify the Cross-boundary Authority, within 180 days after the day on which the notice is given to the lessee, of the lessee’s intention to apply for the greenhouse gas injection licence; and
request the lessee to apply for the greenhouse gas injection licence within 2 years after the day on which the notice is given to the lessee.
If the lessee does not comply with a request under subsection (1), the Cross-boundary Authority may cancel the lease.
Scope
This section applies if:
a greenhouse gas holding lease is tied to a petroleum retention lease; and
the petroleum retention lease is cancelled, surrendered or wholly revoked.
Cancellation of greenhouse gas holding lease
The responsible Commonwealth Minister must cancel the greenhouse gas holding lease.
The following is a simplified outline of this Part:
• It is an offence to:
inject a substance into the seabed or subsoil of an offshore area; or
store (whether on a permanent basis or otherwise) a substance in the seabed or subsoil of an offshore area;
except:
under a greenhouse gas injection licence; or
as otherwise authorised or required by or under this Act or any other law of the Commonwealth; or
if the injection or storage operations are specified in the regulations.
• This Part provides for the grant of greenhouse gas injection licences over blocks in an offshore area.
• A greenhouse gas injection licence authorises the licensee to carry out operations for the injection and permanent storage of greenhouse gas substances in the licence area, so long as the greenhouse gas substance is injected into, or permanently stored in, an identified greenhouse gas storage formation.
• There are 2 ways in which a greenhouse gas injection licence can be granted:
grant of a greenhouse gas injection licence as a result of an application made by a greenhouse gas assessment permittee or greenhouse gas holding lessee;
grant of a greenhouse gas injection licence as a result of an application made by a petroleum production licensee.
Note 1: See also section 295B (permit area of a cross-boundary greenhouse gas assessment permit is taken to be included in the offshore area).
Note 2: See also section 323B (lease area of a cross-boundary greenhouse gas holding lease is taken to be included in the offshore area).
A person commits an offence if:
the person carries on operations to inject a substance into the seabed or subsoil of an offshore area; or
the person carries on operations to store (whether on a permanent basis or otherwise) a substance in the seabed or subsoil of an offshore area.
Penalty: Imprisonment for 5 years.
Subsection (1) does not apply if the operations are:
authorised by a greenhouse gas injection licence; or
otherwise authorised or required by or under:
this Act; or
any other law of the Commonwealth; or
specified in the regulations.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.
A greenhouse gas injection licence authorises the licensee, in accordance with the conditions (if any) to which the licence is subject:
to inject a greenhouse gas substance into an identified greenhouse gas storage formation that is wholly situated in the licence area, so long as the relevant well is situated in the licence area; and
to permanently store a greenhouse gas substance in an identified greenhouse gas storage formation that is wholly situated in the licence area, so long as the injection of the stored greenhouse gas substance takes place at a well situated in the licence area; and
to explore in the licence area for a potential greenhouse gas storage formation; and
to explore in the licence area for a potential greenhouse gas injection site; and
to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as the relevant well is situated in the licence area; and
to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation, so long as the injection of the stored greenhouse gas substance takes place at a well situated in the licence area; and
to inject, on an appraisal basis:
air; or
petroleum; or
water;
into a part of a geological formation for purposes in connection with the exploration authorised by paragraph (c) or (d), so long as the relevant well is situated in the licence area; and
to store, on an appraisal basis:
air; or
petroleum; or
water;
in a part of a geological formation for purposes in connection with the exploration authorised by paragraph (c) or (d), so long as the injection of the stored air, petroleum or water takes place at a well situated in the licence area; and
with the written consent of the responsible Commonwealth Minister, to recover petroleum in the licence area for the sole purpose of appraising a discovery of petroleum that was made as an incidental consequence of:
the injection authorised by paragraph (a), (e) or (g); or
the exploration authorised by paragraph (c) or (d); and
to carry on such operations, and execute such works, in the licence area as are necessary for those purposes.
The rights conferred on the licensee by subsection (1) are subject to this Act and the regulations.
If petroleum is recovered by the licensee in the licence area as authorised by paragraph (1)(i), the petroleum does not become the property of the licensee.
A greenhouse gas injection licence does not authorise the licensee to make a well outside the licence area.
This section does not apply to a cross-boundary greenhouse gas injection licence.
The responsible Commonwealth Minister may grant a greenhouse gas injection licence subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.
The conditions (if any) must be specified in the licence.
Injection and storage of greenhouse gas substance
A greenhouse gas injection licence is subject to the condition that the licensee will not:
inject a greenhouse gas substance into an identified greenhouse gas storage formation that is wholly situated in the licence area; or
permanently store a greenhouse gas substance in an identified greenhouse gas storage formation that is wholly situated in the licence area;
unless:
the identified greenhouse gas storage formation is specified in the licence; and
the greenhouse gas substance is of a kind that is specified in the licence; and
the greenhouse gas substance complies with such requirements (if any) as are specified in the licence; and
the origin or origins of the greenhouse gas substance are as specified in the licence; and
the greenhouse gas substance is injected at a potential greenhouse gas injection site or sites specified in the licence; and
the greenhouse gas substance is injected during a period specified in the licence; and
the sum of:
the total amount of greenhouse gas substance that has already been injected into the identified greenhouse gas storage formation; and
the total amount of greenhouse gas substance that is proposed to be injected into the identified greenhouse gas storage formation;
does not exceed the amount specified in the licence; and
the rate, or range of rates, of injection of the greenhouse gas substance is as specified in the licence; and
in a case where the fundamental suitability determinants of the identified greenhouse gas storage formation include particular engineering enhancements—those engineering enhancements have been made.
The matters specified in the licence as mentioned in paragraphs (3)(d) to (k) must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.
To avoid doubt, 2 or more identified greenhouse gas storage formations may be specified in a greenhouse gas injection licence as mentioned in paragraph (3)(c).
If 2 or more identified greenhouse gas storage formations are specified in a greenhouse gas injection licence, different matters may be specified in the licence as mentioned in paragraphs (3)(d) to (j) for different identified greenhouse gas storage formations.
For the purposes of paragraph (3)(f), disregard any incidental greenhouse gas-related substances in determining the origin of a greenhouse gas substance.
If a greenhouse gas injection licence is granted under section 372 to the registered holder of a petroleum production licence on the basis that the responsible Commonwealth Minister is satisfied of the matter set out in subparagraph 370(c)(i), the origin or origins specified under paragraph (3)(f) of this section must be situated in the licence area of the petroleum production licence.
If a greenhouse gas injection licence is granted under section 372 to the registered holder of a petroleum production licence on the basis that the responsible Commonwealth Minister is satisfied of the matter set out in subparagraph 370(c)(ii), the specified origin or origins of some or all of the greenhouse gas substance must be situated in:
the licence area of a petroleum production licence; or
the licence areas of petroleum production licences.
If a greenhouse gas injection licence is tied to a petroleum production licence, the origin or origins specified under paragraph (3)(f) of this section must be situated in the licence area of the petroleum production licence.
The condition mentioned in subsection (3) must be specified in the licence.
Securities
A greenhouse gas injection licence is subject to the condition that, if the licensee is given a notice under section 454, the licensee will comply with the notice.
Access regime
A greenhouse gas injection licence is subject to the condition that, if:
regulations are made for the purposes of subsection (13); and
those regulations impose requirements on the licensee;
the licensee will comply with those requirements.
The regulations may establish a regime for third party access to services provided by means of the use of:
identified greenhouse gas storage formations; or
wells, equipment or structures for use in injecting greenhouse gas substances into identified greenhouse gas storage formations; or
equipment or structures for use in the processing, compressing or storing of greenhouse gas substances prior to the injection of the substances into identified greenhouse gas storage formations.
The regime established under subsection (13) does not apply to an identified greenhouse gas storage formation that is wholly situated in the licence area of a cross-boundary greenhouse gas injection licence.
Imposition of additional conditions
The responsible Commonwealth Minister may, by written notice given to the registered holder of a greenhouse gas injection licence, vary the licence by imposing one or more conditions to which the licence is subject.
A variation of a greenhouse gas injection licence under subsection (14) takes effect on the day on which notice of the variation is given to the licensee.
If:
a greenhouse gas injection licence is subject to a condition; and
the condition was imposed under subsection (14);
the responsible Commonwealth Minister may, by written notice given to the licensee, vary or revoke the condition.
A variation of a greenhouse gas injection licence under subsection (16) takes effect on the day on which notice of the variation is given to the licensee.
Subsection (17) does not limit section 436.
Other provisions
Despite subsection (2), the conditions mentioned in subsections (11) and (12) do not need to be specified in the licence.
Subsections (3), (11) and (12) do not limit subsection (1) or (14).
The Cross-boundary Authority may grant a cross-boundary greenhouse gas injection licence subject to whatever conditions the Cross-boundary Authority thinks appropriate.
The conditions (if any) must be specified in the licence.
Injection and storage of greenhouse gas substance
A cross-boundary greenhouse gas injection licence is subject to the condition that the licensee will not:
inject a greenhouse gas substance into an identified greenhouse gas storage formation that is wholly situated in the licence area; or
permanently store a greenhouse gas substance in an identified greenhouse gas storage formation that is wholly situated in the licence area;
unless:
the identified greenhouse gas storage formation is specified in the licence; and
the greenhouse gas substance is of a kind that is specified in the licence; and
the greenhouse gas substance complies with such requirements (if any) as are specified in the licence; and
the origin or origins of the greenhouse gas substance are as specified in the licence; and
the greenhouse gas substance is injected at a potential greenhouse gas injection site or sites specified in the licence; and
the greenhouse gas substance is injected during a period specified in the licence; and
the sum of:
the total amount of greenhouse gas substance that has already been injected into the identified greenhouse gas storage formation; and
the total amount of greenhouse gas substance that is proposed to be injected into the identified greenhouse gas storage formation;
does not exceed the amount specified in the licence; and
the rate, or range of rates, of injection of the greenhouse gas substance is as specified in the licence; and
in a case where the fundamental suitability determinants of the identified greenhouse gas storage formation include particular engineering enhancements—those engineering enhancements have been made.
The matters specified in the licence as mentioned in paragraphs (3)(d) to (k) must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.
To avoid doubt, 2 or more identified greenhouse gas storage formations may be specified in a cross-boundary greenhouse gas injection licence as mentioned in paragraph (3)(c).
If 2 or more identified greenhouse gas storage formations are specified in a cross-boundary greenhouse gas injection licence, different matters may be specified in the licence as mentioned in paragraphs (3)(d) to (j) for different identified greenhouse gas storage formations.
For the purposes of paragraph (3)(f), disregard any incidental greenhouse gas-related substances in determining the origin of a greenhouse gas substance.
The condition mentioned in subsection (3) must be specified in the licence.
Securities
A cross-boundary greenhouse gas injection licence is subject to the condition that, if the licensee is given a notice under section 454, the licensee will comply with the notice.
Access regime
A cross-boundary greenhouse gas injection licence is subject to the condition that, if:
regulations are made for the purposes of subsection (11); and
those regulations impose requirements on the licensee;
the licensee will comply with those requirements.
The regulations may establish a regime for third party access to services provided by means of the use of:
identified greenhouse gas storage formations; or
wells, equipment or structures for use in injecting greenhouse gas substances into identified greenhouse gas storage formations; or
equipment or structures for use in the processing, compressing or storing of greenhouse gas substances prior to the injection of the substances into identified greenhouse gas storage formations.
The regime established under subsection (11) does not apply to an identified greenhouse gas storage formation unless the formation is wholly situated in the licence area of a cross-boundary greenhouse gas injection licence.
Imposition of additional conditions
The Cross-boundary Authority may, by written notice given to the registered holder of a cross-boundary greenhouse gas injection licence, vary the licence by imposing one or more conditions to which the licence is subject.
A variation of a cross-boundary greenhouse gas injection licence under subsection (13) takes effect on the day on which notice of the variation is given to the licensee.
If:
a cross-boundary greenhouse gas injection licence is subject to a condition; and
the condition was imposed under subsection (13);
the Cross-boundary Authority may, by written notice given to the licensee, vary or revoke the condition.
A variation of a cross-boundary greenhouse gas injection licence under subsection (15) takes effect on the day on which notice of the variation is given to the licensee.
Subsection (16) does not limit section 439A.
Other provisions
Despite subsection (2), the conditions mentioned in subsections (9) and (10) do not need to be specified in the licence.
Subsections (3), (9) and (10) do not limit subsection (1) or (13).
A greenhouse gas injection licence remains in force indefinitely.
Subsection (1) has effect subject to this Chapter.
Note 1: For special rules about when a greenhouse gas injection licence ceases to be in force following the grant of a greenhouse gas holding lease, see sections 334 and 335E.
Note 2: For the termination of a greenhouse gas injection licence if there have been no injection operations for 5 years, see section 360.
Note 3: For the surrender of a greenhouse gas injection licence, see Part 3.10.
Note 4: For the cancellation of a greenhouse gas injection licence, see Part 3.11.
Scope
This section applies to a greenhouse gas injection licence if:
both:
a single identified greenhouse gas storage formation is specified in the licence; and
no operations to inject a greenhouse gas substance into the identified greenhouse gas storage formation have been carried on under the licence at any time during a continuous period of at least 5 years; or
both:
2 or more identified greenhouse gas storage formations are specified in the licence; and
no operations to inject a greenhouse gas substance into any of those identified greenhouse gas storage formations have been carried on under the licence at any time during a continuous period of at least 5 years.
Termination of licence
The responsible Commonwealth Minister may, by written notice given to the licensee, tell the licensee that the responsible Commonwealth Minister proposes to terminate the licence after the end of 30 days after the notice is given.
At any time after the end of 30 days after the notice is given to the licensee, the responsible Commonwealth Minister may, by written notice given to the licensee, terminate the licence.
Note: For remedial directions following termination, see sections 594A and 595.
In working out, for the purposes of this section, the period in which no operations to inject a greenhouse gas substance into an identified greenhouse gas storage formation were carried on under a greenhouse gas injection licence, disregard:
any period in which no such operations were carried on because of circumstances beyond the licensee’s control; and
any period in which no such operations were carried on because of a suspension under section 383.
For the purposes of paragraph (4)(a), the failure to obtain a greenhouse gas substance for injection into an identified greenhouse gas storage formation is not a circumstance beyond the licensee’s control.
Consultation
The responsible Commonwealth Minister may give a copy of a notice under subsection (2) to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
A notice under subsection (2) must:
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal to terminate the licence; and
specify a time limit for making that submission.
In deciding whether to terminate the licence, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
Offshore area of a State
If any part of the licence area of a cross-boundary greenhouse gas injection licence is included in the offshore area of a State, the whole of the licence area is taken, for all purposes of:
this Chapter and regulations made for the purposes of this Chapter; and
the remaining provisions of this Act and the regulations, so far as they relate to:
this Chapter; or
exploring for a potential greenhouse gas storage formation; or
exploring for a potential greenhouse gas injection site; or
the injection of a greenhouse gas substance; or
the storage of a greenhouse gas substance;
to be included in the offshore area of the State.
Principal Northern Territory offshore area
If any part of the licence area of a cross-boundary greenhouse gas injection licence is included in the Principal Northern Territory offshore area, the whole of the licence area is taken, for all purposes of:
this Chapter and regulations made for the purposes of this Chapter; and
the remaining provisions of this Act and the regulations, so far as they relate to:
this Chapter; or
exploring for a potential greenhouse gas storage formation; or
exploring for a potential greenhouse gas injection site; or
the injection of a greenhouse gas substance; or
the storage of a greenhouse gas substance;
to be included in the Principal Northern Territory offshore area.
Subdivision A—Application for greenhouse gas injection licence (other than a cross-boundary greenhouse gas injection licence) by the holder of a greenhouse gas assessment permit (other than a cross-boundary greenhouse gas assessment permit) or greenhouse gas holding lease (other than a cross-boundary greenhouse gas holding lease)
Scope
This section applies if:
a greenhouse gas assessment permit (other than a cross-boundary greenhouse gas assessment permit) or greenhouse gas holding lease (other than a cross-boundary greenhouse gas holding lease) is in force; and
one or more identified greenhouse gas storage formations are wholly situated in the permit area or lease area.
Single identified greenhouse gas storage formation
If a single identified greenhouse gas storage formation extends to:
only one block in the permit area or lease area; or
2 or more blocks in the permit area or lease area;
the permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formation extends.
Multiple identified greenhouse gas storage formations
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the permit area or lease area; and
a vertical line would not pass through a point in each of those identified greenhouse gas storage formations;
the permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block to which the identified greenhouse gas storage formations extend.
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to:
only one block in the permit area or lease area; or
2 or more blocks in the permit area or lease area; and
a vertical line would pass through a point in each of those identified greenhouse gas storage formations;
the permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the permit area or lease area; and
a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends;
the permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.
For the purposes of subsection (5), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:
have a side in common; or
are joined together at one point only.
Limit on application
If a greenhouse gas holding lease was granted under section 345 (or was granted by way of renewal of such a lease), the lessee is not entitled to make an application under this section unless:
the greenhouse gas holding lease is tied to a petroleum production licence; and
the lessee is the registered holder of the petroleum production licence.
Application
An application under this section must set out, for each identified greenhouse gas storage formation, each of the matters which the applicant seeks to have specified in the licence as mentioned in paragraphs 358(3)(d) to (k).
The matters set out in the application in accordance with subsection (8) must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.
An application under this section must:
be in the approved form; and
be accompanied by a draft site plan for the identified greenhouse gas storage formation or draft site plans for each of the identified greenhouse gas storage formations; and
be accompanied by any other information or documents required by the form.
An application under this section is taken to be accompanied by the draft site plan or plans referred to in paragraph (10)(b) if the plan or plans are given to the responsible Commonwealth Minister before the end of the 10-day period that began on the day after the application was made.
If the approved form requires the application to be accompanied by any other information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the 10-day period that began on the day after the application was made.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Variation of application
At any time before an offer document, or a notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.
A variation of an application must be made in an approved manner.
A variation of an application may be made:
on the applicant’s own initiative; or
at the request of the responsible Commonwealth Minister.
A variation of an application may set out any additional matters that the applicant wishes to be considered.
If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (12).
Application by permittee
If:
an application for the grant of a greenhouse gas injection licence has been made under section 361 by a greenhouse gas assessment permittee; and
the responsible Commonwealth Minister is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to:
inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing post-commencement petroleum exploration permit; or
an existing post-commencement petroleum retention lease (other than a petroleum retention lease granted under section 150); or
a future post-commencement petroleum production licence over the block or any of the blocks to which an existing post-commencement petroleum exploration permit, or an existing post-commencement petroleum retention lease (other than a petroleum retention lease granted under section 150), relates;
the responsible Commonwealth Minister is satisfied that the grant of the greenhouse gas injection licence is in the public interest; and
if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing pre-commencement petroleum title held by a person other than the applicant; or
an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
the registered holder of the pre-commencement petroleum title or the petroleum production licence, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
if:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre-commencement petroleum title over a block or blocks; and
the existing pre-commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
the registered holder of the existing pre-commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
to the extent to which the agreement is a dealing to which Part 4.6 would apply if the future pre-commencement petroleum title were to come into existence—it is reasonably likely that the dealing would, after the future pre-commencement petroleum title comes into existence, be approved under section 493; and
to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
if:
the responsible Commonwealth Minister is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and
the block or blocks as to which the responsible Commonwealth Minister is so satisfied are within the licence area of a petroleum production licence, the permit area of a pre-commencement petroleum exploration permit or the lease area of a pre-commencement petroleum retention lease; and
the recovery of the petroleum passes the commercial viability test set out in subsection (5);
the responsible Commonwealth Minister is satisfied that there is no significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on operations to recover the petroleum; and
the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations; and
the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 358(3)(d) to (k) will be in accordance with the application.
Application by lessee
If:
an application for the grant of a greenhouse gas injection licence has been made under section 361 by a greenhouse gas holding lessee; and
the responsible Commonwealth Minister is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to:
inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing post-commencement petroleum exploration permit; or
an existing post-commencement petroleum retention lease (other than a petroleum retention lease granted under section 150); or
a future post-commencement petroleum production licence over the block or any of the blocks to which an existing post-commencement petroleum exploration permit, or an existing post-commencement petroleum retention lease (other than a petroleum retention lease granted under section 150), relates;
the responsible Commonwealth Minister is satisfied that the grant of the greenhouse gas injection licence is in the public interest; and
if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing pre-commencement petroleum title held by a person other than the applicant; or
an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
the registered holder of the pre-commencement petroleum title or the petroleum production licence, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
if:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre-commencement petroleum title over a block or blocks; and
the existing pre-commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
the registered holder of the existing pre-commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
to the extent to which the agreement is a dealing to which Part 4.6 would apply if the future pre-commencement petroleum title were to come into existence—it is reasonably likely that the dealing would, after the future pre-commencement petroleum title comes into existence, be approved under section 493; and
to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
if:
the responsible Commonwealth Minister is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and
the block or blocks as to which the responsible Commonwealth Minister is so satisfied are within the licence area of a petroleum production licence, the permit area of a pre-commencement petroleum exploration permit or the lease area of a pre-commencement petroleum retention lease; and
the recovery of the petroleum passes the commercial viability test set out in subsection (5);
the responsible Commonwealth Minister is satisfied that there is no significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on operations to recover the petroleum; and
the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations; and
the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 358(3)(d) to (k) will be in accordance with the application.
Public interest
For the purposes of paragraphs (1)(c) and (2)(c), in considering whether the grant of the greenhouse gas injection licence is in the public interest, the responsible Commonwealth Minister must have regard to:
whether the registered holder of the existing post-commencement petroleum exploration permit or existing post-commencement petroleum retention lease, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
if so—the terms of that agreement.
Subsection (3) does not limit the matters to which the responsible Commonwealth Minister may have regard.
Commercial viability test
(5) For the purposes of subparagraphs (1)(f)(iii) and (2)(f)(iii), the recovery of petroleum passes the commercial viability test if, and only if, the responsible Commonwealth Minister is satisfied that:
the recovery is commercially viable; or
the recovery is not commercially viable, but is likely to become commercially viable within 15 years.
Deferral of decision
This section has effect subject to section 365.
Scope
This section applies if:
an application for a greenhouse gas injection licence has been made under section 361; and
the responsible Commonwealth Minister is not required by section 362 to give the applicant an offer document.
Notice
The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant the applicant a greenhouse gas injection licence.
Deferral of decision
This section has effect subject to section 365.
If:
an applicant has been given an offer document under section 362; and
the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must grant the applicant a greenhouse gas injection licence over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
Scope
This section applies if:
an application for the grant of a greenhouse gas injection licence has been made under section 361; and
when the application for the greenhouse gas injection licence was made, an application for a post-commencement petroleum exploration permit was being considered by the Joint Authority; and
the responsible Commonwealth Minister considers that it would be in the public interest to defer taking any action under section 362 or 363 in relation to the application for the grant of the greenhouse gas injection licence until the application for the post-commencement petroleum exploration permit is finalised.
Deferral
The responsible Commonwealth Minister must not take any action under section 362 or 363 in relation to the application for the greenhouse gas injection licence until 24 hours after whichever of the following events happens first:
the Joint Authority grants the post-commencement petroleum exploration permit to the applicant for the permit;
the application for the post-commencement petroleum exploration permit lapses;
the Joint Authority refuses to grant the post-commencement petroleum exploration permit to the applicant for the permit.
When a greenhouse gas injection licence under section 364 comes into force in relation to one or more blocks, a greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force to the extent to which it relates to those blocks.
Scope
This section applies if a transfer of a greenhouse gas assessment permit is registered under section 530:
after an application has been made under section 361 for the grant of a greenhouse gas injection licence over a block or blocks in relation to which the greenhouse gas assessment permit is in force; and
before any action has been taken by the responsible Commonwealth Minister under section 362 or 363 in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 361 to 364 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Scope
This section applies if a transfer of a greenhouse gas holding lease is registered under section 530:
after an application has been made under section 361 for the grant of a greenhouse gas injection licence over a block or blocks in relation to which the greenhouse gas holding lease is in force; and
before any action has been taken by the responsible Commonwealth Minister under section 362 or 363 in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 361 to 364 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision AA—Application for cross-boundary greenhouse gas injection licence by the holder of a cross-boundary greenhouse gas assessment permit or cross-boundary greenhouse gas holding lease
Scope
This section applies if:
a cross-boundary greenhouse gas assessment permit or a cross-boundary greenhouse gas holding lease is in force; and
one or more identified greenhouse gas storage formations are wholly situated in the permit area or lease area; and
either:
in a case where part of the permit area or lease area is in the coastal waters of a State—the State has a compatible cross-boundary law; or
in a case where part of the permit area or lease area is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross-boundary law.
Single identified greenhouse gas storage formation
If a single identified greenhouse gas storage formation extends to:
only one block in the permit area or lease area; or
2 or more blocks in the permit area or lease area;
the permittee or lessee may apply to the Titles Administrator for the grant by the Cross-boundary Authority of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formation extends.
Multiple identified greenhouse gas storage formations
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the permit area or lease area; and
a vertical line would not pass through a point in each of those identified greenhouse gas storage formations;
the permittee or lessee may apply to the Titles Administrator for the grant by the Cross-boundary Authority of a greenhouse gas injection licence over the block to which the identified greenhouse gas storage formations extend.
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to:
only one block in the permit area or lease area; or
2 or more blocks in the permit area or lease area; and
a vertical line would pass through a point in each of those identified greenhouse gas storage formations;
the permittee or lessee may apply to the Titles Administrator for the grant by the Cross-boundary Authority of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the permit area or lease area; and
a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends;
the permittee or lessee may apply to the Titles Administrator for the grant by the Cross-boundary Authority of a greenhouse gas injection licence over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.
For the purposes of subsection (5), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:
have a side in common; or
are joined together at one point only.
Application
An application under this section must set out, for each identified greenhouse gas storage formation, each of the matters which the applicant seeks to have specified in the licence as mentioned in paragraphs 358A(3)(d) to (k).
The matters set out in the application in accordance with subsection (7) must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.
An application under this section must:
be in the approved form; and
be accompanied by a draft site plan for the identified greenhouse gas storage formation or draft site plans for each of the identified greenhouse gas storage formations; and
be accompanied by any other information or documents required by the form.
An application under this section is taken to be accompanied by the draft site plan or plans referred to in paragraph (9)(b) if the plan or plans are given to the Titles Administrator before the expiry date of the cross-boundary greenhouse gas assessment permit or a cross-boundary greenhouse gas holding lease (as the case may be).
If the approved form requires the application to be accompanied by any other information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the expiry date of the cross-boundary greenhouse gas assessment permit or a cross-boundary greenhouse gas holding lease (as the case may be).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Variation of application
At any time before an offer document, or a notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the Cross-boundary Authority, vary the application.
A variation of an application must be made in an approved manner.
A variation of an application may be made:
on the applicant’s own initiative; or
at the request of the Cross-boundary Authority.
A variation of an application may set out any additional matters that the applicant wishes to be considered.
If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (11).
Application by permittee
If:
an application for the grant of a greenhouse gas injection licence has been made under section 368A by a greenhouse gas assessment permittee; and
the Cross-boundary Authority is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to:
inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing post-commencement petroleum exploration permit; or
an existing post-commencement petroleum retention lease (other than a petroleum retention lease granted under section 150); or
a future post-commencement petroleum production licence over the block or any of the blocks to which an existing post-commencement petroleum exploration permit, or an existing post-commencement petroleum retention lease (other than a petroleum retention lease granted under section 150), relates; or
an existing post-commencement State/Territory petroleum exploration title; or
an existing post-commencement State/Territory petroleum retention title (other than a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 150); or
a future post-commencement State/Territory petroleum production title over the State/Territory block or any of the State/Territory blocks to which an existing post-commencement State/Territory petroleum exploration title, or an existing post-commencement State/Territory petroleum retention title (other than a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 150), relates;
the responsible Commonwealth Minister is satisfied that the grant of the greenhouse gas injection licence is in the public interest; and
if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing pre-commencement petroleum title held by a person other than the applicant; or
an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
the registered holder of the pre-commencement petroleum title or the petroleum production licence, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing pre-commencement State/Territory petroleum title held by a person other than the applicant; or
an existing State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
the holder of the pre-commencement State/Territory petroleum title or the State/Territory petroleum production title, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 apply—the dealing has been approved under a provision of a law of the relevant State or Territory that corresponds to section 493 or the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that the dealing is reasonably likely to be approved under that provision; and
if:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre-commencement petroleum title over a block or blocks; and
the existing pre-commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
the registered holder of the existing pre-commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
to the extent to which the agreement is a dealing to which Part 4.6 would apply if the future pre-commencement petroleum title were to come into existence—it is reasonably likely that the dealing would, after the future pre-commencement petroleum title comes into existence, be approved under section 493; and
to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
if:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre-commencement State/Territory petroleum title over a State/Territory block or State/Territory blocks; and
the existing pre-commencement State/Territory petroleum title in force over the State/Territory block or any of the State/Territory blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
the holder of the existing pre-commencement State/Territory petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 apply—the dealing has been approved under a provision of a law of the relevant State or Territory that corresponds to section 493 or the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that the dealing is reasonably likely to be approved under that provision; and
to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 would apply if the future pre-commencement State/Territory petroleum title were to come into existence—the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that it is reasonably likely that the dealing would, after the future pre-commencement State/Territory petroleum title comes into existence, be approved under a provision of a law of the relevant State or Territory that corresponds to section 493; and
to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under a provision of a law of the relevant State or Territory that corresponds to section 543; and
if:
the responsible Commonwealth Minister is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and
the block or blocks as to which the responsible Commonwealth Minister is so satisfied are within the licence area of a petroleum production licence, the permit area of a pre-commencement petroleum exploration permit, the lease area of a pre-commencement petroleum retention lease, the relevant area of a pre-commencement State/Territory petroleum exploration title, the relevant area of a pre-commencement State/Territory petroleum retention title or the relevant area of a State/Territory petroleum production title; and
the recovery of the petroleum passes the commercial viability test set out in subsection (5);
the responsible Commonwealth Minister is satisfied that there is no significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on operations to recover the petroleum; and
the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations; and
the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the Cross-boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross-boundary Authority is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 358A(3)(d) to (k) will be in accordance with the application, so long as:
in a case where part of the licence area would be in the coastal waters of a State—the State has consented to the giving of the offer document; or
in a case where part of the licence area would be in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Application by lessee
If:
an application for the grant of a greenhouse gas injection licence has been made under section 368A by a greenhouse gas holding lessee; and
the Cross-boundary Authority is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to:
inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing post-commencement petroleum exploration permit; or
an existing post-commencement petroleum retention lease (other than a petroleum retention lease granted under section 150); or
a future post-commencement petroleum production licence over the block or any of the blocks to which an existing post-commencement petroleum exploration permit, or an existing post-commencement petroleum retention lease (other than a petroleum retention lease granted under section 150), relates; or
an existing post-commencement State/Territory petroleum exploration title; or
an existing post-commencement State/Territory petroleum retention title (other than a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 150); or
a future post-commencement State/Territory petroleum production title over the State/Territory block or any of the State/Territory blocks to which an existing post-commencement State/Territory petroleum exploration title, or an existing post-commencement State/Territory petroleum retention title (other than a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 150), relates;
the responsible Commonwealth Minister is satisfied that the grant of the greenhouse gas injection licence is in the public interest; and
if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing pre-commencement petroleum title held by a person other than the applicant; or
an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
the registered holder of the pre-commencement petroleum title or the petroleum production licence, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing pre-commencement State/Territory petroleum title held by a person other than the applicant; or
an existing State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
the holder of the pre-commencement State/Territory petroleum title or the State/Territory petroleum production title, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 apply—the dealing has been approved under a provision of a law of the relevant State or Territory that corresponds to section 493 or the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that the dealing is reasonably likely to be approved under that provision; and
if:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre-commencement petroleum title over a block or blocks; and
the existing pre-commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
the registered holder of the existing pre-commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
to the extent to which the agreement is a dealing to which Part 4.6 would apply if the future pre-commencement petroleum title were to come into existence—it is reasonably likely that the dealing would, after the future pre-commencement petroleum title comes into existence, be approved under section 493; and
to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
if:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre-commencement State/Territory petroleum title over a block or blocks; and
the existing pre-commencement State/Territory petroleum title in force over the State/Territory block or any of the State/Territory blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
the holder of the existing pre-commencement State/Territory petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 apply—the dealing has been approved under a provision of a law of the relevant State or Territory that corresponds to section 493 or the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that the dealing is reasonably likely to be approved under that provision; and
to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 would apply if the future pre-commencement State/Territory petroleum title were to come into existence—the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that it is reasonably likely that the dealing would, after the future pre-commencement State/Territory petroleum title comes into existence, be approved under a provision of a law of the relevant State or Territory that corresponds to section 493; and
to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under a provision of a law of the relevant State or Territory that corresponds to section 543; and
if:
the responsible Commonwealth Minister is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and
the block or blocks as to which the responsible Commonwealth Minister is so satisfied are within the licence area of a petroleum production licence, the permit area of a pre-commencement petroleum exploration permit, the lease area of a pre-commencement petroleum retention lease, the relevant area of a pre-commencement State/Territory petroleum exploration title, the relevant area of a pre-commencement State/Territory petroleum retention title or the relevant area of a State/Territory petroleum production title; and
the recovery of the petroleum passes the commercial viability test set out in subsection (5);
the responsible Commonwealth Minister is satisfied that there is no significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on operations to recover the petroleum; and
the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations; and
the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the Cross-boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross-boundary Authority is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 358A(3)(d) to (k) will be in accordance with the application, so long as:
in a case where part of the licence area would be in the coastal waters of a State—the State has consented to the giving of the offer document; or
in a case where part of the licence area would be in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Public interest
For the purposes of paragraphs (1)(c) and (2)(c), in considering whether the grant of the greenhouse gas injection licence is in the public interest, the responsible Commonwealth Minister must have regard to:
whether:
the registered holder of the existing post-commencement petroleum exploration permit or existing post-commencement petroleum retention lease; or
the holder of the existing post-commencement State/Territory petroleum exploration title or existing post-commencement State/Territory petroleum retention title;
as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
if so—the terms of that agreement.
Subsection (3) does not limit the matters to which the responsible Commonwealth Minister may have regard.
Commercial viability test
(5) For the purposes of subparagraphs (1)(h)(iii) and (2)(h)(iii), the recovery of petroleum passes the commercial viability test if, and only if, the responsible Commonwealth Minister is satisfied that:
the recovery is commercially viable; or
the recovery is not commercially viable, but is likely to become commercially viable within 15 years.
Before attaining a state of satisfaction under subsection (5) in relation to the recovery of petroleum under a State/Territory petroleum title, the responsible Commonwealth Minister must consult:
if the State/Territory petroleum title was granted under a law of a State—the responsible State Minister for the State; or
if the State/Territory petroleum title was granted under a law of the Northern Territory—the responsible Northern Territory Minister.
Deferral of decision
This section has effect subject to section 368E.
Scope
This section applies if:
an application for a greenhouse gas injection licence has been made under section 368A; and
the Cross-boundary Authority is not required by section 368B to give the applicant an offer document.
Notice
The Cross-boundary Authority must, by written notice given to the applicant, refuse to grant the applicant a greenhouse gas injection licence.
Deferral of decision
This section has effect subject to section 368E.
If:
an applicant has been given an offer document under section 368B; and
the applicant has made a request under section 431A in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the Cross-boundary Authority must grant the applicant a greenhouse gas injection licence over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431A within the period applicable under that section, the application lapses at the end of that period—see subsection 431A(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
Scope
This section applies if:
an application for the grant of a greenhouse gas injection licence has been made under section 368A; and
when the application for the greenhouse gas injection licence was made:
an application for a post-commencement petroleum exploration permit was being considered by the Joint Authority; or
an application for a post-commencement State/Territory petroleum exploration title was being considered by the responsible State Minister or the responsible Northern Territory Minister; and
the Cross-boundary Authority considers that it would be in the public interest to defer taking any action under section 368B or 368C in relation to the application for the grant of the greenhouse gas injection licence until the application for the post-commencement petroleum exploration permit or the post-commencement State/Territory petroleum exploration title is finalised.
Deferral
The Cross-boundary Authority must not take any action under section 368B or 368C in relation to the application for the greenhouse gas injection licence until 24 hours after whichever of the following events happens first:
if subparagraph (1)(b)(i) applies—the Joint Authority grants the post-commencement petroleum exploration permit to the applicant for the permit;
if subparagraph (1)(b)(i) applies—the application for the post-commencement petroleum exploration permit lapses;
if subparagraph (1)(b)(i) applies—the Joint Authority refuses to grant the post-commencement petroleum exploration permit to the applicant for the permit;
if subparagraph (1)(b)(ii) applies—the responsible State Minister or the responsible Northern Territory Minister grants the post-commencement State/Territory petroleum exploration title to the applicant for the title;
if subparagraph (1)(b)(ii) applies—the application for the post-commencement State/Territory petroleum exploration title lapses;
if subparagraph (1)(b)(ii) applies—the responsible State Minister or the responsible Northern Territory Minister refuses to grant the post-commencement State/Territory petroleum exploration title to the applicant for the title.
When a greenhouse gas injection licence under section 368D comes into force in relation to one or more blocks, a greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force to the extent to which it relates to those blocks.
Scope
This section applies if a transfer of a greenhouse gas assessment permit is registered under section 530:
after an application has been made under section 368A for the grant of a greenhouse gas injection licence over a block or blocks in relation to which the greenhouse gas assessment permit is in force; and
before any action has been taken by the Cross-boundary Authority under section 368B or 368C in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 368A to 368D and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Scope
This section applies if a transfer of a greenhouse gas holding lease is registered under section 530:
after an application has been made under section 368A for the grant of a greenhouse gas injection licence over a block or blocks in relation to which the greenhouse gas holding lease is in force; and
before any action has been taken by the Cross-boundary Authority under section 368B or 368C in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 368A to 368D and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision B—Application for greenhouse gas injection licence by the holder of a petroleum production licence
Scope
This section applies if:
a petroleum production licence is in force; and
one or more identified greenhouse gas storage formations are wholly situated in the licence area.
Single identified greenhouse gas storage formation
If:
a single identified greenhouse gas storage formation extends to:
only one block in the licence area; or
2 or more blocks in the licence area; and
none of the following is in force over the block or blocks to which the identified greenhouse gas storage formation extends:
a greenhouse gas injection licence;
a greenhouse gas holding lease;
a greenhouse gas assessment permit;
the petroleum production licensee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formation extends.
Multiple identified greenhouse gas storage formations
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the licence area; and
a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
none of the following is in force over the block to which the identified greenhouse gas storage formations, when considered together, extend:
a greenhouse gas injection licence;
a greenhouse gas holding lease;
a greenhouse gas assessment permit;
the petroleum production licensee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block to which the identified greenhouse gas storage formations, when considered together, extend.
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to:
only one block in the licence area; or
2 or more blocks in the licence area; and
a vertical line would pass through a point in each of those identified greenhouse gas storage formations; and
none of the following is in force over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend:
a greenhouse gas injection licence;
a greenhouse gas holding lease;
a greenhouse gas assessment permit;
the petroleum production licensee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.
If:
2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the licence area; and
a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends; and
none of the following is in force over the blocks to which the identified greenhouse gas storage formations, when considered together, extend:
a greenhouse gas injection licence;
a greenhouse gas holding lease;
a greenhouse gas assessment permit;
the petroleum production licensee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.
For the purposes of subsection (5), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:
have a side in common; or
are joined together at one point only.
Application
An application under this section must set out, for each identified greenhouse gas storage formation, each of the matters which the applicant seeks to have specified in the licence as mentioned in paragraphs 358(3)(d) to (k).
The matters set out in the application in accordance with subsection (7) must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.
An application under this section must:
be in the approved form; and
be accompanied by a draft site plan for the identified greenhouse gas storage formation or draft site plans for each of the identified greenhouse gas storage formations; and
be accompanied by any other information or documents required by the form.
An application under this section is taken to be accompanied by the draft site plan or plans referred to in paragraph (9)(b) if the plan or plans are given to the responsible Commonwealth Minister before the end of the 10-day period that began on the day after the application was made.
If the approved form requires the application to be accompanied by any other information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the 10-day period that began on the day after the application was made.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Variation of application
At any time before an offer document, or a notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.
A variation of an application must be made in an approved manner.
A variation of an application may be made:
on the applicant’s own initiative; or
at the request of the responsible Commonwealth Minister.
A variation of an application may set out any additional matters that the applicant wishes to be considered.
If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (11).
If:
an application for a greenhouse gas injection licence has been made under section 369 by the registered holder of a petroleum production licence; and
the responsible Commonwealth Minister is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to:
inject a greenhouse gas substance into the identified greenhouse gas storage formation or formations concerned; and
permanently store the greenhouse gas substance in the identified greenhouse gas storage formation or formations concerned; and
either:
the responsible Commonwealth Minister is satisfied that all of the greenhouse gas substance injected into the identified greenhouse gas storage formation or formations concerned will be obtained as a by-product of petroleum recovery operations carried on under the petroleum production licence; or
the responsible Commonwealth Minister is satisfied that some or all of the greenhouse gas substance injected into the identified greenhouse gas storage formation or formations concerned will be obtained as a by-product of petroleum recovery operations carried on under any petroleum production licence, and that the grant of the greenhouse gas injection licence is in the public interest; and
if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
an existing post-commencement petroleum exploration permit; or
an existing post-commencement petroleum retention lease (other than a petroleum retention lease granted under section 150); or
a future post-commencement petroleum production licence over the block or any of the blocks to which an existing post-commencement petroleum exploration permit, or an existing post-commencement petroleum retention lease (other than a petroleum retention lease granted under section 150), relates;
the responsible Commonwealth Minister is satisfied that:
the grant of the greenhouse gas injection licence is in the public interest; or
the registered holder of the petroleum exploration permit or petroleum retention lease, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence to the applicant; and
if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under an existing pre-commencement petroleum title—the responsible Commonwealth Minister is satisfied that the registered holder of the pre-commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence to the applicant; and
if:
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre-commencement petroleum title over a block or blocks; and
a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks;
the responsible Commonwealth Minister is satisfied that the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence covered by subparagraph (ii) has agreed, in writing, to the grant of the greenhouse gas injection licence; and
if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on:
petroleum explorations operations; or
petroleum recovery operations;
that are being, or could be, carried on under an existing petroleum production licence held by a person other than the applicant—the responsible Commonwealth Minister is satisfied that the registered holder of the petroleum production licence has agreed, in writing, to the grant of the greenhouse gas injection licence to the applicant; and
the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations; and
the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister may give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 358(3)(d) to (k) will be in accordance with the application.
Scope
This section applies if:
an application for a greenhouse gas injection licence has been made under section 369; and
the responsible Commonwealth Minister refuses to give the applicant an offer document.
Notice
The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant the applicant a greenhouse gas injection licence.
If:
an applicant has been given an offer document under section 370; and
the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must grant the applicant a greenhouse gas injection licence over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
Scope
This section applies if a transfer of a petroleum production licence is registered under section 479:
after an application has been made under section 369 for the grant of a greenhouse gas injection licence over a block or blocks in relation to which the petroleum production licence is in force; and
before any action has been taken by the responsible Commonwealth Minister under section 370 or 371 in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 369 to 372 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Application
A greenhouse gas injection licensee (other than a cross-boundary greenhouse gas injection licensee) may apply to the responsible Commonwealth Minister for the variation by the responsible Commonwealth Minister of a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k).
Note 1: Consultation procedures apply—see section 434.
Note 2: Part 3.8 contains additional provisions about application procedures.
Note 3: Section 427 requires the application to be accompanied by an application fee.
Note 4: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
An application under subsection (1) must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the 10-day period that began on the day after the application was made.
Variation
If an application is made under subsection (1), the responsible Commonwealth Minister may, by written notice given to the licensee:
vary the matter in accordance with the application; or
refuse to vary the matter in accordance with the application.
In making a decision under subsection (3), the responsible Commonwealth Minister:
must have regard to the matters specified in subsection (3B); and
may have regard to any other matters the responsible Commonwealth Minister considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence as varied; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence as varied;
any other matters prescribed by the regulations.
If a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) is varied under this section, the varied matter must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.
If:
the licence was granted under section 372 to the registered holder of a petroleum production licence on the basis that the responsible Commonwealth Minister was satisfied of the matter set out in subparagraph 370(c)(i); and
the responsible Commonwealth Minister is satisfied that it is in the public interest to do so;
the responsible Commonwealth Minister may exercise the power of variation conferred by subsection (3) as if the licence had been granted on the basis that the responsible Commonwealth Minister had been satisfied of the matter set out in subparagraph 370(c)(ii).
(5) A variation of a matter under this section takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 734.
Application
A cross-boundary greenhouse gas injection licensee may apply to the Titles Administrator for the variation by the responsible Commonwealth Minister of a matter specified in the licence as mentioned in any of paragraphs 358A(3)(c) to (k).
Note 1: Consultation procedures apply—see section 434.
Note 2: Part 3.8 contains additional provisions about application procedures.
Note 3: Section 427 requires the application to be accompanied by an application fee.
Note 4: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
An application under subsection (1) must:
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10-day period that began on the day after the application was made.
Variation
If an application is made under subsection (1), the responsible Commonwealth Minister may, by written notice given to the licensee:
vary the matter in accordance with the application; or
refuse to vary the matter in accordance with the application.
In making a decision under subsection (3), the responsible Commonwealth Minister:
must have regard to the matters specified in subsection (3B); and
may have regard to any other matters the responsible Commonwealth Minister considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the applicant are sufficient to:
carry out the operations and works that will be authorised by the licence as varied; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence as varied;
any other matters prescribed by the regulations.
If a matter specified in the licence as mentioned in any of paragraphs 358A(3)(c) to (k) is varied under this section, the varied matter must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.
A variation of a matter under this section takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 734.
Scope
This section applies in relation to a greenhouse gas injection licence if:
a declaration is in force under section 312 or 312A in relation to an identified greenhouse gas storage formation that is wholly situated in the licence area; and
the declaration is varied under section 313; and
apart from this section, a matter specified in the declaration would be inconsistent with a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k).
Variation of a matter specified in the licence
The responsible Commonwealth Minister must, by written notice given to the licensee, vary the matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k) for the purposes of removing that inconsistency.
(3) A variation of a matter under this section takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 734.
The responsible Commonwealth Minister may, by written notice given to a greenhouse gas injection licensee, give the licensee a direction for the purpose of:
eliminating; or
mitigating; or
managing;
the risk that operations carried out under the licence could:
have a significant adverse impact on a geological formation, or a part of a geological formation, that contains, or is likely to contain, a petroleum pool; or
otherwise compromise the exploitation of any petroleum that occurs as a natural resource.
A direction under this section may require the licensee to do something:
in the licence area; or
in an offshore area but outside the licence area.
A direction under this section has effect, and must be complied with, despite:
any previous direction under this section; and
anything in the regulations (other than prescribed regulations, or a prescribed provision of regulations, made under this Act) or the applied provisions.
A direction under this section prevails over:
anything in an approved site plan for an identified greenhouse gas storage formation specified in the licence; or
anything specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);
to the extent of any inconsistency.
A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
To avoid doubt, subsection (5) applies to an instrument, whether issued or made in Australia or outside Australia.
A direction under this section may prohibit the doing of an act or thing:
unconditionally; or
subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
A direction under this section is not a legislative instrument.
If:
a direction under this section is in force in relation to a greenhouse gas injection licence; and
apart from subsection (4), the direction would be inconsistent with a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);
the responsible Commonwealth Minister may, by written notice given to the licensee, vary the matter for the purposes of removing that inconsistency.
(10) A variation of a matter under subsection (9) takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 734.
The regulations may provide that, if:
a direction under this section is in force in relation to a greenhouse gas injection licence; and
apart from subsection (4), the direction would be inconsistent with anything in an approved site plan for an identified greenhouse gas storage formation specified in the licence;
then:
the licensee must, within the period ascertained in accordance with the regulations:
prepare a draft variation of the approved site plan for the purposes of removing that inconsistency; and
give the draft variation to the responsible Commonwealth Minister; and
the responsible Commonwealth Minister must, by written notice given to the licensee:
approve the variation; or
refuse to approve the variation; and
if the responsible Commonwealth Minister approves the variation—the approved site plan is varied accordingly.
If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.
Scope
This section applies if:
the responsible Commonwealth Minister proposes to give a direction under section 376 to a greenhouse gas injection licensee; and
(b) the direction requires the licensee to do something in an area (the action area); and
the action area is, to any extent, the subject of:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; or
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
a petroleum special prospecting authority; or
a State/Territory petroleum exploration title; or
a State/Territory petroleum retention title; or
a State/Territory petroleum production title; and
if subparagraph (c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) applies—the licensee mentioned in paragraph (a) is not the registered holder of the permit, lease, licence or authority mentioned in that subparagraph; and
if subparagraph (c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) applies—the registered holder of the permit, lease, licence or authority mentioned in that subparagraph has not given written consent to the giving of the direction; and
if subparagraph (c)(ix), (x) or (xi) applies—the licensee mentioned in paragraph (a) is not the holder of the title mentioned in that subparagraph; and
if subparagraph (c)(ix), (x) or (xi) applies—the holder of the title mentioned in that subparagraph has not given written consent to the giving of the direction.
Consultation
Before giving the direction, the responsible Commonwealth Minister must:
by written notice given to the registered holder of the permit, lease, licence or authority mentioned in subparagraph (1)(c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) or the holder of the title mentioned in subparagraph (1)(c)(ix), (x) or (xi), as the case requires, give at least 30 days notice of the responsible Commonwealth Minister’s intention to give the direction; and
give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
The notice must:
set out details of the direction that is proposed to be given; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and
specify a time limit for making that submission.
In deciding whether to give the direction, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
Emergencies
However, if the responsible Commonwealth Minister is satisfied that the direction is required to deal with an emergency:
subsections (2), (3) and (4) do not apply to the direction; and
as soon as practicable after the direction is given, the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease, licence or authority mentioned in subparagraph (1)(c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) or the holder of the title mentioned in subparagraph (1)(c)(ix), (x) or (xi), as the case requires.
A person commits an offence if:
the person is given a direction under section 376; and
the person engages in conduct; and
the person’s conduct breaches the direction.
Penalty: 100 penalty units.
An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
(1) For the purposes of this Act, a serious situation exists in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence if:
a greenhouse gas substance injected into the identified greenhouse gas storage formation:
has leaked; or
is leaking;
from the identified greenhouse gas storage formation; or
there is a significant risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will leak from the identified greenhouse gas storage formation; or
a greenhouse gas substance:
has leaked; or
is leaking;
in the course of being injected into the identified greenhouse gas storage formation; or
there is a significant risk that a greenhouse gas substance will leak in the course of being injected into the identified greenhouse gas storage formation; or
a greenhouse gas substance injected into the identified greenhouse gas storage formation:
has behaved; or
is behaving;
otherwise than as predicted in Part A of the approved site plan for the identified greenhouse gas storage formation; or
there is a significant risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will behave otherwise than as predicted in Part A of the approved site plan for the identified greenhouse gas storage formation; or
either:
the injection of a greenhouse gas substance into the identified greenhouse gas storage formation; or
the storage of a greenhouse gas substance in the identified greenhouse gas storage formation;
has had, or is having, a significant adverse impact on the geotechnical integrity of the whole or a part of a geological formation or geological structure; or
there is a significant risk that:
the injection of a greenhouse gas substance into the identified greenhouse gas storage formation; or
the storage of a greenhouse gas substance in an identified greenhouse gas storage formation;
will have a significant adverse impact on the geotechnical integrity of the whole or a part of a geological formation or geological structure; or
the identified greenhouse gas storage formation is not suitable (with or without engineering enhancements) for the permanent storage of the relevant amount of the relevant greenhouse gas substance injected at the relevant point or points over the relevant period.
For the purposes of paragraph (1)(i):
(a) the relevant amount is the total amount of greenhouse gas substance authorised to be injected into the identified greenhouse gas storage formation under the licence; and
(b) the relevant greenhouse gas substance is the kind of greenhouse gas substance that is authorised to be injected into the identified greenhouse gas storage formation under the licence; and
(c) the relevant point or points is the potential greenhouse gas injection site or sites at which the greenhouse gas substance is authorised to be injected into the identified greenhouse gas storage formation under the licence; and
(d) the relevant period is the period during which the greenhouse gas substance is authorised to be injected into the identified greenhouse gas storage formation under the licence.
Note: See subsections 358(3) and 358A(3).
If the responsible Commonwealth Minister is satisfied that a serious situation exists in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, the responsible Commonwealth Minister may, by written notice given to the licensee, direct the licensee:
to take all reasonable steps to ensure that operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation are carried on in a manner specified in the direction; or
to take all reasonable steps to ensure that operations for the storage of a greenhouse gas substance in the identified greenhouse gas storage formation are carried on in a manner specified in the direction; or
to cease or suspend the injection of a greenhouse gas substance at a site or sites specified in the direction; or
to inject a greenhouse gas substance into the identified greenhouse gas storage formation at a site or sites specified in the direction; or
to cease or suspend operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation; or
to undertake such activities as are specified in the direction for the purpose of:
eliminating; or
mitigating; or
managing; or
remediating;
the serious situation; or
to take such action as is specified in the direction; or
not to take such action as is specified in the direction.
A direction under this section may require the licensee to do something:
in the licence area; or
in an offshore area but outside the licence area.
Paragraphs (1)(a) to (f) do not limit paragraph (1)(g).
Paragraphs (1)(a) to (f) do not limit paragraph (1)(h).
A direction under this section has effect, and must be complied with, despite:
any previous direction under this section; and
anything in the regulations or the applied provisions.
A direction under this section prevails over:
anything in an approved site plan for the identified greenhouse gas storage formation; or
anything specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);
to the extent of any inconsistency.
A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
To avoid doubt, subsection (7) applies to an instrument, whether issued or made in Australia or outside Australia.
A direction under this section may prohibit the doing of an act or thing:
unconditionally; or
subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
A direction under this section is not a legislative instrument.
If:
a direction under this section is in force in relation to a greenhouse gas injection licence; and
apart from subsection (6), the direction would be inconsistent with a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);
the responsible Commonwealth Minister may, by written notice given to the licensee, vary the matter for the purposes of removing that inconsistency.
(12) A variation of a matter under subsection (11) takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 734.
The regulations may provide that, if:
a direction under this section is in force in relation to a greenhouse gas injection licence; and
apart from subsection (6), the direction would be inconsistent with anything in an approved site plan for the identified greenhouse gas storage formation;
then:
the licensee must, within the period ascertained in accordance with the regulations:
prepare a draft variation of the approved site plan for the purposes of removing that inconsistency; and
give the draft variation to the responsible Commonwealth Minister; and
the responsible Commonwealth Minister must, by written notice given to the licensee:
approve the variation; or
refuse to approve the variation; and
if the responsible Commonwealth Minister approves the variation—the approved site plan is varied accordingly.
If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.
Scope
This section applies if:
the responsible Commonwealth Minister proposes to give a direction under section 380 to a greenhouse gas injection licensee; and
(b) the direction requires the licensee to do something in an area (the action area) in an offshore area but outside the licence area; and
the action area is, to any extent, the subject of:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; or
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
a petroleum special prospecting authority; and
the licensee mentioned in paragraph (a) is not the registered holder of the permit, lease, licence or authority mentioned in paragraph (c); and
the registered holder of the permit, lease, licence or authority mentioned in paragraph (c) has not given written consent to the giving of the direction.
Consultation
Before giving the direction, the responsible Commonwealth Minister must:
by written notice given to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(c), give at least 30 days notice of the responsible Commonwealth Minister’s intention to give the direction; and
give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
The notice must:
set out details of the direction that is proposed to be given; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and
specify a time limit for making that submission.
In deciding whether to give the direction, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
Emergencies
However, if the responsible Commonwealth Minister is satisfied that the direction is required to deal with an emergency:
subsections (2), (3) and (4) do not apply to the direction; and
as soon as practicable after the direction is given, the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(c).
A person commits an offence if:
the person is given a direction under section 380; and
the person engages in conduct; and
the person’s conduct breaches the direction.
Penalty: 100 penalty units.
An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Elimination of risk
If:
the licence area of a greenhouse gas injection licence overlaps, in whole or in part:
the permit area of a pre-commencement petroleum exploration permit held by a person other than the registered holder of the greenhouse gas injection licence; or
the lease area of a pre-commencement petroleum retention lease held by a person other than the registered holder of the greenhouse gas injection licence; or
the licence area of a pre-commencement petroleum production licence held by a person other than the registered holder of the greenhouse gas injection licence; or
the area covered by a pre-commencement State/Territory petroleum exploration title held by a person other than the registered holder of the greenhouse gas injection licence; or
the area covered by a pre-commencement State/Territory petroleum retention title held by a person other than the registered holder of the greenhouse gas injection licence; or
the area covered by a pre-commencement State/Territory petroleum production title held by a person other than the registered holder of the greenhouse gas injection licence; and
petroleum is discovered in the area of overlap; and
the responsible Commonwealth Minister is satisfied that:
the recovery of the petroleum is commercially viable; or
the recovery of the petroleum is not commercially viable, but is likely to become commercially viable at some time in the future; and
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that are being, or could be, carried on under the greenhouse gas injection licence will have a significant adverse impact on:
operations to recover the petroleum; or
the commercial viability of the recovery of the petroleum; and
if subparagraph (a)(i), (ii) or (iii) applies—the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence, as the case may be, has not agreed, in writing, to the registered holder of the greenhouse gas injection licence carrying on those operations; and
if subparagraph (a)(iv), (v) or (vi) applies—the holder of the State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title, as the case may be, has not agreed, in writing, to the registered holder of the greenhouse gas injection licence carrying on those operations; and
the responsible Commonwealth Minister is satisfied that it is practicable to eliminate the risk that any of the operations that are being, or could be, carried on under the greenhouse gas injection licence will have a significant adverse impact on:
operations to recover the petroleum; or
the commercial viability of the recovery of the petroleum;
the responsible Commonwealth Minister must, by written notice given to the registered holder of the greenhouse gas injection licence:
give the registered holder of the greenhouse gas injection licence a direction for the purpose of eliminating the risk that operations that are being, or could be, carried on under the greenhouse gas injection licence could have a significant adverse impact on:
operations to recover the petroleum; or
the commercial viability of the recovery of the petroleum; or
suspend, either:
for a specified period; or
indefinitely;
any or all of the rights conferred by the greenhouse gas injection licence; or
cancel the greenhouse gas injection licence.
A direction under paragraph (1)(g) may require the licensee to do something:
in the licence area; or
in an offshore area but outside the licence area.
Mitigation, management or remediation of risk
If:
the licence area of a greenhouse gas injection licence overlaps, in whole or in part:
the permit area of a pre-commencement petroleum exploration permit held by a person other than the registered holder of the greenhouse gas injection licence; or
the lease area of a pre-commencement petroleum retention lease held by a person other than the registered holder of the greenhouse gas injection licence; or
the licence area of a pre-commencement petroleum production licence held by a person other than the registered holder of the greenhouse gas injection licence; or
the area covered by a pre-commencement State/Territory petroleum exploration title held by a person other than the registered holder of the greenhouse gas injection licence; or
the area covered by a pre-commencement State/Territory petroleum retention title held by a person other than the registered holder of the greenhouse gas injection licence; or
the area covered by a pre-commencement State/Territory petroleum production title held by a person other than the registered holder of the greenhouse gas injection licence; and
petroleum is discovered in the area of overlap; and
the responsible Commonwealth Minister is satisfied that:
the recovery of the petroleum is commercially viable; or
the recovery of the petroleum is not commercially viable, but is likely to become commercially viable at some time in the future; and
the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that are being, or could be, carried on under the greenhouse gas injection licence will have a significant adverse impact on:
operations to recover the petroleum; or
the commercial viability of the recovery of the petroleum; and
if subparagraph (a)(i), (ii) or (iii) applies—the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence, as the case may be, has not agreed, in writing, to the registered holder of the greenhouse gas injection licence carrying on those operations; and
if subparagraph (a)(iv), (v) or (vi) applies—the holder of the State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title, as the case may be, has not agreed, in writing, to the registered holder of the greenhouse gas injection licence carrying on those operations; and
the responsible Commonwealth Minister is satisfied that it is not practicable to eliminate the risk that any of the operations that are being, or could be, carried on under the greenhouse gas injection licence will have a significant adverse impact on:
operations to recover the petroleum; or
the commercial viability of the recovery of the petroleum;
the responsible Commonwealth Minister must, by written notice given to the registered holder of the greenhouse gas injection licence:
give the registered holder of the greenhouse gas injection licence a direction for the purpose of mitigating, managing or remediating the risk that operations that are being, or could be, carried on under the greenhouse gas injection licence could have a significant adverse impact on:
operations to recover the petroleum; or
the commercial viability of the recovery of the petroleum; or
suspend, either:
for a specified period; or
indefinitely;
any or all of the rights conferred by the greenhouse gas injection licence; or
cancel the greenhouse gas injection licence.
A direction under paragraph (3)(g) may require the licensee to take action:
in the licence area; or
in an offshore area but outside the licence area.
Other provisions
A direction under this section has effect, and must be complied with, despite:
any previous direction under this section; and
anything in the regulations or the applied provisions.
A direction under this section prevails over:
anything in an approved site plan for an identified greenhouse gas storage formation specified in the greenhouse gas injection licence; or
anything specified in the greenhouse gas injection licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);
to the extent of any inconsistency.
A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
To avoid doubt, subsection (7) applies to an instrument, whether issued or made in Australia or outside Australia.
A direction under this section may prohibit the doing of an act or thing:
unconditionally; or
subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
A direction under this section is not a legislative instrument.
If:
a direction under this section is in force in relation to a greenhouse gas injection licence; and
apart from subsection (6), the direction would be inconsistent with a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);
the responsible Commonwealth Minister may, by written notice given to the licensee, vary the matter for the purposes of removing that inconsistency.
(12) A variation of a matter under subsection (11) takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 734.
The regulations may provide that, if:
a direction under this section is in force in relation to a greenhouse gas injection licence; and
apart from subsection (6), the direction would be inconsistent with anything in an approved site plan for an identified greenhouse gas storage formation specified in the licence;
then:
the licensee must, within the period ascertained in accordance with the regulations:
prepare a draft variation of the approved site plan for the purposes of removing that inconsistency; and
give the draft variation to the responsible Commonwealth Minister; and
the responsible Commonwealth Minister must, by written notice given to the licensee:
approve the variation; or
refuse to approve the variation; and
if the responsible Commonwealth Minister approves the variation—the approved site plan is varied accordingly.
If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.
Scope
This section applies if:
the responsible Commonwealth Minister proposes to give a direction under section 383 to a greenhouse gas injection licensee; and
(b) the direction requires the licensee to do something in an area (the action area) in an offshore area but outside the licence area; and
the action area is, to any extent, the subject of:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; or
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
a petroleum special prospecting authority; and
the licensee mentioned in paragraph (a) is not the registered holder of the permit, lease, licence or authority mentioned in paragraph (c); and
the registered holder of the permit, lease, licence or authority mentioned in paragraph (c) has not given written consent to the giving of the direction.
Consultation
Before giving the direction, the responsible Commonwealth Minister must:
by written notice given to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(c), give at least 30 days notice of the responsible Commonwealth Minister’s intention to give the direction; and
give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
The notice must:
set out details of the direction that is proposed to be given; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and
specify a time limit for making that submission.
In deciding whether to give the direction, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
Emergencies
However, if the responsible Commonwealth Minister is satisfied that the direction is required to deal with an emergency:
subsections (2), (3) and (4) do not apply to the direction; and
as soon as practicable after the direction is given, the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(c).
A person commits an offence if:
the person is given a direction under section 383; and
the person engages in conduct; and
the person’s conduct breaches the direction.
Penalty: 100 penalty units.
An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
A greenhouse gas injection licensee may apply to the responsible Commonwealth Minister for a site closing certificate in relation to a particular identified greenhouse gas storage formation specified in the licence.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
An application under this section must be accompanied by:
a written report that sets out:
the applicant’s modelling of the behaviour of the greenhouse gas substance injected into the identified greenhouse gas storage formation; and
information relevant to that modelling; and
the applicant’s analysis of that information; and
a written report that sets out the applicant’s assessment of:
the behaviour of the greenhouse gas substance injected into the identified greenhouse gas storage formation; and
the expected migration pathway or pathways of that greenhouse gas substance; and
the short-term consequences of the migration of that greenhouse gas substance; and
the long-term consequences of the migration of that greenhouse gas substance; and
the applicant’s suggestions for the approach to be taken by the Commonwealth, after the issue of the certificate, to the monitoring of the behaviour of a greenhouse gas substance stored in the identified greenhouse gas storage formation; and
such other information (if any) as is specified in the regulations.
An application under this section is taken to be accompanied by the report referred to in paragraph (2)(a) if that report is given to the responsible Commonwealth Minister:
if, as a result of the operation of this section, the application needs to be made within a particular period—before the end of that period; or
in any other case—before the end of the 10-day period that began on the day after the application was made.
An application under this section is taken to be accompanied by the report referred to in paragraph (2)(b) if that report is given to the responsible Commonwealth Minister:
if, as a result of the operation of this section, the application needs to be made within a particular period—before the end of that period; or
in any other case—before the end of the 10-day period that began on the day after the application was made.
An application under this section is taken to be accompanied by the suggestions referred to in paragraph (2)(c) if those suggestions are given to the responsible Commonwealth Minister:
if, as a result of the operation of this section, the application needs to be made within a particular period—before the end of that period; or
in any other case—before the end of the 10-day period that began on the day after the application was made.
If the regulations specify information for the purposes of paragraph (2)(d), an application under this section is taken to be accompanied by the information if the information is given to the responsible Commonwealth Minister:
if, as a result of the operation of this section, the application needs to be made within a particular period—before the end of that period; or
in any other case—before the end of the 10-day period that began on the day after the application was made.
Subsection (2) does not apply if there have not been any operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation.
Mandatory application—cessation of injection operations
If:
a greenhouse gas injection licence is in force; and
operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation concerned have ceased;
the licensee must, within the application period, make an application under subsection (1) for a site closing certificate in relation to the identified greenhouse gas storage formation.
(5) The application period for an application referred to in subsection (4) is:
the period of 30 days after the day on which the cessation referred to in paragraph (4)(b) occurred; or
such longer period, not more than 90 days after that day, as the responsible Commonwealth Minister allows.
The responsible Commonwealth Minister may allow a longer period under paragraph (5)(b) only on written application made by the licensee within the period of 30 days mentioned in paragraph (5)(a).
A person commits an offence if:
the person is subject to a requirement under subsection (4); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 100 penalty units.
An offence against subsection (7) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Mandatory application—grounds for cancellation of licence
If:
a greenhouse gas injection licence is in force; and
under Division 1 of Part 3.11, there is a ground for cancelling the licence;
the responsible Commonwealth Minister may, by written notice given to the licensee, direct the licensee:
to make an application under subsection (1) for a site closing certificate in relation to each identified greenhouse gas storage formation specified in the licence; and
to do so within the period specified in the notice.
A period specified under paragraph (9)(d) must not be shorter than 30 days.
A person commits an offence if:
the person is given a direction under subsection (9); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 100 penalty units.
An offence against subsection (11) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Mandatory application—greenhouse gas injection licence tied to a petroleum retention lease or petroleum production licence
If:
a greenhouse gas injection licence is in force; and
the greenhouse gas injection licence is tied to a petroleum retention lease or petroleum production licence; and
the petroleum retention lease or petroleum production licence ceases to be in force as a result of being surrendered, cancelled, terminated or wholly revoked;
the licensee of the greenhouse gas injection licence must, within the application period, make an application under subsection (1) for a site closing certificate in relation to the identified greenhouse gas storage formation, or each of the identified greenhouse gas storage formations, specified in the greenhouse gas injection licence.
(14) The application period for an application referred to in subsection (13) is:
the period of 30 days after the day on which the cessation referred to in paragraph (13)(c) occurred; or
such longer period, not more than 90 days after that day, as the responsible Commonwealth Minister allows.
The responsible Commonwealth Minister may allow a longer period under paragraph (14)(b) only on written application made by the licensee within the period of 30 days mentioned in paragraph (14)(a).
A person commits an offence if:
the person is subject to a requirement under subsection (13); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 100 penalty units.
An offence against subsection (16) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Scope
This section applies if an application for a site closing certificate has been made under section 386.
Variation of application
At any time before a decision on the application is made by the responsible Commonwealth Minister, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.
A variation of an application must be made in an approved manner.
A variation of an application may be made:
on the applicant’s own initiative; or
at the request of the responsible Commonwealth Minister.
A variation of an application may set out any additional matters that the applicant wishes to be considered.
If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (3).
If:
an application for a site closing certificate has been made under section 386; and
either:
the responsible Commonwealth Minister is satisfied that operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation concerned have ceased; or
the responsible Commonwealth Minister is satisfied that there have not been any operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation concerned;
the responsible Commonwealth Minister may give the applicant a written notice (called a pre-certificate notice) telling the applicant that the responsible Commonwealth Minister is prepared to issue to the applicant a site closing certificate in relation to the identified greenhouse gas storage formation.
Responsible Commonwealth Minister must have regard to certain matters
Note: See also section 391.
If the responsible Commonwealth Minister is satisfied that there is a significant risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will have a significant adverse impact on:
navigation; or
fishing; or
any activities being lawfully carried on, or that could be lawfully carried on, by way of the construction or operation of a pipeline; or
(d) the enjoyment of native title rights (within the meaning of the Native Title Act 1993);
then, in deciding whether to give the applicant a pre-certificate notice, the responsible Commonwealth Minister must have regard to that significant risk.
Subsection (2) does not limit the matters to which the responsible Commonwealth Minister may have regard.
Circumstances in which a pre-certificate notice may be refused
The responsible Commonwealth Minister may refuse to give the applicant a pre-certificate notice in relation to the identified greenhouse gas storage formation if:
the responsible Commonwealth Minister is not satisfied that the greenhouse gas substance injected into the identified greenhouse gas storage formation is behaving as predicted in Part A of the approved site plan for the identified greenhouse gas storage formation; or
the responsible Commonwealth Minister is satisfied that there is a significant risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will have a significant adverse impact on:
the conservation or exploitation of natural resources (whether in an offshore area or elsewhere); or
the geotechnical integrity of the whole or a part of a geological formation or geological structure; or
the environment; or
human health or safety.
Subsection (4) does not limit the matters to which the responsible Commonwealth Minister may have regard in deciding whether to refuse to give the applicant a pre-certificate notice.
Circumstances in which a pre-certificate notice must not be given
The responsible Commonwealth Minister must not give the applicant a pre-certificate notice in relation to the identified greenhouse gas storage formation unless the responsible Commonwealth Minister is satisfied that:
either:
the relevant statutory requirements have been complied with; or
any of the relevant statutory requirements have not been complied with, but there are sufficient grounds to warrant the issue of the site closing certificate; or
if any conditions are specified in the regulations—those conditions have been satisfied.
(7) For the purposes of paragraph (6)(a), each of the following is a relevant statutory requirement:
the conditions to which the greenhouse gas injection licence is, or has from time to time been, subject;
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
the provisions of the regulations.
Decision must be made within 5 years
If an application for a site closing certificate has been made under section 386, the responsible Commonwealth Minister must make a decision on the application within 5 years after the application was made.
Scope
This section applies if an application has been made under section 386 for a site closing certificate.
Acknowledgement of receipt of application
The responsible Commonwealth Minister must give the applicant notice of receipt of the application.
Scope
This section applies if:
an application has been made under section 386 for a site closing certificate; and
the responsible Commonwealth Minister refuses to give a pre-certificate notice to the applicant.
Notice of refusal
The responsible Commonwealth Minister must give written notice of the refusal to the applicant.
A pre-certificate notice that relates to an application for a site closing certificate must:
specify a program of operations proposed to be carried out by the Commonwealth for the purposes of monitoring the behaviour of a greenhouse gas substance stored in the identified greenhouse gas storage formation concerned; and
set out an estimate of the total costs and expenses of carrying out the program; and
specify the form and amount of a security to be lodged by the applicant in respect of the compliance, by the holder for the time being of the site closing certificate, with the holder’s obligations under section 398 in relation to the costs and expenses of carrying out the program; and
contain a statement to the effect that the application will lapse if the applicant does not lodge the security with the responsible Commonwealth Minister within the period applicable under subsection (3).
The amount of the security must equal the estimate referred to in paragraph (1)(b).
The period for lodging the security is:
60 days after the pre-certificate notice was given to the applicant; or
such longer period, not more than 180 days after the pre-certificate notice was given to the applicant, as the responsible Commonwealth Minister allows.
If the applicant does not lodge the security with the responsible Commonwealth Minister within the period applicable under subsection (3), the application lapses at the end of that period.
The regulations may provide that an estimate referred to in paragraph (1)(b) is to be made on the basis of:
an assumption that costs and expenses will increase at an annual rate specified in the regulations; and
such other assumptions (if any) as are specified in the regulations.
Subsection (1) does not apply if the responsible Commonwealth Minister is satisfied that there have not been any operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation concerned.
If:
an applicant has been given a pre-certificate notice under subsection 388(1); and
if subsection 391(1) applies—the applicant has lodged the specified security within the period applicable under subsection 391(3);
the responsible Commonwealth Minister must issue to the applicant a site closing certificate in relation to the identified greenhouse gas storage formation specified in the pre-certificate notice.
Note: If the applicant does not lodge the security with the responsible Commonwealth Minister within the period applicable under subsection 391(3), the application lapses at the end of that period—see subsection 391(4).
Scope
This section applies if a transfer of a greenhouse gas injection licence is registered under section 530:
after an application has been made under section 386 for a site closing certificate in relation to an identified greenhouse gas storage formation specified in the greenhouse gas injection licence; and
before any action has been taken by the responsible Commonwealth Minister under section 388 or 390 in relation to the application.
Transferee to be treated as applicant
After the transfer, sections 386 to 392 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
A site closing certificate remains in force indefinitely.
Subsection (1) has effect subject to this Chapter.
If:
a site closing certificate is held by the registered holder of a greenhouse gas injection licence; and
a transfer of the licence is registered under section 530;
the site closing certificate is, by force of this section, transferred to the transferee of the licence.
If:
a security is in force in relation to a site closing certificate; and
the site closing certificate is transferred;
then:
the interest of the transferor in the security is, by force of this section, transferred to the transferee; and
a document setting out or relating to the security has effect, after the transfer, as if a reference in the document to the transferor were a reference to the transferee.
The regulations may make provision in relation to the discharge, in whole or in part, by the responsible Commonwealth Minister of securities in force in relation to site closing certificates.
Scope
This section applies if:
a site closing certificate is in force in relation to an identified greenhouse gas storage formation; and
the Commonwealth incurs reasonable costs or expenses in carrying out the program specified in the pre-certificate notice for the site closing certificate.
Recovery of costs and expenses
The costs or expenses:
are a debt due to the Commonwealth by the holder of the certificate; and
are recoverable in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
The total of the costs and expenses recoverable under subsection (2) must not exceed the estimate set out in the pre-certificate notice.
If:
a site closing certificate is in force in relation to an identified greenhouse gas storage formation; and
(b) the responsible Commonwealth Minister is satisfied that operations for the injection of a greenhouse gas substance into the formation ceased on a day (the cessation day) before the application for the site closing certificate was made; and
(c) on a day (the decision day) that is at least 15 years after the issue of the site closing certificate, the responsible Commonwealth Minister is satisfied that:
the greenhouse gas substance injected into the formation is behaving as predicted in Part A of the approved site plan for the formation; and
there is no significant risk that a greenhouse gas substance injected into the formation will have a significant adverse impact on the geotechnical integrity of the whole or a part of a geological formation or geological structure; and
there is no significant risk that a greenhouse gas substance injected into the formation will have a significant adverse impact on the environment; and
there is no significant risk that a greenhouse gas substance injected into the formation will have a significant adverse impact on human health or safety; and
since the cessation day, there have not been any operations for the injection of a greenhouse gas substance into the formation;
the responsible Commonwealth Minister may, by writing, declare that the period:
beginning at the end of the cessation day; and
ending at the end of the decision day;
is the closure assurance period in relation to the formation for the purposes of this Act.
A copy of a declaration under subsection (1) is to be given to the holder of the site closing certificate.
Scope
This section applies if:
a site closing certificate is in force in relation to an identified greenhouse gas storage formation; and
when the application for the certificate was made, the formation was specified in a greenhouse gas injection licence; and
there is a closure assurance period in relation to the formation; and
the following conditions are satisfied in relation to a liability of an existing person who is or has been the registered holder of the licence (whether or not the licence is in force):
the liability is a liability for damages;
the liability is attributable to an act done or omitted to be done in the carrying out of operations authorised by the licence in relation to the formation;
the liability is incurred or accrued after the end of the closure assurance period in relation to the formation;
such other conditions (if any) as are specified in the regulations.
Indemnity
The Commonwealth must indemnify the person against the liability.
Scope
This section applies if:
a site closing certificate is in force in relation to an identified greenhouse gas storage formation; and
when the application for the certificate was made, the formation was specified in a greenhouse gas injection licence; and
there is a closure assurance period in relation to the formation; and
a person who has been the registered holder of the licence (whether or not the licence is in force) has ceased to exist; and
if the person had continued in existence, the following conditions would have been satisfied in relation to a liability of the person:
the liability is a liability for damages;
the liability is attributable to an act done or omitted to be done in the carrying out of operations authorised by the licence in relation to the formation;
the liability is incurred or accrued after the end of the closure assurance period in relation to the formation;
such other conditions (if any) as are specified in the regulations; and
apart from this section, the damages are irrecoverable because the person has ceased to exist.
Commonwealth to assume liability
The liability is taken to be a liability of the Commonwealth.
The following is a simplified outline of this Part:
• This Part provides for the grant of greenhouse gas search authorities over blocks in an offshore area.
• A greenhouse gas search authority may be granted over a block so long as none of the following is in force over the block:
a greenhouse gas assessment permit;
a greenhouse gas holding lease;
a greenhouse gas injection licence;
a petroleum exploration permit;
a petroleum retention lease;
a petroleum production licence.
• A greenhouse gas search authority authorises the holder to carry on the following operations in the authority area:
operations relating to the exploration for potential greenhouse gas storage formations;
operations relating to the exploration for potential greenhouse gas injection sites.
• A greenhouse gas search authority does not authorise the holder to make a well.
A greenhouse gas search authority authorises the registered holder, in accordance with the conditions (if any) to which the authority is subject, to carry on, in the authority area, the operations relating to:
the exploration for potential greenhouse gas storage formations; and
the exploration for potential greenhouse gas injection sites;
that are specified in the authority.
A greenhouse gas search authority does not authorise the registered holder to make a well.
The rights conferred on the registered holder by subsection (1) are subject to this Act and the regulations.
The responsible Commonwealth Minister may grant a greenhouse gas search authority subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.
Note: See also section 571A, which deals with insurance.
The conditions (if any) must be specified in the greenhouse gas search authority.
A greenhouse gas search authority comes into force on the day specified in the authority as the day on which the authority is to come into force.
A greenhouse gas search authority remains in force for the period specified in the authority.
The period specified under subsection (2) must not be longer than 180 days.
Subsection (2) has effect subject to this Chapter.
Note 1: For the surrender of a greenhouse gas search authority, see Part 3.10.
Note 2: For the cancellation of a greenhouse gas search authority, see Part 3.11.
A greenhouse gas search authority cannot be transferred.
A person may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas search authority over a block or blocks, so long as none of the following is in force over that block or any of those blocks:
a greenhouse gas assessment permit;
a greenhouse gas holding lease;
a greenhouse gas injection licence;
a petroleum exploration permit;
a petroleum retention lease;
a petroleum production licence.
An application under this section must specify:
the operations relating to:
the exploration for potential greenhouse gas storage formations; and
the exploration for potential greenhouse gas injection sites;
that the applicant proposes to carry on; and
the block or blocks within which the applicant proposes to carry on those operations.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
If an application for a greenhouse gas search authority has been made under section 407, the responsible Commonwealth Minister may:
grant the applicant a greenhouse gas search authority; or
by written notice given to the applicant, refuse to grant a greenhouse gas search authority to the applicant.
Scope
This section applies if:
(a) a person (the first person) is the registered holder of a greenhouse gas search authority over a block; and
(b) another greenhouse gas search authority is granted to another person (the second person) over the block.
Holders to be informed
The responsible Commonwealth Minister must, by written notice given to the first person, inform the first person of:
the operations authorised by the greenhouse gas search authority granted to the second person; and
the conditions of the greenhouse gas search authority granted to the second person.
The responsible Commonwealth Minister must, by written notice given to the second person, inform the second person of:
the operations authorised by the greenhouse gas search authority granted to the first person; and
the conditions of the greenhouse gas search authority granted to the first person.
Scope
This section applies if:
(a) a person (the first person) is the registered holder of a greenhouse gas search authority over a block; and
(b) a petroleum special prospecting authority is granted to another person (the second person) over the block.
Holders to be informed
The Titles Administrator must, by written notice given to the first person, inform the first person of:
the operations authorised by the petroleum special prospecting authority granted to the second person; and
the conditions of the petroleum special prospecting authority granted to the second person.
The responsible Commonwealth Minister must, by written notice given to the second person, inform the second person of:
the operations authorised by the greenhouse gas search authority granted to the first person; and
the conditions of the greenhouse gas search authority granted to the first person.
The following is a simplified outline of this Part:
• This Part provides for the grant of greenhouse gas special authorities over blocks in an offshore area.
• A greenhouse gas special authority authorises the holder to carry on certain operations in the authority area (but not to make a well).
A greenhouse gas special authority authorises the registered holder, in accordance with the conditions (if any) to which the authority is subject, to carry on, in the authority area, the operations specified in the authority.
A greenhouse gas special authority does not authorise the registered holder to make a well.
The rights conferred on the registered holder by subsection (1) are subject to this Act and the regulations.
The responsible Commonwealth Minister may grant a greenhouse gas special authority subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.
Note: See also section 571A, which deals with insurance.
The conditions (if any) must be specified in the greenhouse gas special authority.
A greenhouse gas special authority comes into force on the day specified in the authority as the day on which the authority is to come into force.
A greenhouse gas special authority remains in force for the period specified in the authority, but may be extended by the responsible Commonwealth Minister for a further specified period.
Subsection (2) has effect subject to this Chapter.
Note 1: For the surrender of a greenhouse gas special authority, see Part 3.10.
Note 2: For the revocation of a greenhouse gas special authority, see section 421.
The table has effect:
An application under this section must specify:
the operations that the applicant proposes to carry on; and
the area in which the applicant proposes to carry on those operations.
Note: Part 3.8 contains additional provisions about application procedures.
If:
an application for a greenhouse gas special authority has been made under section 415; and
the responsible Commonwealth Minister is satisfied that it is necessary or desirable to grant the greenhouse gas special authority for:
the more effective exercise of the applicant’s rights; or
the proper performance of the applicant’s duties;
in the applicant’s capacity as the registered holder of:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority;
the responsible Commonwealth Minister may:
grant the applicant a greenhouse gas special authority; or
by written notice given to the applicant, refuse to grant a greenhouse gas special authority to the applicant.
Note: Consultation procedures apply—see section 417.
Scope
This section applies if:
(a) an application for a greenhouse gas special authority has been made under application area); andsection 415 in relation to an area (the
the application area is, to any extent, the subject of:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; and
the applicant is not the registered holder of the permit, lease, licence or authority mentioned in paragraph (b); and
the registered holder of the permit, lease, licence or authority mentioned in paragraph (b) has not given written consent to the grant of the greenhouse gas special authority.
Consultation
Before granting the greenhouse gas special authority, the responsible Commonwealth Minister must:
by written notice given to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(b), give at least 30 days notice of the responsible Commonwealth Minister’s intention to grant the greenhouse gas special authority; and
give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
The notice must:
set out details of the greenhouse gas special authority that is proposed to be granted; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and
specify a time limit for making that submission.
In deciding:
whether to grant the greenhouse gas special authority; and
the conditions (if any) to which the greenhouse gas special authority should be subject;
the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
The responsible Commonwealth Minister may, by written notice given to the registered holder of a greenhouse gas special authority, vary the greenhouse gas special authority.
Note: Consultation procedures apply—see section 419.
Scope
This section applies if:
the responsible Commonwealth Minister proposes to vary a greenhouse gas special authority; and
the authority area is, to any extent, the subject of:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; and
the applicant is not the registered holder of the permit, lease, licence or authority mentioned in paragraph (b); and
the registered holder of the permit, lease, licence or authority mentioned in paragraph (b) has not given written consent to the variation of the greenhouse gas special authority.
Consultation
Before varying the greenhouse gas special authority, the responsible Commonwealth Minister must:
by written notice given to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(b) give at least 30 days notice of the responsible Commonwealth Minister’s intention to vary the greenhouse gas special authority; and
give a copy of the notice to:
the registered holder of the greenhouse gas special authority; and
such other persons (if any) as the responsible Commonwealth Minister thinks fit.
The notice must:
set out details of the variation that is proposed to be made; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and
specify a time limit for making that submission.
In deciding whether to vary the greenhouse gas special authority, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
If:
at any time during a particular month, a greenhouse gas special authority is in force in relation to an area that consists of, or includes, a block that is the subject of:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; and
the registered holder of the greenhouse gas special authority is not the registered holder of the permit, lease or licence;
the registered holder of the greenhouse gas special authority must, within 30 days after the end of that month, give the registered holder of the permit, lease or licence:
a written report about the operations carried on in that block during that month; and
a written summary of the facts ascertained from those operations.
A person commits an offence if:
the person is subject to a requirement under subsection (1); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 50 penalty units.
An offence against subsection (2) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
The responsible Commonwealth Minister may, by written notice given to the registered holder of a greenhouse gas special authority, revoke the greenhouse gas special authority.
If:
the responsible Commonwealth Minister revokes a greenhouse gas special authority; and
the greenhouse gas special authority authorised operations in:
a greenhouse gas assessment permit area; or
a greenhouse gas holding lease area; or
a greenhouse gas injection licence area;
the responsible Commonwealth Minister must give written notice of the revocation to the permittee, lessee or licensee.
The following is a simplified outline of this Part:
• This Part provides for the grant of greenhouse gas research consents.
• A greenhouse gas research consent authorises the holder to carry on the following operations in the course of a scientific investigation:
operations relating to the exploration for potential greenhouse gas storage formations;
operations relating to the exploration for potential greenhouse gas injection sites.
A greenhouse gas research consent authorises the holder, in accordance with the conditions (if any) to which the consent is subject, to carry on, in the offshore area specified in the consent, the operations relating to:
the exploration for potential greenhouse gas storage formations; and
the exploration for potential greenhouse gas injection sites;
that are specified in the consent in the course of the scientific investigation specified in the consent.
The rights conferred on the holder by subsection (1) are subject to section 460.
Note: Section 460 deals with interference with other rights.
The responsible Commonwealth Minister may grant a greenhouse gas research consent subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.
The conditions (if any) must be specified in the consent.
The responsible Commonwealth Minister may grant a written greenhouse gas research consent authorising a person to carry on, in an offshore area, the following operations in the course of a scientific investigation:
operations relating to the exploration for potential greenhouse gas storage formations;
operations relating to the exploration for potential greenhouse gas injection sites.
(2) The person is the holder of the consent.
Scope
This section applies to an application for:
the grant or renewal of a greenhouse gas assessment permit; or
the grant or renewal of a greenhouse gas holding lease; or
the grant or variation of a greenhouse gas injection licence; or
the grant of a greenhouse gas search authority; or
the grant of a greenhouse gas special authority; or
a site closing certificate.
Manner
The application must be made in an approved manner.
Note: See also subsection 33(3A) of the Acts Interpretation Act 1901.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (2).
Scope
This section applies to an application for:
the grant or renewal of a greenhouse gas assessment permit; or
the grant or renewal of a greenhouse gas holding lease; or
the grant or variation of a greenhouse gas injection licence; or
the grant of a greenhouse gas search authority; or
a site closing certificate.
Application fee
The application must be accompanied by the fee (if any) prescribed by the regulations.
Different fees may be prescribed for different applications.
A fee must not be such as to amount to taxation.
The application is taken to be accompanied by a fee if the fee is received before the end of the 10-day period that began on the day after the application was made.
To avoid doubt, a fee is in addition to:
the amount that a person specifies in an application as the amount that the person is prepared to pay for a cash-bid greenhouse gas assessment permit; and
the amount specified in an offer document as the amount that a person must pay for a cash-bid greenhouse gas assessment permit.
Scope
This section applies to the following:
an application for the grant of a greenhouse gas assessment permit (otherwise than by way of renewal);
an application for the grant of a greenhouse gas holding lease (otherwise than by way of renewal);
an application for the grant or variation of a greenhouse gas injection licence;
an application for the grant of a greenhouse gas special authority;
an application for a site closing certificate.
Additional matters
The application may set out any additional matters that the applicant wishes to be considered.
Scope
This section applies to an application for:
the grant or renewal of a greenhouse gas assessment permit (other than a cross-boundary greenhouse gas assessment permit); or
the grant or renewal of a greenhouse gas holding lease (other than a cross-boundary greenhouse gas holding lease); or
the grant of a greenhouse gas injection licence (other than a cross-boundary greenhouse gas injection licence); or
the variation of a greenhouse gas injection licence; or
a site closing certificate; or
the variation or suspension of, or exemption from compliance with, the conditions of a greenhouse gas title under section 436.
Requirement to give further information
The responsible Commonwealth Minister may, by written notice given to the applicant, require the applicant to give the responsible Commonwealth Minister, within the period specified in the notice, further information in connection with the application.
Consequences of breach of requirement
If the applicant breaches the requirement, the responsible Commonwealth Minister may, by written notice given to the applicant:
refuse to consider the application; or
refuse to take any action, or any further action, in relation to the application.
Subsection (3) has effect despite any provision of this Act that requires the responsible Commonwealth Minister to:
consider the application; or
take any particular action in relation to the application.
A reference in this section to taking action in relation to the application includes a reference to giving an offer document in relation to the application.
Scope
This section applies to an application for:
the grant or renewal of a cross-boundary greenhouse gas assessment permit; or
the grant or renewal of a cross-boundary greenhouse gas holding lease; or
the grant of a cross-boundary greenhouse gas injection licence; or
the variation or suspension of, or exemption from compliance with, the conditions of a greenhouse gas title under section 439A.
Requirement to give further information
The Titles Administrator may, by written notice given to the applicant, require the applicant to give the Titles Administrator, within the period specified in the notice, further information in connection with the application.
Consequences of breach of requirement
If the applicant breaches the requirement, the Cross-boundary Authority may, by written notice given to the applicant:
refuse to consider the application; or
refuse to take any action, or any further action, in relation to the application.
Subsection (3) has effect despite any provision of this Act that requires the Cross-boundary Authority to:
consider the application; or
take any particular action in relation to the application.
A reference in this section to taking action in relation to the application includes a reference to giving an offer document in relation to the application.
Scope
This section applies to an offer document that relates to an application for:
the grant or renewal of a greenhouse gas assessment permit; or
the grant or renewal of a greenhouse gas holding lease; or
the grant of a greenhouse gas injection licence.
General requirements
The offer document must contain:
a summary of the conditions to which the permit, lease or licence will be subject; and
a statement to the effect that the application will lapse if the applicant does not make a request under section 431 or 431A.
Payment for cash-bid greenhouse gas assessment permit
If the offer document relates to an application for the grant of a cash-bid greenhouse gas assessment permit, the offer document must:
specify the amount that the applicant must pay for the permit; and
contain a statement to the effect that the application will lapse if the applicant does not pay the amount to the Commonwealth within the period allowed for making a request under section 431.
Security
The offer document may:
specify the form and amount of a security to be lodged by the applicant in respect of compliance with the applicable statutory obligations by the registered holder for the time being of the permit, lease or licence; and
contain a statement to the effect that the application will lapse if the applicant does not lodge the security with the responsible Commonwealth Minister within the period allowed for making a request under section 431 or 431A.
(5) For the purposes of subsection (4), the applicable statutory obligations are as follows:
the obligation of the registered holder to comply with a condition to which the permit, lease or licence is subject;
the obligation of the registered holder to comply with a direction given to the registered holder by the responsible Commonwealth Minister, NOPSEMA or the Titles Administrator under this Chapter, Chapter 6 or Part 8.1;
the obligation of the registered holder to comply with the provisions of:
this Chapter; or
Chapter 5; or
Chapter 5A; or
Chapter 6; or
Part 8.1; or
the regulations.
This section does not apply to:
a cross-boundary greenhouse gas assessment permit; or
a cross-boundary greenhouse gas holding lease; or
a cross-boundary greenhouse gas injection licence.
The table has effect:
Longer periods
The responsible Commonwealth Minister may allow a longer period under paragraph (b) of column 2 of item 1 or 3 of the table only on written application made by the applicant within the period of 30 days mentioned in paragraph (a) of that column.
The responsible Commonwealth Minister may allow a longer period under paragraph (b) of column 2 of item 5 of the table only on written application made by the applicant within the period of 90 days mentioned in paragraph (a) of that column.
Application lapses if request not made within the applicable period
If an applicant does not make a request under an item of the table within the period applicable under column 2 of the table, the application lapses at the end of that period.
The table has effect:
Longer periods
The Titles Administrator may allow a longer period under paragraph (b) of column 2 of item 3 of the table only on written application made by the applicant within the period of 30 days mentioned in paragraph (a) of that column.
The Titles Administrator may allow a longer period under paragraph (b) of column 2 of item 5 of the table only on written application made by the applicant within the period of 90 days mentioned in paragraph (a) of that column.
Application lapses if request not made within the applicable period
If an applicant does not make a request under an item of the table within the period applicable under column 2 of the table, the application lapses at the end of that period.
If:
an offer document specifies an amount that the applicant must pay to the Commonwealth for the grant of a cash-bid greenhouse gas assessment permit; and
the applicant has not paid that amount within the period applicable under column 2 of the table in subsection 431(1);
the application lapses at the end of that period.
If:
an offer document specifies the form and amount of a security that the applicant must lodge with the responsible Commonwealth Minister; and
the applicant has not lodged that security within the period applicable under section 431 or 431A;
the application lapses at the end of that period.
Scope
(1) This section applies to a decision set out in the table, and the affected person in relation to that decision is set out in the table:
Consultation
Before making the decision, the responsible Commonwealth Minister must:
by written notice given to the affected person, give at least 30 days notice of the responsible Commonwealth Minister’s intention to make the decision; and
give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
The notice must:
set out details of the decision that is proposed to be made; and
set out the reasons for the proposal; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and
specify a time limit for making that submission.
In deciding whether to make the decision, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
Scope
(1) This section applies to a decision set out in the table, and the affected person in relation to that decision is set out in the table:
Consultation
Before making the decision, the Cross-boundary Authority must:
by written notice given to the affected person, give at least 30 days notice of the Cross-boundary Authority’s intention to make the decision; and
give a copy of the notice to such other persons (if any) as the Cross-boundary Authority thinks fit.
The notice must:
set out details of the decision that is proposed to be made; and
set out the reasons for the proposed decision; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Cross-boundary Authority about the proposed decision; and
specify a time limit for making that submission.
In deciding whether to make the decision, the Cross-boundary Authority must take into account any submissions made in accordance with the notice.
Scope
This section applies to the following applications:
an application under subsection 292(1) or 292A(1) for approval to carry on one or more key greenhouse gas operations under a greenhouse gas assessment permit;
an application under subsection 321(1) or 321A(1) for approval to carry on one or more key greenhouse gas operations under a greenhouse gas holding lease;
an application under section 361 for the grant of a greenhouse gas injection licence;
an application under section 368A for the grant of a greenhouse gas injection licence;
an application under section 369 for the grant of a greenhouse gas injection licence;
where either or both of the following are relevant to the responsible Commonwealth Minister’s decision on the application:
the existence or non-existence of a designated agreement;
the terms of a designated agreement.
Report about negotiations
The responsible Commonwealth Minister may, by written notice given to the applicant, require the applicant to give to the responsible Commonwealth Minister, within the period specified in the notice, a written report about negotiations, or attempts at negotiations, relating to:
the entering into of the designated agreement; and
the terms of the designated agreement.
Consequences of breach of requirement
If the applicant breaches the requirement, the responsible Commonwealth Minister may, by written notice given to the applicant:
refuse to consider the application; or
refuse to take any action, or any further action, in relation to the application.
Subsection (3) has effect despite any provision of this Act that requires the responsible Commonwealth Minister to:
consider the application; or
take any particular action in relation to the application.
Subdivision A—General
(1AA) This section does not apply to:
a cross-boundary greenhouse gas assessment permit; or
a cross-boundary greenhouse gas holding lease; or
a cross-boundary greenhouse gas injection licence.
When the conditions of a title may be the subject of a variation, suspension or exemption
This section applies if an event specified in the table happens, or a circumstance specified in the table exists:
An application under item 1 of the table in subsection (1) for a variation of any of the conditions to which a permit, lease or licence is subject may be set out in the same document as an application under that item for a suspension of any of the conditions to which the permit, lease or licence is subject.
Variation, suspension or exemption
The responsible Commonwealth Minister may, by written notice given to the permittee, lessee or licensee:
vary; or
suspend; or
exempt the permittee, lessee or licensee from compliance with;
any of the conditions to which the permit, lease, or licence is subject, on such conditions (if any) as are specified in the notice.
In making a decision under subsection (2), the responsible Commonwealth Minister may have regard to:
whether the technical advice and financial resources available to the permittee, lessee or licensee are sufficient to:
carry out the operations and works that will be authorised by the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and
any other matters prescribed by the regulations; and
any other matters the responsible Commonwealth Minister considers relevant.
A variation under subsection (2) may be in the same notice as a suspension under that subsection.
Notice of refusal of application
If:
an application is made under item 1 of the table in subsection (1); and
the responsible Commonwealth Minister refuses the application;
the responsible Commonwealth Minister must:
by written notice given to the applicant, notify the applicant of the refusal; and
do so as soon as practicable after the refusal.
When variation takes effect
(4) A variation of a greenhouse gas injection licence under this section takes effect on the day on which notice of the variation is published in the Gazette.
A variation of a greenhouse gas assessment permit or greenhouse gas holding lease under this section takes effect on the day on which notice of the variation is given to the permittee or lessee.
Scope
This section applies if, under section 436, the responsible Commonwealth Minister decides to suspend any of the conditions to which a greenhouse gas assessment permit or greenhouse gas holding lease is subject.
Extension of term
If the responsible Commonwealth Minister considers that the circumstances make it reasonable to do so, the responsible Commonwealth Minister may extend the term of the permit or lease by a period that the responsible Commonwealth Minister considers appropriate.
In considering what period of extension may be appropriate, the responsible Commonwealth Minister must have regard to:
the length of the period of suspension; and
such other matters (if any) as the responsible Commonwealth Minister considers relevant.
The extension may be:
in the notice of suspension; or
by a later written notice given to the permittee or lessee.
Subsection (2) has effect subject to this Chapter but despite:
in the case of a greenhouse gas assessment permit—section 293; and
in the case of a greenhouse gas holding lease—section 322.
This section does not apply to:
a cross-boundary greenhouse gas assessment permit; or
a cross-boundary greenhouse gas holding lease; or
a cross-boundary greenhouse gas injection licence.
If:
a greenhouse gas assessment permittee or a greenhouse gas holding lessee applies for a suspension of any of the conditions to which the permit or lease is subject; and
the permit or lease would, apart from this subsection, expire before the responsible Commonwealth Minister makes a decision on the application;
the permit or lease continues in force until the responsible Commonwealth Minister makes a decision on the application.
If the responsible Commonwealth Minister refuses the application, the permit or lease continues in force until the end of:
the period of 2 months that began when notice of the refusal was given to the permittee or lessee; or
such longer period as the responsible Commonwealth Minister allows.
If a greenhouse gas assessment permit or a greenhouse gas holding lease continues in force during a period under subsection (2), the permittee or lessee is not entitled to make an application during that period for a suspension of any of the conditions to which the permit or lease is subject.
Subsections (1) and (2) have effect subject to this Chapter but despite:
in the case of a greenhouse gas assessment permit—section 293; and
in the case of a greenhouse gas holding lease—section 322.
Note: See the notes at the end of sections 293 and 322.
Suspension of rights
If the responsible Commonwealth Minister is satisfied that it is necessary to do so in the national interest, the responsible Commonwealth Minister must, by written notice given to a greenhouse gas assessment permittee or greenhouse gas holding lessee, suspend, either:
for a specified period; or
indefinitely;
any or all of the rights conferred by the permit or lease.
If any rights are suspended under subsection (1), any conditions that must be complied with in the exercise of those rights are also suspended.
Termination of suspension
The responsible Commonwealth Minister may, by written notice given to the permittee or lessee, terminate a suspension of rights under subsection (1).
Scope
This section applies if rights conferred by a greenhouse gas assessment permit or greenhouse gas holding lease are suspended under section 438.
Extension of term
The responsible Commonwealth Minister may extend the term of the permit or lease by a period not more than the period of the suspension.
The extension may be:
in the notice of suspension; or
by a later written notice given to the permittee or lessee.
Subdivision B—Cross-boundary titles
When the conditions of a cross-boundary title may be the subject of a variation, suspension or exemption
This section applies if an event specified in the table happens, or a circumstance specified in the table exists:
An application under item 1 of the table in subsection (1) for a variation of any of the conditions to which a permit, lease or licence is subject may be set out in the same document as an application under that item for a suspension of any of the conditions to which the permit, lease or licence is subject.
Variation, suspension or exemption
The Cross-boundary Authority may, by written notice given to the permittee, lessee or licensee:
vary; or
suspend; or
exempt the permittee, lessee or licensee from compliance with;
any of the conditions to which the permit, lease, or licence is subject, on such conditions (if any) as are specified in the notice.
In making a decision under subsection (3), the Cross-boundary Authority may have regard to:
whether the technical advice and financial resources available to the permittee, lessee or licensee are sufficient to:
carry out the operations and works that will be authorised by the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and
any other matters prescribed by the regulations; and
any other matters the Cross-boundary Authority considers relevant.
A variation under subsection (3) may be in the same notice as a suspension under that subsection.
Notice of refusal of application
If:
an application is made under item 1 of the table in subsection (1); and
the Cross-boundary Authority refuses the application;
the Cross-boundary Authority must:
by written notice given to the applicant, notify the applicant of the refusal; and
do so as soon as practicable after the refusal.
When variation takes effect
A variation of a cross-boundary greenhouse gas injection licence under this section takes effect on the day on which notice of the variation is published in the Gazette.
A variation of a cross-boundary greenhouse gas assessment permit or cross-boundary greenhouse gas holding lease under this section takes effect on the day on which notice of the variation is given to the permittee or lessee.
Scope
This section applies if, under section 439A, the Cross-boundary Authority decides to suspend any of the conditions to which a cross-boundary greenhouse gas assessment permit or cross-boundary greenhouse gas holding lease is subject.
Extension of term
If the Cross-boundary Authority considers that the circumstances make it reasonable to do so, the Cross-boundary Authority may extend the term of the permit or lease by a period that the Cross-boundary Authority considers appropriate.
In considering what period of extension may be appropriate, the Cross-boundary Authority must have regard to:
the length of the period of suspension; and
such other matters (if any) as the Cross-boundary Authority considers relevant.
The extension may be:
in the notice of suspension; or
by a later written notice given to the permittee or lessee.
Subsection (2) has effect subject to this Chapter but despite:
in the case of a cross-boundary greenhouse gas assessment permit—section 293; and
in the case of a cross-boundary greenhouse gas holding lease—section 322.
Note: See the notes at the end of sections 293 and 322.
If:
a cross-boundary greenhouse gas assessment permittee or a cross-boundary greenhouse gas holding lessee applies for a suspension of any of the conditions to which the permit or lease is subject; and
the permit or lease would, apart from this subsection, expire before the Cross-boundary Authority makes a decision on the application;
the permit or lease continues in force until the Cross-boundary Authority makes a decision on the application.
If the Cross-boundary Authority refuses the application, the permit or lease continues in force until the end of:
the period of 2 months that began when notice of the refusal was given to the permittee or lessee; or
such longer period as the Cross-boundary Authority allows.
If a cross-boundary greenhouse gas assessment permit or a cross-boundary greenhouse gas holding lease continues in force during a period under subsection (2), the permittee or lessee is not entitled to make an application during that period for a suspension of any of the conditions to which the permit or lease is subject.
Subsections (1) and (2) have effect subject to this Chapter but despite:
in the case of a cross-boundary greenhouse gas assessment permit—section 293; and
in the case of a cross-boundary greenhouse gas holding lease—section 322.
Note: See the notes at the end of sections 293 and 322.
When the conditions of a title may be the subject of a variation, suspension or exemption
This section applies if an event specified in the table happens, or a circumstance specified in the table exists:
Variation, suspension or exemption
The responsible Commonwealth Minister may, by written notice given to the registered holder of the authority:
vary; or
suspend; or
exempt the registered holder from compliance with;
any of the conditions to which the authority is subject, on such conditions (if any) as are specified in the notice.
The table has effect:
An application under subsection (1) must be in writing.
Scope
This section applies if an application is made under section 441 for a consent.
Decision
The responsible Commonwealth Minister may, by written notice given to the applicant:
give consent; or
refuse to consent.
Criteria
The responsible Commonwealth Minister may consent to the surrender sought by the application only if:
the registered holder of the permit, lease or licence has paid all fees and amounts payable by the holder under the following:
this Act;
section 10E of the Regulatory Levies Act;
or has made arrangements that are satisfactory to the responsible Commonwealth Minister for the payment of those fees and amounts; and
the registered holder of the permit, lease or licence has complied with the conditions to which the permit, lease or licence is subject and with the provisions of:
this Chapter; and
Chapter 5; and
Chapter 5A; and
Chapter 6; and
Part 8.1; and
the regulations; and
the registered holder of the permit, lease or licence has:
to the satisfaction of the responsible Commonwealth Minister, removed or caused to be removed from the surrender area (defined by subsection (9)) all property brought into the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or
made arrangements that are satisfactory to the responsible Commonwealth Minister in relation to that property; and
the registered holder of the permit, lease or licence has, to the satisfaction of the responsible Commonwealth Minister, plugged or closed off all wells made in the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; and
the registered holder of the permit, lease or licence has provided, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the surrender area; and
the registered holder of the permit, lease or licence has, to the satisfaction of the responsible Commonwealth Minister, made good any damage to the seabed or subsoil in the surrender area caused by any person engaged or concerned in the operations authorised by the permit, lease or licence; and
in the case of an application for consent to surrender a greenhouse gas injection licence as to all of the blocks in relation to which the licence is in force—a site closing certificate is in force in relation to each identified greenhouse gas storage formation specified in the licence; and
in the case of an application for consent to surrender a greenhouse gas injection licence as to some of the blocks in relation to which the licence is in force—a site closing certificate is in force in relation to each identified greenhouse gas storage formation that:
is specified in the licence; and
extends to those blocks.
Note: See also paragraph 646(gp) (NOPSEMA’s advisory function).
If:
the registered holder has complied with the requirements mentioned in paragraphs (3)(a) to (f); and
in the case of an application for consent to surrender a greenhouse gas injection licence as to all of the blocks in relation to which the licence is in force—the requirement mentioned in paragraph (3)(g) has been met; and
in the case of an application for consent to surrender a greenhouse gas injection licence as to some of the blocks in relation to which the licence is in force—the requirement mentioned in paragraph (3)(h) has been met;
the responsible Commonwealth Minister must not unreasonably refuse consent to the surrender.
Paragraph (3)(e) has effect subject to:
this Chapter; and
Chapter 6; and
the regulations.
In attaining a state of satisfaction for the purposes of paragraph (3)(d), the responsible Commonwealth Minister must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum-bearing qualities of geological formations.
Sufficient grounds
Despite subsection (3), if:
any of:
the conditions to which the permit, lease or licence is subject; or
the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
the provisions of the regulations;
have not been complied with; and
the responsible Commonwealth Minister is satisfied that there are sufficient grounds to warrant the giving of consent to the surrender sought by the application;
the responsible Commonwealth Minister may give consent under subsection (2) to the surrender sought by the application.
Before consenting, or refusing to consent, to the surrender of:
a cross-boundary greenhouse gas assessment permit; or
a cross-boundary greenhouse gas holding lease; or
a cross-boundary greenhouse gas injection licence;
on the basis set out in subsection (7), the responsible Commonwealth Minister must consult:
if a part of the permit area, lease area or licence area, as the case may be, is located in the coastal waters of a State—the responsible State Minister of the State; or
if a part of the permit area, lease area or licence area, as the case may be, is located in the coastal waters of the Northern Territory—the responsible Northern Territory Minister.
Work-bid greenhouse gas assessment permit—compliance with work condition
For the purposes of this section, if:
the application for consent relates to a work-bid greenhouse gas assessment permit; and
a condition of the permit requires the registered holder to carry out specified work during a period specified in the permit; and
the application is made during such a period;
the registered holder of the permit is taken not to have complied with the condition unless the holder has completed the work specified for the period mentioned in paragraph (c).
Surrender area
(9) For the purposes of this section, the surrender area is worked out using the table:
Scope
This section applies if the responsible Commonwealth Minister consents under section 442 to:
the surrender of a greenhouse gas assessment permit; or
the surrender of a greenhouse gas holding lease; or
the surrender, in whole or in part, of a greenhouse gas injection licence.
Surrender
The registered holder of the permit, lease or licence may, by written notice given to the responsible Commonwealth Minister, surrender:
in the case of a permit or lease—the permit or lease; or
in the case of a licence—the whole or the part, as the case may be, of the licence.
When surrender takes effect
(3) The surrender takes effect on the day on which notice of the surrender is published in the Gazette.
The registered holder of a greenhouse gas search authority may, by written notice given to the responsible Commonwealth Minister, surrender the greenhouse gas search authority.
The registered holder of a greenhouse gas special authority may, by written notice given to the responsible Commonwealth Minister, surrender the greenhouse gas special authority.
For the purposes of this Division, each of the following is a ground for cancelling a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence:
the registered holder has not complied with a condition to which the permit, lease or licence is subject;
the registered holder has not complied with a direction given to the holder by the responsible Commonwealth Minister, NOPSEMA or the Titles Administrator under this Chapter, Chapter 6 or Part 8.1;
the registered holder has not complied with a provision of:
this Chapter; or
Chapter 5; or
Chapter 5A; or
Chapter 6; or
Part 8.1; or
the regulations;
the registered holder has not paid an amount payable by the holder under:
this Act; or
section 10E of the Regulatory Levies Act;
within the period of 90 days after the day on which the amount became payable;
a person has contravened subsection 566H(1), 566N(1), 566P(1) or 566ZA(1) in relation to the permit, lease or licence;
in the case of a greenhouse gas injection licence:
if a single identified greenhouse gas storage formation is wholly situated in the licence area—the declaration under section 312 or 312A that relates to the identified greenhouse gas storage formation is revoked under section 314; or
if 2 or more identified greenhouse gas storage formations are wholly situated in the licence area—each of the declarations under section 312 or 312A that relate to those identified greenhouse gas storage formations is revoked under section 314;
in the case of a greenhouse gas holding lease:
if a single identified greenhouse gas storage formation is wholly situated in the lease area—the declaration under section 312 or 312A that relates to the identified greenhouse gas storage formation is revoked under section 314; or
if 2 or more identified greenhouse gas storage formations are wholly situated in the lease area—each of the declarations under section 312 or 312A that relate to those identified greenhouse gas storage formations is revoked under section 314.
The table has effect:
Note: Consultation procedures apply—see section 448.
In exercising a power conferred by subsection (1), the responsible Commonwealth Minister must take into account any action taken by the registered holder:
to remove the ground of cancellation; or
to prevent the recurrence of similar grounds.
(3) A cancellation takes effect on the day on which notice of the cancellation is published in the Gazette.
Before making a decision under subsection (1) to cancel:
a cross-boundary greenhouse gas assessment permit; or
a cross-boundary greenhouse gas holding lease; or
a cross-boundary greenhouse gas injection licence;
wholly or partly on the ground set out in paragraph 446(a), the responsible Commonwealth Minister must consult:
if a part of the permit area, lease area or licence area, as the case may be, is located in the coastal waters of a State—the responsible State Minister of the State; or
if a part of the permit area, lease area or licence area, as the case may be, is located in the coastal waters of the Northern Territory—the responsible Northern Territory Minister.
Before making a decision under subsection 447(1), the responsible Commonwealth Minister must:
by written notice given to the registered holder, give at least 30 days notice of the responsible Commonwealth Minister’s intention to make the decision; and
give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
The notice must:
set out details of the decision that is proposed to be made; and
set out the reasons for the proposal; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and
specify a time limit for making that submission.
In deciding whether to make the decision, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
Cancellation on ground of non-compliance
If:
the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not complied with a provision of:
this Chapter; or
Chapter 5; or
Chapter 5A; or
Chapter 6; or
Part 8.1; or
the regulations; and
the holder has been convicted of an offence relating to that non-compliance;
the responsible Commonwealth Minister may exercise a power of cancellation under subsection 447(1) on the ground of that non-compliance, even though the holder has been convicted of that offence.
If:
a person has not complied with subsection 566N(1) or 566ZA(1) in relation to a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; and
the person has been convicted of an offence relating to that non-compliance;
the responsible Commonwealth Minister may exercise a power of cancellation under subsection 447(1) on the ground of that non-compliance, even though the person has been convicted of that offence.
If:
a person who was the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not complied with a provision of:
this Chapter; or
Chapter 5; or
Chapter 5A; or
Chapter 6; or
Part 8.1; or
the regulations; and
the responsible Commonwealth Minister has exercised a power of cancellation under subsection 447(1) on the ground of that non-compliance;
the person may be convicted of an offence relating to the non-compliance, even though the responsible Commonwealth Minister has exercised that power of cancellation.
If:
a person has not complied with subsection 566N(1) or 566ZA(1) in relation to a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; and
the responsible Commonwealth Minister has exercised a power of cancellation under subsection 447(1) on the ground of that non-compliance;
the person may be convicted of an offence relating to the non-compliance, even though the responsible Commonwealth Minister has exercised that power of cancellation.
Cancellation on ground of non-payment
If:
the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not paid an amount payable by the holder under:
this Act; or
section 10E of the Regulatory Levies Act;
within the period of 90 days after the day on which the amount became payable; and
either:
judgment for the amount has been obtained; or
the amount, or any part of the amount, has been paid or recovered;
the responsible Commonwealth Minister may exercise a power of cancellation under subsection 447(1) on the ground of that non-payment, even though:
judgment for the amount has been obtained; or
the amount, or a part of the amount, has been paid or recovered.
If:
a person who was the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not paid an amount payable by the person under:
this Act; or
section 10E of the Regulatory Levies Act;
within the period of 90 days after the day on which the amount became payable; and
the responsible Commonwealth Minister has exercised a power of cancellation under subsection 447(1) on the ground of that non-payment;
the person continues to be liable to pay:
that amount; and
any late payment penalty relating to that amount;
even though the responsible Commonwealth Minister has exercised that power of cancellation.
If NOPSEMA reasonably believes that there is a ground for cancelling:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence;
NOPSEMA must notify the Titles Administrator of:
the belief; and
the reasons for the belief.
The responsible Commonwealth Minister may, by written notice given to the registered holder of a greenhouse gas search authority, cancel the greenhouse gas search authority if the holder has breached a condition of the greenhouse gas search authority.
Scope
This section applies if:
a part of a geological formation is wholly situated in the permit area of a greenhouse gas assessment permit, and the permittee has reasonable grounds to suspect that that part could be an eligible greenhouse gas storage formation; or
a part of a geological formation is wholly situated in the lease area of a greenhouse gas holding lease, and the lessee has reasonable grounds to suspect that that part could be an eligible greenhouse gas storage formation; or
a part of a geological formation is wholly situated in the licence area of a greenhouse gas injection licence, and the licensee has reasonable grounds to suspect that that part could be an eligible greenhouse gas storage formation.
Notification
The permittee, lessee or licensee must, by written notice, inform the responsible Commonwealth Minister about the matter as soon as practicable, and in any event within 30 days, after the day on which the permittee, lessee or licensee, as the case may be, forms the relevant suspicion.
A notice under subsection (2) is not required to set out the fundamental suitability determinants of that part.
Subsection (3) has effect subject to subsections (5) and (6).
A notice under subsection (2) must be accompanied by a written statement that the permittee, lessee or licensee has reasonable grounds to suspect that the part is suitable for the permanent storage of a specified amount of a specified greenhouse gas substance.
If the permittee, lessee or licensee has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation because of paragraph 21(1)(b), a notice under subsection (2) must be accompanied by a written statement describing the engineering enhancements referred to in that paragraph.
Exemption
Subsections (2), (5) and (6) do not apply to a permittee, lessee or licensee in relation to a part of a geological formation if a former holder of the permit, lease or licence, as the case may be, previously complied with that subsection in relation to the part.
Offence
A person commits an offence if:
the person is subject to a requirement under subsection (2), (5) or (6); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 100 penalty units.
An offence against subsection (8) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Scope
This section applies if:
a greenhouse gas assessment permit is in force; and
the permittee is the holder of a State/Territory greenhouse gas assessment title; and
(c) at least one block of the permit area of the greenhouse gas assessment permit has a side in common with at least one State/Territory block of the relevant area of the State/Territory greenhouse gas assessment title; and
a part of a geological formation is wholly situated in the area that consists of the combination of the permit area of the greenhouse gas assessment permit and the relevant area of the State/Territory greenhouse gas assessment title; and
the part extends to the permit area of the greenhouse gas assessment permit and the relevant area of the State/Territory greenhouse gas assessment title; and
the permittee has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation.
Notification
The permittee may, by written notice, inform the responsible Commonwealth Minister about the matter.
A notice under subsection (2) is not required to set out the fundamental suitability determinants of that part.
Subsection (3) has effect subject to subsections (5) and (6).
A notice under subsection (2) must be accompanied by a written statement that the permittee has reasonable grounds to suspect that the part is suitable for the permanent storage of a specified amount of a specified greenhouse gas substance.
If the permittee has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation because of paragraph 21(1)(b), a notice under subsection (2) of this section must be accompanied by a written statement describing the engineering enhancements referred to in that paragraph.
Scope
This section applies if:
(a) 2 work-bid greenhouse gas assessment permits (the existing work-bid greenhouse gas assessment permits) are in force; and
a person is the registered holder of both existing work-bid greenhouse gas assessment permits; and
at least one block of the permit area of one of the existing work-bid greenhouse gas assessment permits has a side in common with at least one block of the permit area of the other existing work-bid greenhouse gas assessment permit; and
a part of a geological formation is wholly situated in the area that consists of the combination of the permit area of each of the work-bid greenhouse gas assessment permits; and
the part extends to the permit area of each of the work-bid greenhouse gas assessment permits; and
the person has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation.
Notification
The person may, by written notice, inform the responsible Commonwealth Minister about the matter.
A notice under subsection (2) is not required to set out the fundamental suitability determinants of that part.
Subsection (3) has effect subject to subsections (5) and (6).
A notice under subsection (2) must be accompanied by a written statement that the person has reasonable grounds to suspect that the part is suitable for the permanent storage of a specified amount of a specified greenhouse gas substance.
If the person has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation because of paragraph 21(1)(b), a notice under subsection (2) of this section must be accompanied by a written statement describing the engineering enhancements referred to in that paragraph.
Scope
This section applies if petroleum is discovered in:
a greenhouse gas assessment permit area; or
a greenhouse gas holding lease area; or
a greenhouse gas injection licence area.
Notification
The permittee, lessee or licensee must inform the responsible Commonwealth Minister of the discovery before the end of the 30-day period that began on the day of completion of the well that resulted in the discovery.
Subsection (2) does not apply if the petroleum is discovered by a petroleum exploration permittee, petroleum retention lessee or petroleum production licensee.
Offence
A person commits an offence if:
the person is subject to a requirement under subsection (2); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 100 penalty units.
An offence against subsection (5) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Becoming a registered holder
If, at any time after the commencement of this section, a person becomes the registered holder, or one of the registered holders, of a greenhouse gas title, the person must:
give the Titles Administrator and NOPSEMA notice of the following:
that the person is a registered holder of the greenhouse gas title;
the person’s contact details; and
do so within 30 days after so becoming a registered holder.
Note: For contact details, see subsection (12).
Ceasing to be a registered holder otherwise than because of death
(3) If, at any time after the commencement of this section, a person ceases to be the registered holder, or one of the registered holders, of a greenhouse gas title otherwise than because of the death of the person, the person must:
notify the Titles Administrator and NOPSEMA, in writing, of the cessation; and
do so within 30 days after the cessation.
Death of a registered holder
If, at any time after the commencement of this section, a person who is the registered holder, or one of the registered holders, of a greenhouse gas title dies, the person’s legal personal representative must:
notify the Titles Administrator and NOPSEMA, in writing, of the death; and
do so within 30 days after the death.
Change of contact details of registered holder
If:
a person is the registered holder, or one of the registered holders, of a greenhouse gas title; and
the person has given notice under this section of one or more contact details of the person; and
any or all of those contact details have changed;
the person must:
give the Titles Administrator and NOPSEMA notice of the following:
that the relevant contact details have changed;
the changed contact details; and
do so within 30 days after the change.
Note: For contact details, see subsection (12).
Approved form and manner
A notice under this section must be given in the approved form and in an approved manner.
The Titles Administrator must publish on the Titles Administrator’s website:
the form approved for the purposes of subsection (6); and
a copy of the instrument approving a manner for the purposes of that subsection.
Offence
A person commits an offence if:
the person is subject to a requirement under subsection (2), (3), (4) or (5); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 50 penalty units.
An offence against subsection (7) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Civil penalty
A person is liable to a civil penalty if the person contravenes a requirement under subsection (2), (3), (4) or (5).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
The maximum penalty for each day that an offence under subsection (7) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (7) is a continuing offence under Crimes Act 1914.section 4K of the
The maximum civil penalty for each day that a contravention of subsection (9) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (9) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Definitions
In this section:
approved means approved, in writing, by the Titles Administrator and the Chief Executive Officer of NOPSEMA.
contact details of a person includes the following:
the person’s name;
the address of:
the place of residence or business of the person; or
if the person is a body corporate—the head office, a registered office or a principal office of the body corporate;
the person’s telephone number;
the person’s fax number (if any);
the person’s email address;
(f) if the person is a body corporate that has an ACN (within the meaning of the Corporations Act 2001)—the ACN.
greenhouse gas title means:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; or
a greenhouse gas special authority.
A person commits an offence if:
the person adds waste or other matter to a greenhouse gas substance; and
the person does so with the intention of disposing of the waste or other matter; and
the person, or another person, injects the resulting mixture into the seabed or subsoil of an offshore area.
Penalty: Imprisonment for 5 years.
Subsection (1) does not apply if:
the waste or other matter resulted from petroleum recovery operations carried on under a petroleum production licence; and
the injection takes place at a well situated in the licence area of the petroleum production licence; and
the injection is carried out:
with the written consent of the responsible Commonwealth Minister or NOPSEMA; and
in accordance with the conditions (if any) specified in that consent.
Note: The defendant bears an evidential burden in relation to the matters in subsection (2)—see subsection 13.3(3) of the Criminal Code.
Consents
The responsible Commonwealth Minister or NOPSEMA may:
refuse to give a consent under subsection (2); or
make a consent under subsection (2) subject to such conditions as are specified in the consent.
Additional security
If:
one or more securities are in force in relation to:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; and
the responsible Commonwealth Minister is satisfied that the total amount of the securities is insufficient;
the responsible Commonwealth Minister may give the permittee, lessee or licensee a written notice:
requiring the permittee, lessee or licensee to lodge with the responsible Commonwealth Minister, within 60 days after the giving of the notice, an additional security in respect of compliance with the applicable statutory obligations by the registered holder for the time being of the permit, lease or licence; and
specifying the form and amount of the additional security.
If, in the performance of its functions or the exercise of its powers, NOPSEMA becomes aware of circumstances that:
relate to:
the registered holder of a greenhouse gas assessment permit; or
the registered holder of a greenhouse gas holding lease; or
the registered holder of a greenhouse gas injection licence; and
may make it appropriate for the responsible Commonwealth Minister to require the registered holder to lodge an additional security under subsection (1);
NOPSEMA may inform the responsible Commonwealth Minister of those circumstances.
New security
If:
a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force; and
no security is in force in relation to the permit, lease or licence; and
the responsible Commonwealth Minister is satisfied that it would be appropriate to require the lodgment of a security in respect of compliance with the applicable statutory obligations by the registered holder for the time being of the permit, lease or licence;
the responsible Commonwealth Minister may give the permittee, lessee or licensee a written notice:
requiring the permittee, lessee or licensee to lodge with the responsible Commonwealth Minister, within 60 days after the giving of the notice, a security in respect of compliance, by the registered holder for the time being of the permit, lease or licence, with the applicable statutory obligations; and
specifying the form and amount of the security.
If, in the performance of its functions or the exercise of its powers, NOPSEMA becomes aware of circumstances that:
relate to:
the registered holder of a greenhouse gas assessment permit; or
the registered holder of a greenhouse gas holding lease; or
the registered holder of a greenhouse gas injection licence; and
may make it appropriate for the responsible Commonwealth Minister to require the registered holder to lodge a security under subsection (2);
NOPSEMA may inform the responsible Commonwealth Minister of those circumstances.
Statutory obligations
(3) For the purposes of this section, the applicable statutory obligations are as follows:
the obligation of the registered holder to comply with a condition to which the permit, lease or licence is subject;
the obligation of the registered holder to comply with a direction given to the registered holder by the responsible Commonwealth Minister, NOPSEMA or the Titles Administrator under this Chapter, Chapter 6 or Part 8.1;
the obligation of the registered holder to comply with the provisions of:
this Chapter; or
Chapter 5; or
Chapter 5A; or
Chapter 6; or
Part 8.1; or
the regulations.
If:
a security is in force in relation to:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; and
a transfer of the permit, lease or licence is registered under section 530;
then:
the interest of the transferor in the security is, by force of this section, transferred to the transferee; and
a document setting out or relating to the security has effect, after the transfer, as if a reference in the document to the transferor were a reference to the transferee.
The regulations may make provision in relation to the discharge, in whole or in part, by the responsible Commonwealth Minister of securities in force in relation to:
greenhouse gas assessment permits; or
greenhouse gas holding leases; or
greenhouse gas injection licences.
The regulations may provide that a greenhouse gas injection licensee must not carry on any operations in relation to an identified greenhouse gas storage formation specified in the licence unless an approved site plan is in force in relation to the formation.
The regulations may provide that, if an approved site plan is in force in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, the licensee must comply with the approved site plan.
Approval
The regulations may make provision for the responsible Commonwealth Minister to approve draft site plans.
Duration
The regulations may provide that, if the responsible Commonwealth Minister approves a draft site plan, the approved site plan:
comes into force at the time of the approval; and
remains in force:
if, under the regulations, the responsible Commonwealth Minister withdraws approval of the approved site plan—until the withdrawal; or
otherwise—indefinitely.
Withdrawal of approval
The regulations may make provision for the responsible Commonwealth Minister to withdraw approval of approved site plans.
Variation of approved site plans
The regulations may make provision for and in relation to the variation of approved site plans.
Regulations made for the purposes of subsection (6) may:
require the registered holder of a greenhouse gas injection licence to prepare a draft variation of an approved site plan:
periodically; or
in such circumstances as are specified in the regulations; or
when required to do so by the responsible Commonwealth Minister; and
require the registered holder of a greenhouse gas injection licence to give the draft variation to the responsible Commonwealth Minister; and
make provision for the responsible Commonwealth Minister to approve the variation; and
provide that, if the responsible Commonwealth Minister approves the variation, the approved site plan is varied accordingly.
If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.
This Act does not prevent:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; or
a greenhouse gas special authority;
from being in force over the whole or a part of an area in respect of which any of the following is in force:
a petroleum exploration permit;
a petroleum retention lease;
a petroleum production licence;
a petroleum special prospecting authority;
a petroleum access authority.
This Act does not prevent:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
a petroleum special prospecting authority; or
a petroleum access authority;
from being in force over the whole or a part of an area in respect of which any of the following is in force:
a greenhouse gas assessment permit;
a greenhouse gas holding lease;
a greenhouse gas injection licence;
a greenhouse gas search authority;
a greenhouse gas special authority.
This Act does not prevent:
a cross-boundary greenhouse gas assessment permit; or
a cross-boundary greenhouse gas holding lease; or
a cross-boundary greenhouse gas injection licence;
from being in force over the whole or a part of an area in respect of which any of the following is in force:
a State/Territory petroleum exploration title;
a State/Territory petroleum retention title;
a State/Territory petroleum production title.
This Act does not prevent:
a State/Territory petroleum exploration title; or
a State/Territory petroleum retention title; or
a State/Territory petroleum production title;
from being in force over a part of an area in respect of which any of the following is in force:
a cross-boundary greenhouse gas assessment permit;
a cross-boundary greenhouse gas holding lease;
a cross-boundary greenhouse gas injection licence.
If the following conditions are satisfied in relation to a particular block:
there is no greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence over the block;
there is no place in the block that is an infrastructure licence area;
there is no pipeline over or in the block;
there are no pending applications for the grant of a greenhouse gas assessment permit or greenhouse gas injection licence over the block;
there are no pending applications for the grant of an infrastructure licence relating to a place in the block;
there are no pending applications for the grant of a pipeline licence relating to a pipeline, or proposed pipeline, over or in the block;
the responsible Commonwealth Minister may, by notice published in the Gazette, declare that:
the block is not to be the subject of a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority; and
an infrastructure licence is not to be granted in relation to a place within the block; and
a pipeline licence is not to be granted in relation to a pipeline over or in the block.
If a declaration under subsection (1) is in force in relation to a block:
a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority must not be granted over that block; and
an infrastructure licence must not be granted in relation to a place within that block; and
a pipeline licence must not be granted in relation to a pipeline over or in that block.
Subsection (2) has effect despite any other provision of this Act.
Scope
This section applies to the following:
a greenhouse gas assessment permit;
a greenhouse gas holding lease;
a greenhouse gas injection licence;
a greenhouse gas search authority;
a greenhouse gas special authority;
a greenhouse gas research consent.
Requirement
(2) A person (the first person) carrying on activities in an offshore area under the permit, lease, licence, authority or consent must carry on those activities in a manner that does not interfere with:
navigation; or
fishing; or
the conservation of the resources of the sea and seabed; or
any activities of another person being lawfully carried on by way of:
exploration for, recovery of or conveyance of a mineral (other than petroleum); or
construction or operation of a pipeline; or
(iii) offshore infrastructure activities (within the meaning of the Offshore Electricity Infrastructure Act 2021); or
(e) the enjoyment of native title rights and interests (within the meaning of the Native Title Act 1993);
to a greater extent than is necessary for the reasonable exercise of the rights and performance of the duties of the first person.
Offence
A person commits an offence if:
the person is subject to a requirement under subsection (2); and
the person engages in conduct; and
the person’s conduct breaches the requirement.
Penalty: 100 penalty units.
An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
There must not be included in:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence;
a condition requiring the payment of money to the responsible Commonwealth Minister, the Commonwealth or the Cross-boundary Authority.
For the purposes of this Act, each State/Territory block that is included in:
the permit area of a cross-boundary greenhouse gas assessment permit; or
the lease area of a cross-boundary greenhouse gas holding lease; or
the licence area of a cross-boundary greenhouse gas injection licence;
constitutes a block.
Scope
This section applies if the area in relation to which a title is in force includes one or more portions of a section 33 block.
Note: This would be the case if the boundaries of a title area do not conform to the graticular system established by this Act.
Portion of a block to be a block
For the purposes of this Act:
(a) the area of that portion or those portions constitutes a block (a type A block); and
(b) the area of the remaining portion or portions of the type B block).section 33 block (but not including any part of that area in relation to which another title is in force) constitutes a block (a
Amalgamation of portions of blocks
(3) If a title ceases to be in force in relation to a type A block (the first type A block), the responsible Commonwealth Minister may, by written instrument, if the responsible Commonwealth Minister considers it desirable to do so, determine that the first type A block be amalgamated with:
another type A block or blocks, so long as the following conditions are satisfied in relation to the other type A block or blocks:
the other type A block or blocks form part of the graticular section of which the first type A block forms part;
a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force in relation to the other type A block or blocks; or
both:
another type A block or blocks covered by paragraph (a); and
a type B block that forms part of the graticular section of which the first type A block forms part.
If a determination is made under subsection (3), then, for the purposes of this Act:
the blocks the subject of the determination cease to constitute blocks; and
the areas of those blocks together constitute a block; and
the block constituted as a result of the determination is, subject to this Act, for the remainder of the term of the permit, lease or licence concerned, a block in relation to which the permit, lease or licence is in force.
The responsible Commonwealth Minister must not make a determination under subsection (3) except with the consent of the permittee, lessee or licensee concerned.
Definitions
In this section:
section 33 block means a block constituted as provided by section 33.
title means:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a prescribed instrument.
Change to coastal waters boundary results in an area ceasing to be within the offshore area of a State or Territory
If:
(a) a Commonwealth title has been granted on the basis that an area (the first area) is within the offshore area of a State or the Northern Territory; and
as a result of a change to the boundary of the coastal waters of the State or Territory, the first area:
ceases to be within the offshore area of the State or Territory; and
falls within the coastal waters of the State or Territory;
this Act applies in relation to the Commonwealth title as if the first area were still within the offshore area in relation to the State or Territory.
Subsection (1) continues to apply to the first area only while the Commonwealth title remains in force.
Change to coastal waters boundary results in an area ceasing to be within the coastal waters of a State or Territory
If:
(a) a State/Territory title has been granted by a State or the Northern Territory on the basis that an area (the second area) is within the coastal waters of the State or Territory; and
as a result of a change to the boundary of the coastal waters of the State or Territory, the second area:
ceases to be within the coastal waters of the State or Territory; and
falls within the offshore area of the State or Territory;
then, so far as the State/Territory title is concerned, this Act does not apply to the second area.
Subsection (3) continues to apply to the second area only while the State/Territory title remains in force.
Definitions
In this section:
Commonwealth title means:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence.
State/Territory title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, some or all of the rights that a Commonwealth title confers in relation to the offshore area of the State or Territory.
The Commonwealth may carry out in an offshore area operations for the purposes of monitoring the behaviour of a greenhouse gas substance stored in a part of a geological formation.
Subsection (1) does not limit the executive power of the Commonwealth.
Scope
This section applies to information that:
is held by the Commonwealth; and
relates to the monitoring of the behaviour of a greenhouse gas substance stored in a part of a geological formation, where the part is wholly or partly situated in one or more offshore areas.
Information may be made publicly available
The regulations may authorise the responsible Commonwealth Minister to make the information publicly available.
The following is a simplified outline of this Chapter:
• The Titles Administrator must keep a Register, for each offshore area, of petroleum titles and petroleum special prospecting authorities that relate to that offshore area.
• A transfer of a petroleum title must be approved by the Titles Administrator, and an instrument of transfer must be registered under this Part.
• A dealing in a petroleum title must be approved by the Titles Administrator, and the approval must be entered in the relevant Register.
In this Chapter:
Register means a Register kept under section 469.
relevant Register:
in relation to a title or a petroleum special prospecting authority—means the Register for the offshore area to which the title or petroleum special prospecting authority relates; or
in relation to a notice under subsection 191(5), (6) or (7) that relates to a petroleum pool that is wholly or partly situated in an offshore area—means the Register for the offshore area.
title means:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence; or
a pipeline licence; or
a petroleum access authority.
For the purposes of this Chapter, if a dealing forms a part of the issue of a series of debentures, all of the dealings constituting the issue of that series of debentures are taken to be one dealing.
The Titles Administrator must keep a Register, for each offshore area, of:
titles; and
petroleum special prospecting authorities;
relating to the offshore area.
Memorial
The Titles Administrator must enter in the relevant Register a memorial for each title and petroleum special prospecting authority.
The memorial must comply with the table:
The Titles Administrator must enter in the relevant Register a memorial of:
a notice or instrument:
varying; or
cancelling (to any extent); or
surrendering (to any extent); or
otherwise affecting;
a title or petroleum special prospecting authority; or
a notice under subsection 191(5), (6) or (7); or
a notice or instrument varying or revoking a notice or instrument referred to in paragraph (a) or (b).
Note 1: Subparagraph (a)(iv) would cover, for example, a notice terminating a petroleum production licence, infrastructure licence or pipeline licence, or a notice revoking a petroleum retention lease or petroleum access authority.
Note 2: Subsections 191(5), (6) and (7) deal with unit development.
Copy of title may be entered instead of memorial
It is a sufficient compliance with the requirements of subsection (1), (2) or (3) if the Titles Administrator enters a copy of the title, petroleum special prospecting authority, notice or instrument in the relevant Register.
Date of entry to be endorsed
The Titles Administrator must endorse on:
the memorial; or
the copy of the title, petroleum special prospecting authority, notice or instrument;
a memorandum of the date on which the memorial or copy was entered in the relevant Register.
If an event specified in the table happens, the Titles Administrator must enter in the relevant Register a memorial of the fact.
The Titles Administrator may make a notation in the relevant Register about the applicable datum for a title, petroleum special prospecting authority, notice or instrument.
A transfer of a title is of no force until:
it has been approved by the Titles Administrator; and
an instrument of transfer is registered as provided by this Part.
One of the parties to a proposed transfer of a title may apply to the Titles Administrator for approval of the transfer.
An application must be made in an approved manner.
Note: Section 516A requires the application to be accompanied by an application fee.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (2).
An application for approval of a transfer must:
be in the approved form; and
be accompanied by an instrument of transfer, in the form approved in an instrument under subsection (4), executed by:
the registered holder or, if there are 2 or more registered holders, by each registered holder; and
the transferee or, if there are 2 or more transferees, by each transferee; and
be accompanied by any other information or documents required by the form.
An application for approval of a transfer is taken to be accompanied by the instrument of transfer referred to in paragraph (1)(b) if that instrument is given to the Titles Administrator before the end of the period applicable under subsection 476(1).
If the approved form requires the application to be accompanied by any other information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under subsection 476(1).
The Titles Administrator may, by notifiable instrument, approve a form for the purposes of paragraph (1)(b).
An application for approval of a transfer must be made within:
90 days after the day on which the party who last executed the instrument of transfer so executed the instrument of transfer; or
such longer period as the Titles Administrator allows.
The Titles Administrator may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.
If an application is made for approval of a transfer, the Titles Administrator:
must enter a memorandum in the relevant Register of the date on which the application was lodged; and
may make such other notation in the relevant Register as the Titles Administrator considers appropriate.
Scope
This section applies if an application is made for approval of a transfer.
Decision
The Titles Administrator must:
approve the transfer; or
refuse to approve the transfer.
Before deciding whether to approve a transfer of a title, the Titles Administrator may consult with one or more of the following:
the Joint Authority;
NOPSEMA;
the responsible Commonwealth Minister.
In deciding whether to approve a transfer of a title, the Titles Administrator:
must have regard to the matters specified in subsection (3B); and
may have regard to the matters raised in consultations (if any) under subsection (3); and
may have regard to any other matters the Titles Administrator considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the transferee or transferees are sufficient to:
carry out the operations and works that are authorised by the title; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the title;
the matters specified in section 695YB as they apply to the transferee or transferees;
if the transferee or transferees is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
The Titles Administrator must, by written notice given to the applicant, notify the applicant of the Titles Administrator’s decision.
If the Titles Administrator refuses to approve the transfer, the Titles Administrator must make a notation of the refusal in the relevant Register.
Scope
This section applies if the Titles Administrator approves the transfer of a title.
Endorsement
The Titles Administrator must immediately endorse a memorandum of approval on the instrument of transfer.
The Titles Administrator must enter in the relevant Register a memorandum of:
the transfer; and
the name of the transferee or of each transferee.
On the entry in the relevant Register of the memorandum:
the transfer is taken to be registered; and
the transferee becomes the registered holder, or the transferees become the registered holders, of the title.
If the transfer is registered:
a copy of the instrument of transfer endorsed with the memorandum of approval must be:
retained by the Titles Administrator; and
made available for inspection in accordance with this Chapter; and
if the instrument of transfer was provided in hard copy—the instrument of transfer endorsed with the memorandum of approval must be returned to the person who applied for approval of the transfer; and
if the instrument of transfer was provided electronically—a copy of the instrument of transfer endorsed with the memorandum of approval must be given to the person who applied for approval of the transfer.
The mere execution of an instrument of transfer of a title creates no interest in the title.
The approval of a transfer of a title does not give to the transfer any force, effect or validity that the transfer would not have had if this Chapter had not been enacted.
If the rights of the registered holder of a particular title have devolved on a person by operation of law, the person may apply to the Titles Administrator to have the person’s name entered in the relevant Register as the holder of the title.
The application must be in writing.
Scope
This section applies if an application is made under section 482 in relation to a title.
Entry in Register
If:
the Titles Administrator is satisfied that the rights of the holder have devolved on the applicant by operation of law; and
the applicant has paid the prescribed fee;
the Titles Administrator must enter the name of the applicant in the relevant Register as the holder of the title.
On that entry being made, the applicant becomes the registered holder of the title.
If:
a company is the registered holder of a particular title; and
the company has changed its name;
the company may apply to the Titles Administrator to have its new name substituted for its previous name in the relevant Register in relation to that title.
The application must be in writing.
Scope
This section applies if a company applies under section 484 to have its new name substituted for its previous name in the relevant Register in relation to a particular title.
Alteration
If:
the Titles Administrator is satisfied that the company has changed its name; and
the company has paid the prescribed fee;
the Titles Administrator must make the necessary alterations in the relevant Register.
This Part applies to a dealing (other than a transfer of a title) that would have one or more of the effects set out in the table:
A dealing is of no force, in so far as the dealing would have an effect of a kind referred to in the table in section 486 in relation to a particular title, until:
the Titles Administrator has approved the dealing, in so far as it relates to that title; and
the Titles Administrator has made an entry in the relevant Register in relation to the dealing under section 494.
An application for approval of a dealing must be made in accordance with subsection (2) or (3).
Application—dealing relates to only one title
If a dealing relates to only one title, a party to the dealing may apply to the Titles Administrator for approval of the dealing in so far as it relates to that title.
Application—dealing relates to 2 or more titles
If a dealing relates to 2 or more titles, a party to the dealing may make a separate application to the Titles Administrator for approval of the dealing in so far as it relates to each title.
Applications must be made in approved manner
An application must be made in an approved manner.
Note: Section 516A requires the application to be accompanied by an application fee.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).
Instrument evidencing dealing
An application for approval of a dealing must:
be in the approved form; and
be accompanied by the instrument evidencing the dealing; and
be accompanied by any other information or documents required by the form.
An application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:
has already been lodged with the Titles Administrator for the purposes of another application; or
is given to the Titles Administrator before the end of the period applicable under subsection 491(1) or section 503 (as the case may be).
If the approved form requires the application to be accompanied by any other information or documents, an application for approval of a dealing is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under subsection 491(1) or section 503 (as the case may be).
Supplementary instrument
An application for approval of a dealing may be accompanied by an instrument in a form approved in an instrument under subsection (5) for the purposes of an application for approval of a dealing of that kind.
An application for approval of a dealing is taken to be accompanied by the instrument referred to in subsection (2) if that instrument is given to the Titles Administrator before the end of the period applicable under subsection 491(1) or section 503 (as the case may be).
(3) An instrument under subsection (2) is called a supplementary instrument.
The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).
An application for approval of a dealing must be made within:
90 days after the day on which the party who last executed the instrument evidencing the dealing so executed the instrument; or
such longer period as the Titles Administrator allows.
The Titles Administrator may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.
This section has effect subject to section 503.
Note: Section 503 is about approval of a dealing that was entered into before the title came into existence.
If an application is made for approval of a dealing, the Titles Administrator:
must enter a memorandum in the relevant Register of the date on which the application was lodged; and
may make such other notation in the relevant Register as the Titles Administrator considers appropriate.
Scope
This section applies if an application is made for approval of a dealing in so far as it relates to a particular title.
Decision
The Titles Administrator must:
approve the dealing; or
refuse to approve the dealing;
in so far as it relates to that title.
Note: Section 503 limits the power conferred on the Titles Administrator by this section. Section 503 is about approval of a dealing that was entered into before the title came into existence.
In deciding whether to approve a dealing, the Titles Administrator:
must have regard to the matters (if any) prescribed by the regulations; and
may have regard to any other matters the Titles Administrator considers relevant.
Notification of decision
The Titles Administrator must, by written notice given to the applicant, notify the applicant of the Titles Administrator’s decision.
Refusal to approve dealing—notation in Register
If the Titles Administrator refuses to approve the dealing in so far as it relates to that title, the Titles Administrator must make a notation of the refusal in the relevant Register.
Scope
This section applies if the Titles Administrator approves a dealing in so far as it relates to a particular title.
Endorsement
The Titles Administrator must immediately endorse a memorandum of approval on the instrument evidencing the dealing.
Entry in Register
The Titles Administrator must make an entry of the approval of the dealing in the relevant Register on:
the memorial relating to that title; or
the copy of that title.
Scope
This section applies if the Titles Administrator makes an entry of the approval of a dealing in the relevant Register.
Application accompanied by supplementary instrument
If the application for approval of the dealing was accompanied by a supplementary instrument:
a copy of the supplementary instrument, endorsed with a copy of the memorandum of approval, must be:
retained by the Titles Administrator; and
made available for inspection in accordance with this Chapter; and
if the supplementary instrument was provided in hard copy—the supplementary instrument must be returned to the person who applied for approval; and
if the supplementary instrument was provided electronically—a copy of the supplementary instrument must be given to the person who applied for approval; and
a copy of the instrument evidencing the dealing must not be made available for inspection in accordance with this Chapter; and
if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and
if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.
Note: For inspection, see section 515.
Application not accompanied by supplementary instrument
If the application for approval of the dealing was not accompanied by a supplementary instrument:
a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be:
retained by the Titles Administrator; and
made available for inspection in accordance with this Chapter; and
if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and
if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.
Note: For inspection, see section 515.
Definition
In this section:
supplementary instrument has the meaning given by subsection 489(3) or 499(3).
The approval of a dealing, or the making of an entry in a Register in relation to a dealing, is not made ineffective because of any failure to comply, in relation to the application for approval of the dealing, with the requirements of this Part.
The approval of a dealing does not give to the dealing any force, effect or validity that the dealing would not have had if this Chapter had not been enacted.
Scope
This section applies if:
2 or more persons enter into a dealing relating to a title that may come into existence in the future; and
that dealing would, if the title came into existence, become a dealing to which Part 4.6 applies.
Provisional application—dealing relates to only one title
If the dealing relates to only one title that may come into existence in the future, a party to the dealing may make a provisional application to the Titles Administrator for approval of the dealing.
Provisional application—dealing relates to 2 or more titles
If the dealing relates to 2 or more titles that may come into existence in the future, a party to the dealing may make a separate provisional application to the Titles Administrator for approval of the dealing in relation to each title that may come into existence in the future.
Applications must be made in approved manner
An application must be made in an approved manner.
Note: Section 516A requires the application to be accompanied by an application fee.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).
Instrument evidencing dealing
A provisional application for approval of a dealing must:
be in the approved form; and
be accompanied by the instrument evidencing the dealing; and
be accompanied by any other information or documents required by the form.
A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:
has already been lodged with the Titles Administrator for the purposes of another application; or
is given to the Titles Administrator before the end of the period applicable under section 501.
If the approved form requires the application to be accompanied by any other information or documents, a provisional application for approval of a dealing is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under section 501.
Supplementary instrument
A provisional application for approval of a dealing may be accompanied by an instrument in a form approved in an instrument under subsection (5) for the purposes of a provisional application for approval of a dealing of that kind.
A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in subsection (2) if that instrument is given to the Titles Administrator before the end of the period applicable under section 501.
(3) An instrument under subsection (2) is called a supplementary instrument.
The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).
A provisional application must be made within the period worked out using the table:
If:
a provisional application is made for approval of a dealing; and
the title to which the dealing relates comes into existence; and
on that title coming into existence, the dealing becomes a dealing to which Part 4.6 applies;
the provisional application is to be treated as if it were an application made under section 488 on the day on which that title came into existence.
If:
Part 4.6 applies to a dealing relating to a title; and
immediately before the title came into existence, the dealing was a dealing referred to in subsection 498(1);
the Titles Administrator may approve the dealing under section 493 only if:
a provisional application for approval of the dealing was made under section 498; or
an application for approval of the dealing was made under section 488 within:
90 days after the day on which the title came into existence; or
such longer period as the Titles Administrator allows.
The Titles Administrator may allow a longer period under subparagraph (1)(d)(ii) only if there are sufficient grounds to warrant allowing the longer period.
The Titles Administrator may alter a Register for the purposes of correcting a clerical error or an obvious defect in the Register.
Power of correction
The Titles Administrator may make such entries in a Register as the Titles Administrator considers appropriate for the purposes of ensuring that the Register accurately records the interests and rights existing in relation to a title.
The Titles Administrator may exercise the power conferred by subsection (1):
on written application being made to the Titles Administrator by a person; or
on the Titles Administrator’s own initiative.
Consultation
(3) Before the Titles Administrator makes an entry in a Register under subsection (1), the Titles Administrator must cause to be published in the Gazette a notice:
setting out the terms of the entry that the Titles Administrator proposes to make in the Register; and
inviting interested persons to give the Titles Administrator written submissions about the making of the entry; and
specifying a time limit for the making of those submissions.
The time limit must not be shorter than 45 days after the publication of the notice.
In deciding whether to make the entry in the Register, the Titles Administrator must take into account any submissions made in accordance with the notice.
Gazettal of terms of entry
(6) If the Titles Administrator makes an entry in a Register under subsection (1), the Titles Administrator must cause to be published in the Gazette a notice setting out the terms of the entry.
Application for rectification
If a person is aggrieved by any of the following:
the omission of an entry from a Register;
an entry made in a Register without sufficient cause;
an entry wrongly existing in a Register;
an error or defect in an entry in a Register;
the person may apply to:
the Federal Court; or
the Supreme Court of, or having jurisdiction in, the State or Territory to which the relevant offshore area relates;
for the rectification of the Register.
Court orders
If an application is made under subsection (1) to a court for the rectification of a Register, the court may make such order as it thinks fit directing the rectification of the Register.
In proceedings under this section, the court may decide any question that it is necessary or expedient to decide in connection with the rectification of the Register.
Appearance of Titles Administrator
Notice of an application under this section must be given to the Titles Administrator concerned, who:
may appear and be heard; and
must appear if so directed by the court.
Copy of order to be given to Titles Administrator
An office copy of an order made by the court may be given to the Titles Administrator.
Compliance with order
The Titles Administrator must, on receipt of the order, rectify the Register accordingly.
Principal Northern Territory offshore area and Eastern Greater Sunrise offshore area
For the purposes of paragraph (1)(f):
the Principal Northern Territory offshore area; and
the Eastern Greater Sunrise offshore area;
are taken to relate to the Northern Territory.
Scope
This section applies if:
an application for approval of the transfer of a title is made under section 473; or
an application is made under section 482 or 484 in relation to a title; or
an application for approval of a dealing is made under section 488; or
a provisional application for approval of a dealing is made under section 498; or
an application is made under section 505 in relation to a title.
Requirement to give information
The Titles Administrator may, by written notice given to the applicant, require the applicant to give the Titles Administrator, within the period and in the manner specified in the notice, such information about the matter to which the application relates as the Titles Administrator considers necessary or advisable.
A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
A person commits an offence if:
the person has been given a notice under subsection (2); and
the person omits to do an act; and
the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
A person commits an offence if:
the Titles Administrator requires the person to give information under subsection (2); and
the person gives information; and
the person does so knowing that the information is false or misleading in a material particular.
Penalty: 50 penalty units.
Civil penalty
A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (4) is a continuing offence under Crimes Act 1914.section 4K of the
The maximum civil penalty for each day that a contravention of subsection (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (5A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Notice to set out the effect of offence and civil penalty provisions
A notice under subsection (2) must set out the effect of the following provisions:
subsection (4);
subsection (5);
subsection (5A);
subsection (5B);
subsection (5C).
Note: The same conduct may be an offence against both subsection (5) of this section and Criminal Code.section 137.1 of the
Scope
This section applies if:
a person is a party to a dealing relating to a title; and
the dealing has been approved under section 493.
Requirement to give information
The Titles Administrator may, by written notice given to the person, require the person to give to the Titles Administrator, within the period and in the manner specified in the notice, such information about alterations in the interests or rights existing in relation to the title as the Titles Administrator considers necessary or advisable.
A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
A person commits an offence of strict liability if:
the person has been given a notice under subsection (2); and
the person omits to do an act; and
the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
Note: For strict liability, see Criminal Code.section 6.1 of the
A person commits an offence if:
the Titles Administrator requires the person to give information under subsection (2); and
the person gives information; and
the person does so knowing that the information is false or misleading in a material particular.
Penalty: 50 penalty units.
Civil penalty
A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (4) is a continuing offence under Crimes Act 1914.section 4K of the
The maximum civil penalty for each day that a contravention of subsection (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (5A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Notice to set out the effect of offence and civil penalty provisions
A notice under subsection (2) must set out the effect of the following provisions:
subsection (4);
subsection (5);
subsection (5A);
subsection (5B);
subsection (5C).
Note: The same conduct may be an offence against both subsection (5) of this section and Criminal Code.section 137.1 of the
Scope
This section applies if the Titles Administrator has reason to believe that a document:
is in the possession or under the control of a person; and
relates to:
a transfer or dealing for which approval is sought under this Chapter; or
an application under section 482, 484 or 505.
Requirement
The Titles Administrator may, by written notice given to the person, require the person:
to produce the document to the Titles Administrator, within the period and in the manner specified in the notice; or
to make the document available for inspection by or on behalf of the Titles Administrator.
A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
A person commits an offence of strict liability if:
the person has been given a notice under subsection (2); and
the person omits to do an act; and
the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
Note: For strict liability, see Criminal Code.section 6.1 of the
A person commits an offence if:
the person has been given a notice under subsection (2); and
the person:
produces a document to the Titles Administrator; or
makes a document available for inspection by or on behalf of the Titles Administrator; and
the person does so knowing that the document is false or misleading in a material particular; and
the document is produced or made available in compliance or purported compliance with the notice.
Penalty: 50 penalty units.
Civil penalty
A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (4) is a continuing offence under Crimes Act 1914.section 4K of the
The maximum civil penalty for each day that a contravention of subsection (6A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (6A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Notice to set out the effect of offence and civil penalty provisions
A notice under subsection (2) must set out the effect of the following provisions:
subsection (4);
subsection (6);
subsection (6A);
subsection (6B);
subsection (6C).
Note: The same conduct may be an offence against both subsection (6) of this section and Criminal Code.section 137.2 of the
The Titles Administrator may take possession of a document produced under section 509, and retain it for as long as is necessary.
The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Titles Administrator to be a true copy.
The certified copy must be received in all courts and tribunals as evidence as if it were the original.
Until a certified copy is supplied, the Titles Administrator must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.
None of the following is concerned with the effect in law of an instrument lodged under this Chapter:
the Joint Authority;
the Titles Administrator;
a person acting under the direction or authority of the Joint Authority or the Titles Administrator.
A person commits an offence if:
the person:
makes an entry in a Register; or
causes an entry to be made in a Register; or
concurs in the making of an entry in a Register; and
the person does so knowing that the entry is false.
Penalty: 50 penalty units.
Note: The same conduct may be an offence against both this section and Criminal Code.section 145.4 of the
A person commits an offence if:
the person produces or tenders in evidence a document; and
the document falsely purports to be:
a copy of or extract from an entry in a Register; or
a copy of or extract from an instrument given to the Titles Administrator under this Chapter.
Penalty: 50 penalty units.
Note: The same conduct may be an offence against both this section and Criminal Code.section 137.2 of the
An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Inspection of Register
The Titles Administrator must ensure that each Register is open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.
Instruments
The Titles Administrator must ensure that all instruments, or copies of instruments, subject to inspection under this Chapter are open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.
Register
A Register is to be received in all courts and proceedings as prima facie evidence of all matters required or authorised by this Chapter or Chapter 5A to be entered in the Register.
Certified copies and extracts
The Titles Administrator may, on payment of a fee calculated under the regulations, supply:
a copy of or extract from a Register; or
a copy of or extract from any instrument lodged with the Titles Administrator under this Chapter;
certified by the Titles Administrator to be a true copy or true extract, as the case may be.
The certified copy or extract is admissible in evidence in all courts and proceedings without further proof or production of the original.
Evidentiary certificate
The Titles Administrator may, on payment of a fee calculated under the regulations, issue a written certificate:
stating that an entry, matter or thing required or permitted by or under this Chapter to be made or done:
has been made or done; or
has not been made or done; or
stating that an entry, matter or thing required by or under this Chapter not to be made or done:
has not been made or done; or
has been made or done.
The certificate is to be received in all courts and proceedings as prima facie evidence of the statements in the certificate.
Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence
A certificate must not be admitted in evidence under subsection (5) in proceedings for an offence unless:
the person charged with the offence; or
a barrister or solicitor who has appeared for the person in those proceedings;
has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.
Person signing the certificate may be called to give evidence
If, under subsection (5), a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be:
called as a witness for the prosecution; and
cross-examined as if the person who signed the certificate had given evidence of the matters stated in the certificate.
However, subsection (7) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:
the prosecutor has been given at least 4 days notice of the person’s intention to require the person who signed the certificate to be so called; or
the court, by order, allows the person charged to require the person who signed the certificate to be so called.
Evidence in support, or in rebuttal, of matters in certificate to be considered on its merits
Any evidence given in support, or in rebuttal, of a matter stated in a certificate issued under subsection (4) must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.
An eligible application must be accompanied by the fee (if any) prescribed by the regulations.
Note: For eligible application, see subsection (4).
Different fees may be prescribed for different eligible applications.
A fee must not be such as to amount to taxation.
An eligible application is taken to be accompanied by a fee if the fee is received before the end of the 10-day period that began on the day after the application was made.
(4) For the purposes of this section, each of the following is an eligible application:
an application for the approval of the transfer of a title;
an application for the approval of a dealing (other than an application covered by section 502);
a provisional application for the approval of a dealing.
The following is a simplified outline of this Chapter:
• The Titles Administrator must keep a Register of greenhouse gas titles and greenhouse gas search authorities.
• A transfer of a greenhouse gas title must be approved by the Titles Administrator, and an instrument of transfer must be registered under this Part.
• A dealing in a greenhouse gas title must be approved by the Titles Administrator, and the approval must be entered in the Register.
In this Chapter:
Register means the Register kept under section 521.
title means:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas special authority.
For the purposes of this Chapter, if a dealing forms a part of the issue of a series of debentures, all of the dealings constituting the issue of that series of debentures are taken to be one dealing.
The Titles Administrator must keep a Register of:
titles; and
greenhouse gas search authorities.
Memorial
The Titles Administrator must enter in the Register a memorial for each title and greenhouse gas search authority.
The memorial must comply with the table:
The Titles Administrator must enter in the Register a memorial of:
a notice or instrument:
varying; or
cancelling; or
surrendering (to any extent); or
otherwise affecting;
a title or greenhouse gas search authority; or
a notice or instrument varying or revoking a notice or instrument referred to in paragraph (a).
Note: Subparagraph (a)(iv) would cover, for example, a notice revoking a greenhouse gas special authority.
Copy of title may be entered instead of memorial
It is a sufficient compliance with the requirements of subsection (1), (2) or (3) if the Titles Administrator enters a copy of the title, greenhouse gas search authority, notice or instrument in the Register.
Date of entry to be endorsed
The Titles Administrator must endorse on:
the memorial; or
the copy of the title, greenhouse gas search authority, notice or instrument;
a memorandum of the date on which the memorial or copy was entered in the Register.
If an event specified in the table happens, the Titles Administrator must enter in the Register a memorial of the fact.
The Titles Administrator may make a notation in the Register about the applicable datum for a title, greenhouse gas search authority, notice or instrument.
A transfer of a title is of no force until:
it has been approved by the Titles Administrator; and
an instrument of transfer is registered as provided by this Part.
One of the parties to a proposed transfer of a title may apply to the Titles Administrator for approval of the transfer.
An application must be made in an approved manner.
Note: Section 565A requires the application to be accompanied by an application fee.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (2).
An application for approval of a transfer must:
be in the approved form; and
be accompanied by an instrument of transfer, in the form approved in an instrument under subsection (4), executed by:
the registered holder or, if there are 2 or more registered holders, by each registered holder; and
the transferee or, if there are 2 or more transferees, by each transferee; and
be accompanied by any other information or documents required by the form.
An application for approval of a transfer is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument is given to the Titles Administrator before the end of the period applicable under subsection 527(1).
If the approved form requires the application to be accompanied by any other information or documents, an application for approval of a transfer is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under subsection 527(1).
The Titles Administrator may, by notifiable instrument, approve a form for the purposes of paragraph (1)(b).
An application for approval of a transfer must be made within:
90 days after the day on which the party who last executed the instrument of transfer so executed the instrument of transfer; or
such longer period as the Titles Administrator allows.
The Titles Administrator may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.
If an application is made for approval of a transfer, the Titles Administrator:
must enter a memorandum in the Register of the date on which the application was lodged; and
may make such other notation in the Register as the Titles Administrator considers appropriate.
Scope
This section applies if an application is made for approval of a transfer.
Decision
The Titles Administrator must:
approve the transfer; or
refuse to approve the transfer.
Before deciding whether to approve a transfer of a title, the Titles Administrator may consult with one or more of the following:
the Cross-boundary Authority;
NOPSEMA;
the responsible Commonwealth Minister.
In deciding whether to approve a transfer of a title, the Titles Administrator:
must have regard to the matters specified in subsection (2C); and
may have regard to the matters raised in consultations (if any) under subsection (2A); and
may have regard to any other matters the Titles Administrator considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the transferee or transferees are sufficient to:
carry out the operations and works that are authorised by the title; and
discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the title;
the matters specified in section 695YB as they apply to the transferee or transferees;
if the transferee or transferees is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
If:
the application is for approval of a transfer of a greenhouse gas holding lease or a greenhouse gas injection licence; and
the greenhouse gas holding lease or the greenhouse gas injection licence is tied to a petroleum retention lease;
the Titles Administrator must not approve the transfer of the greenhouse gas holding lease or the greenhouse gas injection licence unless:
a transfer of the petroleum retention lease has been approved by the Titles Administrator under section 478; and
the transfer of the petroleum retention lease is registered under section 479; and
both:
the instrument of transfer of the petroleum retention lease; and
the instrument of transfer of the greenhouse gas holding lease or greenhouse gas injection licence;
were executed at or about the same time; and
the transferee or transferees of the petroleum retention lease are the same as the transferee or transferees of the greenhouse gas holding lease or greenhouse gas injection licence.
If:
the application is for approval of a transfer of a greenhouse gas holding lease or a greenhouse gas injection licence; and
the greenhouse gas holding lease or the greenhouse gas injection licence is tied to a petroleum production licence;
the Titles Administrator must not approve the transfer of the greenhouse gas holding lease or the greenhouse gas injection licence unless:
a transfer of the petroleum production licence has been approved by the Titles Administrator under section 478; and
the transfer of the petroleum production licence is registered under section 479; and
both:
the instrument of transfer of the petroleum production licence; and
the instrument of transfer of the greenhouse gas holding lease or greenhouse gas injection licence;
were executed at or about the same time; and
the transferee or transferees of the petroleum production licence are the same as the transferee or transferees of the greenhouse gas holding lease or greenhouse gas injection licence.
The Titles Administrator must, by written notice given to the applicant, notify the applicant of the Titles Administrator’s decision.
If the Titles Administrator refuses to approve the transfer, the Titles Administrator must make a notation of the refusal in the Register.
Scope
This section applies if the Titles Administrator approves the transfer of a title.
Endorsement
The Titles Administrator must immediately endorse a memorandum of approval on the instrument of transfer.
The Titles Administrator must enter in the Register a memorandum of:
the transfer; and
the name of the transferee or of each transferee.
On the entry in the Register of the memorandum:
the transfer is taken to be registered; and
the transferee becomes the registered holder, or the transferees become the registered holders, of the title.
If the transfer is registered:
a copy of the instrument of transfer endorsed with the memorandum of approval must be:
retained by the Titles Administrator; and
made available for inspection in accordance with this Chapter; and
if the instrument of transfer was provided in hard copy—the instrument of transfer endorsed with the memorandum of approval must be returned to the person who applied for approval of the transfer; and
if the instrument of transfer was provided electronically—a copy of the instrument of transfer endorsed with the memorandum of approval must be given to the person who applied for approval of the transfer.
The mere execution of an instrument of transfer of a title creates no interest in the title.
The approval of a transfer of a title does not give to the transfer any force, effect or validity that the transfer would not have had if this Chapter had not been enacted.
If the rights of the registered holder of a particular title have devolved on a person by operation of law, the person may apply to the Titles Administrator to have the person’s name entered in the Register as the holder of the title.
The application must be in writing.
Scope
This section applies if an application is made under section 533 in relation to a title.
Entry in Register
If:
the Titles Administrator is satisfied that the rights of the holder have devolved on the applicant by operation of law; and
the applicant has paid the prescribed fee;
the Titles Administrator must enter the name of the applicant in the Register as the holder of the title.
On that entry being made, the applicant becomes the registered holder of the title.
If:
a company is the registered holder of a particular title; and
the company has changed its name;
the company may apply to the Titles Administrator to have its new name substituted for its previous name in the Register in relation to that title.
The application must be in writing.
Scope
This section applies if a company applies under section 535 to have its new name substituted for its previous name in the Register in relation to a particular title.
Alteration
If:
the Titles Administrator is satisfied that the company has changed its name; and
the company has paid the prescribed fee;
the Titles Administrator must make the necessary alterations in the Register.
This Part applies to a dealing (other than a transfer of a title) that would have one or more of the effects set out in the table:
A dealing is of no force, in so far as the dealing would have an effect of a kind referred to in the table in section 537 in relation to a particular title, until:
the Titles Administrator has approved the dealing, in so far as it relates to that title; and
the Titles Administrator has made an entry in the Register in relation to the dealing under section 544.
An application for approval of a dealing must be made in accordance with subsection (2) or (3).
Application—dealing relates to only one title
If a dealing relates to only one title, a party to the dealing may apply to the Titles Administrator for approval of the dealing in so far as it relates to that title.
Application—dealing relates to 2 or more titles
If a dealing relates to 2 or more titles, a party to the dealing may make a separate application to the Titles Administrator for approval of the dealing in so far as it relates to each title.
Applications must be made in approved manner
An application must be made in an approved manner.
Note: Section 565A requires the application to be accompanied by an application fee.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).
Instrument evidencing dealing
An application for approval of a dealing must:
be in the approved form; and
be accompanied by the instrument evidencing the dealing; and
be accompanied by any other information or documents required by the form.
An application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:
has already been lodged with the Titles Administrator for the purposes of another application; or
is given to the Titles Administrator before the end of the period applicable under subsection 541(1) or section 552 (as the case may be).
If the approved form requires the application to be accompanied by any other information or documents, an application for approval of a dealing is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under subsection 541(1) or section 552 (as the case may be).
Supplementary instrument
An application for approval of a dealing may be accompanied by an instrument in a form approved in an instrument under subsection (4) for the purposes of an application for approval of a dealing of that kind.
An application for approval of a dealing is taken to be accompanied by the instrument referred to in subsection (2) if that instrument is given to the Titles Administrator before the end of the period applicable under subsection 541(1) or section 552 (as the case may be).
(3) An instrument under subsection (2) is called a supplementary instrument.
The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).
An application for approval of a dealing must be made within:
90 days after the day on which the party who last executed the instrument evidencing the dealing so executed the instrument; or
such longer period as the Titles Administrator allows.
The Titles Administrator may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.
This section has effect subject to section 552.
Note: Section 552 is about approval of a dealing that was entered into before the title came into existence.
If an application is made for approval of a dealing, the Titles Administrator:
must enter a memorandum in the Register of the date on which the application was lodged; and
may make such other notation in the Register as the Titles Administrator considers appropriate.
Scope
This section applies if an application is made for approval of a dealing in so far as it relates to a particular title.
Decision
The Titles Administrator must:
approve the dealing; or
refuse to approve the dealing;
in so far as it relates to that title.
Note: Section 552 limits the power conferred on the Titles Administrator by this section. Section 552 is about approval of a dealing that was entered into before the title came into existence.
In deciding whether to approve a dealing, the Titles Administrator:
must have regard to the matters (if any) prescribed by the regulations; and
may have regard to any other matters the Titles Administrator considers relevant.
Notification of decision
The Titles Administrator must, by written notice given to the applicant, notify the applicant of the Titles Administrator’s decision.
Refusal to approve dealing—notation in Register
If the Titles Administrator refuses to approve the dealing in so far as it relates to that title, the Titles Administrator must make a notation of the refusal in the Register.
Scope
This section applies if the Titles Administrator approves a dealing in so far as it relates to a particular title.
Endorsement
The Titles Administrator must immediately endorse a memorandum of approval on the instrument evidencing the dealing.
Entry in Register
The Titles Administrator must make an entry of the approval of the dealing in the Register on:
the memorial relating to that title; or
the copy of that title.
Scope
This section applies if the Titles Administrator makes an entry of the approval of a dealing in the Register.
Application accompanied by supplementary instrument
If the application for approval of the dealing was accompanied by a supplementary instrument:
a copy of the supplementary instrument, endorsed with a copy of the memorandum of approval, must be:
retained by the Titles Administrator; and
made available for inspection in accordance with this Chapter; and
if the supplementary instrument was provided in hard copy—the supplementary instrument must be returned to the person who applied for approval; and
if the supplementary instrument was provided electronically—a copy of the supplementary instrument must be given to the person who applied for approval; and
a copy of the instrument evidencing the dealing must not be made available for inspection in accordance with this Chapter; and
if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and
if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.
Note: For inspection, see section 564.
Application not accompanied by supplementary instrument
If the application for approval of the dealing was not accompanied by a supplementary instrument:
a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be:
retained by the Titles Administrator; and
made available for inspection in accordance with this Chapter; and
if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and
if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.
Note: For inspection, see section 564.
Definition
In this section:
supplementary instrument has the meaning given by subsection 540(3) or 549(3).
The approval of a dealing, or the making of an entry in the Register in relation to a dealing, is not made ineffective because of any failure to comply, in relation to the application for approval of the dealing, with the requirements of this Part.
The approval of a dealing does not give to the dealing any force, effect or validity that the dealing would not have had if this Chapter had not been enacted.
Scope
This section applies if:
2 or more persons enter into a dealing relating to a title that may come into existence in the future; and
that dealing would, if the title came into existence, become a dealing to which Part 5.6 applies.
Provisional application—dealing relates to only one title
If the dealing relates to only one title that may come into existence in the future, a party to the dealing may make a provisional application to the Titles Administrator for approval of the dealing.
Provisional application—dealing relates to 2 or more titles
If the dealing relates to 2 or more titles that may come into existence in the future, a party to the dealing may make a separate provisional application to the Titles Administrator for approval of the dealing in relation to each title that may come into existence in the future.
Applications must be made in approved manner
A provisional application must be made in an approved manner.
Note: Section 565A requires the application to be accompanied by an application fee.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).
Instrument evidencing dealing
A provisional application for approval of a dealing must:
be in the approved form; and
be accompanied by the instrument evidencing the dealing; and
be accompanied by any other information or documents required by the form.
A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:
has already been lodged with the Titles Administrator for the purposes of another application; or
is given to the Titles Administrator before the end of the period applicable under section 550.
If the approved form requires the application to be accompanied by any other information or documents, a provisional application for approval of a dealing is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under section 550.
Supplementary instrument
A provisional application for approval of a dealing may be accompanied by an instrument in a form approved in an instrument under subsection (4) for the purposes of a provisional application for approval of a dealing of that kind.
A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in subsection (2) if that instrument:
has already been lodged with the Titles Administrator for the purposes of another application; or
is given to the Titles Administrator before the end of the period applicable under section 550.
(3) An instrument under subsection (2) is called a supplementary instrument.
The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).
A provisional application must be made within the period worked out using the table:
If:
a provisional application is made for approval of a dealing; and
the title to which the dealing relates comes into existence; and
on that title coming into existence, the dealing becomes a dealing to which Part 5.6 applies;
the provisional application is to be treated as if it were an application made under section 539 on the day on which that title came into existence.
If:
Part 5.6 applies to a dealing relating to a title; and
immediately before the title came into existence, the dealing was a dealing referred to in subsection 548(1);
the Titles Administrator may approve the dealing under section 543 only if:
a provisional application for approval of the dealing was made under section 548; or
an application for approval of the dealing was made under section 539 within:
90 days after the day on which the title came into existence; or
such longer period as the Titles Administrator allows.
The Titles Administrator may allow a longer period under subparagraph (1)(d)(ii) only if there are sufficient grounds to warrant allowing the longer period.
The Titles Administrator may alter the Register for the purposes of correcting a clerical error or an obvious defect in the Register.
Power of correction
The Titles Administrator may make such entries in the Register as the Titles Administrator considers appropriate for the purposes of ensuring that the Register accurately records the interests and rights existing in relation to a title.
The Titles Administrator may exercise the power conferred by subsection (1):
on written application being made to the Titles Administrator by a person; or
on the Titles Administrator’s own initiative.
Consultation
(3) Before the Titles Administrator makes an entry in the Register under subsection (1), the Titles Administrator must cause to be published in the Gazette a notice:
setting out the terms of the entry that the Titles Administrator proposes to make in the Register; and
inviting interested persons to give the Titles Administrator written submissions about the making of the entry; and
specifying a time limit for the making of those submissions.
The time limit must not be shorter than 45 days after the publication of the notice.
In deciding whether to make the entry in the Register, the Titles Administrator must take into account any submissions made in accordance with the notice.
Gazettal of terms of entry
(6) If the Titles Administrator makes an entry in the Register under subsection (1), the Titles Administrator must cause to be published in the Gazette a notice setting out the terms of the entry.
Application for rectification
If a person is aggrieved by any of the following:
the omission of an entry from the Register;
an entry made in the Register without sufficient cause;
an entry wrongly existing in the Register;
an error or defect in an entry in the Register;
the person may apply to:
the Federal Court; or
the Supreme Court of, or having jurisdiction in, the State or Territory to which the relevant offshore area relates;
for the rectification of the Register.
Court orders
If an application is made under subsection (1) to a court for the rectification of the Register, the court may make such order as it thinks fit directing the rectification of the Register.
In proceedings under this section, the court may decide any question that it is necessary or expedient to decide in connection with the rectification of the Register.
Appearance of Titles Administrator
Notice of an application under this section must be given to the Titles Administrator, who:
may appear and be heard; and
must appear if so directed by the court.
Copy of order to be given to Titles Administrator
An office copy of an order made by the court may be given to the Titles Administrator.
Compliance with order
The Titles Administrator must, on receipt of the order, rectify the Register accordingly.
Principal Northern Territory offshore area and Eastern Greater Sunrise offshore area
For the purposes of paragraph (1)(f):
the Principal Northern Territory offshore area; and
the Eastern Greater Sunrise offshore area;
are taken to relate to the Northern Territory.
Scope
This section applies if:
an application for approval of the transfer of a title is made under section 525; or
an application is made under section 533 or 535 in relation to a title; or
an application for approval of a dealing is made under section 539; or
a provisional application for approval of a dealing is made under section 548; or
an application is made under section 554 in relation to a title.
Requirement to give information
The Titles Administrator may, by written notice given to the applicant, require the applicant to give the Titles Administrator, within the period and in the manner specified in the notice, such information about the matter to which the application relates as the Titles Administrator considers necessary or advisable.
A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
A person commits an offence if:
the person has been given a notice under subsection (2); and
the person omits to do an act; and
the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
A person commits an offence if:
the Titles Administrator requires the person to give information under subsection (2); and
the person gives information; and
the person does so knowing that the information is false or misleading in a material particular.
Penalty: 50 penalty units.
Notice to set out the effect of offence provisions
A notice under subsection (2) must set out the effect of the following provisions:
subsection (4);
subsection (5).
Note: The same conduct may be an offence against both subsection (5) of this section and Criminal Code.section 137.1 of the
Scope
This section applies if:
a person is a party to a dealing relating to a title; and
the dealing has been approved under section 543.
Requirement to give information
The Titles Administrator may, by written notice given to the person, require the person to give to the Titles Administrator, within the period and in the manner specified in the notice, such information about alterations in the interests or rights existing in relation to the title as the Titles Administrator considers necessary or advisable.
A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
A person commits an offence if:
the person has been given a notice under subsection (2); and
the person omits to do an act; and
the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
A person commits an offence if:
the Titles Administrator requires the person to give information under subsection (2); and
the person gives information; and
the person does so knowing that the information is false or misleading in a material particular.
Penalty: 50 penalty units.
Notice to set out the effect of offence provisions
A notice under subsection (2) must set out the effect of the following provisions:
subsection (4);
subsection (5).
Note: The same conduct may be an offence against both subsection (5) of this section and Criminal Code.section 137.1 of the
Scope
This section applies if the Titles Administrator has reason to believe that a document:
is in the possession or under the control of a person; and
relates to:
a transfer or dealing for which approval is sought under this Chapter; or
an application under section 533, 535 or 536.
Requirement
The Titles Administrator may, by written notice given to the person, require the person:
to produce the document to the Titles Administrator, within the period and in the manner specified in the notice; or
to make the document available for inspection by or on behalf of the Titles Administrator.
A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
A person commits an offence if:
the person has been given a notice under subsection (2); and
the person omits to do an act; and
the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
A person commits an offence if:
the person has been given a notice under subsection (2); and
the person:
produces a document to the Titles Administrator; or
makes a document available for inspection by or on behalf of the Titles Administrator; and
the person does so knowing that the document is false or misleading in a material particular; and
the document is produced or made available in compliance or purported compliance with the notice.
Penalty: 50 penalty units.
Notice to set out the effect of offence provisions
A notice under subsection (2) must set out the effect of the following provisions:
subsection (4);
subsection (6).
Note: The same conduct may be an offence against both subsection (6) of this section and Criminal Code.section 137.2 of the
The Titles Administrator may take possession of a document produced under section 558, and retain it for as long as is necessary.
The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Titles Administrator to be a true copy.
The certified copy must be received in all courts and tribunals as evidence as if it were the original.
Until a certified copy is supplied, the Titles Administrator must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.
The Titles Administrator is not concerned with the effect in law of an instrument lodged under this Chapter.
A person commits an offence if:
the person:
makes an entry in the Register; or
causes an entry to be made in the Register; or
concurs in the making of an entry in the Register; and
the person does so knowing that the entry is false.
Penalty: 50 penalty units.
Note: The same conduct may be an offence against both this section and Criminal Code.section 145.4 of the
A person commits an offence if:
the person produces or tenders in evidence a document; and
the document falsely purports to be:
a copy of or extract from an entry in the Register; or
a copy of or extract from an instrument given to the Titles Administrator under this Chapter.
Penalty: 50 penalty units.
Note: The same conduct may be an offence against both this section and Criminal Code.section 137.2 of the
Inspection of Register
The Titles Administrator must ensure that the Register is open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.
Instruments
The Titles Administrator must ensure that all instruments, or copies of instruments, subject to inspection under this Chapter are open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.
Register
The Register is to be received in all courts and proceedings as prima facie evidence of all matters required or authorised by this Chapter or Chapter 5A to be entered in the Register.
Certified copies and extracts
The Titles Administrator may, on payment of a fee calculated under the regulations, supply:
a copy of or extract from the Register; or
a copy of or extract from any instrument lodged with the Titles Administrator under this Chapter;
certified by the Titles Administrator to be a true copy or true extract, as the case may be.
The certified copy or extract is admissible in evidence in all courts and proceedings without further proof or production of the original.
Evidentiary certificate
The Titles Administrator may, on payment of a fee calculated under the regulations, issue a written certificate:
stating that an entry, matter or thing required or permitted by or under this Chapter to be made or done:
has been made or done; or
has not been made or done; or
stating that an entry, matter or thing required by or under this Chapter not to be made or done:
has not been made or done; or
has been made or done.
The certificate is to be received in all courts and proceedings as prima facie evidence of the statements in the certificate.
Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence
A certificate must not be admitted in evidence under subsection (5) in proceedings for an offence unless:
the person charged with the offence; or
a barrister or solicitor who has appeared for the person in those proceedings;
has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.
Person signing the certificate may be called to give evidence
If, under subsection (5), a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be:
called as a witness for the prosecution; and
cross-examined as if the person who signed the certificate had given evidence of the matters stated in the certificate.
However, subsection (7) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:
the prosecutor has been given at least 4 days notice of the person’s intention to require the person who signed the certificate to be so called; or
the court, by order, allows the person charged to require the person who signed the certificate to be so called.
Evidence in support, or in rebuttal, of matters in certificate to be considered on its merits
Any evidence given in support, or in rebuttal, of a matter stated in a certificate issued under subsection (4) must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.
An eligible application must be accompanied by the fee (if any) prescribed by the regulations.
Note: For eligible application, see subsection (4).
Different fees may be prescribed for different eligible applications.
A fee must not be such as to amount to taxation.
An eligible application is taken to be accompanied by a fee if the fee is received before the end of the 10-day period that began on the day after the application was made.
(4) For the purposes of this section, each of the following is an eligible application:
an application for the approval of the transfer of a title;
an application for the approval of a dealing (other than an application covered by section 551);
a provisional application for the approval of a dealing.
Offshore Petroleum and Greenhouse Gas Storage Act 2006
No. 14, 2006
Compilation No. 60
Compilation date: 5 December 2025
Includes amendments: Act No. 73, 2025
This compilation is in 4 volumes
Volume 1: sections 1-286C
Volume 2: sections 287-565A
Volume 3: sections 5 66 - 791
Volume 4: Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that shows the text of the law as amended and in force on 5 December 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 5A—Change in control of a registered holder of a title 1
Part 5A.1—Introduction 1
566 Simplified outline of this Chapter 1
566A Definitions 1
566B Meaning of control and change in control of registered holder 2
Part 5A.2—Application and approval of change in control of a registered holder 4
566C Application for approval 4
566D Titles Administrator must decide whether to approve change in control 5
566E Notice of decision 6
566F Retention and return of instrument 6
566G Limit of effect of approval 7
566H Notification of change in circumstances before or during approval period 7
566J Revocation of approval 8
566K Notification of change in control 8
566L Change in control information to be entered in Register 9
566M Application fee 9
Part 5A.3—Change in control must be approved 11
566N Change in control must be approved by Titles Administrator 11
566P Notification of change in control that takes effect without approval 12
566Q Notification of change in control by registered holder 13
Part 5A.4—Information-gathering powers 14
566R Titles Administrator may obtain information and documents 14
566S Power to examine on oath or affirmation 16
566T Self-incrimination 16
566U Copies of documents 17
566V Titles Administrator may retain documents 17
566W False or misleading information 18
566X False or misleading documents 18
566Y False or misleading evidence 19
Part 5A.5—Tracing and anti-avoidance 20
566Z Tracing 20
566ZA Anti-avoidance 21
Part 5A.6—Other provisions 23
566ZB Titles Administrator etc. not concerned with the effect of instrument lodged under this Chapter 23
566ZC Falsified documents 23
566ZD Inspection of instruments 23
566ZE Evidentiary provisions 24
Chapter 6—Administration 26
Part 6.1—Operations 26
567 Simplified outline 26
568 Commencement of works or operations 26
569 Work practices 27
570 Work practices 32
571 Financial assurance—petroleum titles 36
571A Insurance—greenhouse gas titles 38
572 Maintenance and removal of property etc. by titleholder 39
Part 6.1A—Polluter pays 42
Division 1—General 42
572A Simplified outline 42
572AA Land or waters of a State or the Northern Territory 43
572AB Land or waters of a designated external Territory 43
572B Relationship with significant offshore petroleum incident directions 43
Division 2—Polluter pays 44
572C Escape of petroleum—titleholder’s duty 44
572D Escape of petroleum—reimbursement of NOPSEMA 45
572E Escape of petroleum—reimbursement of responsible Commonwealth Minister 46
572F Escape of petroleum—reimbursement of State or Northern Territory 47
572G Concurrent operation of State and Territory laws 49
572H Constitutional basis of this Part 49
572J Additional operation of this Part 49
Part 6.2—Directions relating to petroleum 50
Division 1—Simplified outline 50
573 Simplified outline 50
Division 2—General power to give directions 52
574 General power to give directions—NOPSEMA 52
574A General power to give directions—responsible Commonwealth Minister 54
574B Directions may extend outside of title area 58
575 Notification of a direction that has an extended application 58
576 Directions under sections 574 and 574A—compliance 61
Division 2A—Directions for significant offshore petroleum incidents 64
576A Directions for significant offshore petroleum incidents—definitions for Division 2A 64
576B Directions for significant offshore petroleum incidents—NOPSEMA power to give directions 65
576C Directions for significant offshore petroleum incidents—related matters 69
576D Directions for significant offshore petroleum incidents—compliance 70
576E Concurrent operation of State and Territory laws 72
576F Constitutional basis of this Division 72
576G Additional operation of this Division 72
Division 3—NOPSEMA or the responsible Commonwealth Minister may take action if there is a breach of a direction 74
577 NOPSEMA may take action if there is a breach of a direction 74
577A Responsible Commonwealth Minister may take action if there is a breach of a direction 75
Division 4—Defence of taking reasonable steps to comply with a direction 77
578 Defence of taking reasonable steps to comply with a direction 77
Part 6.3—Directions relating to greenhouse gas 78
Division 1—Simplified outline 78
579 Simplified outline of this Part 78
Division 2—General power to give directions 79
579A General power to give directions—NOPSEMA 79
580 General power to give directions—responsible Commonwealth Minister 81
580A Directions may extend outside of title area 84
581 Notification of a direction that has an extended application 85
582 Compliance with directions 87
Division 3—NOPSEMA or the responsible Commonwealth Minister may take action if there is a breach of a direction 88
582A NOPSEMA may take action if there is a breach of a direction 88
583 Responsible Commonwealth Minister may take action if there is a breach of a direction 89
Division 4—Defence of taking reasonable steps to comply with a direction 92
584 Defence of taking reasonable steps to comply with a direction 92
Part 6.4—Restoration of the environment 93
Division 1—Petroleum 93
585 Simplified outline 93
585A Remedial directions for petroleum—power to issue directions under different provisions 94
586 Remedial directions in relation to permits, leases and licences that are in force—NOPSEMA 94
586A Remedial directions in relation to permits, leases and licences that are in force—responsible Commonwealth Minister 97
587 Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force—NOPSEMA 101
587A Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force—responsible Commonwealth Minister 104
587B Remedial directions—compliance 106
588 NOPSEMA may take action if a direction has been breached 108
589 Removal, disposal or sale of property by NOPSEMA—breach of direction 110
590 Removal, disposal or sale of property—limitation of action etc. 112
590A Responsible Commonwealth Minister may take action if a direction has been breached 113
Division 2—Greenhouse gas 115
591 Simplified outline 115
591A Remedial directions for greenhouse gas—power to issue directions under different provisions 115
591B Remedial directions in relation to permits, leases and licences that are in force—NOPSEMA 116
592 Remedial directions in relation to permits, leases and licences that are in force—responsible Commonwealth Minister 119
593 Site closing directions to current holders of greenhouse gas injection licences 123
594 Consultation—directions 126
594A Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force—NOPSEMA 128
595 Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force—responsible Commonwealth Minister 131
595A NOPSEMA may take action if a direction has been breached 134
596 Responsible Commonwealth Minister may take action if a direction has been breached 135
596A Removal, disposal or sale of property by NOPSEMA—breach of direction 137
597 Removal, disposal or sale of property by responsible Commonwealth Minister—breach of direction 140
598 Removal, disposal or sale of property—limitation of action etc. 142
Division 3—Obligations etc. if remedial direction is in force 144
598A Obligations etc. if remedial direction is in force 144
598B Consent to enter premises 158
Part 6.5—Compliance and enforcement 160
Division 1—Petroleum and greenhouse gas 160
599 Simplified outline 160
600 Definitions—this Division 160
601 Meaning of listed NOPSEMA law 161
602 NOPSEMA inspectors—appointment 164
602A NOPSEMA inspectors—directions by CEO 165
602B NOPSEMA inspectors—reimbursement for exercise of powers relating to the Titles Administrator 165
602C Listed NOPSEMA laws—monitoring powers (general) 166
602D Listed NOPSEMA laws—investigation powers (general) 169
602E Listed NOPSEMA laws—additional powers 171
602F Listed NOPSEMA laws—monitoring and investigation powers (special provisions) 173
602G Listed NOPSEMA laws—monitoring and investigation powers (reasonable facilities and assistance) 174
602H Listed NOPSEMA laws—monitoring and investigation powers (Greater Sunrise visiting inspectors) 175
602J Environmental management laws—additional powers 176
602JA Well integrity laws—additional powers 176
602K NOPSEMA inspections—titleholder’s representative 176
602L Listed NOPSEMA laws—monitoring and investigation powers (relationship with other powers) 179
603 Interfering with offshore petroleum installations or operations 179
604 Forfeiture orders etc. 180
609 Interfering with greenhouse gas installations or operations 181
610 Forfeiture orders etc. 182
Division 3—Time for bringing proceedings for offences 184
611 Time for bringing proceedings for offences 184
Division 4—Civil penalties 185
611A Simplified outline 185
611B Civil penalty provisions 185
611C Contravening civil penalty provisions 189
Division 5—Infringement notices 190
611D Simplified outline 190
611E Infringement notices 190
611F Infringement notice—multiple contraventions 193
611G Evidentiary matters 194
Division 6—Injunctions 195
611H Simplified outline 195
611J Injunctions 195
Division 7—Adverse publicity orders 202
611K Simplified outline 202
611L Adverse publicity orders 202
Division 8—Enforceable undertakings 205
611M Simplified outline of this Division 205
611N Enforceable undertakings 205
611P Publication of enforceable undertakings 210
611Q Compliance with enforceable undertaking 212
Part 6.6—Safety zones and the area to be avoided 213
Division 1—Introduction 213
612 Simplified outline 213
613 Simplified map of the area to which Schedule 2 applies 214
614 Definitions 215
615 Authorised persons 219
Division 2—Petroleum safety zones 220
616 Petroleum safety zones 220
Division 3—Greenhouse gas safety zones 222
617 Greenhouse gas safety zones 222
Division 4—Unauthorised vessel not to enter area to be avoided 224
618 NOPSEMA may authorise entry into area to be avoided 224
619 Unauthorised vessel not to enter area to be avoided 224
Division 5—Powers of authorised persons 227
620 Requirement to move vessel etc. 227
621 Other powers of authorised persons 228
622 Warrants 231
623 Exercise of powers in serious circumstances 232
Part 6.7—Collection of fees and royalties 233
Division 3—Royalties payable under the Royalty Act 233
631 When royalty due for payment 233
632 When adjusted amount due for payment 233
633 Late payment penalty 234
634 Recovery of royalty debts 234
635 Amounts payable to the Titles Administrator 235
Division 4—Fees payable under this Act 236
636 Fees payable under this Act 236
Part 6.8—Occupational health and safety 237
637 Occupational health and safety 237
638 Listed OHS laws 237
639 Regulations relating to occupational health and safety 238
640 Commonwealth maritime legislation does not apply in relation to facilities located in offshore areas 238
641 Commonwealth maritime legislation does not apply in relation to facilities located in designated coastal waters 239
Part 6.9—National Offshore Petroleum Safety and Environmental Management Authority 241
Division 1—Introduction 241
642 Simplified outline 241
643 Definitions 242
644 Designated coastal waters 247
Division 2—Establishment, functions and powers of NOPSEMA 248
645 National Offshore Petroleum Safety and Environmental Management Authority 248
646 NOPSEMA’s functions 248
646A Limits on functions conferred on NOPSEMA 252
647 Policy principles 259
648 NOPSEMA’s ordinary powers 259
649 Functions and powers of NOPSEMA under State or Territory PSLA 260
649A Functions and powers of NOPSEMA in its capacity as the Offshore Infrastructure Regulator 260
650 Additional functions and powers 261
652 NOPSEMA is a body corporate 263
Division 3—National Offshore Petroleum Safety and Environmental Management Authority Board 264
Subdivision A—Establishment, functions and membership 264
653 National Offshore Petroleum Safety and Environmental Management Authority Board 264
654 Functions of the Board 264
655 Powers of the Board 266
656 Membership 266
Subdivision B—Board procedures 267
657 Board procedures 267
Subdivision C—Terms and conditions for Board members 267
658 Term of appointment and related matters for Board members 267
659 Remuneration and allowances of Board members 268
660 Leave of absence of Board members 268
661 Resignation of Board members 268
662 Termination of appointment of Board members 269
663 Other terms and conditions of Board members 269
664 Acting Board members 270
Division 4—Chief Executive Officer and staff of NOPSEMA 271
665 Appointment of the CEO 271
666 Duties of the CEO 271
667 Working with the Board 271
668 Remuneration and allowances of the CEO 272
669 Leave of absence of the CEO 272
670 Resignation of the CEO 273
672 Termination of CEO’s appointment 273
673 Other terms and conditions 274
674 Acting appointments 275
675 Delegation by CEO 275
676 Staff of NOPSEMA 275
677 Consultants and persons seconded to NOPSEMA 276
Division 5—Corporate plans 277
677A Corporate plan must deal separately with activities of the Offshore Infrastructure Regulator 277
678 Corporate plan 277
679 Responsible Commonwealth Minister’s response to corporate plan 278
Division 7—NOPSEMA’s finances 280
682 Commonwealth payments to NOPSEMA 280
683 Application of money by NOPSEMA 282
Division 8—Other financial matters 283
685 Fees for expenses incurred by NOPSEMA 283
686 Safety investigation levy 284
687 Safety case levy 285
688 Well investigation levy 286
688A Annual well levy 287
688B Well activity levy 288
688C Environment plan levy 289
689 Liability to taxation 291
Division 9—Miscellaneous 292
690 Annual reports 292
691 Ministers may require NOPSEMA to prepare reports or give information 293
692 Responsible Commonwealth Minister may give directions to NOPSEMA 294
693 Prosecutions by the Director of Public Prosecutions under mirror provisions 296
694 Fair Work Commission may exercise powers under mirror provisions 297
695 Reviews of operations of NOPSEMA 297
Part 6.10—National Offshore Petroleum Titles Administrator 300
Division 1—Introduction 300
695AB Simplified outline 300
Division 2—National Offshore Petroleum Titles Administrator 301
695A National Offshore Petroleum Titles Administrator 301
695B Functions of the Titles Administrator 301
695C Acting Titles Administrator 304
695D Delegation by the Titles Administrator 305
695E Titles Administrator to be assisted by APS employees in the Department 305
695F Other persons assisting the Titles Administrator 305
695G Consultants 306
Division 3—National Offshore Petroleum Titles Administrator Special Account 307
695H National Offshore Petroleum Titles Administrator Special Account 307
695J Credits to the Account 307
695K Purposes of the Account and transfers to general CRF 308
Division 4—Other financial matters 309
695L Fees 309
695M Annual titles administration levy 309
Division 5—Miscellaneous 312
695N Annual report 312
695P Reviews of activities of Titles Administrator 312
695Q Judicial notice of signature of Titles Administrator 314
695R Communications with responsible Commonwealth Minister 314
Part 6.11—Using and sharing offshore information and things 316
Division 1—Introduction 316
695S Simplified outline 316
695T Definitions 316
695U Scope of Part 317
Division 2—NOPSEMA’s use of offshore information or things 319
695V Purposes for which NOPSEMA may use offshore information or things 319
Division 3—Sharing offshore information or things 320
695W Sharing offshore information or things for the purposes of this Act 320
695WA Sharing offshore information or things for the purposes of managing or responding to certain events 320
695X Sharing offshore information or things with other agencies 322
695XA CEO of NOPSEMA may share offshore information or things with Timorese Designated Authority 323
695Y Personal information 323
Part 6.12—Other matters 324
Division 1—Simplified outline 324
695YA Simplified outline of this Part 324
Division 2—Decision-making under this Act and matters to which a decision-maker must have regard 325
695YB Matters to which a decision-maker must have regard 325
Division 3—Notification of events 328
695YC Requirement to give notice if certain events occur 328
Chapter 7—Information relating to petroleum 331
Part 7.1—Data management and gathering of information 331
Division 1—Introduction 331
696 Simplified outline 331
Division 2—Data management 332
697 Direction to keep records 332
698 Regulations about data management 334
Division 3—Information-gathering powers 336
699 Titles Administrator or NOPSEMA inspector may obtain information and documents 336
700 Copying documents—reasonable compensation 339
701 Power to examine on oath or affirmation 339
702 Self-incrimination 339
703 Copies of documents 340
704 Titles Administrator or NOPSEMA inspector may retain documents 340
705 False or misleading information 341
706 False or misleading documents 341
707 False or misleading evidence 341
707A Directions by Titles Administrator 342
Part 7.2—Release of regulatory information 343
708 Notifiable events—Gazette notice 343
709 Titles Administrator to make documents available to responsible Commonwealth Minister 344
Part 7.3—Release of technical information 345
Division 1—Introduction 345
710 Simplified outline 345
711 Definitions 345
Division 2—Protection of confidentiality of information and samples 348
Subdivision A—Information and samples obtained by the Titles Administrator 348
712 Protection of confidentiality of documentary information obtained by the Titles Administrator 348
713 Protection of confidentiality of petroleum mining samples obtained by the Titles Administrator 349
714 Titles Administrator may make information or samples available to a Minister, a State Minister or a Northern Territory Minister 351
Subdivision B—Information and samples obtained by a recipient Minister 352
715 Protection of confidentiality of information obtained by a recipient Minister 352
716 Protection of confidentiality of petroleum mining samples obtained by a recipient Minister 354
Subdivision C—Miscellaneous 355
717 Fees 355
718 Review by Minister 356
719 Privacy Act 356
Division 3—Copyright 357
720 Publishing or making copies of applicable documents not an infringement of copyright 357
7 March 2000 358Division 4—Release of technical information given to the Designated Authority before
721 Release of technical information given to the Designated Authority before 7 March 2000 358
Chapter 8—Information relating to greenhouse gas 359
Part 8.1—Data management and gathering of information 359
Division 1—Introduction 359
722 Simplified outline 359
Division 2—Data management 360
723 Direction to keep records 360
724 Regulations about data management 361
Division 3—Information-gathering powers (general) 363
725 Titles Administrator or NOPSEMA inspector may obtain information and documents 363
726 Copying documents—reasonable compensation 365
727 Power to examine on oath or affirmation 365
728 Self-incrimination 365
729 Copies of documents 366
730 Titles Administrator or NOPSEMA inspector may retain documents 366
731 False or misleading information 367
732 False or misleading documents 367
733 False or misleading evidence 367
733A Directions by Titles Administrator 368
Division 4—Information-gathering powers (cross-boundary) 369
733B Responsible Commonwealth Minister may obtain information and documents 369
733C Copying documents—reasonable compensation 370
733D Self-incrimination 371
733E Copies of documents 371
733F Responsible Commonwealth Minister may retain documents 371
733G False or misleading information 372
733H False or misleading documents 372
733J Crown to be bound 372
Part 8.2—Release of regulatory information 374
734 Notifiable events—Gazette notice 374
734A Titles Administrator to make documents available to responsible Commonwealth Minister 375
Part 8.3—Release of technical information 376
Division 1—Introduction 376
735 Simplified outline 376
736 Definitions 376
737 Documents and samples given to the responsible Commonwealth Minister 377
Division 2—Protection of confidentiality of information and samples 379
Subdivision A—Information and samples obtained by the responsible Commonwealth Minister or the Titles Administrator 379
738 Protection of confidentiality of documentary information obtained by the responsible Commonwealth Minister or the Titles Administrator 379
739 Protection of confidentiality of eligible samples obtained by the responsible Commonwealth Minister or the Titles Administrator 381
740 Responsible Commonwealth Minister or the Titles Administrator may make information or samples available to a Minister, a State Minister or a Northern Territory Minister 382
Subdivision AA—Information and samples obtained by a recipient Minister 383
740A Protection of confidentiality of information obtained by a recipient Minister 383
740B Protection of confidentiality of eligible samples obtained by a recipient Minister 385
Subdivision B—Miscellaneous 386
741 Fees 386
742 Privacy Act 387
Division 3—Copyright 388
743 Publishing or making copies of applicable documents not an infringement of copyright 388
Chapter 9—Miscellaneous 389
Part 9.1—Review of decisions 389
744 Simplified outline 389
745 Definitions 389
747 Review of reviewable Ministerial decision 390
747A Review of reviewable Titles Administrator decision 390
Part 9.2—Expert advisory committees 391
748 Establishment of expert advisory committees 391
749 Function of expert advisory committees 391
750 Appointment of expert advisory committee members etc. 394
751 Procedures of expert advisory committees 394
752 Remuneration and allowances 395
753 Leave of absence 396
754 Resignation 396
755 Disclosure of interests to the responsible Commonwealth Minister 396
756 Disclosure of interests to an expert advisory committee 396
757 Other terms and conditions 397
758 Protection of information 397
Part 9.3—Information relevant to the making of designated agreements 400
Division 1—Information-gathering powers of the responsible Commonwealth Minister 400
759 Responsible Commonwealth Minister may obtain information and documents 400
760 Copying documents—reasonable compensation 402
761 Self-incrimination 402
762 Copies of documents 403
763 Responsible Commonwealth Minister may retain documents 403
764 False or misleading information 403
765 False or misleading documents 404
Division 2—Protection of information given to the responsible Commonwealth Minister under section 759 etc. 405
766 Protection of information 405
767 Disclosure of information to titleholder etc. 406
Division 3—Protection of certain information given to the responsible Commonwealth Minister under section 733B etc. 407
767A Protection of information 407
767B Disclosure of information to titleholder etc. 408
Part 9.4—Liability for acts and omissions 409
768 Liability for acts and omissions 409
Part 9.5—Jurisdiction of courts 411
769 Jurisdiction of State courts 411
770 Jurisdiction of Territory courts 411
Part 9.6A—Multiple titleholders 412
Division 1—Eligible voluntary action by multiple titleholders 412
775A Definitions 412
775B Eligible voluntary action by multiple holders of a petroleum title 413
775C Eligible voluntary action by multiple holders of a greenhouse gas title (other than a cross-boundary greenhouse gas title) 415
775CA Eligible voluntary action by multiple holders of a cross-boundary greenhouse gas title 418
Division 2—Obligations of multiple titleholders 421
775D Obligations of multiple holders of a petroleum title 421
775E Obligations of multiple holders of a greenhouse gas title 422
Part 9.7—Publication in Gazette 423
776 Publication in Gazette—State or external Territory 423
777 Publication in Gazette—Northern Territory 423
Part 9.8—Delegation by responsible Commonwealth Minister 424
778 Delegation by responsible Commonwealth Minister 424
Part 9.9—Public interest 426
779 Public interest 426
Part 9.10—Compensation for acquisition of property 427
780 Acquisition of property 427
Part 9.10A—Inquiries into significant offshore incidents 428
780A Appointment of Commissioner 428
780B Hearings 430
780C Commissioner not bound by the rules of evidence 430
780D Departmental officers 430
780E Application of the Royal Commissions Act 1902 431
780F Conferral of inspection powers 431
780G Application of laws relating to disclosure 434
Part 9.10B—Personal property securities 435
780H Titles, and interests etc. in titles, are not personal property for the purposes of the Personal Property Securities Act 2009 435
Part 9.10C—Commonwealth reserves 436
Division 1—Introduction 436
780J Simplified outline of this Part 436
Division 2—Validation etc. 437
780K Validation of certain renewals and extensions 437
780L Application of EPIC exemption regime to certain petroleum titles 438
Part 9.10D—Greater Sunrise special regime area 441
Division 1—Bodies exercising Australia’s rights and responsibilities 441
780M Bodies exercising Australia’s rights and responsibilities relating to the Greater Sunrise special regime area 441
Division 2—Limits on Australian law in Greater Sunrise special regime area 442
780N Australian law subject to legislation made under the Timor Sea Maritime Boundaries Treaty 442
Division 3—Declaration of Greater Sunrise pipeline international offshore area 443
780P Declaration of Greater Sunrise pipeline international offshore area 443
Part 9.11—Regulations 444
781 Regulations 444
782 Regulations dealing with specific matters 444
782A Regulations—service of documents 448
783 Regulations may provide for matters by reference to codes of practice or standards 448
784 Unconditional or conditional prohibition 449
785 Regulations not limited by conditions provisions 449
786 Exercise of Australia’s rights under international law—petroleum in the continental shelf 449
787 Exercise of Australia’s rights under international law—injection and storage of greenhouse gas substances in the continental shelf 449
788 Exercise of Australia’s rights under international law—petroleum within territorial limits 450
789 Exercise of Australia’s rights under international law—injection and storage of greenhouse gas substances within territorial limits 450
790 Offences 451
790A Regulations dealing with the Regulatory Powers Act 451
790B Environment 454
790C Constitutional basis of Environment Regulations 454
790D Additional operation of Environment Regulations 454
Part 9.12—Transitional provisions 456
791 Transitional provisions 456
• A person who begins to control, or ceases to control, a registered holder of a title may commit an offence or contravene a civil penalty provision if the change in control has not been approved by the Titles Administrator.
• The Titles Administrator may obtain information, documents or evidence in relation to a change in control of a registered holder, or a possible change in control, in certain circumstances.
In this Chapter:
approval period, for a change in control of a registered holder of a title, means the period:
starting on the day the notice of approval for the change in control is given; and
ending at the earliest of the following:
immediately after the change in control takes effect;
if the approval of a change in control is revoked—when the notice of revocation is given;
9 months after the day the notice of approval is given.
change in control: see subsection 566B(4).
control: see subsection 566B(1).
Register:
in relation to a change in control of a registered holder of any of the following, means the Register kept under section 469:
a petroleum exploration permit;
a petroleum retention lease;
a petroleum production licence;
an infrastructure licence;
a pipeline licence;
in relation to a change in control of a registered holder of any of the following, means the Register kept under section 521:
a greenhouse gas assessment permit;
a greenhouse gas holding lease;
a greenhouse gas injection licence.
title means:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence; or
a pipeline licence; or
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence.
(1) A person controls the registered holder of a title if the person (whether alone or together with one or more other persons the person acts jointly with):
holds the power to exercise, or control the exercise of, 20% or more of the voting rights in the registered holder; or
holds, or holds an interest in, 20% or more of the issued securities in the registered holder.
(2) A person acts jointly with another person if the person acts or is accustomed to acting in agreement with, or in accordance with the wishes of, the other person.
The regulations may prescribe a different percentage, or different percentages, to the percentage specified in paragraph (1)(a) or (b).
(4) There is a change in control of a registered holder of a title if:
(a) one or more persons (an original controller) control the registered holder of a title at a particular time; and
either:
one or more other persons begin to control the registered holder (whether alone or together with one or more other persons the person acts jointly with) after that time; or
an original controller (whether alone or together with one or more other persons the person acts jointly with) ceases to control the registered holder after that time.
A person who:
proposes to begin to control a registered holder of a title; or
proposes to cease to control a registered holder of a title;
may apply to the Titles Administrator for approval of a change in control of the registered holder of the title.
Note 1: A person who begins to control, or ceases to control, a registered holder where the change in control has not been approved may commit an offence or be liable to a civil penalty (see section 566N).
Note 2: Section 566M requires the application to be accompanied by an application fee.
An application under this section must:
be made in an approved manner; and
be in the approved form; and
be accompanied by any information or documents required by the form.
If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10-day period that began on the day after the application was made.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in paragraph (2)(a).
Scope
This section applies if an application is made for approval of a change in control of a registered holder of a title under section 566C.
Decision
The Titles Administrator must decide:
to approve the change in control; or
to refuse to approve the change in control.
Note: The applicant must be notified of the decision (see section 566E).
Before deciding whether to approve or refuse to approve a change in control, the Titles Administrator may consult with one or more of the following:
the Cross-boundary Authority;
the Joint Authority;
NOPSEMA;
the responsible Commonwealth Minister.
In deciding whether to approve or refuse to approve a change in control, the Titles Administrator:
must have regard to the matters specified in subsection (5); and
may have regard to the following matters:
matters raised in consultations (if any) under subsection (3);
any other matters the Titles Administrator considers relevant.
The matters are as follows:
whether the technical advice and financial resources available to the registered holder after the change in control takes effect are sufficient to:
carry out the operations and works that are authorised by the titles held by the registered holder; and
discharge the obligations that are imposed under this Act, or a legislative instrument under this Act, in relation to those titles;
the matters specified in section 695YB as they apply to a person who will begin to control the registered holder;
if a person who will begin to control the registered holder is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
any other matters prescribed by the regulations.
Notice of approval
If the Titles Administrator approves a change in control of a registered holder of a title, the Titles Administrator must give the applicant written notice of the approval.
Notice of refusal
If the Titles Administrator refuses to approve the change in control of a registered holder of a title, the Titles Administrator must give the applicant written notice of the refusal.
If an application under section 566C was accompanied by the original instrument or proposed instrument effecting a change in control of a registered holder of a title, the Titles Administrator must, after making a decision under subsection 566D(2):
make and retain a copy of the instrument or proposed instrument; and
return the original instrument or proposed instrument to the applicant.
The approval of a change in control of a registered holder of a title does not give the transaction or proposed transaction effecting the change in control any force, effect or validity that the transaction would not have had if this Chapter had not been enacted.
A person contravenes this subsection if:
an application is made for approval of a change in control of a registered holder of a title under section 566C; and
the person proposes to:
begin to control the registered holder; or
cease to control the registered holder; and
there is a change in circumstances in relation to the person that materially affects any of the matters the Titles Administrator must have regard to under subsection 566D(4); and
the change in circumstances occurs either:
before the Titles Administrator makes a decision under subsection 566D(2); or
if the change in control is approved—during the approval period for the change in control; and
the person does not notify the Titles Administrator of the matters in paragraph (c) as soon as practicable after the change in circumstances occurs.
Note 1: Under subsection 566D(4), the Titles Administrator must have regard to various matters when deciding whether to approve or refuse to approve a change in control of a registered holder of a title.
Note 2: Contravention of this subsection is also a ground for cancellation of the title (see paragraphs 274(e) and 446(da)).
Civil penalty provision
(2) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 480 penalty units.
Revocation
The Titles Administrator may revoke an approval of a change in control of a registered holder of a title in the approval period for the change in control if:
there is a change in the circumstances of a person who is approved to:
begin to control the registered holder; or
cease to control the registered holder; and
the Titles Administrator considers it appropriate to revoke the approval.
Notice of revocation
If the Titles Administrator revokes an approval of a change in control, the Titles Administrator must give written notice of the revocation to the person given notice of the approval of the change in control.
A person contravenes this subsection if:
the Titles Administrator approves a change in control of a registered holder of a title; and
the change in control takes effect within the approval period for the change in control; and
the person given notice of the approval of the change in control does not notify the Titles Administrator of the matter in paragraph (b) within 10 days after the end of the approval period.
Civil penalty provision
(2) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 480 penalty units.
The maximum civil penalty for each day that a contravention of subsection (2) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (2) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
If the Titles Administrator is notified of a change in control of a registered holder of a title, the Titles Administrator must make a notation of the matters set out in subsection (2) in the Register on:
the memorial relating to any title held by the registered holder; or
a copy of that title.
The matters are the following:
the date of any application made under section 566C;
the date of any decision made under subsection 566D(2);
the date the change in control took effect.
The Titles Administrator may make such other notation in the Register as the Titles Administrator considers appropriate.
An application for an approval under section 566C must be accompanied by the fee (if any) prescribed by the regulations.
The fee must not be such as to amount to taxation.
An application is taken to be accompanied by the fee if the fee is received before the end of the 10-day period that began on the day after the application was made.
A person contravenes this subsection if:
there is a change in control of a registered holder of a title; and
the person:
begins to control the registered holder; or
ceases to control the registered holder; and
either:
the Titles Administrator has not approved the change in control; or
the Titles Administrator has approved the change in control, but the change in control took effect after the end of the approval period for the change in control.
Note: Contravention of this subsection is also a ground for cancellation of title (see paragraphs 274(e) and 446(da)).
Fault-based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 1,200 penalty units, or both.
Civil penalty provision
(3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 2,400 penalty units.
Subsection (3) does not apply if the person did not know, and could not reasonably be expected to have known, that the person has begun to control, or ceased to control, the registered holder.
Note: A person who wishes to rely on subsection (4) in proceedings for a civil penalty order bears an evidential burden in relation to that matter (see section 96 of the Regulatory Powers Act).
A person contravenes this subsection if:
there is a change in control of a registered holder of a title; and
the person:
begins to control the registered holder; or
ceases to control the registered holder; and
either:
the Titles Administrator has not approved the change in control; or
the Titles Administrator has approved the change in control, but the change in control took effect after the end of the approval period for the change in control; and
the person does not notify the Titles Administrator of the change in control within 30 days of the change taking effect.
Note: Contravention of this subsection is also a ground for cancellation of title (see paragraphs 274(e) and 446(da) of the Act).
Civil penalty provision
(2) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 480 penalty units.
The maximum civil penalty for each day that a contravention of subsection (2) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (2) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Subsection (2) does not apply if the person did not know, and could not reasonably be expected to have known, that the person has begun to control, or ceased to control, the registered holder.
Note: A person who wishes to rely on subsection (4) in proceedings for a civil penalty order bears an evidential burden in relation to that matter (see section 96 of the Regulatory Powers Act).
A registered holder of a title contravenes this section if:
there is a change in control of the registered holder; and
either:
the Titles Administrator has not approved the change in control; or
the Titles Administrator has approved the change in control, but the change in control took effect after the end of the approval period for the change in control; and
the registered holder knows or ought reasonably to know the change in control has taken effect; and
the registered holder does not notify the Titles Administrator of the change in control within 30 days of the change taking effect.
Civil penalty provision
(2) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 480 penalty units.
Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2).
Scope
This section applies if:
one of the following applies:
the Titles Administrator believes on reasonable grounds that there has been, or that there will be, a change in control of a registered holder of a title;
an application is made under section 566C for an approval of a change in control of a registered holder;
the approval period for the change in control of a registered holder of a title has not ended and the Titles Administrator believes on reasonable grounds that there has been, or will be, a change in the circumstances of a person approved to begin to control the registered holder or cease to control the registered holder; and
the Titles Administrator believes on reasonable grounds that a person has information or a document, or is capable of giving evidence, that is relevant to the matter in subparagraph (a)(i), (ii) or (iii).
Requirement
The Titles Administrator may, by notice in writing given to the person, require the person:
to give the Titles Administrator, within the period and in the manner specified in the notice, any such information; or
to produce to the Titles Administrator, within the period and in the manner specified in the notice, any such documents; or
if the person is an individual—to appear before the Titles Administrator at a time and place specified in the notice to:
give any such evidence, either orally or in writing; and
produce any such documents; or
if the person is a body corporate—to cause a competent officer of the body to appear before the Titles Administrator at a time and place specified in the notice to:
give any such evidence, either orally or in writing; and
produce any such documents.
The period specified under paragraph (2)(a) or (b) must not be shorter than 14 days after the notice is given.
A time specified under paragraph (2)(c) or (d) must not be earlier than 14 days after the notice is given.
A person contravenes this subsection if:
a person is subject to a requirement under subsection (2); and
the person fails to comply with the requirement.
Fault-based offence
A person commits an offence if the person contravenes subsection (5).
Penalty: 100 penalty units.
Civil penalty provision
(7) A person is liable to a civil penalty if the person contravenes subsection (5).
Civil penalty: 150 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
The maximum penalty for each day that an offence under subsection (6) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: To the extent that subsection (10) provides, subsection (6) is a continuing offence under Crimes Act 1914.section 4K of the
The maximum civil penalty for each day that a contravention of subsection (7) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: To the extent that subsection (10) provides, subsection (7) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Subsections (8) and (9) apply only in relation to a contravention of a requirement to which paragraph (2)(a) or (b) applies.
Notice to set out the effect of offence and civil penalty provisions
A notice under subsection (2) must set out the effect of the following provisions:
subsection (6);
subsection (7);
subsection (8);
subsection (9);
section 566W (about giving false or misleading information);
section 566X (about giving false or misleading documents);
section 566Y (about giving false or misleading evidence).
The Titles Administrator may:
administer an oath or affirmation to a person required to appear before the Titles Administrator under section 566R; and
examine that person on oath or affirmation.
An individual is not excused from giving information or evidence or producing a document under section 566R on the ground that the information or evidence or the production of the document might tend to incriminate the individual in relation to an offence.
Note: A body corporate is not entitled to claim the privilege against self-incrimination.
However:
the information or evidence given or the document produced; and
the giving of the information or evidence or the production of the document; and
any information, document or thing obtained as a direct or indirect consequence of the giving of the information or evidence or the production of the document;
are not admissible in evidence against the individual in any criminal proceedings, other than:
proceedings for an offence against subsection 566R(6) or section 566W, 566X or 566Y; or
(e) proceedings for an offence against Criminal Code that relates to this Part.section 137.1 or 137.2 of the
If, at general law, an individual would otherwise be able to claim the privilege against self-exposure to a penalty (other than a penalty for an offence) in relation to giving information or evidence or producing a document under section 566R, the individual is not excused from giving the information or evidence or producing the document under those provisions on that ground.
Note: A body corporate is not entitled to claim the privilege against self-exposure to a penalty.
The Titles Administrator may inspect a document produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.
The Titles Administrator may take possession of a document produced under this Part, and retain it for as long as is reasonably necessary.
The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Titles Administrator to be a true copy.
The certified copy must be received in all courts and tribunals as evidence as if it were the original.
Until a certified copy is supplied, the Titles Administrator must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.
A person commits an offence if:
the person gives information in compliance or purported compliance with subsection 566R(2); and
the person does so knowing that the information:
is false or misleading in a material particular; or
omits any matter or thing without which the information is misleading in a material particular.
Note: The same conduct may be an offence against both this section and Criminal Code.section 137.1 of the
Penalty: 100 penalty units.
A person commits an offence if:
the person produces a document in compliance or purported compliance with subsection 566R(2); and
the person does so knowing that the document is false or misleading in a material particular.
Note: The same conduct may be an offence against both this section and Criminal Code.section 137.2 of the
Penalty: 100 penalty units.
A person commits an offence if:
the person gives evidence in compliance or purported compliance with subsection 566R(2); and
the person does so knowing that the evidence is false or misleading in a material particular.
Penalty: Imprisonment for 12 months.
Subsection (4) applies if a person (whether alone or together with one or more other persons the person acts jointly with):
holds the power to exercise, or control the exercise of, 20% or more of the voting rights in:
(i) a corporation (higher party); or
(ii) a partnership (a general partner of which is a higher party); or
(b) holds, or holds an interest in, 20% or more of the issued securities in a corporation (higher party); or
(c) holds 20% or more of the interests in:
(i) a trust (a trustee of which is a higher party); or
(ii) a partnership (a general partner of which is a higher party);
including because of one or more applications of this section; and
the higher party (whether alone or together with one or more other persons the person acts jointly with) holds the power to exercise, or control the exercise of, 20% or more of the voting rights in:
(i) a corporation (lower party); or
(ii) a partnership (lower party) other than the partnership mentioned in subparagraph (a)(ii) or subparagraph (c)(ii) (if either of those subparagraphs apply); or
(e) the higher party holds, or holds an interest in, 20% or more of the issued securities in a corporation (lower party); or
the higher party holds 20% or more of the interests in:
(i) a trust (lower party); or
(ii) a partnership (lower party) other than the partnership mentioned in subparagraph (a)(ii) or subparagraph (c)(ii) (if either of those subparagraphs apply).
(2) A person holds 20% or more of the interests in a trust if the person holds 20% or more of:
the beneficial interest in the income or property of the trust; or
the interest in units in a unit trust.
(3) A person holds 20% or more of the interests in a partnership if the person is entitled to 20% or more of any of the distributions of capital, assets or profits of the partnership, either on dissolution of the partnership or otherwise.
For the purposes of this Chapter:
if paragraph (1)(d) applies, the person is taken to hold the power to exercise, or control the exercise of, the voting rights in the lower party that the higher party holds the power to exercise or control; or
if paragraph (1)(e) applies, the person is taken to hold, or hold an interest in, the issued securities in the lower party that the higher party holds or holds an interest in; or
if paragraph (1)(f) applies, the person is taken to hold the interests in the lower party that the higher party holds.
The regulations may prescribe a different percentage, or different percentages, to the percentage specified in paragraphs (1)(a) to (f) and subsection (2) or (3).
In this section:
general partner means a partner of a partnership whose liability in relation to the partnership is not limited.
A person contravenes this subsection if:
the person, either alone or with one or more other persons:
enters into a scheme; or
begins to carry out a scheme; or
carries out a scheme; and
(b) the person does so for the sole or dominant purpose of avoiding the application of in relation to any person or persons (whether or not those persons are the same persons mentioned in paragraph (a)); andPart 5A.3
as a result of that scheme or part of that scheme, a person avoided the application of Part 5A.3.
Note: Contravention of this subsection is also a ground for cancellation of title (see paragraphs 274(e) and 446(da) of the Act).
Fault-based offence
A person commits an offence if the person contravenes subsection (1).
Penalty: 1,200 penalty units.
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 2,400 penalty units.
In this section:
scheme means:
any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.
None of the following is concerned with the effect in law of an instrument lodged under this Chapter:
the Joint Authority;
the Titles Administrator;
a person acting under the direction or authority of the Joint Authority or the Titles Administrator.
A person commits an offence if:
the person produces or tenders in evidence a document; and
the document falsely purports to be a copy of or extract from an instrument given to the Titles Administrator under this Chapter.
Note: The same conduct may be an offence against both this section and Criminal Code.section 137.2 of the
Penalty: 50 penalty units.
The Titles Administrator must ensure that all instruments, or copies of instruments, subject to inspection under this Chapter are open for inspection at all convenient times, by any person on payment of a fee calculated under the regulations.
Certified copies and extracts
The Titles Administrator may, on payment of a fee calculated under the regulations, supply a copy of or extract from any instrument lodged with the Titles Administrator under this Chapter, certified by the Titles Administrator to be a true copy or true extract.
The certified copy or extract is admissible in evidence in all courts and proceedings without further proof or production of the original.
Evidentiary certificate
The Titles Administrator may, on payment of a fee calculated under the regulations, issue a written certificate:
stating that an entry, matter or thing required or permitted by or under this Chapter to be made or done:
has been made or done; or
has not been made or done; or
stating that an entry, matter or thing required by or under this Chapter not to be made or done:
has not been made or done; or
has been made or done.
The certificate is to be received in all courts and proceedings as prima facie evidence of the statements in the certificate.
Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence
A certificate must not be admitted in evidence under subsection (4) in proceedings for an offence unless:
the person charged with the offence; or
a barrister or solicitor who has appeared for the person in those proceedings;
has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.
Person signing the certificate may be called to give evidence
If, under subsection (4), a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be:
called as a witness for the prosecution; and
cross-examined as if the person who signed the certificate had given evidence of the matters stated in the certificate.
However, subsection (6) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:
the prosecutor has been given at least 4 days’ notice of the person’s intention to require the person who signed the certificate to be so called; or
the court, by order, allows the person charged to require the person who signed the certificate to be so called.
Evidence in support, or in rebuttal, of matters in certificate to be considered on its merits
Any evidence given in support, or in rebuttal, of a matter stated in a certificate issued under subsection (3) must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.
The following is a simplified outline of this Part:
• This Part imposes requirements that must be complied with by titleholders in relation to the following:
the commencement of works or operations;
work practices;
financial assurance;
the maintenance and removal of property.
Scope
This section applies to:
a special petroleum exploration permit; or
a petroleum retention lease; or
an infrastructure licence; or
a pipeline licence;
if the permit, lease or licence is granted subject to a condition that works or operations specified in the permit, lease or licence are to be carried out.
Commencement of works or operations
The registered holder of the permit, lease or licence must begin to carry out those works or operations within:
180 days after the day on which the permit, lease or licence comes into force; or
such longer period as the Joint Authority allows.
The table has effect:
Paragraphs (c) to (h) of item 1, and paragraph (b) of item 2, of the table in subsection (1) have effect subject to any authorisation given, or requirement made, by or under:
this Act; or
the regulations; or
a direction under this Act.
Paragraphs (b) to (h) of item 1 of the table in subsection (1) do not limit paragraph (a) of that item.
Paragraph (b) of item 2 of the table in subsection (1) does not limit paragraph (a) of that item.
Paragraph (b) of item 3 of the table in subsection (1) does not limit paragraph (a) of that item.
Offence
A person commits an offence if:
the person is subject to a requirement under subsection (1); and
the person engages in conduct; and
the person’s conduct breaches the requirement.
Penalty: 100 penalty units.
An offence against subsection (6) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Civil penalty
A person is liable to a civil penalty if the person contravenes a requirement under subsection (1).
Civil penalty: 1,000 penalty units.
Defence
In:
a prosecution for an offence against subsection (6) in relation to a breach of a paragraph of an item of the table in subsection (1); or
proceedings for a civil penalty order for the purposes of subsection (6B) in relation to a breach of a paragraph of an item of the table in subsection (1); or
an action arising out of a breach of a paragraph of an item of the table in subsection (1);
it is a defence if the defendant proves that the defendant took all reasonable steps to comply with that paragraph.
This section has effect subject to certain other provisions etc.
Note: In a prosecution for an offence, the defendant bears a legal burden in relation to the matter in subsection (7)—see Criminal Code.section 13.4 of the
This section has effect subject to:
any other provision of this Act; and
the regulations; and
a direction under section 574, 574A or 576B; and
any other law.
Note: A petroleum titleholder is required to comply with any directions by NOPSEMA or the responsible Commonwealth Minister given under the following provisions:
sections 574 and 576B (by NOPSEMA);
section 574A (by the responsible Commonwealth Minister).
The table has effect:
Paragraphs (a) to (g) of item 2 of the table in subsection (1) have effect subject to any authorisation given, or requirement made, by or under:
this Act; or
the regulations; or
a direction under this Act.
Paragraph (b) of item 1 of the table in subsection (1) does not limit paragraph (a) of that item.
Paragraphs (a) to (g) of item 2 of the table in subsection (1) do not limit paragraph (a) of item 1 of the table.
Offence
A person commits an offence if:
the person is subject to a requirement under subsection (1); and
the person engages in conduct; and
the person’s conduct breaches the requirement.
Penalty: 100 penalty units.
An offence against subsection (5) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Defence
In:
a prosecution for an offence against subsection (5) in relation to a breach of a paragraph of an item of the table in subsection (1); or
an action arising out of a breach of a paragraph of an item of the table in subsection (1);
it is a defence if the defendant proves that the defendant took all reasonable steps to comply with that paragraph.
This section has effect subject to certain other provisions etc.
Note: In a prosecution for an offence, the defendant bears a legal burden in relation to the matter in subsection (6)—see Criminal Code.section 13.4 of the
This section has effect subject to:
any other provision of this Act; and
the regulations; and
a direction given by NOPSEMA or the responsible Commonwealth Minister under:
Chapter 3; or
this Chapter; and
any other law.
Scope
This section applies in relation to a petroleum activity carried out in relation to any of the following titles:
a petroleum exploration permit;
a petroleum retention lease;
a petroleum production licence;
an infrastructure licence;
a pipeline licence;
a petroleum special prospecting authority;
a petroleum access authority.
Titleholder duty to maintain financial assurance
The titleholder must, at all times while the title is in force, maintain financial assurance sufficient to give the titleholder the capacity to meet costs, expenses and liabilities arising in connection with, or as a result of:
the carrying out of the petroleum activity; or
the doing of any other thing for the purposes of the petroleum activity; or
(c) complying (or failing to comply) with a requirement under this Act, or a legislative instrument under this Act, in relation to the petroleum activity.
Examples: This subsection covers costs, expenses and liabilities arising in connection with, or as a result of, the following (without limitation):
complying with the titleholder’s duty under section 572C (which relates to the escape of petroleum);
a debt due to the Commonwealth, NOPSEMA, a State or the Northern Territory under section 572D, 572E or 572F (which relate to an escape of petroleum), including a debt due to an agency or authority on behalf of the State or the Northern Territory;
complying with a direction under section 574 or 586 relating to the remediation of damage to the seabed or subsoil arising in connection with a petroleum activity.
The following may be provided for by regulation:
compliance with subsection (2) in relation to a petroleum activity to be demonstrated as a prior condition of acceptance of an environment plan for the activity;
such compliance to be in a form acceptable to NOPSEMA;
a failure to maintain such compliance, in a form acceptable to NOPSEMA, to be grounds for the withdrawal of acceptance of an environment plan for the activity.
Form of financial assurance
The forms of financial assurance for a title that may be maintained for the purposes of this section include (without limitation) any of the following, or any combination of the following:
insurance;
self-insurance;
a bond;
the deposit of an amount as security with a financial institution;
an indemnity or other surety;
a letter of credit from a financial institution;
a mortgage.
In this section:
environment plan for a petroleum activity means an environment plan for the activity under prescribed regulations, or a prescribed provision of regulations, made under this Act.
financial institution has its ordinary meaning, and (to avoid doubt) includes:
(a) an authorised deposit-taking institution within the meaning of the Banking Act 1959; and
a financial institution of a foreign country.
petroleum activity has the meaning given by prescribed regulations, or a prescribed provision of regulations, made under this Act.
self-insurance: for a petroleum activity in relation to a title, the titleholder maintains financial assurance in the form of self-insurance to the extent that the titleholder ensures that financial resources are available at all times while the title is in force to meet costs, expenses and liabilities in relation to the activity arising as mentioned in subsection (2).
titleholder, for a title in relation to which this section applies, means the registered holder of the title.
Greenhouse gas titles
The conditions of:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; or
a greenhouse gas special authority;
may include a condition that the registered holder maintain, as directed by the responsible Commonwealth Minister from time to time, insurance against:
expenses; or
liabilities; or
specified things;
arising in connection with, or as a result of:
the carrying out of work under the permit, lease, licence or authority; or
the doing of any other thing under the permit, lease, licence or authority;
including insurance against expenses of complying with directions relating to the clean-up or other remediation of the effects of the escape of a greenhouse gas substance.
Direction to be in writing
A direction under this section must be in writing.
Titleholder and title area
For the purposes of this section, the table has effect:
Maintenance of property etc.
A titleholder must maintain in good condition and repair all structures that are, and all equipment and other property that is:
in the title area; and
used in connection with the operations authorised by the permit, lease, licence or authority.
Removal of property etc.
A titleholder must remove from the title area all structures that are, and all equipment and other property that is, neither used nor to be used in connection with the operations:
in which the titleholder is or will be engaged; and
that are authorised by the permit, lease, licence or authority.
Offence
A person commits an offence if:
the person is subject to a requirement under subsection (2) or (3); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 100 penalty units.
An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Civil penalty
A person is liable to a civil penalty if the person contravenes a requirement under subsection (2) or (3) in relation to a title area covered by item 1, 2, 3, 4, 5, 6 or 7 of the table in subsection (1).
Civil penalty: 525 penalty units.
Exception
Subsections (2) and (3) do not apply in relation to any structure, equipment or other property that was not brought into the title area by or with the authority of the titleholder.
Section has effect subject to other provisions etc.
This section has effect subject to:
any other provision of this Act; and
the regulations; and
a direction given by NOPSEMA or the responsible Commonwealth Minister under:
Chapter 3; or
this Chapter; and
any other law.
The following is a simplified outline of this Part:
If there is an escape of petroleum in relation to a petroleum activity, the titleholder is required to do the following in any offshore area:
eliminate or control the escape;
clean up the escaped petroleum and remediate any resulting damage to the environment;
carry out environmental monitoring of the impact of the escape on the environment.
If any of the escaped petroleum has migrated to land or waters of a State, the Northern Territory or a designated external Territory, the titleholder is required to do the following on that land or in those waters:
clean up the escaped petroleum and remediate any resulting damage to the environment;
carry out environmental monitoring of the impact of the escape on the environment.
If the titleholder fails to do any of these things, NOPSEMA or the responsible Commonwealth Minister may do them instead. The titleholder must reimburse NOPSEMA or the Commonwealth for the costs and expenses of any such action.
The titleholder must also reimburse a State or the Northern Territory for any reasonable costs or expenses incurred in doing any of the following in land or waters of the State or the Northern Territory:
cleaning up the escaped petroleum;
remediating any resulting damage to the environment;
carrying out environmental monitoring of the impact of the escape on the environment.
For the purposes of this Part, land or waters of a State or the Northern Territory means:
land or waters within the limits of the State or the Northern Territory, as the case may be; or
the coastal waters of the State or the Northern Territory, as the case may be.
For the purposes of this Part, land or waters of a designated external Territory means land or waters within the limits of the designated external Territory.
Nothing in this Part limits the power of NOPSEMA to give a direction under section 576B in relation to an escape of petroleum.
Note: Section 576B allows NOPSEMA to give directions dealing with significant offshore petroleum incidents.
Scope
This section applies in the event of an escape of petroleum occurring as a result of, or in connection with, a petroleum activity in relation to any of the following titles:
a petroleum exploration permit;
a petroleum retention lease;
a petroleum production licence;
an infrastructure licence;
a pipeline licence.
Titleholder’s duty
The registered holder of the title must:
in an offshore area, in accordance with the environment plan for the petroleum activity:
as soon as possible after becoming aware of the escape of petroleum, take all reasonably practicable steps to eliminate or control it; and
clean up the escaped petroleum and remediate any resulting damage to the environment; and
carry out environmental monitoring of the impact of the escape on the environment; and
if any of the escaped petroleum has migrated to land or waters of a State or the Northern Territory—on that land or in those waters, as the case may be, in accordance with the environment plan for the petroleum activity:
clean up the escaped petroleum and remediate any resulting damage to the environment; and
carry out environmental monitoring of the impact of the escape on the environment; and
if any of the escaped petroleum has migrated to land or waters of a designated external Territory—on that land or in those waters, as the case may be, in accordance with the environment plan for the petroleum activity:
clean up the escaped petroleum and remediate any resulting damage to the environment; and
carry out environmental monitoring of the impact of the escape on the environment.
Before doing anything under subsection (2) on or in land or waters of a State or the Northern Territory, NOPSEMA must consult the designated public official of the State or the Northern Territory, as the case may be.
Before doing anything under subsection (2) on or in land or waters of a designated external Territory, NOPSEMA must consult the designated public official of the designated external Territory.
Definitions
In this section:
environment plan for a petroleum activity means an environment plan for the activity under prescribed regulations, or a prescribed provision of regulations, made under this Act.
petroleum activity has the meaning given by prescribed regulations, or a prescribed provision of regulations, made under this Act.
Scope
This section applies if NOPSEMA considers on reasonable grounds that the registered holder of a title has failed to comply with subsection 572C(2) in relation to an escape of petroleum.
Action taken by NOPSEMA
NOPSEMA may do any or all of the things that NOPSEMA considers, on reasonable grounds, the registered holder of the title has failed to do to comply with subsection 572C(2).
Before doing anything under subsection (2) on or in land or waters of a State or the Northern Territory, NOPSEMA must consult the designated public official of the State or the Northern Territory, as the case may be.
Before doing anything under subsection (2) on or in land or waters of a designated external Territory, NOPSEMA must consult the designated public official of the designated external Territory.
Recovery of costs and expenses incurred by NOPSEMA
Costs or expenses incurred by NOPSEMA in doing any thing under subsection (2) are:
a debt due to NOPSEMA by the registered holder of the title; and
recoverable by NOPSEMA in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Scope
This section applies if the responsible Commonwealth Minister considers on reasonable grounds that the registered holder of a title has failed to comply with subsection 572C(2) in relation to an escape of petroleum.
Action taken by responsible Commonwealth Minister
The responsible Commonwealth Minister may do any or all of the things that he or she considers, on reasonable grounds, the registered holder of the title has failed to do to comply with subsection 572C(2).
Before doing anything under subsection (2) on or in land or waters of a State or the Northern Territory, the responsible Commonwealth Minister must consult the designated public official of the State or the Northern Territory, as the case may be.
Before doing anything under subsection (2) on or in land or waters of a designated external Territory, the responsible Commonwealth Minister must consult the designated public official of the designated external Territory.
Recovery of costs and expenses incurred by responsible Commonwealth Minister
Costs or expenses incurred by the responsible Commonwealth Minister in doing any thing under subsection (2) are:
a debt due to the Commonwealth by the registered holder of the title; and
recoverable by the Commonwealth in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Scope
This section applies if:
there is an escape of petroleum, in relation to a title, to which subsection 572C(1) applies; and
(b) a State or the Northern Territory, or an agency or authority acting on behalf of the State or the Northern Territory, as the case may be, incurs reasonable costs or expenses (recoverable costs or expenses) in doing any of the following in the land or waters of the State or the Northern Territory, as the case may be:
cleaning up the escaped petroleum;
remediating any resulting damage to the environment;
carrying out environmental monitoring of the impact of the escape on the environment.
Recovery of costs and expenses incurred by the State or the Northern Territory
The recoverable costs or expenses are:
a debt due to the State or the Northern Territory, as the case may be (or to the agency or authority acting on behalf of the State or the Northern Territory, as the case may be) by the registered holder of the title; and
recoverable in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Other rights of action not affected
This section does not affect any other right of action, or other remedy, that the State or the Northern Territory, as the case may be, an agency or authority acting on behalf of the State or the Northern Territory, as the case may be, or any other person may have against the registered holder of the title in relation to the escape of petroleum.
This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.
This Part relies on the Commonwealth’s legislative powers under paragraphs 51(xxix) (external affairs) and (xxxix) (incidental matters) of the Constitution.
In addition to section 572H, this Part also has effect as provided by this section.
Corporations
This Part also has the effect it would have if a reference to an escape of petroleum were expressly confined to an escape of petroleum occurring as a result of, or in connection with, a petroleum activity in relation to a title the registered holder of which is a constitutional corporation.
Territories
This Part also has the effect it would have if a reference to an escape of petroleum were expressly confined to an escape of petroleum to the extent to which the escaped petroleum has migrated to land or waters within the limits of a Territory.
The following is a simplified outline of this Part:
• NOPSEMA or the responsible Commonwealth Minister may give a direction to a petroleum titleholder. A direction may extend to other persons.
• If there is a significant offshore petroleum incident in a petroleum title area, NOPSEMA may give a specific direction to the titleholder to deal with the escape of petroleum resulting from the incident, whether within or outside the title area.
• If there is a breach of a direction given by the Joint Authority or NOPSEMA under Chapter 2, this Chapter or the regulations, NOPSEMA may do anything required by the direction to be done, and NOPSEMA’s costs may be recovered from the person to whom the direction was given.
• If there is a breach of a direction given by the responsible Commonwealth Minister under this Part, the responsible Commonwealth Minister may do anything required by the direction to be done, and the responsible Commonwealth Minister’s costs may be recovered from the person to whom the direction was given.
• In a prosecution for an offence, or a proceeding for a civil penalty order, relating to a breach of:
a direction given by the Joint Authority or NOPSEMA under Chapter 2, this Chapter or the regulations; or
a direction given by the responsible Commonwealth Minister under this Part;
it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Definition
In this section:
title means:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence; or
a pipeline licence; or
a petroleum special prospecting authority; or
a petroleum access authority.
Direction to registered holder
NOPSEMA may, by written notice given to the registered holder of a title, give the registered holder a direction as to any matter in relation to which regulations may be made.
Note 1: Section 782 is the main provision setting out matters in relation to which regulations may be made.
Note 2: Breach of a direction may attract a criminal or civil penalty: see section 576.
Note 3: A direction under this section has no effect to the extent of any inconsistency with a direction under section 574A: see subsection 574A(12).
Note 4: A direction under this section also has no effect to the extent of any inconsistency with a direction under section 576B (which relates to significant offshore petroleum incidents): see subsection 576C(2).
Extended application of direction
A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to:
a specified class of persons, so long as the class consists of, or is included in, either or both of the following classes:
employees or agents of, or persons acting on behalf of, the registered holder;
persons performing work or services, whether directly or indirectly, for the registered holder; or
any person (other than the registered holder or a person to whom the direction applies in accordance with paragraph (a)) who is:
in the offshore area for any reason touching, concerning, arising out of, or connected with, exploring the seabed or subsoil of the offshore area for petroleum or exploiting the petroleum that occurs as a natural resource of that seabed or subsoil; or
in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the offshore area for a reason of that kind.
If a direction so expressed is given, the direction is taken to apply to each person included in the specified class mentioned in paragraph (3)(a) or to each person who is in the offshore area as mentioned in paragraph (3)(b), as the case may be.
Note: For notification requirements, see section 575.
Additional matters
A direction under this section has effect, and must be complied with, despite:
any previous direction under this section; and
anything in the regulations or the applied provisions.
Note: For applied provisions, see subsection 80(2).
A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
To avoid doubt, subsection (7) applies to an instrument, whether issued or made in Australia or outside Australia.
A direction under this section may prohibit the doing of an act or thing:
unconditionally; or
subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
If:
NOPSEMA gives a direction under this section; and
NOPSEMA considers that the direction may have significant consequences for:
resource management; or
resource security;
NOPSEMA must:
give the responsible Commonwealth Minister a copy of the direction; and
do so as soon as practicable after the direction was given.
Directions
If paragraph (3)(b) applies to a direction under this section, the direction is a legislative instrument.
If paragraph (3)(b) does not apply to a direction under this section, the direction is not a legislative instrument.
Definition
In this section:
title means:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence; or
a pipeline licence; or
a petroleum special prospecting authority; or
a petroleum access authority.
Direction to registered holder
The responsible Commonwealth Minister may, by written notice given to the registered holder of a title, give the registered holder a direction as to any matter in relation to which regulations may be made, so long as that matter is a matter:
that relates to resource management; or
that relates to resource security; or
in relation to which regulations may be made for the purposes of section 698 (which deals with data management).
Note 1: Section 782 is the main provision setting out matters in relation to which regulations may be made.
Note 2: Breach of a direction may attract a criminal or civil penalty: see section 576.
Note 3: For inconsistency between directions under this Division and Division 2A (which relates to significant offshore petroleum incidents), see subsection (12) of this section and subsection 576C(2).
Extended application of direction
A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to:
a specified class of persons, so long as the class consists of, or is included in, either or both of the following classes:
employees or agents of, or persons acting on behalf of, the registered holder;
persons performing work or services, whether directly or indirectly, for the registered holder; or
any person (other than the registered holder or a person to whom the direction applies in accordance with paragraph (a)) who is:
in the offshore area for any reason touching, concerning, arising out of, or connected with, exploring the seabed or subsoil of the offshore area for petroleum or exploiting the petroleum that occurs as a natural resource of that seabed or subsoil; or
in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the offshore area for a reason of that kind.
If a direction so expressed is given, the direction is taken to apply to each person included in the specified class mentioned in paragraph (3)(a) or to each person who is in the offshore area as mentioned in paragraph (3)(b), as the case may be.
Note: For notification requirements, see section 575.
Additional matters
The responsible Commonwealth Minister must not give a direction under this section of a standing or permanent nature except with the approval of the Joint Authority, but the validity of a direction is not affected by a breach of this subsection.
A direction under this section has effect, and must be complied with, despite:
any previous direction under this section; and
(b) anything in the regulations (other than prescribed regulations, or a prescribed provision of regulations, made under this Act); and
the applied provisions.
Note: For applied provisions, see subsection 80(2).
A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
To avoid doubt, subsection (7) applies to an instrument, whether issued or made in Australia or outside Australia.
A direction under this section may prohibit the doing of an act or thing:
unconditionally; or
subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
If a direction under this section makes provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard, the responsible Commonwealth Minister must ensure that the text of the code of practice or standard applied, adopted or incorporated is published on the Department’s website.
Subsection (10) does not apply if the publication would infringe copyright.
Inconsistency
If a direction under section 574 is inconsistent with a direction under this section, the direction under section 574 has no effect to the extent of the inconsistency.
Directions
If paragraph (3)(b) applies to a direction under this section, the direction is a legislative instrument.
If paragraph (3)(b) does not apply to a direction under this section, the direction is not a legislative instrument.
A direction under this Division may require the registered holder of the title in relation to which the direction is given to take an action (or not to take an action) anywhere in an offshore area, whether within or outside the title area of the title.
(2) If a direction under this Division requires the registered holder of a title (the first title) to take an action in, or in relation to, the title area of another title (the related title), NOPSEMA must give a copy of the direction to the registered holder of the related title as soon as practicable after the direction is given to the registered holder of the first title.
Note: A related title may cover greenhouse gas operations (see the definition of title in subsection (3)).
In this section:
title means any title covered by section 572.
title area of a title has the meaning given by section 572 in relation to the title.
Note: Section 572 sets out the title area for certain petroleum titles and greenhouse gas titles.
Notification
If a direction under section 574 applies to:
a registered holder; and
a person referred to in paragraph 574(3)(a);
the registered holder must cause a copy of the notice by which the direction was given to be:
given to that other person; or
displayed at a prominent position at a place in the offshore area frequented by that other person.
If a direction under section 574 applies to:
a registered holder; and
a person referred to in paragraph 574(3)(b);
the registered holder must cause a copy of the notice by which the direction was given to be displayed at a prominent position at a place in the offshore area.
If a direction under section 574 applies to:
a registered holder; and
a person referred to in paragraph 574(3)(b);
NOPSEMA may, by written notice given to the registered holder, require the registered holder to cause to be displayed:
at such places in the offshore area; and
in such manner;
as are specified in the notice, copies of the notice by which the direction was given.
Notification
If a direction under section 574A applies to:
a registered holder; and
a person referred to in paragraph 574A(3)(a);
the registered holder must cause a copy of the notice by which the direction was given to be:
given to that other person; or
displayed at a prominent position at a place in the offshore area frequented by that other person.
If a direction under section 574A applies to:
a registered holder; and
a person referred to in paragraph 574A(3)(b);
the registered holder must cause a copy of the notice by which the direction was given to be displayed at a prominent position at a place in the offshore area.
If a direction under section 574A applies to:
a registered holder; and
a person referred to in paragraph 574A(3)(b);
the responsible Commonwealth Minister may, by written notice given to the registered holder, require the registered holder to cause to be displayed:
at such places in the offshore area; and
in such manner;
as are specified in the notice, copies of the notice by which the direction was given.
Offence
A person commits an offence of strict liability if:
the person is subject to a requirement under subsection (1), (2), (3), (3A), (3B) or (3C); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 50 penalty units.
Note: For strict liability, see Criminal Code.section 6.1 of the
Civil penalty
A person is liable to a civil penalty if the person contravenes a requirement under subsection (1), (2), (3), (3A), (3B) or (3C).
Civil penalty: 135 penalty units.
Continuing offences
A person who commits an offence against subsection (4) commits a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the offence continues.
The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Continuing contraventions of civil penalty provisions
A person who contravenes subsection (6) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues.
The maximum civil penalty for each day that a contravention of subsection (6) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Basic rule
A person contravenes this subsection if:
the person is subject to a direction under section 574 or 574A; and
the person engages in conduct; and
the person’s conduct breaches the direction.
Note 1: NOPSEMA may do anything required to be done under a direction under section 574 in the event of a breach of the direction (see section 577).
Note 2: The responsible Commonwealth Minister may do anything required to be done under a direction under section 574A in the event of a breach of the direction (see section 577A).
Note 3: It is a defence in a proceeding for an offence or civil penalty order under this section if the person subject to the direction proves that the person took all reasonable steps to comply with the direction (see section 578).
Fault-based offence
A person commits an offence if the person contravenes subsection (1).
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
(3) For the purposes of applying Chapter 2 of the Criminal Code to the offence in subsection (2), the physical elements of the offence are set out in subsection (1).
Note: Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.
Strict liability offence
A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.
Note: For strict liability, see Criminal Code.section 6.1 of the
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 525 penalty units.
Defences—breach of direction by person other than a registered holder
Subsection (7) applies in relation to a breach of a direction if:
both of the following persons are subject to the direction:
a registered holder;
another person; and
the other person is prosecuted for an offence against subsection (2) or (4), or a civil penalty is sought for the purposes of subsection (5), in relation to the other person’s breach of the direction; and
the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction.
Unless it is proved that the other person knew, or could reasonably be expected to have known, of the existence of the direction:
if the other person is prosecuted for an offence—the other person is not to be convicted of the offence; or
if a civil penalty order is sought against the other person—the order is not to be made against the other person.
Continuing offences
A person who commits an offence against subsection (2) or (4) commits a separate offence in respect of each day (including a day of a conviction under that subsection or any later day) during which the offence against that subsection continues.
The maximum penalty for each day that the offence continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Continuing contraventions of civil penalty provisions
A person who contravenes subsection (5) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues.
The maximum civil penalty for each day that a contravention of subsection (5) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Significant offshore petroleum incidents
(1) In this Division, a significant offshore petroleum incident is a significant incident or occurrence that relates to any or all of the following operations in an offshore area:
petroleum exploration operations;
petroleum recovery operations;
operations relating to the processing or storage of petroleum;
operations relating to the preparation of petroleum for transport;
operations connected with the construction or operation of a pipeline;
operations relating to the decommissioning or removal of structures, equipment or other items of property that have been brought into an offshore area for or in connection with any of the operations mentioned in paragraph (a), (b), (c), (d) or (e).
Note: For inquiries into significant offshore petroleum and greenhouse gas incidents, see Part 9.10A.
Paragraph (1)(f) does not, by implication, limit paragraph (1)(a), (b), (c), (d) or (e).
Titles and title areas
In this Division, the table has effect:
Power to give direction
If a significant offshore petroleum incident has occurred in a title area that has caused, or that might cause, an escape of petroleum, NOPSEMA may, in accordance with this section, give a direction by written notice to the registered holder of the title.
Note 1: See also section 576C, which provides for matters related to directions made under this section.
Note 2: Breach of a direction under this section may attract a criminal or civil penalty: see section 576D.
The direction may require the registered holder of the title to do any (or all) of the following within a reasonable period stated in the direction:
to take any action stated in the direction for the purpose of any (or all) of the following:
preventing the escape of petroleum;
eliminating the escape of petroleum;
mitigating the effects of the escape of petroleum;
managing the effects of the escape of petroleum;
remediating the effects of the escape of petroleum;
to take any other action stated in the direction in relation to the escape of petroleum and its effects;
not to take an action stated in the direction in relation to the escape of petroleum and its effects.
The direction may require the registered holder of the title to take an action (or not to take an action) mentioned in any (or all) of paragraphs (2)(a), (b) and (c) in relation to the possible escape of petroleum, or the possible effects of an escape of petroleum.
For the purposes of subsection (2) or (3), the direction may prohibit the doing of an action:
unconditionally; or
subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
Action directed inside or outside of title area
If there is no declared oil pollution emergency that relates to the title, the direction may require the registered holder of the title to take an action (or not to take an action) mentioned in subsection (2) or (3) (or both) anywhere in an offshore area, whether within or outside the title area.
If there is a declared oil pollution emergency that relates to the title:
the direction may require the registered holder of the title to take an action (or not to take an action) mentioned in subsection (2) or (3) (or both) anywhere in an offshore area, whether within or outside the title area; and
(b) the direction may require the registered holder of the title to take an action (or not to take an action) mentioned in subsection (2) or (3) (or both) anywhere on or in land or waters of a State or the Northern Territory, so long as NOPSEMA consulted the designated public official of the State or the Northern Territory, as the case may be, about the requirement before giving the direction; and
(c) the direction may require the registered holder of the title to take an action (or not to take an action) mentioned in subsection (2) or (3) (or both) anywhere on or in land or waters of a designated external Territory, so long as NOPSEMA consulted the designated public official of the designated external Territory about the requirement before giving the direction.
(6A) If the direction requires the registered holder of the title (the first registered holder) to take an action in, or in relation to, the title area of a title held by another registered holder, NOPSEMA must:
give a copy of the direction to the other registered holder; and
do so as soon as practicable after the direction is given to the first registered holder.
If the direction requires the registered holder of the title to take an action in, or in relation to, the area of:
a State/Territory petroleum exploration title held by another person; or
a State/Territory petroleum production title held by another person; or
a State/Territory petroleum retention title held by another person; or
a State/Territory petroleum infrastructure title held by another person; or
a State/Territory petroleum pipeline title held by another person;
NOPSEMA must:
give a copy of the direction to the other person; and
do so as soon as practicable after the direction is given to the registered holder.
When a declared oil pollution emergency relates to a title
For the purposes of this section, a declared oil pollution emergency relates to a title if it is attributable to one or more petroleum activities of the registered holder of the title.
Definitions
In this section:
area of a State/Territory petroleum pipeline title means the part of the relevant waters of a State or the Northern Territory in which the relevant pipeline is constructed.
declared oil pollution emergency has the same meaning as in Schedule 2A.
land or waters of a State or the Northern Territory means:
land or waters within the limits of the State or the Northern Territory, as the case may be; or
the coastal waters of the State or the Northern Territory, as the case may be.
petroleum activity has the same meaning as in Schedule 2A.
relevant waters of a State or the Northern Territory means:
waters within the limits of the State or the Northern Territory, as the case may be; or
the coastal waters of the State or the Northern Territory, as the case may be.
State/Territory petroleum infrastructure title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, rights that correspond to the rights that an infrastructure licence confers in relation to the offshore area of the State or the Principal Northern Territory offshore area, as the case requires.
State/Territory petroleum pipeline title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, rights that correspond to the rights that a pipeline licence confers in relation to the offshore area of the State or the Principal Northern Territory offshore area, as the case requires.
Relationship with other directions and certain laws
A direction under section 576B has effect, and must be complied with, despite:
any previous direction under section 576B; and
any other direction under this Part (see sections 574 and 574A); and
anything in the regulations; and
the applied provisions.
Note 1: Under section 574, NOPSEMA may give a direction to a petroleum titleholder. Under section 574A, a direction may be given by the responsible Commonwealth Minister.
Note 2: For applied provisions, see subsection 80(2).
Note 3: A direction under section 576B also overrides the obligations of the registered holder of the title under sections 569 (work practices) and 572 (structures, equipment and property): see subsections 569(8) and 572(7).
If a direction under section 574 or 574A is inconsistent with a direction under section 576B, the direction under section 574 or 574A has no effect to the extent of the inconsistency.
If the oil pollution emergency provisions of an environment plan are inconsistent with a direction under section 576B, the environment plan has no effect to the extent of the inconsistency.
Former registered holders of titles
A person to whom a direction has been given under section 576B remains subject to the direction even if the person stops being the registered holder of the title.
Codes of practice and standards
A direction under section 576B may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, to the extent that the code of practice or standard is relevant to that matter.
To avoid doubt, subsection (4) applies to an instrument, whether issued or made in Australia or outside Australia.
If a direction under section 576B makes provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard, NOPSEMA must ensure that the text of the code of practice or standard applied, adopted or incorporated is published on NOPSEMA’s website.
Subsection (6) does not apply if the publication would infringe copyright.
Directions are not legislative instruments
A direction made under section 576B is not a legislative instrument.
Definitions
In this section:
environment plan means an environment plan under prescribed regulations, or a prescribed provision of regulations, made under this Act.
oil pollution emergency provisions of an environment plan has the same meaning as in Schedule 2A.
Basic rule
A person contravenes this subsection if:
the person is subject to a direction under section 576B; and
the person engages in conduct; and
the person’s conduct breaches the direction.
Note 1: NOPSEMA may do anything required to be done under a direction in the event of a breach of the direction (see section 577).
Note 2: It is a defence in a proceeding for an offence or civil penalty order under this section if the person subject to the direction proves that the person took all reasonable steps to comply with the direction (see section 578).
Fault-based offence
A person commits an offence if the person contravenes subsection (1).
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
(3) For the purposes of applying Chapter 2 of the Criminal Code to the offence in subsection (2), the physical elements of the offence are set out in subsection (1).
Note: Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.
Strict liability offence
A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.
Note: For strict liability, see Criminal Code.section 6.1 of the
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 2,250 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
The maximum penalty for each day that an offence under subsection (2) or (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsections (2) and (4) are continuing offences under Crimes Act 1914.section 4K of the
The maximum civil penalty for each day that a contravention of subsection (5) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (5) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
This Division is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Division.
This Division relies on the Commonwealth’s legislative powers under paragraphs 51(xxix) (external affairs) and (xxxix) (incidental matters) of the Constitution.
In addition to section 576F, this Division also has effect as provided by this section.
Corporations
This Division also has the effect it would have if a reference to a significant offshore petroleum incident were expressly confined to a significant offshore petroleum incident that has occurred in a title area, where the registered holder of the title is a constitutional corporation.
Territories
This Division also has the effect it would have if a reference to a significant offshore petroleum incident were expressly confined to a significant offshore petroleum incident that has caused, or that might cause, an escape of petroleum, where the escaped petroleum migrates, or is likely to migrate, to land or waters within the limits of a Territory.
Action by NOPSEMA
If:
a person is subject to a direction given by the Joint Authority, the Titles Administrator or NOPSEMA under:
Chapter 2; or
this Chapter (other than Part 6.3, section 587 or Division 2 of Part 6.4); or
Part 7.1; or
the regulations; and
the person engages in conduct; and
the person’s conduct breaches the direction;
NOPSEMA may do any or all of the things required by the direction to be done.
Recovery of costs and expenses incurred by NOPSEMA
Note: See sections 582A, 588, 589, 595A and 596A for action that may be taken if a direction is given under Part 6.3, section 587 or Division 2 of Part 6.4.
Costs or expenses incurred by NOPSEMA under subsection (1) in relation to a direction are:
a debt due to NOPSEMA by the person subject to the direction; and
recoverable in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Exception—direction that has an extended application
If:
a direction under section 574 applies to:
a registered holder; and
another person; and
an action under subsection (3) relating to the direction is brought against the other person; and
the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction;
the other person is not liable under subsection (3) unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.
Defence
In an action under subsection (3), it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Action by responsible Commonwealth Minister
If:
a person is subject to a direction given by the responsible Commonwealth Minister under this Part or section 586A; and
the person engages in conduct; and
the person’s conduct breaches the direction;
the responsible Commonwealth Minister may do any or all of the things required by the direction to be done.
Recovery of costs and expenses incurred by the responsible Commonwealth Minister
Costs or expenses incurred by the responsible Commonwealth Minister under subsection (1) in relation to a direction are:
a debt due to the Commonwealth by the person subject to the direction; and
recoverable in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Exception—direction that has an extended application
If:
a direction under section 574A applies to:
a registered holder; and
another person; and
an action under subsection (2) relating to the direction is brought against the other person; and
the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction;
the other person is not liable under subsection (2) unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.
Defence
In an action under subsection (2), it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
It is a defence in a prosecution for an offence, or in proceedings for a civil penalty order, for a breach of a direction covered by subsection (2) if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Note: The defendant bears a legal burden in relation to a prosecution for an offence: see Criminal Code. The same applies in proceedings for a civil penalty.section 13.4 of the
This subsection covers the following directions:
a direction given by the Joint Authority, the Titles Administrator or NOPSEMA under:
Chapter 2; or
this Chapter (other than Part 6.3 or Division 2 of Part 6.4); or
Part 7.1; or
a regulation; or
a direction given by the responsible Commonwealth Minister under this Part or Division 1 of Part 6.4.
• NOPSEMA or the responsible Commonwealth Minister may give a direction to a greenhouse gas titleholder. A direction may extend to other persons.
• If there is a breach of a direction given by NOPSEMA or the responsible Commonwealth Minister under Chapter 3, this Chapter or the regulations, NOPSEMA or the responsible Commonwealth Minister may do anything required by the direction to be done, and NOPSEMA’s costs or the responsible Commonwealth Minister’s costs may be recovered from the person to whom the direction was given.
• In a prosecution for an offence relating to a breach of a direction given by NOPSEMA or the responsible Commonwealth Minister under Chapter 3, this Chapter or the regulations, it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Definitions
In this section:
greenhouse gas matter means:
exploring for a potential greenhouse gas storage formation; or
exploring for a potential greenhouse gas injection site; or
the injection of a greenhouse gas substance into the seabed or subsoil of an offshore area; or
the storage of a greenhouse gas substance in the seabed or subsoil of an offshore area.
title means:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; or
a greenhouse gas special authority.
Direction to registered holder
NOPSEMA may, by written notice given to the registered holder of a title, give the registered holder a direction as to any matter in relation to which regulations may be made.
Note 1: Section 782 is the main provision setting out matters in relation to which regulations may be made.
Note 2: For enforcement, see section 582.
Extended application of direction
A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to:
a specified class of persons, so long as the class consists of, or is included in, either or both of the following classes:
employees or agents of, or persons acting on behalf of, the registered holder;
persons performing work or services, whether directly or indirectly, for the registered holder; or
any person (other than the registered holder or a person to whom the direction applies in accordance with paragraph (a)) who is:
in an offshore area for any reason touching, concerning, arising out of, or connected with, a greenhouse gas matter; or
in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the offshore area for a reason of that kind.
If a direction so expressed is given, the direction is taken to apply to each person included in the specified class mentioned in paragraph (3)(a) or to each person who is in the offshore area as mentioned in paragraph (3)(b), as the case may be.
Note: For notification requirements, see section 581.
Additional matters
A direction under this section has effect, and must be complied with, despite:
any previous direction under this section; and
anything in the regulations or the applied provisions.
Note: For applied provisions, see subsection 80(2).
A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
To avoid doubt, subsection (6) applies to an instrument, whether issued or made in Australia or outside Australia.
A direction under this section may prohibit the doing of an act or thing:
unconditionally; or
subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
If NOPSEMA gives a direction under this section, NOPSEMA must:
give the responsible Commonwealth Minister a copy of the direction; and
do so as soon as practicable after the direction was given.
Directions
If paragraph (3)(b) applies to a direction under this section, the direction is a legislative instrument.
If paragraph (3)(b) does not apply to a direction under this section, the direction is not a legislative instrument.
Definitions
In this section:
greenhouse gas matter means:
exploring for a potential greenhouse gas storage formation; or
exploring for a potential greenhouse gas injection site; or
the injection of a greenhouse gas substance into the seabed or subsoil of an offshore area; or
the storage of a greenhouse gas substance in the seabed or subsoil of an offshore area.
title means:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; or
a greenhouse gas special authority.
Direction to registered holder
The responsible Commonwealth Minister may, by written notice given to the registered holder of a title, give the registered holder a direction as to any matter in relation to which regulations may be made.
Note 1: Section 782 is the main provision setting out matters in relation to which regulations may be made.
Note 2: For enforcement, see section 582.
Extended application of direction
A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to:
a specified class of persons, so long as the class consists of, or is included in, either or both of the following classes:
employees or agents of, or persons acting on behalf of, the registered holder;
persons performing work or services, whether directly or indirectly, for the registered holder; or
any person (other than the registered holder or a person to whom the direction applies in accordance with paragraph (a)) who is:
in an offshore area for any reason touching, concerning, arising out of, or connected with, a greenhouse gas matter; or
in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the offshore area for a reason of that kind.
If a direction so expressed is given, the direction is taken to apply to each person included in the specified class mentioned in paragraph (3)(a) or to each person who is in the offshore area as mentioned in paragraph (3)(b), as the case may be.
Note: For notification requirements, see section 581.
Additional matters
A direction under this section has effect, and must be complied with, despite:
any previous direction under this section; and
anything in the regulations (other than prescribed regulations, or a prescribed provision of regulations, made under this Act) or the applied provisions.
Note: For applied provisions, see subsection 80(2).
A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
To avoid doubt, subsection (6) applies to an instrument, whether issued or made in Australia or outside Australia.
A direction under this section may prohibit the doing of an act or thing:
unconditionally; or
subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
Inconsistency
If a direction under this section is inconsistent with a direction under section 579A, the direction under this section has no effect to the extent of the inconsistency.
Directions
If paragraph (3)(b) applies to a direction under this section, the direction is a legislative instrument.
If paragraph (3)(b) does not apply to a direction under this section, the direction is not a legislative instrument.
A direction under this Division may require the registered holder of the title in relation to which the direction is given to take an action (or not to take an action) anywhere in an offshore area, whether within or outside the title area of the title.
(2) If a direction under first title) to take an action in, or in relation to, the title area of another title (the related title), NOPSEMA must give a copy of the direction to the registered holder of the related title as soon as practicable after the direction is given to the registered holder of the first title.section 579A requires the registered holder of a title (the
(3) If a direction under first title) to take an action in, or in relation to, the title area of another title (the related title), the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the related title as soon as practicable after the direction is given to the registered holder of the first title.section 580 requires the registered holder of a title (the
In this section:
title means any title covered by section 572.
title area of a title has the meaning given by section 572 in relation to the title.
Note: Section 572 sets out the title area for certain petroleum titles and greenhouse gas titles.
Notification—direction under section 579A
If a direction under section 579A applies to:
a registered holder; and
a person referred to in paragraph 579A(3)(a);
the registered holder must cause a copy of the notice by which the direction was given to be:
given to that other person; or
displayed at a prominent position at a place in the offshore area frequented by that other person.
If a direction under section 579A applies to:
a registered holder; and
a person referred to in paragraph 579A(3)(b);
the registered holder must cause a copy of the notice by which the direction was given to be displayed at a prominent position at a place in the offshore area.
If a direction under section 579A applies to:
a registered holder; and
a person referred to in paragraph 579A(3)(b);
NOPSEMA may, by written notice given to the registered holder, require the registered holder to cause to be displayed:
at such places in the offshore area; and
in such manner;
as are specified in the notice, copies of the notice by which the direction was given.
Notification—direction under section 580
If a direction under section 580 applies to:
a registered holder; and
a person referred to in paragraph 580(3)(a);
the registered holder must cause a copy of the notice by which the direction was given to be:
given to that other person; or
displayed at a prominent position at a place in the offshore area frequented by that other person.
If a direction under section 580 applies to:
a registered holder; and
a person referred to in paragraph 580(3)(b);
the registered holder must cause a copy of the notice by which the direction was given to be displayed at a prominent position at a place in the offshore area.
If a direction under section 580 applies to:
a registered holder; and
a person referred to in paragraph 580(3)(b);
the responsible Commonwealth Minister may, by written notice given to the registered holder, require the registered holder to cause to be displayed:
at such places in the offshore area; and
in such manner;
as are specified in the notice, copies of the notice by which the direction was given.
Offence
A person commits an offence if:
the person is subject to a requirement under subsection (1A), (1B), (1C), (1), (2) or (3); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 50 penalty units.
An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Offence
A person commits an offence if:
the person is subject to a direction under section 579A or 580; and
the person engages in conduct; and
the person’s conduct breaches the direction.
Penalty: 100 penalty units.
An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Defence
If:
a direction under section 579A or 580 applies to:
a registered holder; and
another person; and
the other person is prosecuted for an offence against subsection (1) in relation to a breach of the direction; and
the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction;
the other person is not to be convicted of the offence unless the prosecution proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.
Action by NOPSEMA
If:
a person is subject to a direction given by NOPSEMA under:
this Chapter (other than Part 6.2, Division 1 of Part 6.4 or section 594A); or
the regulations; and
the person engages in conduct; and
the person’s conduct breaches the direction;
NOPSEMA may do any or all of the things required by the direction to be done.
Recovery of costs and expenses incurred by NOPSEMA
Note: See sections 577, 588, 589, 595A and 596A for action that may be taken if a direction is given under Part 6.2, Division 1 of Part 6.4 or section 594A.
Costs or expenses incurred by NOPSEMA under subsection (1) in relation to a direction are:
a debt due to NOPSEMA by the person subject to the direction; and
recoverable in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Exception—direction that has an extended application
If:
a direction under section 579A applies to:
a registered holder; and
another person; and
an action under subsection (2) relating to the direction is brought against the other person; and
the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction;
the other person is not liable under subsection (2) unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.
Defence
In an action under subsection (2), it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Action by responsible Commonwealth Minister
If:
a person is subject to a direction given by the responsible Commonwealth Minister under:
Chapter 3; or
this Chapter (other than Part 6.2, Division 1 of Part 6.4 or section 593 or 595 ); or
the regulations; and
the person engages in conduct; and
the person’s conduct breaches the direction;
the responsible Commonwealth Minister may do any or all of the things required by the direction to be done.
Recovery of costs and expenses incurred by the responsible Commonwealth Minister
Note: See sections 577A, 590A, 596 and 597 for action that may be taken if a direction is given under Part 6.2, Division 1 of Part 6.4 or section 593 or 595.
Costs or expenses incurred by the responsible Commonwealth Minister under subsection (1) in relation to a direction are:
a debt due to the Commonwealth by the person subject to the direction; and
recoverable in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Exception—direction that has an extended application
If:
a direction under section 580 applies to:
a registered holder; and
another person; and
an action under subsection (2) relating to the direction is brought against the other person; and
the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction;
the other person is not liable under subsection (2) unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.
Defence
In an action under subsection (2), it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
In a prosecution for an offence in relation to a breach of a direction given by the responsible Commonwealth Minister, NOPSEMA or the Titles Administrator under:
Chapter 3; or
this Chapter (other than Part 6.2 or Division 1 of Part 6.4); or
Part 8.1; or
the regulations;
it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Note: The defendant bears a legal burden in relation to the matter in this section—see Criminal Code.section 13.4 of the
The following is a simplified outline of this Division:
• NOPSEMA may give remedial directions to petroleum titleholders, former petroleum titleholders or certain other persons about the following matters:
the removal of property;
the plugging or closing off of wells;
the conservation and protection of natural resources;
the making good of damage to the seabed or subsoil.
• The responsible Commonwealth Minister may give remedial directions to petroleum titleholders, former petroleum titleholders or certain other persons about the following matters:
the plugging or closing off of wells;
the conservation and protection of natural resources;
the making good of damage to the seabed or subsoil.
• If there is a breach of a remedial direction, NOPSEMA or the responsible Commonwealth Minister may do anything required by the direction to be done.
• If property has not been removed in accordance with a remedial direction, NOPSEMA may direct the owner to remove or dispose of the property.
The power to give a direction under a provision of this Division to a person in relation to a matter does not limit the power of NOPSEMA or the responsible Commonwealth Minister to give a direction to the person in relation to the same (or a different) matter under:
another provision of this Division; or
a provision of Part 6.2 (which deals with petroleum directions).
Scope
This section applies to:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence; or
a pipeline licence.
Direction
NOPSEMA may, by written notice given to a person referred to in subsection (2A), direct the person to do any or all of the following things within the period specified in the notice:
to:
remove, or cause to be removed, from the title area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or
make arrangements that are satisfactory to NOPSEMA in relation to that property;
to plug or close off, to the satisfaction of NOPSEMA, all wells made in the title area by any person engaged or concerned in those operations;
to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the title area;
to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations.
Note 1: For title area, see subsection (6).
Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
Note 3: A direction under this section has no effect to the extent of any inconsistency with a direction under section 586A: see subsection 586A(9).
Note 4: Breach of a direction may attract a criminal or civil penalty: see section 587B.
The persons are:
the registered holder of the permit, lease or licence; or
a related body corporate of the registered holder of the permit, lease or licence; or
any former registered holder of the permit, lease or licence; or
a person who was a related body corporate of any former registered holder of the permit, lease or licence at the time the permit, lease or licence was in force; or
a person to whom a determination under subsection (2B) applies.
The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the permit, lease or licence;
whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
whether the person acts or acted jointly with the registered holder, or a former holder, of the permit, lease or licence in relation to the operations authorised by the permit, lease or licence.
A determination under subsection (2B) is not a legislative instrument.
If a direction is given under subsection (2) to a person referred to in paragraph (2A)(b), (c), (d) or (e), NOPSEMA must give a copy of the direction to the registered holder of the permit, lease or licence as soon as practicable after the direction is given.
The period specified in the notice must be reasonable.
Before giving the direction NOPSEMA may consult the Titles Administrator.
In attaining a state of satisfaction for the purposes of paragraph (2)(b), NOPSEMA:
in the case of a declared petroleum exploration permit, declared petroleum retention lease or declared petroleum production licence—must have regard; or
otherwise—may have regard;
to the principle that plugging or closing off wells should be carried out in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
Paragraph (2)(c) has effect subject to:
Chapter 2; and
this Chapter; and
the regulations.
Title area
For the purposes of this section, the table has effect:
Scope
This section applies to:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence; or
a pipeline licence.
Direction
The responsible Commonwealth Minister may, by written notice given to a person referred to in subsection (2A), direct the person to do any or all of the following things within the period specified in the notice:
to plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the title area by any person engaged or concerned in the operations authorised by the permit, lease or licence;
to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the title area;
to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations;
so long as the direction is given for a purpose that relates to:
resource management; or
resource security.
Note 1: For title area, see subsection (7).
Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
Note 3: Breach of a direction may attract a criminal or civil penalty: see section 587B.
The persons are:
the registered holder of the permit, lease or licence; or
a related body corporate of the registered holder of the permit, lease or licence; or
any former registered holder of the permit, lease or licence; or
a person who was a related body corporate of any former registered holder of the permit, lease or licence at the time the permit, lease or licence was in force; or
a person to whom a determination under subsection (2B) applies.
The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the permit, lease or licence;
whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
whether the person acts or acted jointly with the registered holder, or a former holder, of the permit, lease or licence in relation to the operations authorised by the permit, lease or licence.
A determination under subsection (2B) is not a legislative instrument.
If a direction is given under subsection (2) to a person referred to in paragraph (2A)(b), (c), (d) or (e), the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease or licence as soon as practicable after the direction is given.
The period specified in the notice must be reasonable.
Before giving the direction the responsible Commonwealth Minister may consult the Titles Administrator.
In attaining a state of satisfaction for the purposes of paragraph (2)(a), the responsible Commonwealth Minister:
in the case of a declared petroleum exploration permit, declared petroleum retention lease or declared petroleum production licence—must have regard; or
otherwise—may have regard;
to the principle that plugging or closing off wells should be carried out in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
Paragraph (2)(b) has effect subject to:
Chapter 2; and
this Chapter; and
the regulations.
Title area
For the purposes of this section, the table has effect:
Inconsistency
If a direction under section 586 is inconsistent with a direction under this section, the direction under section 586 has no effect to the extent of the inconsistency.
Scope
(1) This section applies if any of the following permits, leases, licences or authorities (each of which is a title) cease to be in force, in whole or in part:
a petroleum exploration permit;
a petroleum retention lease;
a petroleum production licence;
an infrastructure licence;
a pipeline licence;
a petroleum special prospecting authority;
a petroleum access authority.
Direction
NOPSEMA may, by written notice given to a person referred to in subsection (2A), direct the person to do one or more of the following things within the period specified in the notice:
(a) to remove, or cause to be removed, from the vacated area all property (the relevant property) brought into that area by any person engaged or concerned in the operations authorised by the title;
to make arrangements that are satisfactory to NOPSEMA in relation to the relevant property;
to plug or close off, to the satisfaction of NOPSEMA, all wells made in the vacated area by any person engaged or concerned in the operations authorised by the title;
to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the vacated area;
to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in the operations authorised by the title.
Note 1: A direction under this section has no effect to the extent of any inconsistency with a direction under section 587A: see subsection 587A(8).
Note 2: Breach of a direction may attract a criminal or civil penalty: see section 587B.
The persons are:
if the title ceased to be in force in part:
the registered holder of the title; or
a related body corporate of the registered holder of the title; or
if the title ceased to be in force in whole or in part:
any former registered holder of the title; or
a person who was a related body corporate of any former registered holder of the title at the time the title was in force; or
a person to whom a determination under subsection (2B) applies.
The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the title;
whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
whether the person acts or acted jointly with the registered holder, or a former holder, of the title in relation to the operations authorised by the title.
A determination under subsection (2B) is not a legislative instrument.
If:
a direction is given under subsection (2) to a person referred to in subparagraph (2A)(a)(ii) or (b)(i), (ii) or (iii); and
the direction requires the person to take an action in, or in relation to, the title area (within the meaning of section 572) of a title that is in force;
NOPSEMA must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given.
The period specified in the notice must be reasonable.
In attaining a state of satisfaction for the purposes of paragraph (2)(c), NOPSEMA:
in the case of a declared petroleum exploration permit, declared petroleum retention lease or declared petroleum production licence—must have regard; or
otherwise—may have regard;
to the principle that plugging or closing off wells should be carried out in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
Paragraph (2)(d) has effect subject to:
Chapter 2; and
this Chapter; and
the regulations.
Scope
(1) This section applies if any of the following permits, leases, licences or authorities (each of which is a title) cease to be in force, in whole or in part:
a petroleum exploration permit;
a petroleum retention lease;
a petroleum production licence;
an infrastructure licence;
a pipeline licence;
a petroleum special prospecting authority;
a petroleum access authority.
Direction
The responsible Commonwealth Minister may, by written notice given to a person referred to in subsection (2A), direct the person to do one or more of the following things within the period specified in the notice:
to plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the vacated area by any person engaged or concerned in the operations authorised by the title;
to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the vacated area;
to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in the operations authorised by the title;
so long as the direction is given for the purposes of:
resource management; or
resource security.
Note: Breach of a direction may attract a criminal or civil penalty: see section 587B.
The persons are:
if the title ceased to be in force in part:
the registered holder of the title; or
a related body corporate of the registered holder of the title; or
if the title ceased to be in force in whole or in part:
any former registered holder of the title; or
a person who was a related body corporate of any former registered holder of the title at the time the title was in force; or
a person to whom a determination under subsection (2B) applies.
The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the title;
whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
whether the person acts or acted jointly with the registered holder, or a former holder, of the title in relation to the operations authorised by the title.
A determination under subsection (2B) is not a legislative instrument.
If:
a direction is given under subsection (2) to a person referred to in subparagraph (2A)(a)(ii) or (b)(i), (ii) or (iii); and
the direction requires the person to take an action in, or in relation to, the title area (within the meaning of section 572) of a title that is in force;
the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given.
The period specified in the notice must be reasonable.
In attaining a state of satisfaction for the purposes of paragraph (2)(a), the responsible Commonwealth Minister:
in the case of a declared petroleum exploration permit, declared petroleum retention lease or declared petroleum production licence—must have regard; or
otherwise—may have regard;
to the principle that plugging or closing off wells should be carried out in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
Paragraph (2)(b) has effect subject to:
Chapter 2; and
this Chapter; and
the regulations.
Inconsistency
If a direction under section 587 is inconsistent with a direction under this section, the direction under section 587 has no effect to the extent of the inconsistency.
Basic rule
A person contravenes this subsection if:
the person is subject to a remedial direction; and
the person engages in conduct; and
(c) the person’s conduct breaches the direction.
Fault-based offence
A person commits an offence if the person contravenes subsection (1).
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
(3) For the purposes of applying Chapter 2 of the Criminal Code to the offence in subsection (2), the physical elements of the offence are set out in subsection (1).
Note: Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.
Strict liability offence
A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.
Note: For strict liability, see Criminal Code.section 6.1 of the
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 525 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
The maximum penalty for each day that an offence under subsection (2) or (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsections (2) and (4) are continuing offences under Crimes Act 1914.section 4K of the
The maximum civil penalty for each day that a contravention of subsection (5) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (5) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Remedial directions
In this section:
remedial direction means a direction under any of the following provisions:
section 586 (directions in relation to current titles—NOPSEMA direction);
section 586A (directions in relation to current titles—responsible Commonwealth Minister direction);
section 587 (directions in relation to titles that have ceased to be in force in whole or part—NOPSEMA direction);
section 587A (directions in relation to titles that have ceased to be in force in whole or part—responsible Commonwealth Minister direction).
Note 1: NOPSEMA may do anything required to be done under a direction under section 587 in the event of a breach of the direction (see section 588).
Note 2: The responsible Commonwealth Minister may do anything required to be done under a direction under section 587A in the event of a breach of the direction (see section 590A).
Scope
This section applies if a direction is given under section 587.
NOPSEMA may take action
If:
a direction under section 587 has been breached in relation to the vacated area; or
an arrangement under section 587 has not been carried out in relation to the vacated area;
NOPSEMA may do any or all of the things required by the direction or arrangement to be done.
Direction to remove property
If any property brought into the vacated area by any person engaged or concerned in the operations authorised by the permit, lease, licence or authority has not been removed in accordance with:
a direction under section 587 in relation to the vacated area; or
an arrangement under section 587 in relation to the vacated area;
NOPSEMA may, by written notice published in the Gazette, direct the owner or owners of that property to:
remove the property from the vacated area; or
dispose of the property to the satisfaction of NOPSEMA;
within the period specified in the notice.
Note: For sanctions, see section 589.
The period specified in the notice must be reasonable.
If a direction is given under subsection (3) in relation to property, NOPSEMA must give a copy of the notice to each person whom NOPSEMA believes to be an owner of the property or of any part of the property.
Power to remove, dispose of or sell property
If a direction under subsection 588(3) has been breached in relation to property, NOPSEMA may do any or all of the following things:
remove, in such manner as NOPSEMA thinks fit, any or all of that property from the vacated area concerned;
dispose of, in such manner as NOPSEMA thinks fit, any or all of that property;
if, under subsection 588(5), a person was given a copy of the notice of the direction—sell, by public auction or otherwise, as NOPSEMA thinks fit, any or all of that property that belongs, or that NOPSEMA believes to belong, to that person.
Deduction of costs and expenses etc. from proceeds of sale
NOPSEMA may deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of:
any costs and expenses incurred by NOPSEMA under that subsection in relation to that property; and
any costs and expenses incurred by NOPSEMA in relation to the doing of any thing required by a direction under section 587 to be done by that person; and
any fees or amounts payable by that person to NOPSEMA under this Act, so long as the fee or amount concerned is due and payable.
NOPSEMA may, on behalf of the Commonwealth, deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of:
any fees or amounts payable to the Commonwealth by that person under this Act, so long as the fee or amount concerned is due and payable; and
any amounts payable by that person under the Royalty Act, so long as the amount concerned is due and payable; and
any amounts payable by that person under any of the following provisions of the Regulatory Levies Act:
section 5;
section 7;
section 9;
section 10A;
section 10C;
section 10E;
section 10F;
so long as the amount concerned is due and payable.
If NOPSEMA, under subsection (2A), deducts an amount payable to the Commonwealth, NOPSEMA must remit that amount to the Commonwealth.
Balance of proceeds of sale to be paid to owner of property
The proceeds of a sale of property under subsection (1), less any deductions under subsection (2) or (2A), are to be paid to the owner of the property.
Recovery of costs and expenses—removal, disposal or sale of property
If NOPSEMA incurs any costs or expenses under subsection (1) in relation to the removal, disposal or sale of property, the costs or expenses:
are a debt due by the owner of the property to NOPSEMA; and
to the extent to which they are not recovered under subsection (2)—are recoverable in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Recovery of costs and expenses—breach of direction
If NOPSEMA incurs costs or expenses in relation to the doing of anything required by a direction under section 587 to be done by a person who is or was subject to the direction, the costs or expenses:
are a debt due by the person to NOPSEMA; and
to the extent to which they are not recovered under subsection (2)—are recoverable in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Limitation of action etc.
Except as provided by subsection 589(4) or section 780, no action, suit or proceeding lies in relation to the removal, disposal or sale, or the purported removal, disposal or sale, of property under section 589.
Section 768 does not apply to an act or matter to the extent to which subsection (1) of this section applies to the act or matter.
Judicial review
This section does not affect:
(a) any rights conferred on a person by the Administrative Decisions (Judicial Review) Act 1977 to apply to a court in relation to:
a decision; or
conduct engaged in for the purpose of making a decision; or
a failure to make a decision; or
any other rights that a person has to seek a review by a court or tribunal in relation to:
a decision; or
conduct engaged in for the purpose of making a decision; or
a failure to make a decision.
(4) An expression used in subsection (3) has the same meaning as in Administrative Decisions (Judicial Review) Act 1977.section 10 of the
Scope
This section applies if a direction is given under section 587A.
Responsible Commonwealth Minister may take action
If:
a direction under section 587A has been breached in relation to the vacated area; or
an arrangement under section 587A has not been carried out in relation to the vacated area;
the responsible Commonwealth Minister may do any or all of the things required by the direction or arrangement to be done.
Recovery of costs and expenses
Costs or expenses incurred by the responsible Commonwealth Minister under subsection (2) are:
a debt due to the Commonwealth by the person who breached the direction or did not carry out the arrangement; and
recoverable in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
The following is a simplified outline of this Division:
• NOPSEMA or the responsible Commonwealth Minister may give remedial directions to greenhouse gas titleholders, former greenhouse gas titleholders or certain other persons about the following matters:
the removal of property;
the plugging or closing off of wells;
the conservation and protection of natural resources;
the making good of damage to the seabed or subsoil.
• The responsible Commonwealth Minister may give site closing directions to greenhouse gas injection licensees.
• If there is a breach of a direction, NOPSEMA or the responsible Commonwealth Minister may do anything required by the direction to be done.
• If property has not been removed in accordance with a direction, NOPSEMA or the responsible Commonwealth Minister may direct the owner to remove or dispose of the property.
The power to give a direction under a provision of this Division to a person in relation to a matter does not limit the power of NOPSEMA or the responsible Commonwealth Minister to give a direction to the person in relation to the same (or a different) matter under:
another provision of this Division; or
a provision of Part 6.3 (which deals with greenhouse gas directions); or
a provision of Chapter 3.
Scope
This section applies to:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence, if no operations for the injection of a greenhouse gas substance into an identified greenhouse gas storage formation have been carried on under the licence.
Direction
NOPSEMA may, by written notice given to a person referred to in subsection (2A), direct the person to do any or all of the following things within the period specified in the notice:
to:
remove, or cause to be removed, from the title area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or
make arrangements that are satisfactory to NOPSEMA in relation to that property;
to plug or close off, to the satisfaction of NOPSEMA, all wells made in the title area by any person engaged or concerned in those operations;
to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the title area;
to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations.
Note 1: For title area, see subsection (7).
Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
The persons are:
the registered holder of the permit, lease or licence; or
a related body corporate of the registered holder of the permit, lease or licence; or
any former registered holder of the permit, lease or licence; or
a person who was a related body corporate of any former registered holder of the permit, lease or licence at the time the permit, lease or licence was in force; or
a person to whom a determination under subsection (2B) applies.
The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the permit, lease or licence;
whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
whether the person acts or acted jointly with the registered holder, or a former holder, of the permit, lease or licence in relation to the operations authorised by the permit, lease or licence.
A determination under subsection (2B) is not a legislative instrument.
If a direction is given under subsection (2) to a person referred to in paragraph (2A)(b), (c), (d) or (e), NOPSEMA must give a copy of the direction to the registered holder of the permit, lease or licence as soon as practicable after the direction is given.
The period specified in the notice must be reasonable.
Before giving the direction NOPSEMA may consult the Titles Administrator.
Paragraph (2)(c) has effect subject to:
Chapter 3; and
this Chapter; and
the regulations.
In attaining a state of satisfaction for the purposes of paragraph (2)(b), NOPSEMA must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum-bearing qualities of geological formations.
Offence
A person commits an offence if:
the person is subject to a direction under subsection (2); and
the person omits to do an act; and
the omission breaches the direction.
Penalty: 100 penalty units.
An offence against subsection (5) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Title area
For the purposes of this section, the table has effect:
Scope
This section applies to:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence, if no operations for the injection of a greenhouse gas substance into an identified greenhouse gas storage formation have been carried on under the licence.
Direction
The responsible Commonwealth Minister may, by written notice given to a person referred to in subsection (2A), direct the person to do any or all of the following things within the period specified in the notice:
to:
remove, or cause to be removed, from the title area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or
make arrangements that are satisfactory to the responsible Commonwealth Minister in relation to that property;
to plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the title area by any person engaged or concerned in those operations;
to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the title area;
to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations;
so long as the direction is given for a purpose that relates to:
resource management; or
resource security; or
decommissioning.
Note 1: For title area, see subsection (6).
Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
The persons are:
the registered holder of the permit, lease or licence; or
a related body corporate of the registered holder of the permit, lease or licence; or
any former registered holder of the permit, lease or licence; or
a person who was a related body corporate of any former registered holder of the permit, lease or licence at the time the permit, lease or licence was in force; or
a person to whom a determination under subsection (2B) applies.
The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the permit, lease or licence;
whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
whether the person acts or acted jointly with the registered holder, or a former holder, of the permit, lease or licence in relation to the operations authorised by the permit, lease or licence.
A determination under subsection (2B) is not a legislative instrument.
If a direction is given under subsection (2) to a person referred to in paragraph (2A)(b), (c), (d) or (e), the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease or licence as soon as practicable after the direction is given.
The period specified in the notice must be reasonable.
Before giving the direction, the responsible Commonwealth Minister may consult the Titles Administrator.
Paragraph (2)(c) has effect subject to:
Chapter 3; and
this Chapter; and
the regulations.
In attaining a state of satisfaction for the purposes of paragraph (2)(b), the responsible Commonwealth Minister must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum-bearing qualities of geological formations.
Offence
A person commits an offence if:
the person is subject to a direction under subsection (2); and
the person omits to do an act; and
the omission breaches the direction.
Penalty: 100 penalty units.
An offence against subsection (5) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Title area
For the purposes of this section, the table has effect:
Inconsistency
If a direction under this section is inconsistent with a direction under section 591B, the direction under this section has no effect to the extent of the inconsistency.
Scope
This section applies if:
an identified greenhouse gas storage formation is specified in a greenhouse gas injection licence; and
operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation have been carried on under the licence; and
the responsible Commonwealth Minister is satisfied that operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation have ceased; and
any of the following conditions is satisfied:
an application has been made for a site closing certificate in relation to the identified greenhouse gas storage formation;
the licensee has breached the requirement imposed by subsection 386(4) to make an application for a site closing certificate in relation to the identified greenhouse gas storage formation;
the licensee has breached a direction under subsection 386(9) to make an application for a site closing certificate in relation to the identified greenhouse gas storage formation.
Direction to registered holder
The responsible Commonwealth Minister may, by written notice given to the registered holder of the licence, direct the holder to do any or all of the following things within the period specified in the notice:
to:
remove, or cause to be removed, from the licence area all property brought into that area by any person engaged or concerned in the operations authorised by the licence; or
make arrangements that are satisfactory to the responsible Commonwealth Minister in relation to that property;
to plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the licence area, whether or not those wells were made by a person engaged or concerned in those operations;
to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the licence area;
to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the licence area (whether or not caused by any person engaged or concerned in those operations);
to carry out such operations as are specified in the notice for the monitoring of the behaviour of a greenhouse gas substance stored in the identified greenhouse gas storage formation concerned;
to undertake such activities as are specified in the notice for the purpose of:
eliminating; or
mitigating; or
managing; or
remediating;
the risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will have a significant adverse impact on:
navigation; or
fishing; or
any activities being lawfully carried on, or that could be lawfully carried on, by way of the construction or operation of a pipeline; or
(viii) the enjoyment of native title rights (within the meaning of the Native Title Act 1993); or
the conservation or exploitation of natural resources (whether in an offshore area or elsewhere); or
the geotechnical integrity of the whole or a part of a geological formation or geological structure; or
the environment; or
human health or safety;
to undertake such activities as are specified in the notice for the purpose of:
ensuring; or
increasing the likelihood;
that a greenhouse gas substance injected into the identified greenhouse gas storage formation will behave as predicted in Part A of the approved site plan for the identified greenhouse gas storage formation.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
The period specified in the notice must be reasonable.
Paragraph (2)(c) has effect subject to:
Chapter 3; and
this Chapter; and
the regulations.
Paragraphs (2)(a), (b), (c), (d) and (e) do not limit paragraph (2)(f) or (g).
In attaining a state of satisfaction for the purposes of paragraph (2)(b), the responsible Commonwealth Minister must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum-bearing qualities of geological formations.
A paragraph (2)(f) or (g) direction may require the registered holder of the licence to do something:
in the licence area; or
in an offshore area but outside the licence area.
Offence
A person commits an offence if:
the person is subject to a direction under subsection (2); and
the person omits to do an act; and
the omission breaches the direction.
Penalty: 100 penalty units.
An offence against subsection (8) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Section does not limit other powers
To avoid doubt, the powers conferred on the responsible Commonwealth Minister by this section do not limit the powers conferred on the responsible Commonwealth Minister by any other provision of this Act.
Scope
This section applies if:
the responsible Commonwealth Minister proposes to give a direction under section 593 to a greenhouse gas injection licensee; and
(b) the direction requires the licensee to do something in an area (the action area); and
the action area is, to any extent, the subject of:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; or
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
a petroleum special prospecting authority; or
a State/Territory petroleum exploration title; or
a State/Territory petroleum retention title; or
a State/Territory petroleum production title; and
if subparagraph (c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) applies—the licensee mentioned in paragraph (a) is not the registered holder of the permit, lease, licence or authority mentioned in that subparagraph; and
if subparagraph (c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) applies—the registered holder of the permit, lease, licence or authority mentioned in that subparagraph has not given written consent to the giving of the direction; and
if subparagraph (c)(ix), (x) or (xi) applies—the licensee mentioned in paragraph (a) is not the holder of the title mentioned in that subparagraph; and
if subparagraph (c)(ix), (x) or (xi) applies—the holder of the title mentioned in that subparagraph has not given written consent to the giving of the direction.
Consultation
Before giving the direction, the responsible Commonwealth Minister must:
by written notice given to the registered holder of the permit, lease, licence or authority mentioned in subparagraph (1)(c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) or the holder of the title mentioned in subparagraph (1)(c)(ix), (x) or (xi), as the case requires, give at least 30 days notice of the responsible Commonwealth Minister’s intention to give the direction; and
give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
The notice must:
set out details of the direction that is proposed to be given; and
invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and
specify a time limit for making that submission.
In deciding whether to give the direction, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
Emergencies
However, if the responsible Commonwealth Minister is satisfied that the direction is required to deal with an emergency:
subsections (2), (3) and (4) do not apply to the direction; and
as soon as practicable after the direction is given, the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease, licence or authority mentioned in subparagraph (1)(c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) or the holder of the title mentioned in subparagraph (1)(c)(ix), (x) or (xi), as the case requires.
Scope
(1) This section applies if any of the following permits, leases, licences or authorities (each of which is a title) cease to be in force, in whole or in part:
a greenhouse gas assessment permit;
a greenhouse gas holding lease;
a greenhouse gas injection licence;
a greenhouse gas search authority;
a greenhouse gas special authority.
Direction
NOPSEMA may, by written notice given to a person referred to in subsection (2A), direct the person to do one or more of the following things within the period specified in the notice:
(a) to remove, or cause to be removed, from the vacated area all property (the relevant property) brought into that area by any person engaged or concerned in the operations authorised by title;
to make arrangements that are satisfactory to NOPSEMA in relation to the relevant property;
to plug or close off, to the satisfaction of NOPSEMA, all wells made in the vacated area by any person engaged or concerned in the operations authorised by title;
to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the vacated area;
to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in the operations authorised by the title.
The persons are:
if the title ceased to be in force in part:
the registered holder of the title; or
a related body corporate of the registered holder of the title; or
if the title ceased to be in force in whole or in part:
any former registered holder of the title; or
a person who was a related body corporate of any former registered holder of the title at the time the title was in force; or
a person to whom a determination under subsection (2B) applies.
The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the title;
whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
whether the person acts or acted jointly with the registered holder, or a former holder, of the title in relation to the operations authorised by the title.
A determination under subsection (2B) is not a legislative instrument.
If:
a direction is given under subsection (2) to a person referred to in subparagraph (2A)(a)(ii) or (b)(i), (ii) or (iii); and
the direction requires the person to take an action in, or in relation to, the title area (within the meaning of section 572) of a title that is in force;
NOPSEMA must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given.
The period specified in the notice must be reasonable.
Paragraph (2)(d) has effect subject to:
Chapter 3; and
this Chapter; and
the regulations.
In attaining a state of satisfaction for the purposes of paragraph (2)(c), NOPSEMA must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum-bearing qualities of geological formations.
Offence
A person commits an offence if:
the person is subject to a direction under subsection (2); and
the person omits to do an act; and
the omission breaches the direction.
Penalty: 100 penalty units.
An offence against subsection (6) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Scope
(1) This section applies if any of the following permits, leases, licences or authorities (each of which is a title) cease to be in force, in whole or in part:
a greenhouse gas assessment permit;
a greenhouse gas holding lease;
a greenhouse gas injection licence;
a greenhouse gas search authority;
a greenhouse gas special authority.
Direction
The responsible Commonwealth Minister may, by written notice given to a person referred to in subsection (2A), direct the person to do one or more of the following things within the period specified in the notice:
(a) to remove, or cause to be removed, from the vacated area all property (the relevant property) brought into that area by any person engaged or concerned in the operations authorised by the title;
to make arrangements that are satisfactory to the responsible Commonwealth Minister in relation to the relevant property;
to plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the vacated area by any person engaged or concerned in the operations authorised by the title;
to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the vacated area;
to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in the operations authorised by the title;
so long as the direction is given for a purpose that relates to:
resource management; or
resource security; or
decommissioning.
The persons are:
if the title ceased to be in force in part:
the registered holder of the title; or
a related body corporate of the registered holder of the title; or
if the title ceased to be in force in whole or in part:
any former registered holder of the title; or
a person who was a related body corporate of any former registered holder of the title at the time the title was in force; or
a person to whom a determination under subsection (2B) applies.
The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the title;
whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
whether the person acts or acted jointly with the registered holder, or a former holder, of the title in relation to the operations authorised by the title.
A determination under subsection (2B) is not a legislative instrument.
If:
a direction is given under subsection (2) to a person referred to in subparagraph (2A)(a)(ii), (b)(i), (b)(ii) or (b)(iii); and
the direction requires the person to take an action in, or in relation to, the title area (within the meaning of section 572) of a title that is in force;
the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given.
The period specified in the notice must be reasonable.
Paragraph (2)(d) has effect subject to:
Chapter 3; and
this Chapter; and
the regulations.
In attaining a state of satisfaction for the purposes of paragraph (2)(c), the responsible Commonwealth Minister must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum-bearing qualities of geological formations.
Offence
A person commits an offence if:
the person is subject to a direction under subsection (2); and
the person omits to do an act; and
the omission breaches the direction.
Penalty: 100 penalty units.
An offence against subsection (6) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Inconsistency
If a direction under this section is inconsistent with a direction under section 594A, the direction under this section has no effect to the extent of the inconsistency.
Scope
This section applies if a direction is given under section 594A.
NOPSEMA may take action
If:
a direction under section 594A has been breached in relation to the vacated area; or
an arrangement under section 594A has not been carried out in relation to the vacated area;
NOPSEMA may do any or all of the things required by the direction or arrangement to be done.
If:
a direction is given under section 594A; and
any property brought into the vacated area by any person engaged or concerned in the operations authorised by the permit, lease, licence or authority has not been removed in accordance with:
a direction under section 594A in relation to the vacated area; or
an arrangement under section 594A in relation to the vacated area;
NOPSEMA may, by notifiable instrument, direct the owner or owners of that property to:
remove the property from the vacated area; or
dispose of the property to the satisfaction of NOPSEMA;
within the period specified in the instrument.
Note: For sanctions, see section 596A.
The period specified in the instrument must be reasonable.
If a direction is given under subsection (3) in relation to property, NOPSEMA must give a copy of the instrument to each person whom NOPSEMA believes to be an owner of the property or of any part of the property.
Scope
This section applies if a direction is given under section 593 or 595.
Responsible Commonwealth Minister may take action
If:
a direction under section 593 has been breached; or
an arrangement under section 593 has not been carried out in relation to the licence area; or
a direction under section 595 has been breached in relation to the vacated area; or
an arrangement under section 595 has not been carried out in relation to the vacated area;
the responsible Commonwealth Minister may do any or all of the things required by the direction or arrangement to be done.
Direction to remove property
If:
a direction is given under section 593; and
any property brought into the licence area by any person engaged or concerned in the operations authorised by the licence has not been removed in accordance with:
the direction; or
an arrangement under section 593 in relation to the licence area;
the responsible Commonwealth Minister may, by written notice published in the Gazette, direct the owner or owners of that property to:
remove the property from the licence area; or
dispose of the property to the satisfaction of the responsible Commonwealth Minister;
within the period specified in the notice.
Note: For sanctions, see section 597.
If:
a direction is given under section 595; and
any property brought into the vacated area by any person engaged or concerned in the operations authorised by the permit, lease, licence or authority has not been removed in accordance with:
a direction under section 595 in relation to the vacated area; or
an arrangement under section 595 in relation to the vacated area;
the responsible Commonwealth Minister may, by written notice published in the Gazette, direct the owner or owners of that property to:
remove the property from the vacated area; or
dispose of the property to the satisfaction of the responsible Commonwealth Minister;
within the period specified in the notice.
Note: For sanctions, see section 597.
The period specified in the notice must be reasonable.
If a direction is given under subsection (3) or (4) in relation to property, the responsible Commonwealth Minister must give a copy of the notice to each person whom the responsible Commonwealth Minister believes to be an owner of the property or of any part of the property.
Power to remove, dispose of or sell property
If a direction under subsection 595A(3) has been breached in relation to property, NOPSEMA may do any or all of the following things:
remove, in such manner as NOPSEMA thinks fit, any or all of that property from the vacated area concerned;
dispose of, in such manner as NOPSEMA thinks fit, any or all of that property;
if, under subsection 595A(5), a person was given a copy of the notice of the direction—sell, by public auction or otherwise, as NOPSEMA thinks fit, any or all of that property that belongs, or that NOPSEMA believes to belong, to that person.
Deduction of costs and expenses etc. from proceeds of sale
NOPSEMA may deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of:
any costs and expenses incurred by NOPSEMA under that subsection in relation to that property; and
any costs and expenses incurred by NOPSEMA in relation to the doing of any thing required by a direction under section 594A to be done by that person; and
any fees or amounts payable by that person to NOPSEMA under this Act, so long as the fee or amount is due and payable.
NOPSEMA may, on behalf of the Commonwealth, deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of:
any fees or amounts payable by that person to the Commonwealth under this Act, so long as the fee or amount concerned is due and payable; and
any amounts payable by that person under any of the following provisions of the Regulatory Levies Act:
section 5;
section 7;
section 9;
section 10A;
section 10C;
section 10E;
section 10F;
so long as the amount concerned is due and payable.
If NOPSEMA deducts an amount under subsection (3), NOPSEMA must remit that amount to the Commonwealth.
Balance of proceeds of sale to be paid to owner of property
The proceeds of a sale of property under subsection (1), less any deductions under subsection (2) or (3), are to be paid to the owner of the property.
Recovery of costs and expenses—removal, disposal or sale of property
If NOPSEMA incurs any costs or expenses under subsection (1) in relation to the removal, disposal or sale of property, the costs or expenses:
are a debt due by the owner of the property to NOPSEMA; and
to the extent to which they are not recovered under subsection (2)—are recoverable in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Recovery of costs and expenses—breach of direction
If NOPSEMA incurs costs or expenses in relation to the doing of anything required by a direction under section 594A to be done by a person who is or was subject to the direction, the costs or expenses:
are a debt due by the person to NOPSEMA; and
to the extent to which they are not recovered under subsection (2)—are recoverable in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Power to remove, dispose of or sell property
If a direction under subsection 596(3) or (4) has been breached in relation to property, the responsible Commonwealth Minister may do any or all of the following things:
in the case of a direction under subsection 596(3)—remove, in such manner as the responsible Commonwealth Minister thinks fit, any or all of that property from the licence area concerned;
in the case of a direction under subsection 596(4)—remove, in such manner as the responsible Commonwealth Minister thinks fit, any or all of that property from the vacated area concerned;
dispose of, in such manner as the responsible Commonwealth Minister thinks fit, any or all of that property;
if, under subsection 596(6), a person was given a copy of the notice of the direction—sell, by public auction or otherwise, as the responsible Commonwealth Minister thinks fit, any or all of that property that belongs, or that the responsible Commonwealth Minister believes to belong, to that person.
Deduction of costs and expenses etc. from proceeds of sale
The responsible Commonwealth Minister may deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that the responsible Commonwealth Minister believes to belong) to a particular person, the whole or a part of:
any costs and expenses incurred by the responsible Commonwealth Minister under that subsection in relation to that property; and
any costs and expenses incurred by the responsible Commonwealth Minister in relation to the doing of any thing required by a direction under section 593 or 595 to be done by that person; and
any fees or amounts payable by that person under this Act, so long as the fee or amount concerned is due and payable; and
any amounts payable by that person under any of the following provisions of the Regulatory Levies Act:
section 5;
section 7;
section 9;
section 10A;
section 10C;
section 10E;
section 10F;
so long as the amount concerned is due and payable.
Balance of proceeds of sale to be paid to owner of property
The proceeds of a sale of property under subsection (1), less any deductions under subsection (2), are to be paid to the owner of the property.
Recovery of costs and expenses—removal, disposal or sale of property
If the responsible Commonwealth Minister incurs any costs or expenses under subsection (1) in relation to the removal, disposal or sale of property, the costs or expenses:
are a debt due by the owner of the property to the Commonwealth; and
to the extent to which they are not recovered under subsection (2)—are recoverable in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Recovery of costs and expenses—breach of direction
If the responsible Commonwealth Minister incurs costs or expenses in relation to the doing of anything required by a direction under section 593 or 595 to be done by a person who is or was subject to the direction, the costs or expenses:
are a debt due by the person to the Commonwealth; and
to the extent to which they are not recovered under subsection (2)—are recoverable in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Limitation of action etc.
Except as provided by subsection 597(4) or section 780, no action, suit or proceeding lies in relation to the removal, disposal or sale, or the purported removal, disposal or sale, of property under section 597.
Except as provided by subsection 596A(6) or section 780, no action, suit or proceeding lies in relation to the removal, disposal or sale, or the purported removal, disposal or sale, of property under section 596A.
Section 768 does not apply to an act or matter to the extent to which subsection (1) or (1A) of this section applies to the act or matter.
Judicial review
This section does not affect:
(a) any rights conferred on a person by the Administrative Decisions (Judicial Review) Act 1977 to apply to a court in relation to:
a decision; or
conduct engaged in for the purpose of making a decision; or
a failure to make a decision; or
any other rights that a person has to seek a review by a court or tribunal in relation to:
a decision; or
conduct engaged in for the purpose of making a decision; or
a failure to make a decision.
(4) An expression used in subsection (3) has the same meaning as in Administrative Decisions (Judicial Review) Act 1977.section 10 of the
This section applies if:
(a) a direction (a petroleum remedial direction) is in force under section 586, 586A, 587 or 587A; or
(b) a direction (a greenhouse gas remedial direction) is in force under section 591B, 592, 594A or 595.
The following provisions apply as if a reference to a registered holder of a title, or to a titleholder, included a reference to a person who is subject to a petroleum remedial direction:
section 569;
section 571;
Part 6.1A;
Part 6.2;
Part 6.5;
Schedule 2A;
Schedule 2B;
clause 13A of Schedule 3;
Part 4 of Schedule 3.
Note: In addition, if a petroleum remedial direction is in force in relation to a pipeline, that pipeline is a facility (within the meaning of Schedule 3 to this Act) even if the pipeline is no longer subject to a pipeline licence (see paragraph 4(8)(d) of Schedule 3).
The following provisions apply as if a reference to a petroleum activity included a reference to an activity carried out for the purpose of complying with a petroleum remedial direction:
section 571, other than subsection 571(1);
section 572C;
Schedule 2A.
The following provisions apply as if a reference to a registered holder of a title, or to a titleholder, included a reference to a person who is subject to a greenhouse gas remedial direction:
section 570;
section 571A;
Part 6.3;
Part 6.5;
Schedule 2A;
Schedule 2B;
clause 13B of Schedule 3;
Part 4 of Schedule 3.
The following table has effect:
The regulations may provide that this Act has effect for the purposes of this section with any modifications that are prescribed.
Without limiting subsection (6), the regulations may:
prescribe additional provisions of this Act that:
apply to persons who are subject to a petroleum remedial direction or a greenhouse gas remedial direction; or
do not apply to persons who are subject to a remedial direction; or
apply to persons subject to a remedial direction with modifications that are prescribed; or
make further modifications of provisions already modified by subsections (2) to (5).
If:
a direction given under Division 1 or 2 of this Part requires a person to enter premises; and
the person is not the occupier of the premises;
the direction applies only to the extent that the occupier consents to entry.
The following is a simplified outline of this Division:
• The CEO may appoint inspectors (called NOPSEMA inspectors). The NOPSEMA inspectors may exercise powers of entry, monitoring and investigation for the purposes of this Act.
• The exercise of some of these powers is provided for under Parts 2 and 3 of the Regulatory Powers Act. Those Parts of that Act are applied by this Division with suitable modifications.
• A person must not interfere with offshore petroleum installations or operations.
• A person must not interfere with greenhouse gas installations or operations.
• A court may make a forfeiture order in relation to property used in the commission of an offence.
In this Division:
CEO means the Chief Executive Officer of NOPSEMA.
evidential material has the same meaning as in the Regulatory Powers Act.
facility has the same meaning as in Schedule 3.
function includes duty.
greenhouse gas title means:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; or
a greenhouse gas special authority; or
a greenhouse gas research consent.
listed NOPSEMA law: see section 601.
operator of a facility has the same meaning as in Schedule 3.
petroleum title means:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence; or
a pipeline licence; or
a petroleum special prospecting authority; or
a petroleum access authority; or
a petroleum scientific investigation consent.
this Act includes a legislative instrument under this Act.
(1) For the purposes of this Act, the provisions listed in the following table are the listed NOPSEMA laws, to the extent provided in the column headed “Provisions”:
(2) A listed NOPSEMA law includes a requirement made under a provision listed in the table in subsection (1).
Appointment generally
The CEO may, in writing, appoint as NOPSEMA inspectors any of the following:
a member of the staff of NOPSEMA;
an employee of the Commonwealth or of a Commonwealth authority;
an employee of a State or of the Northern Territory, or of an authority of a State or of the Northern Territory.
Despite subsection (1), the CEO may appoint as NOPSEMA inspectors persons who are not covered by paragraph (1)(a), (b) or (c), if the appointment is for a period, and for the performance of functions, stated in the instrument of appointment.
The CEO must not appoint a person as a NOPSEMA inspector unless the CEO is satisfied that the person has suitable training or experience to properly exercise the powers of a NOPSEMA inspector (subject to any limitations as to powers or functions stated in an instrument under subsection (2) or a direction under 602A).
Identity cards
(4) An identity card issued to a NOPSEMA inspector under the Regulatory Powers Act must:
state that the inspector is a NOPSEMA inspector for the purposes of this Act; and
if the inspector is appointed subject to any limitations as to powers or functions stated in the instrument of appointment under subsection (2)—state that limitation; and
if the appointment is in relation to the Eastern Greater Sunrise offshore area—identify the inspector as a Greater Sunrise visiting inspector.
Powers etc. given by State or Territory PSLA
In addition to the powers and functions given for the purposes of this Act, a NOPSEMA inspector has all the powers and functions that are given by or under a State PSLA or the Territory PSLA.
Directions etc. by the CEO
The CEO may give written directions stating conditions subject to which a NOPSEMA inspector’s powers may be exercised for the purposes of this Act. If the CEO does so, the inspector’s powers must be exercised in accordance with those directions.
The CEO may, by written notice, impose conditions (not inconsistent with any directions under subsection (1)) on the exercise of powers, or the performance of functions, by a particular NOPSEMA inspector for the purposes of this Act. If the CEO does so, the inspector’s powers and functions are to be exercised or performed subject to those conditions.
Status of directions and notices as legislative instruments
If a direction under subsection (1) is of general application, the direction is a legislative instrument.
If a direction under subsection (1) is not of general application, the direction is not a legislative instrument.
A notice under subsection (2) is not a legislative instrument.
Scope
This section applies if a NOPSEMA inspector:
engages in activities that are preparatory to the exercise, or the possible exercise, of a power for a purpose that relates to the powers or functions of the Titles Administrator; or
exercises a power for a purpose that relates to the powers or functions of the Titles Administrator.
Reimbursement
NOPSEMA and the Titles Administrator may, with the agreement of the responsible Commonwealth Minister, make a written determination that provides that an amount worked out in accordance with the determination is, on a day worked out in accordance with the determination, to be debited from the National Offshore Petroleum Titles Administrator Special Account.
Note: The Commonwealth must pay a corresponding amount to NOPSEMA (see paragraph 682(1)(b)).
The Titles Administrator must publish a determination under subsection (2) on the Department’s website.
A determination under subsection (2) is not a legislative instrument.
Provisions subject to monitoring
(1) The listed NOPSEMA laws are subject to monitoring under Part 2 of the Regulatory Powers Act.
Note 1: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the listed NOPSEMA laws have been complied with. It includes powers of entry, search and inspection.
Note 2: For the listed NOPSEMA laws, see section 601.
Information subject to monitoring
(2) Information given in compliance or purported compliance with one or more of the listed NOPSEMA laws is subject to monitoring under Part 2 of the Regulatory Powers Act.
Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry, search and inspection.
Related provisions
(3) For the purposes of Part 2 of the Regulatory Powers Act, each of the following is related to the listed NOPSEMA laws and the information mentioned in subsection (2):
a provision for an offence against this Act;
a civil penalty provision under this Act;
(c) a provision for an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.
Authorised applicant
(4) For the purposes of Part 2 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised applicant in relation to both of the following:
the listed NOPSEMA laws;
the information mentioned in subsection (2).
Authorised person
(5) For the purposes of Part 2 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised person in relation to both of the following:
the listed NOPSEMA laws;
the information mentioned in subsection (2).
Issuing officer
(6) For the purposes of Part 2 of the Regulatory Powers Act, a magistrate, or a Judge of the Federal Circuit and Family Court of Australia (issuing officer in relation to both of the following:Division 2), is an
the listed NOPSEMA laws;
the information mentioned in subsection (2).
Relevant chief executive
(7) For the purposes of Part 2 of the Regulatory Powers Act, the CEO is the relevant chief executive in relation to both of the following:
the listed NOPSEMA laws;
the information mentioned in subsection (2).
Relevant court
(8) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the listed NOPSEMA laws and the information mentioned in subsection (2):
the Federal Court;
the Federal Circuit and Family Court of Australia (Division 2);
the Supreme Court of a State or Territory.
Person assisting
For the purposes of Part 2 of the Regulatory Powers Act, a NOPSEMA inspector may be assisted by a member (or members) of the staff of NOPSEMA in exercising powers or performing functions in relation to both of the following:
the listed NOPSEMA laws;
the information mentioned in subsection (2).
Extension to offshore areas
(10) Part 2 of the Regulatory Powers Act extends to each offshore area, in the application of that Part in relation to both of the following:
the listed NOPSEMA laws;
the information mentioned in subsection (2).
Extension to external Territories
Part 2 of the Regulatory Powers Act extends to each external Territory referred to in section 34, in the application of that Part in relation to both of the following:
the listed NOPSEMA laws;
the information mentioned in subsection (2).
Note 1: Under Schedule 2A to this Act, NOPSEMA inspectors may exercise additional powers, and perform additional functions, for the purpose of monitoring environmental management laws.
Note 1A: Under Schedule 2B to this Act, NOPSEMA inspectors may exercise additional powers, and perform additional functions, for the purpose of monitoring well integrity laws.
Note 2: Under Schedule 3 to this Act, NOPSEMA inspectors may exercise additional powers, and perform additional functions, for the purpose of monitoring listed OHS laws.
Offences and civil penalty provisions that are subject to investigation
(1) The following are subject to investigation under Part 3 of the Regulatory Powers Act:
an offence against a listed NOPSEMA law;
a civil penalty provision that is a listed NOPSEMA law;
(c) an offence against the Crimes Act 1914 or the Criminal Code that relates to an offence against a listed NOPSEMA law.
Note 1: Part 3 of the Regulatory Powers Act creates a framework for investigating whether offences or civil penalty provisions that are subject to investigation have been committed or contravened. It includes powers of entry, search, inspection and seizure.
Note 2: For the listed NOPSEMA laws, see section 601.
Related provisions
(2) For the purposes of Part 3 of the Regulatory Powers Act, each of the following is related to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1):
a provision for an offence against this Act;
a civil penalty provision under this Act;
(c) a provision for an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.
Authorised applicant
(3) For the purposes of Part 3 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised applicant in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1).
Authorised person
(4) For the purposes of Part 3 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised person in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1).
Issuing officer
(5) For the purposes of Part 3 of the Regulatory Powers Act, a magistrate, or a Judge of the Federal Circuit and Family Court of Australia (issuing officer in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1).Division 2), is an
Relevant chief executive
(6) For the purposes of Part 3 of the Regulatory Powers Act, the CEO is the relevant chief executive in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1).
Relevant court
(7) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1):
the Federal Court;
the Federal Circuit and Family Court of Australia (Division 2);
the Supreme Court of a State or Territory.
Person assisting
For the purposes of Part 3 of the Regulatory Powers Act, a NOPSEMA inspector may be assisted by a member (or members) of the staff of NOPSEMA in exercising powers or performing functions in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1).
Use of force in executing a warrant
In executing an investigation warrant:
an authorised person may use such force against things as is necessary and reasonable in the circumstances; and
a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.
Extension to offshore areas
(10) Part 3 of the Regulatory Powers Act, as it applies in relation to an offence or civil penalty provision mentioned in subsection (1), extends to each offshore area.
Extension to external Territories
Part 3 of the Regulatory Powers Act, as it applies in relation to an offence or civil penalty provision mentioned in subsection (1), extends to each external Territory referred to in section 34.
Additional powers
A NOPSEMA inspector may exercise the powers covered by subsection (2) after entering premises under Part 2 or 3 of the Regulatory Powers Act (as it applies under this Division).
Powers that may be exercised
The powers covered by this subsection are as follows:
if the inspector’s entry is in connection with a listed NOPSEMA law that is an environmental management law—the power in relation to the premises that the inspector would have, if the inspector had entered the premises for the purposes of an environmental inspection under Schedule 2A, to issue any of the following:
an environmental do not disturb notice under clause 10 of Schedule 2A;
an environmental prohibition notice under clause 11A of Schedule 2A;
an environmental improvement notice under clause 11C of Schedule 2A;
if the inspector’s entry is in connection with a listed NOPSEMA law that is a well integrity law—the power in relation to the premises that the inspector would have, if the inspector had entered the premises for the purposes of a well integrity inspection under Schedule 2B, to issue any of the following:
a well integrity do not disturb notice under clause 10 of Schedule 2B;
a well integrity prohibition notice under clause 12 of Schedule 2B;
a well integrity improvement notice under clause 14 of Schedule 2B;
if the inspector’s entry is in connection with a listed NOPSEMA law that is a listed OHS law—the powers in relation to the premises that the inspector would have, if the inspector had entered the premises for the purposes of an OHS inspection under Schedule 3, to issue any of the following:
an OHS do not disturb notice under clause 76 of Schedule 3;
an OHS prohibition notice under clause 77 of Schedule 3;
an OHS improvement notice under clause 78 of Schedule 3;
an OHS do not disturb notice under clause 78C of Schedule 3;
an OHS prohibition notice under clause 78E of Schedule 3;
an OHS improvement notice under clause 78G of Schedule 3.
Application of Schedules 2A, 2B and 3
Schedule 2A applies in relation to the exercise (as provided by this section) of a power covered by paragraph (2)(a) as if the inspector were conducting an environmental inspection under that Schedule.
Schedule 2B applies in relation to the exercise (as provided by this section) of a power covered by paragraph (2)(aa) as if the inspector were conducting a well integrity inspection under that Schedule.
Schedule 3 applies in relation to the exercise (as provided by this section) of a power covered by paragraph (2)(b) as if the inspector were conducting an OHS inspection under that Schedule.
Scope
This section provides for extended or alternative meanings of terms used in Part 2 or 3 of the Regulatory Powers Act in the application of that Part under this Division.
Premises
(2) In that application (and without limiting its meaning under that Act) premises includes any vessel, structure or other thing located in an offshore area that is used, or that has been used, for the purposes of either of the following (within the meaning of Part 6.9):
offshore petroleum operations;
offshore greenhouse gas storage operations.
Examples of premises:
a facility (within the meaning of Schedule 3); and
an infrastructure facility (see section 15); and
a petroleum pipeline.
Occupiers of premises located offshore
(3) In that application, but only in relation to the exercise of powers by a NOPSEMA inspector at premises that are located in an offshore area, occupier means:
in the case of the exercise of powers at a facility in relation to a listed NOPSEMA law that is a listed OHS law—the operator’s representative at the facility (within the meaning of Schedule 3); or
if paragraph (a) does not apply, and the premises are a vessel under the command or charge of a master—the master; or
if paragraphs (a) and (b) do not apply, and the powers are exercised in relation to any listed NOPSEMA law that is an environmental management law—the titleholder’s representative (if any) at the premises; or
if there is no occupier at the premises as provided under paragraph (a), (b) or (c)—the person at the premises who appears to be in overall control of the premises.
Note: In the case of premises that are not located in an offshore area, occupier would have its ordinary meaning as applied under the Regulatory Powers Act.
Scope
This section applies if any powers are to be exercised by a NOPSEMA inspector under the Regulatory Powers Act as it applies under this Division in relation to premises that are located in an offshore area.
Note: For the meaning of premises in this context, see section 602F.
Reasonable facilities and assistance
For the purposes of the application of section 31 or 63 of the Regulatory Powers Act under this Division, in addition to any facilities or assistance that must otherwise be provided under those sections in that application, the responsible person must provide:
appropriate transport to or from the premises for the following:
the NOPSEMA inspector;
any person assisting the inspector (within the meaning of section 23 or 53 of the Regulatory Powers Act as that section applies under this Division);
any equipment required by the inspector;
any thing of which the inspector has taken possession; and
reasonable accommodation and means of subsistence for the inspector, and any such person assisting the inspector, while the inspector is at the premises.
Note: A NOPSEMA inspector may be assisted by a member of staff of NOPSEMA (see sections 602C and 602D). Any such assistance must be necessary and reasonable (see sections 23 and 53 of the Regulatory Powers Act).
In this section:
responsible person means:
if the powers are to be exercised in relation to a facility—the operator of the facility; or
in any other case—the registered holder of a petroleum title or greenhouse gas title in relation to which the powers are to be exercised.
For the purposes of this Act, a Greater Sunrise visiting inspector who produces, at a reasonable time, the inspector’s identity card:
is to be given access to the regions in the following areas:
the Eastern Greater Sunrise offshore area;
the Principal Northern Territory offshore area; and
is to be given access to any structure, vessel, aircraft or building in that region that, in that inspector’s opinion, contains any equipment used to measure amounts of petroleum recovered from one or more of the Greater Sunrise unit reservoirs; and
may inspect and test any equipment that, in that inspector’s opinion, is being used in that region to measure amounts of petroleum recovered from one or more of the Greater Sunrise unit reservoirs.
Note: A Greater Sunrise visiting inspector is a NOPSEMA inspector whose identity card identifies the inspector as such (see subsection 602(4)).
A Greater Sunrise visiting inspector must not, in his or her capacity as such, exercise any other powers of a NOPSEMA inspector under the Regulatory Powers Act (as applied by this Division), or otherwise under this Act.
NOPSEMA and NOPSEMA inspectors have the powers and functions given by Schedule 2A in relation to environmental management laws (within the meaning of that Schedule).
NOPSEMA and NOPSEMA inspectors have the powers and functions given by Schedule 2B in relation to well integrity laws.
Scope
This section applies in relation to an inspection by a NOPSEMA inspector at offshore premises that is wholly or partly in relation to a titleholder’s compliance with the titleholder’s obligations.
Meaning of titleholder’s representative
(2) For the purposes of this Act, a titleholder’s representative is a person nominated by the titleholder under this section who is present at the offshore premises in compliance with a requirement imposed on the titleholder by paragraph (5)(b).
Nomination of titleholder representative
For the purposes of an inspection, a NOPSEMA inspector may, by written notice to the titleholder, require the titleholder to nominate a representative to be present at offshore premises at the time stated in the notice.
Subsection (3) does not imply that, if the titleholder is an individual, the nominated representative of the titleholder may not be that individual.
The titleholder must:
by written notice to the NOPSEMA inspector, nominate a representative as required by the notice under subsection (3); and
take all reasonably practicable steps to ensure that the nominated representative is present at the offshore premises at the time stated in the notice, and remains at the offshore premises after the stated time until no longer required for the purposes of the inspection.
Offence
A person commits an offence of strict liability if:
the person is subject to a requirement under subsection (5); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 50 penalty units.
Note: For strict liability, see Criminal Code.section 6.1 of the
Civil penalty
A person who is subject to a requirement under subsection (5) must comply with the requirement.
Civil penalty: 135 penalty units.
Definitions
In this section:
greenhouse gas title: see section 600.
inspection means:
an inspection under Part 2 or 3 of the Regulatory Powers Act, as applied by this Division; or
an environmental inspection under Schedule 2A; or
a well integrity inspection under Schedule 2B; or
an OHS inspection under Part 4 of Schedule 3.
offshore premises has the same meaning as in Schedule 2A.
petroleum title: see section 600.
titleholder means the registered holder of:
a petroleum title; or
a greenhouse gas title.
titleholder’s obligations means the obligations of a titleholder to comply with:
for an inspection under Part 2 or 3 of the Regulatory Powers Act, as applied by this Division—a listed NOPSEMA law; or
for an environmental inspection under Schedule 2A—an environmental management law; or
for a well integrity inspection under Schedule 2B—a well integrity law; or
for an OHS inspection under Part 4 of Schedule 3:
clause 13A of Schedule 3 (petroleum titleholder duty of care); or
prescribed regulations, or a prescribed provision of regulations, made under this Act; or
clause 13B of Schedule 3 (greenhouse gas titleholder duty of care); or
clause 13C of Schedule 3 (duties of titleholders in relation to unrelated operators).
The exercise or performance by a NOPSEMA inspector (or any other person) of a power or function under Part 2 or 3 of the Regulatory Powers Act, as it applies under this Division:
does not prevent the inspector (or other person) from exercising or performing a power or function under any provision of this Act; and
is not prevented by the exercise or performance by a NOPSEMA inspector (or any other person) of a power or function under any provision of this Act.
Note: NOPSEMA inspectors may also exercise other powers under this Act. For example:
under section 602J and Schedule 2A, in relation to provisions of this Act that are environmental management laws; and
under section 602JA and Schedule 2B, in relation to provisions of this Act that are well integrity laws; and
under Part 6.8 and Schedule 3, in relation to provisions of this Act that are listed OHS laws.
A person commits an offence if:
the person engages in conduct; and
the person’s conduct results in:
damage to, or interference with, any structure or vessel that is in an offshore area and that is, or is to be, used in exploring for, recovering, processing, storing, preparing for transport, or transporting, petroleum; or
damage to, or interference with, any equipment on, or attached to, such a structure or vessel; or
interference with any operations or activities being carried out, or any works being executed, on, by means of, or in connection with, such a structure or vessel.
Penalty: Imprisonment for 10 years.
In this section:
structure means any fixed, moveable or floating structure or installation, and includes a petroleum pipeline, petroleum pumping station, petroleum tank station or petroleum valve station.
Scope
This section applies if a person is convicted by a court of:
an offence against section 97, 160, 193 or 210; or
(b) an offence against Crimes Act 1914 in relation to an offence referred to in paragraph (a) of this subsection.section 6 of the
Note: For ancillary offences, see Criminal Code.section 11.6 of the
Orders
The court may, in addition to imposing a penalty, make any or all of the following orders:
an order for the forfeiture of a specified aircraft or vessel used in the commission of the offence;
an order for the forfeiture of specified equipment used in the commission of the offence;
an order for the forfeiture of specified petroleum recovered, or conveyed through a pipeline, as the case may be, in the course of the commission of the offence;
an order for the payment by that person to the Commonwealth of an amount equal to the proceeds of the sale of specified petroleum so recovered or conveyed;
an order for the payment by that person to the Commonwealth of:
an amount equal to the value at the wellhead, assessed by the court, of the quantity, so assessed, of petroleum so recovered or conveyed; or
such part of that amount as the court, having regard to all the circumstances, thinks fit.
If the court is satisfied that an order under paragraph (2)(c) cannot, for any reason, be enforced, the court may, on the application of the person by whom the proceedings were brought:
set aside the order; and
make either of the orders referred to in paragraphs (2)(d) and (e).
The court may, before making an order under this section:
require notice to be given to such persons as the court thinks fit; and
hear such persons as the court thinks fit.
Goods in relation to which an order is made under this section:
(a) must be dealt with as the Minister administering the Australian Federal Police Act 1979 directs; and
pending that Minister’s direction, may be detained in such custody as the court directs.
A person commits an offence if:
the person engages in conduct; and
the person’s conduct results in:
damage to, or interference with, any structure or vessel that is in an offshore area and that is, or is to be, used in greenhouse gas operations in an offshore area; or
damage to, or interference with, any equipment on, or attached to, such a structure or vessel; or
interference with any operations or activities being carried out, or any works being executed, on, by means of, or in connection with, such a structure or vessel.
Penalty: Imprisonment for 10 years.
In this section:
greenhouse gas operations means:
operations relating to exploration for a potential greenhouse gas formation or a potential greenhouse gas injection site; or
operations relating to the injection of a greenhouse gas substance into the seabed or subsoil; or
operations relating to the storage of a greenhouse gas substance in the seabed or subsoil; or
operations relating to the processing, compression or pre-injection storage of a greenhouse gas substance; or
operations relating to the preparation of a greenhouse gas substance for transport.
structure means any fixed, moveable or floating structure or installation, and includes a greenhouse gas pipeline, greenhouse gas pumping station, greenhouse gas tank station or greenhouse gas valve station.
Scope
This section applies if a person is convicted by a court of:
an offence against section 289 or 356; or
(b) an offence against Crimes Act 1914 in relation to an offence referred to in paragraph (a) of this subsection.section 6 of the
Note: For ancillary offences, see Criminal Code.section 11.6 of the
Orders
The court may, in addition to imposing a penalty, make either or both of the following orders:
an order for the forfeiture of a specified aircraft or vessel used in the commission of the offence;
an order for the forfeiture of specified equipment used in the commission of the offence.
The court may, before making an order under this section:
require notice to be given to such persons as the court thinks fit; and
hear such persons as the court thinks fit.
Goods in relation to which an order is made under this section:
(a) must be dealt with as the Minister administering the Australian Federal Police Act 1979 directs; and
pending that Minister’s direction, may be detained in such custody as the court directs.
Proceedings in relation to any of the following offences may be brought at any time:
an offence against:
Chapter 2; or
Chapter 3; or
Chapter 4; or
Chapter 5; or
Chapter 5A; or
this Chapter; or
Part 7.1; or
Part 8.1; or
the regulations;
(b) an offence against Crimes Act 1914 in relation to an offence referred to in paragraph (a) of this subsection.section 6 of the
Note: For ancillary offences, see Criminal Code.section 11.6 of the
(2) Subsection (1) has effect despite Crimes Act 1914.section 15B of the
The following is a simplified outline of this Division:
• This Division provides that civil penalty provisions set out in this Act are enforceable under Part 4 of the Regulatory Powers Act.
Specified civil penalty provisions
A civil penalty provision in this Act may be enforced under Part 4 of the Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicants
The following table has effect.
No time limit for certain applications
Subsection 82(2) of the Regulatory Powers Act does not apply to an application made under section 82 of that Act in relation to an alleged contravention of the following provisions of this Act:
subsection 566H(2);
subsection 566K(2);
subsection 566N(3);
subsection 566P(2);
subsection 566Q(2);
subsection 566R(7);
subsection 566ZA(3).
Relevant court
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions mentioned in subsection (1):
the Federal Court;
the Federal Circuit and Family Court of Australia (Division 2);
the Supreme Court of a State or a Territory.
Extension to offshore areas
(4) Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions mentioned in subsection (1), extends to each offshore area.
Extension to external Territories etc.
Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions mentioned in subsection (1), extends to each external Territory referred to in section 34.
Scope
This section applies if a person is liable for a civil penalty under a civil penalty provision of this Act, or of a regulation, because the person has contravened, or breached a requirement of, another provision of this Act, or of another regulation.
References to contraventions
For the purposes of this Act, the person is taken to have contravened the civil penalty provision if the person has contravened, or breached the requirement, of the other provision.
The following is a simplified outline of this Division:
• This Division provides for infringement notices that can be issued and enforced in accordance with Part 5 of the Regulatory Powers Act.
Provisions subject to an infringement notice
(1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:
subsection 249(2);
subsection 284(5);
subsection 286A(7);
subsection 452A(7);
subsection 508(4);
subsection 509(4);
subsection 575(4);
subsection 602K(6);
subsection 697(3);
subclause 6(3) of Schedule 3, in its application to a contravention of subclause 6(2) of that Schedule;
subclauses 82(9) and (9D) of Schedule 3;
subclause 83(4) of Schedule 3;
subclause 83A(5) of Schedule 3.
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.
Infringement officers
The following table has effect.
Relevant chief executive
(3) For the purposes of Part 5 of the Regulatory Powers Act, the relevant chief executive in relation to an infringement notice is as follows:
the Chief Executive Officer of NOPSEMA, if the notice may be issued by the Chief Executive Officer of NOPSEMA;
the Secretary, if the notice may be issued by the Titles Administrator;
if the notice may be issued by either the Chief Executive Officer of NOPSEMA or the Titles Administrator—either of them.
If the Secretary is the relevant chief executive, he or she may, in writing, delegate to an SES employee, or acting SES employee, in the Department the power to extend the period referred to in paragraph 104(1)(j) of the Regulatory Powers Act.
Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
Note 3: If the Chief Executive Officer of NOPSEMA is the relevant chief executive, see section 675 for the power to delegate.
A person exercising power under a delegation under subsection (4) must comply with any written directions of the relevant chief executive.
Single infringement notice may deal with more than one contravention
Despite subsection 103(3) of the Regulatory Powers Act, a single infringement notice may be given to a person in respect of:
2 or more alleged contraventions of a provision mentioned in subsection (1); or
alleged contraventions of 2 or more provisions mentioned in subsection (1).
However, the notice must not require the person to pay more than one amount in respect of the same conduct.
Regulations may set out other matters to be included
A regulation made under this Act may set out any other matters that are to be included in an infringement notice given in relation to a contravention of a provision mentioned in subsection (1).
Extension to offshore areas
Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each offshore area.
Extension to external Territories etc.
Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each external Territory referred to in section 34.
In addition to the circumstances set out in subsection 103(4) of the Regulatory Powers Act, and despite subsection 103(3) of that Act, an infringement officer may also give a person a single infringement notice relating to multiple contraventions of a single provision if, under this Act or a regulation, the person:
commits a separate offence in respect of each day during which the offence continues; or
is separately liable for a civil penalty in respect of each day during which the liability continues.
The relevant chief executive may issue a certificate signed by him or her stating:
that the relevant chief executive did not allow further time under section 105 of the Regulatory Powers Act to pay the penalty for an offence, or a civil penalty, under this Act or a regulation, stated in an infringement notice; and
that the penalty has not been paid in accordance with the notice within 28 days after the day the infringement notice is given.
The relevant chief executive may issue a certificate signed by him or her stating:
that the relevant chief executive allowed, under section 105 of the Regulatory Powers Act, the further time specified in the certificate for payment of the penalty for an offence, or a civil penalty, under this Act or a regulation, stated in an infringement notice; and
that the penalty has not been paid in accordance with the notice or within the further time allowed.
The relevant chief executive may issue a certificate signed by him or her stating that a specified infringement notice was withdrawn on a day specified in the certificate.
For all purposes and in all proceedings, a document purporting to be a certificate under subsection (1), (2) or (3) must, unless the contrary is established, be taken to be such a certificate and to have been properly given.
For all purposes and in all proceedings, a certificate under subsection (1), (2) or (3) is prima facie evidence of the matters stated in the certificate.
The following is a simplified outline of this Division:
• This Division provides for the grant of injunctions to enforce compliance with this Act, relying on the framework set out in Part 7 of the Regulatory Powers Act.
Enforceable provisions and authorised persons
(1) The provisions listed in the table in this section are enforceable under Part 7 of the Regulatory Powers Act.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.
The following table has effect.
Relevant court
(3) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
the Federal Court;
the Federal Circuit and Family Court of Australia (Division 2);
the Supreme Court of a State or Territory.
Consent injunctions
A relevant court may grant an injunction under Part 7 of the Regulatory Powers Act in relation to a provision mentioned in subsection (1) by consent of all the parties to proceedings brought under that Part, whether or not the court is satisfied that section 121 of that Act applies.
Extension to offshore areas
Part 7 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each offshore area.
Extension to external Territories etc.
Part 7 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each external Territory referred to in section 34.
The following is a simplified outline of this Division:
• This Division provides for adverse publicity orders to be made by a court.
Scope
This section applies if a court:
finds a body corporate guilty of an offence against a provision of this Act, or of a regulation, whether or not the court convicts the body corporate of the offence; or
(b) finds a body corporate guilty of an offence against Crimes Act 1914 (whether or not the court convicts the body corporate of the offence) in relation to an offence referred to in paragraph (a) of this subsection; orsection 6 of the
orders a body corporate to pay a civil penalty for a contravention of a provision of this Act or of a regulation.
Note: For ancillary offences, see Criminal Code.section 11.6 of the
Order by court
(2) The court may make an order (the adverse publicity order):
on the application of the person prosecuting the offence or taking the action to obtain a civil penalty order; and
in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence or contravention.
An application may only be made within 6 years after the commission of the offence or the contravention.
An adverse publicity order may require the body:
to take either or both of the following actions within the period specified in the order:
to publicise, in the way specified in the order, the offence or civil penalty order, its consequences, the penalty imposed and any other related matter;
to notify a specified person or specified class of persons, in the way specified in the order, of the offence or civil penalty order, its consequences, the penalty imposed and any other related matter; and
to give NOPSEMA or the Titles Administrator (as specified in the order), within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the body in accordance with the order.
Failing to give evidence
If the body fails to give evidence in accordance with paragraph (3)(b), NOPSEMA or the Titles Administrator (as the case requires) may take the action or actions specified in the order.
Action not in accordance with order
(5) NOPSEMA or the Titles Administrator (as the case requires) (the applicant) may apply to a court for an order authorising the applicant, or a person authorised in writing by the applicant, to take the action or actions if:
the body gives evidence to the applicant in accordance with paragraph (3)(b); but
despite that evidence, the applicant is not satisfied that the body has taken the action or actions specified in the order in accordance with the order.
If NOPSEMA takes one or more actions under subsection (4) or an order under subsection (5), NOPSEMA is entitled to recover from the body, by action in a court, an amount in relation to the reasonable expenses of taking the actions as a debt due to NOPSEMA.
If the Titles Administrator takes one or more actions under subsection (4) or an order under subsection (5), the Titles Administrator is entitled to recover from the body, by action in a court, an amount in relation to the reasonable expenses of taking the actions as a debt due to the Titles Administrator on behalf of the Commonwealth.
An authorisation by the applicant under subsection (5) is not a legislative instrument.
• This Division provides for the acceptance of enforceable undertakings relating to compliance with this Act, relying on the framework set out in Part 6 of the Regulatory Powers Act.
Enforceable provisions and authorised persons
(1) The provisions listed in the table in this section are enforceable under Part 6 of the Regulatory Powers Act.
Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.
The following table has effect.
Relevant court
(3) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
the Federal Court;
the Federal Circuit and Family Court of Australia (Division 2);
the Supreme Court of a State or Territory.
When undertaking must not be accepted
(4) An authorised person (within the meaning of Part 6 of the Regulatory Powers Act) must not accept an undertaking that was given by a person (the first person) under section 114 of that Act in response to an alleged contravention of a listed OHS law if:
the alleged contravention contributed, or may have contributed, to the death of another person; or
(b) the alleged contravention involved recklessness (within the meaning of the Criminal Code); or
during the previous 5 years, the first person has been convicted of an OHS offence that contributed to the death of another person; or
both:
during the previous 10 years, the first person has been convicted of 2 or more OHS offences; and
at least 2 of those convictions arose from separate investigations.
Subsection (4) does not apply if there are exceptional circumstances.
(6) For the purposes of subsection (4), OHS offence means an offence against a listed OHS law.
Extension to offshore areas
Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each offshore area.
Extension to external Territories etc.
Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each external Territory referred to in section 34.
Responsible Commonwealth Minister
If:
the responsible Commonwealth Minister is an authorised person in relation to a provision mentioned in subsection 611N(1); and
a person has given an undertaking under section 114 of the Regulatory Powers Act in relation to the provision; and
the undertaking has been accepted by the responsible Commonwealth Minister under section 114 of the Regulatory Powers Act; and
the undertaking has not been withdrawn or cancelled;
the responsible Commonwealth Minister must publish the undertaking on the Department’s website.
(2) If an undertaking contains personal information (within the meaning of the Privacy Act 1988), the responsible Commonwealth Minister must take such steps as are reasonable in the circumstances to ensure that the information is de-identified before the undertaking is published under subsection (1).
Chief Executive Officer of NOPSEMA
If:
the Chief Executive Officer of NOPSEMA is an authorised person in relation to a provision mentioned in subsection 611N(1); and
a person has given an undertaking under section 114 of the Regulatory Powers Act in relation to the provision; and
the undertaking has been accepted by the Chief Executive Officer of NOPSEMA under section 114 of the Regulatory Powers Act; and
the undertaking has not been withdrawn or cancelled;
the Chief Executive Officer of NOPSEMA must publish the undertaking on NOPSEMA’s website.
(4) If an undertaking contains personal information (within the meaning of the Privacy Act 1988), the Chief Executive Officer of NOPSEMA must take such steps as are reasonable in the circumstances to ensure that the information is de-identified before the undertaking is published under subsection (3).
Titles Administrator
If:
the Titles Administrator is an authorised person in relation to a provision mentioned in subsection 611N(1); and
a person has given an undertaking under section 114 of the Regulatory Powers Act in relation to the provision; and
the undertaking has been accepted by the Titles Administrator under section 114 of the Regulatory Powers Act; and
the undertaking has not been withdrawn or cancelled;
the Titles Administrator must publish the undertaking on the Department’s website.
(6) If an undertaking contains personal information (within the meaning of the Privacy Act 1988), the Titles Administrator must take such steps as are reasonable in the circumstances to ensure that the information is de-identified before the undertaking is published under subsection (5).
De-identified information
(7) For the purposes of this section, information is de-identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.
A person commits an offence if:
the person has given an undertaking under section 114 of the Regulatory Powers Act in relation to a provision mentioned in subsection 611N(1); and
the undertaking has been accepted under section 114 of the Regulatory Powers Act; and
the undertaking has not been withdrawn or cancelled; and
the person engages in conduct; and
the person’s conduct breaches the undertaking.
Penalty: 250 penalty units.
The following is a simplified outline of this Part:
• NOPSEMA may prohibit certain vessels from entering or being present in an area (called a petroleum safety zone) surrounding a petroleum well, a structure, or an item of equipment, in an offshore area.
• NOPSEMA may prohibit certain vessels from entering or being present in an area (called a greenhouse gas safety zone) surrounding a greenhouse gas well, a structure, or an item of equipment, in an offshore area.
• The area to be avoided is the area described in Schedule 2 (an area off the coast of Victoria), but does not include a safety zone or the coastal waters of Victoria.
• A vessel must not enter or be present in the area to be avoided unless authorised to do so under this Part.
• An authorised person may exercise powers for the purposes of the enforcement of this Part.
This section sets out a simplified map illustrating the area to which Schedule 2 applies:
In this Part:
area to be avoided means so much of the area to which Schedule 2 applies as comprises waters of the sea that: are not within the coastal waters of Victoria or within any area on the landward side of those coastal waters; and are not within a safety zone.
are not within the coastal waters of Victoria or within any area on the landward side of those coastal waters; and
are not within a safety zone.
Note: The area to which Schedule 2 applies is an area off the coast of Victoria.
authorised person has the meaning given by section 615.
exempt vessel means a vessel: in the case of a petroleum safety zone—that is excluded from the operation of section 616 in relation to that safety zone because: the vessel is specified in the notice establishing the safety zone; or the vessel is included in a class of vessels specified in the notice establishing the safety zone; or in the case of a petroleum safety zone—for which a written consent of NOPSEMA under subsection 616(1) is in force in relation to the safety zone; or in the case of a greenhouse gas safety zone—that is excluded from the operation of section 617 in relation to that safety zone because: the vessel is specified in the notice establishing the safety zone; or the vessel is included in a class of vessels specified in the notice establishing the safety zone; or in the case of a greenhouse gas safety zone—for which a written consent of NOPSEMA under subsection 617(1) is in force in relation to the safety zone.
in the case of a petroleum safety zone—that is excluded from the operation of section 616 in relation to that safety zone because:
the vessel is specified in the notice establishing the safety zone; or
the vessel is included in a class of vessels specified in the notice establishing the safety zone; or
in the case of a petroleum safety zone—for which a written consent of NOPSEMA under subsection 616(1) is in force in relation to the safety zone; or
in the case of a greenhouse gas safety zone—that is excluded from the operation of section 617 in relation to that safety zone because:
the vessel is specified in the notice establishing the safety zone; or
the vessel is included in a class of vessels specified in the notice establishing the safety zone; or
in the case of a greenhouse gas safety zone—for which a written consent of NOPSEMA under subsection 617(1) is in force in relation to the safety zone.
foreign-flag vessel means a vessel that: under the law of a foreign country, is entitled to fly the flag of that country; and is flying that flag.
under the law of a foreign country, is entitled to fly the flag of that country; and
is flying that flag.
government body means:
the Commonwealth, a State or a Territory; or
a body corporate established for a public purpose by or under a law of the Commonwealth or of a State or Territory, other than:
the Western Australian Coastal Shipping Commission; or
(ii) the Transport Commission established under the Transport Act 1981 of Tasmania; or
(iii) a body corporate that is declared by regulations made under the Shipping Registration Act 1981 not to be a Government authority for the purposes of that Act.
Government vessel means:
a vessel that is beneficially owned by a government body; or
a vessel the whole possession and control of which is for the time being vested in a government body.
greenhouse gas safety zone means an area that is a safety zone for the purposes of section 617.
greenhouse gas well means a hole in the seabed or subsoil made by drilling, boring or any other means in connection with: exploration for potential greenhouse gas storage formations; or exploration for potential greenhouse gas injection sites; or the injection of a greenhouse gas substance into an identified greenhouse gas storage formation; or the injection, on an appraisal basis, of: a greenhouse gas substance; or air; or petroleum; or water; into a part of a geological formation.
exploration for potential greenhouse gas storage formations; or
exploration for potential greenhouse gas injection sites; or
the injection of a greenhouse gas substance into an identified greenhouse gas storage formation; or
the injection, on an appraisal basis, of:
a greenhouse gas substance; or
air; or
petroleum; or
water;
into a part of a geological formation.
master means the person having command or charge of the vessel.
owner, in relation to a vessel, means:
if the vessel is being operated by a person who:
does not own the vessel; and
has the whole possession and control of the vessel;
the person operating the vessel; or
in any other case—the person who owns the vessel.
petroleum safety zone means an area that is a safety zone for the purposes of section 616.
petroleum well means a hole in the seabed or subsoil made by drilling, boring or any other means in connection with: exploration for petroleum; or petroleum recovery operations; but does not include a seismic shot hole.
exploration for petroleum; or
petroleum recovery operations;
but does not include a seismic shot hole.
prescribed safety zone means a safety zone that is situated within any part of the area to which Schedule 2 applies that comprises waters of the sea that are not within the coastal waters of Victoria or within any area on the landward side of those coastal waters.
relevant vessel means:
Note: The area to which Schedule 2 applies is an area off the coast of Victoria.
a vessel that satisfies the following conditions:
(i) the vessel is registered under the Shipping Registration Act 1981;
the gross tonnage of the vessel specified in the certificate of registration of the vessel exceeds 200;
the vessel is not a Government vessel; or
a vessel that satisfies the following conditions:
(i) the vessel is not registered under the Shipping Registration Act 1981;
the vessel is permitted to be registered under that Act;
the vessel is not a foreign-flag vessel;
(iv) the tonnage length of the vessel equals or exceeds 24 metres (for this purpose, the tonnage length is to be determined in the same manner as it is determined for the purposes of the Shipping Registration Act 1981);
the vessel is not a Government vessel; or
a vessel that satisfies the following conditions:
the vessel is not a vessel to which paragraph (a) or (b) applies;
the vessel is in the offshore area for the purpose of exploring the seabed or subsoil of the offshore area for petroleum or minerals or for the purpose of exploiting the petroleum or minerals which occur as natural resources of that seabed or subsoil;
the vessel is not a Government vessel; or
a vessel that satisfies the following conditions:
the vessel is not a vessel to which paragraph (a) or (b) applies;
the vessel is in the offshore area for the purpose of exploring the seabed or subsoil of the offshore area for a potential greenhouse gas storage formation or a potential greenhouse gas injection site;
the vessel is not a Government vessel; or
a vessel that satisfies the following conditions:
the vessel is not a vessel to which paragraph (a) or (b) applies;
the vessel is in the offshore area for purposes relating to the injection of a greenhouse gas substance into, or the storage of a greenhouse gas substance in, the seabed or subsoil of the offshore area;
the vessel is not a Government vessel.
safety zone means:
a greenhouse gas safety zone; or
a petroleum safety zone.
terrorist activity includes an activity involving extortion.
(1) For the purposes of this Part, an authorised person is:
a member or special member of the Australian Federal Police; or
a member of the police force of a State or Territory; or
a member of the Defence Force; or
(d) an officer of Customs within the meaning of the Customs Act 1901; or
a person who is an authorised person because of a declaration under subsection (2).
(2) NOPSEMA may, by notice published in the Gazette, declare that a person, or a person included in a specified class of persons, is an authorised person for the purposes of this Part.
Declaration
A declaration under subsection (2) is not a legislative instrument.
Prohibition
(1) For the purpose of protecting a petroleum well, a structure, or any equipment, in an offshore area, NOPSEMA may, by notice published in the Gazette, prohibit:
all vessels; or
all vessels other than specified vessels; or
all vessels other than the vessels included in specified classes of vessels;
from entering or being present in a specified area (the petroleum safety zone) surrounding the petroleum well, structure or equipment without the written consent of NOPSEMA.
A petroleum safety zone specified in a notice under subsection (1) may extend to a distance of 500 metres around the well, structure or equipment specified in the notice, where that distance is measured from each point of the outer edge of the well, structure or equipment.
Offences
A person commits an offence if:
the person is the owner or master of a vessel; and
the vessel is subject to a notice under subsection (1); and
in breach of the notice, the vessel enters or is present in the petroleum safety zone specified in the notice.
Penalty: Imprisonment for 15 years.
The fault element for paragraph (3)(c) is intention.
A person commits an offence if:
the person is the owner or master of a vessel; and
the vessel is subject to a notice under subsection (1); and
in breach of the notice, the vessel enters or is present in the petroleum safety zone specified in the notice.
Penalty: Imprisonment for 12.5 years.
The fault element for paragraph (5)(c) is recklessness.
A person commits an offence if:
the person is the owner or master of a vessel; and
the vessel is subject to a notice under subsection (1); and
in breach of the notice, the vessel enters or is present in the petroleum safety zone specified in the notice.
Penalty: Imprisonment for 10 years.
The fault element for paragraph (7)(c) is negligence.
A person commits an offence if:
the person is the owner or master of a vessel; and
the vessel is subject to a notice under subsection (1); and
in breach of the notice, the vessel enters or is present in the petroleum safety zone specified in the notice.
Penalty: Imprisonment for 5 years.
An offence against subsection (9) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Notice
A notice under subsection (1) is not a legislative instrument.
Prohibition
(1) For the purpose of protecting a greenhouse gas well, a structure, or any equipment, in an offshore area, NOPSEMA may, by notice published in the Gazette, prohibit:
all vessels; or
all vessels other than specified vessels; or
all vessels other than the vessels included in specified classes of vessels;
from entering or being present in a specified area (the greenhouse gas safety zone) surrounding the greenhouse gas well, structure or equipment without the written consent of NOPSEMA.
A greenhouse gas safety zone specified in a notice under subsection (1) may extend to a distance of 500 metres around the well, structure or equipment specified in the notice, where that distance is measured from each point of the outer edge of the well, structure or equipment.
Offences
A person commits an offence if:
the person is the owner or master of a vessel; and
the vessel is subject to a notice under subsection (1); and
in breach of the notice, the vessel enters or is present in the greenhouse gas safety zone specified in the notice.
Penalty: Imprisonment for 15 years.
The fault element for paragraph (3)(c) is intention.
A person commits an offence if:
the person is the owner or master of a vessel; and
the vessel is subject to a notice under subsection (1); and
in breach of the notice, the vessel enters or is present in the greenhouse gas safety zone specified in the notice.
Penalty: Imprisonment for 12.5 years.
The fault element for paragraph (5)(c) is recklessness.
A person commits an offence if:
the person is the owner or master of a vessel; and
the vessel is subject to a notice under subsection (1); and
in breach of the notice, the vessel enters or is present in the greenhouse gas safety zone specified in the notice.
Penalty: Imprisonment for 10 years.
The fault element for paragraph (7)(c) is negligence.
A person commits an offence if:
the person is the owner or master of a vessel; and
the vessel is subject to a notice under subsection (1); and
in breach of the notice, the vessel enters or is present in the greenhouse gas safety zone specified in the notice.
Penalty: Imprisonment for 5 years.
An offence against subsection (9) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Notice
A notice under subsection (1) is not a legislative instrument.
Application for authorisation
The owner of a vessel may apply to NOPSEMA for the grant of an authorisation for the vessel to enter, and to be present in, the area to be avoided.
An application under subsection (1) must be in writing.
Grant of authorisation
If an application is made under subsection (1) in relation to a vessel, NOPSEMA may, by written notice given to the applicant, authorise the vessel to enter, and to be present in, the area to be avoided.
Conditions
An authorisation under subsection (3) is subject to such conditions as are specified in the notice of authorisation.
Revocation of authorisation
If an authorisation under subsection (3) is in force in relation to a vessel, NOPSEMA may, by written notice given to the owner of the vessel, revoke the authorisation.
A person commits an offence if:
the person is the owner or master of a relevant vessel; and
the vessel is not an exempt vessel in relation to a prescribed safety zone; and
the vessel enters or is present in the area to be avoided otherwise than in accordance with an authorisation in force in relation to the vessel under subsection 618(3).
Penalty: Imprisonment for 7.5 years.
The fault element for paragraph (1)(c) is intention.
A person commits an offence if:
the person is the owner or master of a relevant vessel; and
the vessel is not an exempt vessel in relation to a prescribed safety zone; and
the vessel enters or is present in the area to be avoided otherwise than in accordance with an authorisation in force in relation to the vessel under subsection 618(3).
Penalty: Imprisonment for 6.25 years.
The fault element for paragraph (3)(c) is recklessness.
A person commits an offence if:
the person is the owner or master of a relevant vessel; and
the vessel is not an exempt vessel in relation to a prescribed safety zone; and
the vessel enters or is present in the area to be avoided otherwise than in accordance with an authorisation in force in relation to the vessel under subsection 618(3).
Penalty: Imprisonment for 5 years.
The fault element for paragraph (5)(c) is negligence.
A person commits an offence if:
the person is the owner or master of a relevant vessel; and
the vessel is not an exempt vessel in relation to a prescribed safety zone; and
the vessel enters or is present in the area to be avoided otherwise than in accordance with an authorisation in force in relation to the vessel under subsection 618(3).
Penalty: Imprisonment for 2.5 years.
An offence against subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
In a prosecution for an offence against subsection (1), (3), (5) or (7), it is a defence if the defendant proves that:
an unforeseen emergency rendered it necessary for the vessel to enter or be present in the area in order to attempt to secure the safety of:
the vessel; or
another vessel; or
any well, pipeline, structure or equipment; or
human life; or
the vessel entered or was present in the area in circumstances not under the control of the person who was in charge of the navigational watch of the vessel.
Note: A defendant bears a legal burden in relation to the matter in subsection (9)—see Criminal Code.section 13.4 of the
An authorised person may:
require the master of a vessel that satisfies the following conditions:
the vessel is a relevant vessel, or the authorised person has reasonable grounds to believe that the vessel is a relevant vessel;
the vessel is in the area to be avoided otherwise than in accordance with an authorisation in force in relation to the vessel under subsection 618(3);
the vessel is not an exempt vessel in relation to a prescribed safety zone;
to take the vessel outside the area to be avoided; or
require the master of a vessel that satisfies the following conditions:
the vessel is in a safety zone;
the vessel is not an exempt vessel in relation to the safety zone;
to take the vessel outside the safety zone; or
require the master of a disabled vessel that satisfies any of the following conditions:
the vessel is in the area to be avoided, and either the vessel is a relevant vessel or the authorised person has reasonable grounds to believe that the vessel is a relevant vessel;
the vessel is in a safety zone;
the vessel is a relevant vessel (or the authorised person has reasonable grounds to believe that the vessel is a relevant vessel), and the authorised person has reasonable grounds to believe that the vessel is likely to cause damage to any well, pipeline, structure or equipment in the area to be avoided or in a safety zone;
to permit the vessel to be towed away from the area to be avoided or the safety zone, as the case requires, or to accept the giving of such other assistance to the vessel as the authorised person considers necessary.
Offences
A person commits an offence if:
the person is subject to a requirement under subsection (1); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 50 penalty units.
A person commits an offence if:
the person engages in conduct; and
the conduct obstructs or hinders an authorised person who is acting under subsection (1).
Penalty: 50 penalty units.
Note: The same conduct may be an offence against both subsection (3) of this section and Criminal Code.section 149.1 of the
Civil penalties
A person is liable to a civil penalty if the person contravenes a requirement under subsection (1).
Civil penalty: 350 penalty units.
A person is liable to a civil penalty if the person obstructs or hinders an authorised person who is acting under subsection (1).
Civil penalty: 350 penalty units.
An authorised person may:
board a vessel that the authorised person has reasonable grounds to believe has been used, is being used or is about to be used in contravention of section 616, 617 or 619; or
if the authorised person has boarded a vessel in the exercise of powers under paragraph (a):
require any person on board the vessel to answer questions relating to the vessel or to the movements of the vessel; or
require the master of the vessel to state whether a consent under subsection 616(1) or 617(1), or an authorisation under subsection 618(3), is in force in relation to the vessel and, if so, to produce the consent or authorisation, as the case may be; or
(iii) if the vessel is registered under the Shipping Registration Act 1981—require the master of the vessel to produce the certificate of registration of the vessel; or
search the vessel for any documents relating to the vessel or to the movements of the vessel; or
if the following conditions are satisfied in relation to a vessel:
the vessel is in, or is near, the area to be avoided;
(ii) the authorised person has reasonable grounds to believe that the vessel is a vessel of the kind referred to in paragraph (b) of the definition of relevant vessel in section 614;
no authorisation under subsection 618(3) is in force in relation to the vessel;
the vessel is not an exempt vessel in relation to a prescribed safety zone;
require the master of the vessel to permit the authorised person to take measurements of the vessel; or
detain a vessel that the authorised person has reasonable grounds to believe has been used in contravention of section 616, 617 or 619.
An authorised person may exercise powers under subsection (1) in relation to a vessel only:
in accordance with a warrant issued under section 622; or
after obtaining the consent of the master of the vessel; or
in circumstances of seriousness and urgency, in accordance with section 623.
Offences
A person commits an offence if:
the person is subject to a requirement under subsection (1); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 50 penalty units.
A person must facilitate, by all reasonable means, the boarding of a vessel by an authorised person under subsection (1).
A person commits an offence if:
the person is subject to a requirement under subsection (4); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 50 penalty units.
An offence against subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
A person must allow a search authorised under subsection (1) to be made by an authorised person.
A person commits an offence if:
the person is subject to a requirement under subsection (7); and
the person omits to do an act; and
the omission breaches the requirement.
Penalty: 50 penalty units.
A person commits an offence if:
the person engages in conduct; and
the conduct obstructs or hinders an authorised person who is acting under subsection (1).
Penalty: 50 penalty units.
(10) A person (the first person) commits an offence if:
an authorised person requires the first person to give information under subsection (1); and
the first person gives information; and
the first person does so knowing that the information is false or misleading in a material particular.
Penalty: 50 penalty units.
Note: The same conduct may be an offence against both subsection (10) of this section and Criminal Code.section 137.1 of the
Civil penalties
A person is liable to a civil penalty if the person contravenes a requirement under subsection (1), (4) or (7).
Civil penalty: 90 penalty units.
A person is liable to a civil penalty if the person obstructs or hinders an authorised person who is acting under subsection (1).
Civil penalty: 90 penalty units.
If:
an information on oath or affirmation is laid before a Magistrate alleging that there are reasonable grounds to believe that a vessel has been used, is being used or is about to be used in contravention of section 616, 617 or 619; and
the information sets out those grounds and identifies the vessel;
the Magistrate may issue a warrant authorising an authorised person named in the warrant, with such assistance as the authorised person thinks necessary, to exercise any or all of the powers referred to in subsection 621(1) in relation to that vessel.
A Magistrate may issue a warrant under subsection (1) only if:
the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.
A warrant issued under subsection (1) must:
specify the purpose for which the warrant is issued; and
set out a description of the vessel in relation to which the warrant is issued; and
specify a day as the day on which the warrant ceases to have effect.
The day specified under paragraph (3)(c) must not be later than 7 days after the day on which the warrant is issued.
An authorised person may exercise, in relation to a vessel, any or all of the powers referred to in subsection 621(1) if:
the authorised person has reasonable grounds to believe that:
the vessel has been used, is being used or is about to be used in contravention of section 616, 617 or 619; or
the exercise of those powers is necessary to prevent damage being caused to any well, pipeline, structure or equipment in the area to be avoided or in a safety zone; and
the circumstances are of such a serious nature as to require and justify the immediate exercise of those powers without the authority of a warrant issued under section 622.
Royalty payable under the Royalty Act in relation to petroleum recovered during a royalty period is due and payable at the end of the next royalty period.
In this section:
royalty period has the same meaning as in the Royalty Act.
Provisional value
If:
an amount is payable under subsection 16(2) of the Royalty Act; and
paragraph 16(1)(a) of the Royalty Act applies;
the amount is due and payable at the end of the next royalty period following the royalty period in which the agreement or determination mentioned in that paragraph was made.
Error in calculation etc.
If:
an amount is payable by a person under subsection 16(2) of the Royalty Act; and
paragraph 16(1)(b) of the Royalty Act applies;
the amount is due and payable at the end of the next royalty period following the royalty period in which the error mentioned in that paragraph was notified to the person.
Definition
In this section:
royalty period has the same meaning as in the Royalty Act.
This section applies if royalty payable by a person under the Royalty Act remains unpaid after the time when it became due for payment.
The person is liable to pay a penalty accruing from the time the royalty became due for payment until it is paid in full.
The penalty is calculated at the rate of 0.333333% per day on the amount of the royalty remaining unpaid.
A penalty is not payable under this section in relation to any period before the end of 7 days after the value of the petroleum was agreed or determined under section 12 of the Royalty Act.
(5) An amount payable under this section is to be known as a late payment penalty.
In this section:
royalty includes an amount under subsection 16(2) of the Royalty Act.
(1) For the purposes of this section, a royalty debt is:
an amount of royalty under the Royalty Act that is due and payable by a person; or
an amount under subsection 16(2) of the Royalty Act that is due and payable by a person; or
an amount of late payment penalty under section 633 of this Act.
A royalty debt is a debt due to the Commonwealth.
A royalty debt may be recovered by the Commonwealth by action in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
The following amounts are payable to the Titles Administrator on behalf of the Commonwealth:
an amount of royalty under the Royalty Act; or
an amount under subsection 16(2) of the Royalty Act; or
an amount of late payment penalty under section 633 of this Act.
Each of the following fees is payable to the Titles Administrator on behalf of the Commonwealth:
a fee under subsection 256(2);
a fee under subsection 427(2);
a fee under subsection 483(2);
a fee under subsection 485(2);
a fee under subsection 515(1) or (2);
a fee under subsection 516(2) or (4);
a fee under subsection 516A(1);
a fee under subsection 534(2);
a fee under subsection 536(2);
a fee under subsection 564(1) or (2);
a fee under subsection 565(2) or (4);
a fee under subsection 565A(1);
a fee under subsection 566M(1);
a fee under section 566ZD;
a fee under subsection 566ZE(1) or (3);
a fee under regulations made for the purposes of paragraph 712(2)(c) or 713(2)(c);
a fee under regulations made for the purposes of paragraph 738(2)(c);
a fee under regulations made for the purposes of paragraph 739(2)(c);
a fee under Schedule 5 that is payable because of a requirement of the Titles Administrator.
Schedule 3 has effect.
(1) The following provisions are the listed OHS laws for the purposes of this Act:
section 603 or 609 of this Act, to the extent to which the conduct prohibited by that section results in:
damage to, or interference with, a facility (within the meaning of Schedule 3 to this Act); or
interference with any operations or activities being carried out, or any works being executed, on, by means of, or in connection with, a facility (within the meaning of Schedule 3 to this Act);
where the damage or interference, as the case may be, affects, or has the potential to affect, the health or safety of members of the workforce at a facility (within the meaning of Schedule 3 to this Act);
Schedule 3 to this Act;
regulations made for the purposes of Schedule 3 to this Act;
prescribed regulations, or a prescribed provision of regulations, made under this Act;
a prescribed provision of regulations made under this Act, to the extent to which that provision relates to occupational health and safety matters.
(1A) A listed OHS law includes a requirement made under a provision listed in subsection (1).
The regulations may make provision in relation to the health and safety of persons at or near a regulated operations site who are under the control of a person who is carrying on a regulated operation.
Regulations made for the purposes of subsection (1) may:
require a person who is carrying on a regulated operation to establish and maintain a system of management to secure the health and safety of persons referred to in that subsection; and
specify requirements with which the system must comply.
Subsection (2) does not limit subsection (1).
Note: Under subsection 80(3), the application in an offshore area of State or Territory laws is subject to regulations made under this Act.
Commonwealth maritime legislation does not apply in relation to:
a facility located in the offshore area of a State or Territory; or
a person at such a facility; or
a person near such a facility, to the extent to which the person is affected by:
such a facility; or
activities that take place at such a facility; or
activities that take place at such a facility.
Note 1: Instead, a facility located in the offshore area of a State or Territory will be covered by the listed OHS laws.
Note 2: The offshore area of a State or Territory is defined by section 8.
However, subsection (1) does not prevent the application of Commonwealth maritime legislation to the extent that it relates to the transfer of persons or goods between a ship and a facility.
Note: In these cases, Commonwealth maritime legislation will generally apply in addition to the listed OHS laws.
Subsection (1) applies subject to:
(a) Navigation Act 2012; andsection 342A of the
rules made under that section.
Note: That section allows rules to be made dealing with the interaction between this Act and the Navigation Act 2012.
In this section:
Commonwealth maritime legislation means:
(a) the Navigation Act 2012, other than section 342A of that Act; and
(b) the Occupational Health and Safety (Maritime Industry) Act 1993; and
(c) any subordinate legislation under either of those Acts, other than rules made under Navigation Act 2012.section 342A of the
facility has the same meaning as in Schedule 3.
ship means any kind of vessel that:
is used in navigation by water, however propelled or moved; and
is not, for the time being, a facility or part of a facility.
Note: See also Part 1.4, which deals with the application of State and Northern Territory laws.
This section applies in relation to an area in the designated coastal waters of a State or of the Northern Territory if the relevant State or Territory PSLA and regulations under the relevant State or Territory PSLA, in their application to that area, substantially correspond to the listed OHS laws.
Commonwealth maritime legislation is disapplied in that area to the same extent as Commonwealth maritime legislation is disapplied in the offshore area.
(2A) Subsection (2) applies subject to rules made under Navigation Act 2012.section 342A of the
Note: That section allows rules to be made dealing with the interaction between State or Territory PSLAs (and regulations made under them) and the Navigation Act 2012.
In this section:
Commonwealth maritime legislation has the same meaning as in section 640.
designated coastal waters, in relation to a State or the Northern Territory, has the same meaning as in Part 6.9.
State PSLA has the same meaning as in Part 6.9.
Territory PSLA has the same meaning as in Part 6.9.
The following is a simplified outline of this Part:
• There is to be a National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA).
• NOPSEMA has functions in relation to the occupational health and safety of persons engaged in:
offshore petroleum operations; or
offshore greenhouse gas storage operations.
• NOPSEMA also has functions in relation to:
the structural integrity of facilities, wells and well-related equipment; and
environmental management; and
information sharing.
• There is to be a Chief Executive Officer (CEO) of NOPSEMA.
• There is to be a National Offshore Petroleum Safety and Environmental Management Authority Board.
• The main function of the Board is to give advice, and make recommendations, to the CEO about the operational policies and strategies to be followed by NOPSEMA in the performance of its functions.
In this Part, unless the contrary intention appears:
Board means the National Offshore Petroleum Safety and Environmental Management Authority Board continued in existence by section 653.
Board member means a member of the Board, and includes the Chair of the Board.
CEO means the Chief Executive Officer of NOPSEMA.
Commonwealth waters means the waters of the sea that comprise the offshore areas of each State and of each Territory, the Bayu-Undan pipeline international offshore area and the Greater Sunrise pipeline international offshore area.
declared oil pollution emergency has the same meaning as in Schedule 2A.
designated coastal waters, in relation to a State or the Northern Territory, has the meaning given by section 644.
facility means:
Note: The offshore area of a State or Territory is defined by section 8.
a facility (within the meaning of Schedule 3) located in Commonwealth waters; or
if there are provisions of a State or Territory PSLA that substantially correspond to Schedule 3 to this Act to the extent to which that Schedule relates to offshore petroleum operations—a vessel, structure or other thing that:
is located in the designated coastal waters of the State or of the Northern Territory, as the case may be; and
would have been a facility (within the meaning of Schedule 3 to this Act) if subclauses 4(5A) to (5E) of that Schedule had not been enacted and the vessel, structure, or thing had been located in Commonwealth waters; or
if there are provisions of a State or Territory PSLA that substantially correspond to Schedule 3 to this Act to the extent to which that Schedule relates to offshore greenhouse gas storage operations—a vessel, structure or other thing that:
is located in the designated coastal waters of the State or of the Northern Territory, as the case may be; and
would have been a facility (within the meaning of Schedule 3 to this Act) if subclauses 4(1) to (5) of that Schedule had not been enacted and the vessel, structure, or thing had been located in Commonwealth waters.
For the purposes of paragraphs (b) and (c), assume that a reference in Schedule 3 to this Act to a pipeline licence includes a reference to a pipeline licence under a State or Territory PSLA.
Greenhouse Gas Storage Ministerial Council means:
if there is a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to:
the injection of greenhouse gas substances into parts of geological formations; and
the permanent storage of greenhouse gas substances in parts of geological formations;
that body; or
in any other case—the Ministers responsible for mineral and energy resources matters.
NOPSEMA waters means:
Commonwealth waters; and
the designated coastal waters of each State and of the Northern Territory.
Northern Territory Greenhouse Gas Storage Minister means:
the Minister of the Northern Territory who is responsible for matters relating to:
the injection of greenhouse gas substances into parts of geological formations; and
the permanent storage of greenhouse gas substances in parts of geological formations; or
another Minister of the Northern Territory acting for and on behalf of the Minister referred to in paragraph (a).
Northern Territory Petroleum Minister means:
the Minister of the Northern Territory who is responsible for the Territory PSLA; or
another Minister of the Northern Territory acting for and on behalf of the Minister referred to in paragraph (a).
offshore greenhouse gas storage environmental management means the prevention, management, mitigation or remediation of the environmental impacts of regulated operations that relate to: the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or the injection of a greenhouse gas substance into the seabed or subsoil; or the permanent storage of a greenhouse gas substance in the seabed or subsoil; or the compression, processing, offloading, piped conveyance or pre-injection storage of a greenhouse gas substance; or the monitoring of a greenhouse gas substance stored in the seabed or subsoil.
the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or
the injection of a greenhouse gas substance into the seabed or subsoil; or
the permanent storage of a greenhouse gas substance in the seabed or subsoil; or
the compression, processing, offloading, piped conveyance or pre-injection storage of a greenhouse gas substance; or
the monitoring of a greenhouse gas substance stored in the seabed or subsoil.
offshore greenhouse gas storage operations means any regulated operations (including diving operations) that: relate to: the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or the injection of a greenhouse gas substance into the seabed or subsoil; or the permanent storage of a greenhouse gas substance in the seabed or subsoil; or the compression, processing, offloading, piped conveyance or pre-injection storage of a greenhouse gas substance; or the monitoring of a greenhouse gas substance stored in the seabed or subsoil; and if the operations are diving operations—take place in NOPSEMA waters; and if the operations are not diving operations—take place: in NOPSEMA waters; and at a facility. For the purposes of the application of this definition to paragraph 646(gp), disregard subparagraph (c)(ii) of this definition.
relate to:
the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or
the injection of a greenhouse gas substance into the seabed or subsoil; or
the permanent storage of a greenhouse gas substance in the seabed or subsoil; or
the compression, processing, offloading, piped conveyance or pre-injection storage of a greenhouse gas substance; or
the monitoring of a greenhouse gas substance stored in the seabed or subsoil; and
if the operations are diving operations—take place in NOPSEMA waters; and
if the operations are not diving operations—take place:
in NOPSEMA waters; and
at a facility.
For the purposes of the application of this definition to paragraph 646(gp), disregard subparagraph (c)(ii) of this definition.
offshore petroleum environmental management means the prevention, management, mitigation or remediation of the environmental impacts of regulated operations that relate to: the exploration for petroleum; or the recovery, processing, storage, offloading or piped conveyance of petroleum.
the exploration for petroleum; or
the recovery, processing, storage, offloading or piped conveyance of petroleum.
offshore petroleum operations means any regulated operations (including diving operations) that: relate to: the exploration for petroleum; or the recovery, processing, storage, offloading or piped conveyance of petroleum; and if the operations are diving operations—take place in NOPSEMA waters; and if the operations are not diving operations—take place: in NOPSEMA waters; and at a facility.
relate to:
the exploration for petroleum; or
the recovery, processing, storage, offloading or piped conveyance of petroleum; and
if the operations are diving operations—take place in NOPSEMA waters; and
if the operations are not diving operations—take place:
in NOPSEMA waters; and
at a facility.
regulated operation includes an activity to which the core regulatory provisions of a State or Territory PSLA apply. For this purpose, the core regulatory provisions are the provisions that substantially correspond to Chapter 2 or 3 of this Act.
significant offshore petroleum incident has the meaning given by section 576A.
State Greenhouse Gas Storage Minister, in relation to a State, means:
the Minister of that State who is responsible for matters relating to:
the injection of greenhouse gas substances into parts of geological formations; and
the permanent storage of greenhouse gas substances in parts of geological formations; or
another Minister of that State acting for and on behalf of the Minister referred to in paragraph (a).
State Petroleum Minister, in relation to a State, means:
the Minister of that State who is responsible for the State PSLA; or
another Minister of that State acting for and on behalf of the Minister referred to in paragraph (a).
State PSLA means:
(a) in relation to New South Wales—the Petroleum (Submerged Lands) Act 1982 of that State or such other law of that State as is prescribed by the regulations for the purposes of this paragraph; or
(b) in relation to Victoria—the Offshore Petroleum and Greenhouse Gas Storage Act 2010 of that State or such other law of that State as is prescribed by the regulations for the purposes of this paragraph; or
(c) in relation to Queensland—the Petroleum (Submerged Lands) Act 1982 of that State or such other law of that State as is prescribed by the regulations for the purposes of this paragraph; or
(d) in relation to Western Australia—the Petroleum (Submerged Lands) Act 1982 of that State or such other law of that State as is prescribed by the regulations for the purposes of this paragraph; or
(e) in relation to South Australia—the Petroleum (Submerged Lands) Act 1982 of that State or such other law of that State as is prescribed by the regulations for the purposes of this paragraph; or
(f) in relation to Tasmania—the Petroleum (Submerged Lands) Act 1982 of that State or such other law of that State as is prescribed by the regulations for the purposes of this paragraph.
Territory PSLA means the Petroleum (Submerged Lands) Act 1981 (NT) or such other law of the Northern Territory as is prescribed by the regulations for the purposes of this paragraph.
For the purposes of this Part, designated coastal waters, in relation to a State or the Northern Territory, means so much of the scheduled area for the State or Territory as consists of any waters of the sea that are on the landward side of the offshore area of the State or Territory.
The body known immediately before the commencement of this section as the National Offshore Petroleum Safety Authority is continued in existence as the National Offshore Petroleum Safety and Environmental Management Authority.
Note 1: In this Act, NOPSEMA means the National Offshore Petroleum Safety and Environmental Management Authority—see section 7.
Note 2: See also Acts Interpretation Act 1901.section 25B of the
NOPSEMA has the following functions:
the functions conferred on it by or under this Act in relation to occupational health and safety matters in connection with offshore petroleum operations or offshore greenhouse gas storage operations in Commonwealth waters;
the functions conferred on it by or under a State PSLA or the Territory PSLA in relation to occupational health and safety matters in connection with offshore petroleum operations or offshore greenhouse gas storage operations in the designated coastal waters of that State or Territory;
to promote the occupational health and safety of persons engaged in offshore petroleum operations or offshore greenhouse gas storage operations;
to develop and implement effective monitoring and enforcement strategies to secure compliance by persons with their occupational health and safety obligations under this Act and the regulations;
to:
investigate accidents, occurrences and circumstances that affect, or have the potential to affect, the occupational health and safety of persons engaged in offshore petroleum operations or offshore greenhouse gas storage operations in Commonwealth waters; and
report, as appropriate, to the responsible Commonwealth Minister, and to State and Northern Territory Petroleum Ministers, on those investigations;
to advise persons, either on its own initiative or on request, on occupational health and safety matters relating to offshore petroleum operations or offshore greenhouse gas storage operations;
to make reports, including recommendations, to:
the responsible Commonwealth Minister; and
each State and Northern Territory Petroleum Minister;
on issues relating to the occupational health and safety of persons engaged in offshore petroleum operations or offshore greenhouse gas storage operations;
the functions conferred on it by or under this Act in relation to the structural integrity of:
facilities (within the meaning of Schedule 3); or
wells; or
well-related equipment;
located in Commonwealth waters;
the functions conferred on it by or under a State PSLA or the Territory PSLA in relation to the structural integrity of:
facilities; or
wells; or
well-related equipment;
located in the designated coastal waters of that State or Territory;
to develop and implement effective monitoring and enforcement strategies to ensure compliance by persons with their obligations under a structural integrity law;
to investigate accidents, occurrences and circumstances that involve, or may involve, deficiencies in the structural integrity of:
facilities (within the meaning of Schedule 3); or
wells; or
well-related equipment;
located in Commonwealth waters;
to report, as appropriate, to the responsible Commonwealth Minister, and to State and Northern Territory Petroleum Ministers, on investigations covered by paragraph (gd);
to advise persons, either on its own initiative or on request, on matters relating to the structural integrity of:
facilities (within the meaning of Schedule 3); or
wells; or
well-related equipment;
located in Commonwealth waters;
the functions conferred on it by or under this Act in relation to offshore petroleum environmental management in connection with operations in Commonwealth waters;
the functions conferred on it by or under this Act in relation to offshore greenhouse gas storage environmental management in connection with operations in Commonwealth waters;
the functions conferred on it by or under a State PSLA or the Territory PSLA in relation to offshore petroleum environmental management in connection with operations in the designated coastal waters of that State or Territory;
the functions conferred on it by or under a State PSLA or the Territory PSLA in relation to offshore greenhouse gas storage environmental management in connection with operations in the designated coastal waters of that State or Territory;
to develop and implement effective monitoring and enforcement strategies to ensure compliance by persons with their obligations under an environmental management law;
to investigate accidents, occurrences and circumstances that involve, or may involve, deficiencies in:
offshore petroleum environmental management in connection with operations in Commonwealth waters; or
offshore greenhouse gas storage environmental management in connection with operations in Commonwealth waters;
to report, as appropriate, to the responsible Commonwealth Minister, and to State and Northern Territory Petroleum Ministers, on investigations covered by paragraph (gl);
to advise persons, either on its own initiative or on request, on matters relating to offshore petroleum environmental management;
to advise persons, either on its own initiative or on request, on matters relating to offshore greenhouse gas storage environmental management;
when requested by the responsible Commonwealth Minister, to provide information, assessments, analysis, reports, advice and recommendations to the responsible Commonwealth Minister in relation to the performance of the responsible Commonwealth Minister’s functions, or the exercise of the responsible Commonwealth Minister’s powers, in relation to offshore greenhouse gas storage operations;
to develop and implement effective monitoring and enforcement strategies to ensure compliance by persons with their obligations under this Act and the regulations (other than the obligations referred to in paragraphs (d), (gc) and (gk));
to cooperate with the Titles Administrator in matters relating to the administration and enforcement of this Act and the regulations;
to cooperate with:
other Commonwealth agencies or authorities having functions relating to regulated operations; and
State and Northern Territory agencies or authorities having functions relating to regulated operations;
to provide information and things to other Commonwealth agencies or authorities;
to provide information and things for the purposes of the recipient managing or responding to:
a serious situation relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380; or
a significant offshore petroleum incident in relation to which it has given a direction in accordance with section 576B; or
a declared oil pollution emergency;
such other functions as are conferred on it by or under this Act;
to do anything incidental to or conducive to the performance of any of the above functions.
Note 1: For a limitation on the conferral of the functions referred to in paragraphs (b), (gi) and (gj), see subsection 646A(1A).
Note 2: For a limitation on the conferral of the functions referred to in paragraph (gb), see subsection 646A(1B).
Constitutional limits—waters within the limits of a State or Territory
A State PSLA or the Territory PSLA must not confer functions on NOPSEMA in connection with operations in waters of the sea within the limits of the State or Territory unless:
the operations are carried on by a constitutional corporation; or
the operations relate to vessels, structures or other things that are owned or controlled, or that are being constructed, operated or decommissioned, by a constitutional corporation.
A State PSLA or the Territory PSLA must not confer functions on NOPSEMA in relation to the structural integrity of facilities, wells or well-related equipment located in waters of the sea within the limits of the State or Territory unless the facilities, wells or well-related equipment:
are owned or controlled by a constitutional corporation; or
are being constructed, operated or decommissioned, by a constitutional corporation.
Limits on petroleum functions
Section 646 does not authorise NOPSEMA to perform a function that is:
mentioned in a State petroleum functions provision; and
conferred by or under a particular State PSLA or the Territory PSLA;
unless:
the functions mentioned in paragraph 646(b), to the extent to which it relates to occupational health and safety matters in connection with offshore petroleum operations, are conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be; and
the functions mentioned in paragraph 646(gb), to the extent to which it relates to structural integrity in connection with:
the exploration for petroleum; or
the recovery, processing, storage, offloading or piped conveyance of petroleum;
are conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be; and
there are provisions of the State PSLA or Territory PSLA, as the case may be, that substantially correspond to Schedule 3 to this Act as in force:
at the commencement of this section; or
at any later time; and
there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of any of the following:
(i) the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 as those regulations were in force on 1 January 2012 or at any later time;
any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time; and
there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of any of the following:
(i) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 as those regulations were in force on 1 January 2012 or at any later time;
any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time; and
if the function mentioned in paragraph 646(gi) is conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be—there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of any of the following:
(i) the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 as those regulations were in force on 1 January 2012 or at any later time;
any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time.
Note 1: For State petroleum functions provision, see subsection (3).
Note 2: For petroleum provisions, see subsection (4).
Subsection (1) does not apply to the performance of a function by NOPSEMA during the period of 12 months beginning on the commencement of this section.
(3) For the purposes of this section, State petroleum functions provision means:
paragraph 646(b) to the extent to which it relates to occupational health and safety matters in connection with offshore petroleum operations; or
paragraph 646(gb) to the extent to which it relates to structural integrity in connection with:
the exploration for petroleum; or
the recovery, processing, storage, offloading or piped conveyance of petroleum; or
paragraph 646(gi).
(4) For the purposes of this section, petroleum provisions means provisions to the extent to which they relate to:
the exploration for petroleum; or
the recovery, processing, storage, offloading or piped conveyance of petroleum.
Limits on greenhouse gas storage functions
Section 646 does not authorise NOPSEMA to perform a function that is:
mentioned in a State greenhouse gas storage functions provision; and
conferred by or under a particular State PSLA or the Territory PSLA;
unless:
the functions mentioned in paragraph 646(b), to the extent to which it relates to occupational health and safety matters in connection with offshore greenhouse gas storage operations, are conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be; and
the functions mentioned in paragraph 646(gb), to the extent to which it relates to structural integrity in connection with:
the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or
the injection of a greenhouse gas substance into the seabed or subsoil; or
the permanent storage of a greenhouse gas substance in the seabed or subsoil; or
the compression, processing, offloading, piped conveyance or pre-injection storage of a greenhouse gas substance; or
the monitoring of a greenhouse gas substance stored in the seabed or subsoil;
are conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be; and
there are provisions of the State PSLA or Territory PSLA, as the case may be, that substantially correspond to Schedule 3 to this Act as in force:
at the commencement of this subsection; or
at any later time; and
there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the greenhouse gas storage provisions of the following:
any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time; and
if the function mentioned in paragraph 646(gj) is conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be—there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the greenhouse gas storage provisions of the following:
any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time.
Note 1: For State greenhouse gas storage functions provision, see subsection (6).
Note 2: For greenhouse gas storage provisions, see subsection (8).
(6) For the purposes of this section, State greenhouse gas storage functions provision means:
paragraph 646(b), to the extent to which it relates to occupational health and safety matters in connection with offshore greenhouse gas storage operations; or
paragraph 646(gb), to the extent to which it relates to structural integrity in connection with:
the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or
the injection of a greenhouse gas substance into the seabed or subsoil; or
the permanent storage of a greenhouse gas substance in the seabed or subsoil; or
the compression, processing, offloading, piped conveyance or pre-injection storage of a greenhouse gas substance; or
the monitoring of a greenhouse gas substance stored in the seabed or subsoil; or
paragraph 646(gj).
(8) For the purposes of this section, greenhouse gas storage provisions means provisions to the extent to which they relate to:
the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or
the injection of a greenhouse gas substance into the seabed or subsoil; or
the permanent storage of a greenhouse gas substance in the seabed or subsoil; or
the compression, processing, offloading, piped conveyance or pre-injection storage of a greenhouse gas substance; or
the monitoring of a greenhouse gas substance stored in the seabed or subsoil.
Limits relating to cost recovery
A State PSLA or the Territory PSLA must not confer functions on NOPSEMA:
in connection with operations in; or
in relation to the structural integrity of facilities, wells or well-related equipment located in;
so much of the designated coastal waters of the State or the Northern Territory, as the case may be, as are on the landward side of the territorial sea unless:
there is an agreement between the responsible Commonwealth Minister and the responsible State Minister, or the responsible Northern Territory Minister, as the case may be, that deals with measures to be implemented by the State or the Northern Territory, as the case may be, for the payment of amounts to NOPSEMA in respect of the performance of some or all of those functions; and
those measures have been implemented by the State or the Northern Territory, as the case may be.
For the purpose of subsection (9), assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.
The responsible Commonwealth Minister may give written policy principles to NOPSEMA about the performance of its functions.
Note: For agreement and consultation requirements, see subsections (2) and (3).
The responsible Commonwealth Minister must not give a policy principle that relates wholly or principally to NOPSEMA’s operations in the designated coastal waters of one or more of the States and the Northern Territory unless the responsible Commonwealth Minister has obtained the agreement of each State or Northern Territory Petroleum Minister concerned.
Before giving a policy principle that is not covered by subsection (2), the responsible Commonwealth Minister must consult each State and Northern Territory Petroleum Minister.
The responsible Commonwealth Minister must cause a copy of the policy principles to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which they were given to NOPSEMA.
NOPSEMA must comply with the policy principles (if any) when performing its functions.
A policy principle is a legislative instrument.
NOPSEMA has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
NOPSEMA’s powers include, but are not limited to, the following powers:
the power to acquire, hold and dispose of real and personal property;
the power to enter into contracts;
the power to lease the whole or any part of any land or building for the purposes of NOPSEMA;
the power to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of NOPSEMA;
the power to conduct research and development projects and to cooperate with others in such projects;
the power to apply for and hold patents and exploit patents;
the power to do anything incidental to any of its functions.
For the avoidance of doubt, a reference in this Part to the functions or powers of NOPSEMA includes a reference to the functions or powers conferred on NOPSEMA by or under a State or Territory PSLA.
A reference in this Act to the functions or powers of NOPSEMA does not include a reference to any functions or powers of NOPSEMA in its capacity as the Offshore Infrastructure Regulator.
Note: For an equivalent of this section in the Offshore Electricity Infrastructure Act 2021, see subsection 175(2) of that Act.
Subsection (1) does not prevent NOPSEMA from exercising a power mentioned in subsection 648(2) in its capacity as the Offshore Infrastructure Regulator.
States and the Northern Territory
NOPSEMA may provide services, under a contract entered into by NOPSEMA, to:
a State or the Northern Territory; or
an agency or authority of a State or the Northern Territory;
where:
the services relate to the regulation of:
the exploration for petroleum; or
the recovery, processing, storage, offloading or piped conveyance of petroleum;
on or in:
land, or waters (not being designated coastal waters), within the limits of the State or Territory; or
the designated coastal waters of the State or Territory; and
if the services are to be provided on land that is, or in waters that are, within the limits of the State or Territory:
the services relate to the regulation of activities carried on by a constitutional corporation; or
the services relate to the regulation of vessels, structures or other things that are owned or controlled, or that are being constructed, operated or decommissioned, by a constitutional corporation; and
the contract is approved in writing by the responsible Commonwealth Minister.
Foreign countries
NOPSEMA may provide services, under a contract entered into by NOPSEMA, to:
the government of a foreign country; or
an agency or authority of a foreign country; or
the government of part of a foreign country; or
an agency or authority of part of a foreign country;
where:
the services relate to the regulation of:
the exploration for petroleum; or
the recovery, processing, storage, offloading or piped conveyance of petroleum;
outside Australia; and
the contract is approved in writing by the responsible Commonwealth Minister.
Before giving an approval under paragraph (3)(f), the responsible Commonwealth Minister must consult the Foreign Affairs Minister.
Provision of services not to impede other functions
Subsections (1) and (3) do not authorise NOPSEMA to provide a service if the provision of the service would:
impede NOPSEMA’s capacity to perform its other functions; or
impede NOPSEMA’s capacity to perform the functions of the Offshore Infrastructure Regulator.
Certain governance provision do not apply
The following provisions:
section 647;
Division 3;
section 667;
Division 5;
section 685;
section 690;
section 692;
section 693;
section 694;
do not apply in relation to a power conferred by subsection (1) or (3) of this section.
(6A) The annual report prepared by the CEO and given to the Minister under Public Governance, Performance and Accountability Act 2013 for a period is not required to include information about a service provided under a contract mentioned in subsection (1) or (3) of this section.section 46 of the
Definitions
In this section:
Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.
regulation includes investigation.
NOPSEMA:
is a body corporate; and
must have a seal; and
may sue and be sued.
Seal
The seal of NOPSEMA must be kept in such custody as the CEO directs, and must not be used except as authorised by the CEO.
All courts, judges and persons acting judicially must:
take judicial notice of the imprint of the seal of NOPSEMA appearing on a document; and
presume that the document was duly sealed.
Subdivision A—Establishment, functions and membership
The body known immediately before the commencement of this section as the National Offshore Petroleum Safety Authority Board is continued in existence as the National Offshore Petroleum Safety and Environmental Management Authority Board.
Note: See also Acts Interpretation Act 1901.section 25B of the
The Board has the following functions:
to give advice, and make recommendations, to the CEO about the operational policies and strategies to be followed by NOPSEMA in the performance of its functions;
to give advice, and make recommendations, to:
the responsible Commonwealth Minister; and
a State Petroleum Minister; and
the Northern Territory Petroleum Minister; and
the Ministers responsible for mineral and energy resources matters;
about any or all of the following:
policy or strategic matters relating to the occupational health and safety of persons engaged in offshore petroleum operations;
policy or strategic matters relating to the structural integrity of facilities, wells or well-related equipment that are in NOPSEMA waters;
policy or strategic matters relating to offshore petroleum environmental management;
the performance by NOPSEMA of its functions;
to give advice, and make recommendations, to:
the responsible Commonwealth Minister; and
a State Greenhouse Gas Storage Minister; and
the Northern Territory Greenhouse Gas Storage Minister; and
the Greenhouse Gas Storage Ministerial Council;
about any or all of the following:
policy or strategic matters relating to the occupational health and safety of persons engaged in offshore greenhouse gas storage operations;
policy or strategic matters relating to offshore greenhouse gas storage environmental management;
the performance by NOPSEMA of its functions;
such other functions (if any) as are specified in a written notice given by the responsible Commonwealth Minister to the Chair of the Board.
A notice under paragraph (1)(d) is not a legislative instrument.
As soon as practicable after the Board gives advice, or makes recommendations, under paragraph (1)(b) to:
a State Petroleum Minister; or
the Northern Territory Petroleum Minister; or
the Ministers responsible for mineral and energy resources matters;
the Board must give the responsible Commonwealth Minister a written copy of that advice or those recommendations.
As soon as practicable after the Board gives advice, or makes recommendations, under paragraph (1)(c) to:
a State Greenhouse Gas Storage Minister; and
the Northern Territory Greenhouse Gas Storage Minister; and
the Greenhouse Gas Storage Ministerial Council;
the Board must give the responsible Commonwealth Minister a written copy of that advice or those recommendations.
The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
The Board consists of the following members:
a Chair;
at least 5, and not more than 7, other members.
Note: Section 18B of the Acts Interpretation Act 1901 deals with the title of the Chair.
The performance of the functions, or the exercise of the powers, of the Board is not affected only because of there being a vacancy or vacancies in the membership of the Board.
Board members are to be appointed by the responsible Commonwealth Minister by written instrument.
Note: A Board member may be reappointed: see Acts Interpretation Act 1901.section 33AA of the
Each person appointed as a Board member must have been selected for appointment by the Ministers responsible for mineral and energy resources matters.
Note: The Chair is a Board member appointed by the responsible Commonwealth Minister as the Chair.
Subdivision B—Board procedures
The responsible Commonwealth Minister may, by writing, determine matters relating to the operation of the Board, including (but not limited to) the following:
procedures for convening Board meetings;
the constitution of a quorum for a Board meeting;
procedures for conducting Board meetings, including (but not limited to) the way the Board may resolve matters;
disclosure of interests;
Board records;
reporting requirements, including (but not limited to) reports to the responsible Commonwealth Minister and to the public.
If no determination is in force for the purposes of a paragraph of subsection (1), the Board may operate in the way it determines in respect of the matters described in that paragraph.
A determination under subsection (1) is a legislative instrument.
A determination under subsection (2) is not a legislative instrument.
Subdivision C—Terms and conditions for Board members
A Board member is to be appointed on a part-time basis.
A Board member holds office for the period that is specified in the instrument of appointment. The period must not exceed 3 years.
Note: A Board member may be reappointed: see Acts Interpretation Act 1901.section 33AA of the
A Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Board member is to be paid the remuneration that is determined by the responsible Commonwealth Minister.
However, if a Board member is in full-time employment with:
a State or the Northern Territory; or
an instrumentality of a State or of the Northern Territory;
the Board member is not to be paid remuneration under subsection (1).
A Board member is to be paid the allowances that are prescribed.
(4) This section has effect subject to the Remuneration Tribunal Act 1973.
The responsible Commonwealth Minister may grant leave of absence to the Chair of the Board on the terms and conditions that the responsible Commonwealth Minister determines.
The Chair of the Board may grant leave of absence to another Board member on the terms and conditions that the Chair determines.
A Board member may resign his or her appointment by giving the responsible Commonwealth Minister a written resignation.
The responsible Commonwealth Minister may terminate the appointment of a Board member for misbehaviour or physical or mental incapacity.
The responsible Commonwealth Minister may terminate the appointment of a Board member if:
the member:
becomes bankrupt; or
applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
compounds with his or her creditors; or
makes an assignment of his or her remuneration for the benefit of his or her creditors; or
the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or
the member fails, without reasonable excuse, to comply with a section 657 determination to the extent to which the determination relates to disclosure of interests; or
the responsible Commonwealth Minister is satisfied that the performance of the member has been unsatisfactory for a significant period.
The responsible Commonwealth Minister must consult all State Petroleum Ministers and the Northern Territory Petroleum Minister before terminating the appointment of a Board member.
A Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the responsible Commonwealth Minister.
The responsible Commonwealth Minister may appoint a person to act as the Chair of the Board:
during a vacancy in the office of Chair of the Board, whether or not an appointment has previously been made to the office; or
during any period, or during all periods, when the Chair of the Board is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the
The responsible Commonwealth Minister may appoint a person to act as a Board member (other than the Chair of the Board):
during a vacancy in the office of a Board member (other than the Chair of the Board), whether or not an appointment has previously been made to the office; or
during any period, or during all periods, when a Board member (other than the Chair of the Board) is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the
There is to be a Chief Executive Officer of NOPSEMA.
Note: See also Acts Interpretation Act 1901.section 25B of the
The CEO is to be appointed by the responsible Commonwealth Minister by written instrument.
The responsible Commonwealth Minister must not appoint a person as CEO unless the person is recommended to the responsible Commonwealth Minister by the Ministers responsible for mineral and energy resources matters.
The CEO is to be appointed on a full-time basis.
The CEO holds office for the period that is specified in the instrument of appointment. The period must not exceed 5 years.
Note: The CEO may be reappointed: see Acts Interpretation Act 1901.section 33AA of the
The CEO is responsible for managing NOPSEMA.
Anything done by the CEO in the name of NOPSEMA or on NOPSEMA’s behalf is taken to have been done by NOPSEMA.
(3) For the purposes of the Public Governance, Performance and Accountability Act 2013, the CEO is the accountable authority of NOPSEMA.
The CEO must request the Board’s advice on strategic matters relating to the performance of NOPSEMA’s functions.
The CEO must have regard to the advice given to him or her by the Board (whether or not the advice was given in response to a request).
The CEO must:
keep the Board informed of NOPSEMA’s operations; and
give the Board such reports, documents and information in relation to those operations as the Chair of the Board reasonably requires.
The CEO may attend Board meetings as an observer (including by telephone or other means).
To avoid doubt, the CEO is not subject to direction by the Board in relation to the CEO’s performance of functions, or exercise of powers, under the following Acts in relation to NOPSEMA:
(a) the Public Governance, Performance and Accountability Act 2013;
(b) the Public Service Act 1999.
The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is determined by the responsible Commonwealth Minister.
The CEO is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.
The responsible Commonwealth Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the responsible Commonwealth Minister determines.
The CEO may resign his or her appointment by giving the responsible Commonwealth Minister a written resignation.
Termination
The responsible Commonwealth Minister may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.
The responsible Commonwealth Minister may terminate the appointment of the CEO if:
the CEO:
becomes bankrupt; or
applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
compounds with his or her creditors; or
makes an assignment of his or her remuneration for the benefit of his or her creditors; or
the CEO is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
the CEO engages, except with the responsible Commonwealth Minister’s approval, in paid employment outside the duties of his or her office; or
(d) the CEO fails, without reasonable excuse, to comply with Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; orsection 29 of the
the responsible Commonwealth Minister is satisfied that the performance of the CEO has been unsatisfactory for a significant period.
Conflict of interest
(3) If the responsible Commonwealth Minister becomes aware, whether because of a disclosure under Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or otherwise, that the CEO has a material personal interest that could conflict with the proper performance of the CEO’s duties, the responsible Commonwealth Minister must make a written determination either that the interest does, or that it does not, pose a significant risk of a conflict of interest.section 29 of the
If the responsible Commonwealth Minister determines that the interest poses a significant risk, the responsible Commonwealth Minister must require the CEO to dispose of that interest within a period specified by the responsible Commonwealth Minister.
If:
the responsible Commonwealth Minister requires the CEO to dispose of an interest; and
the CEO refuses or fails to comply with that requirement;
the responsible Commonwealth Minister must terminate the appointment of the CEO.
Duties relating to the Offshore Infrastructure Regulator
To avoid doubt, the reference to the CEO’s duties in subsection (3) includes the CEO’s duties in respect of NOPSEMA in its capacity as the Offshore Infrastructure Regulator.
The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the responsible Commonwealth Minister.
The responsible Commonwealth Minister may appoint a person to act as the CEO:
during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or
during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the
The CEO may, by writing, delegate any or all of his or her functions or powers (except a power conferred by section 611G or 602) to:
a member of staff of NOPSEMA; or
an employee of the Commonwealth or of a Commonwealth authority; or
an employee of a State or of the Northern Territory or of an authority of a State or of the Northern Territory.
In performing functions or exercising powers under the delegation, the delegate must comply with any directions of the CEO.
Note: See sections 34AA to 34A of the Acts Interpretation Act 1901.
(1) The staff of NOPSEMA must be persons engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and
the CEO is the Head of that Statutory Agency.
The CEO may engage consultants to perform services for NOPSEMA in connection with the performance of any of its functions or the exercise of any of its powers.
The terms and conditions of engagement of persons engaged under subsection (1) are such as the CEO determines in writing.
NOPSEMA may also be assisted:
(a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999), and of authorities of the Commonwealth; or
by officers and employees of, or of authorities of, a State or the Northern Territory;
whose services are made available to NOPSEMA in connection with the performance of any of its functions or the exercise of any of its powers.
An instrument under subsection (3) is not a legislative instrument.
The corporate plan prepared by the CEO under Public Governance, Performance and Accountability Act 2013 must consist of the following parts:section 35 of the
a part that relates to the activities of NOPSEMA in its capacity as the Offshore Infrastructure Regulator;
a part that relates to all other activities of NOPSEMA.
The part of the corporate plan referred to in paragraph 677A(b) must include details of the following matters:
an analysis of risk factors likely to affect the safety of offshore petroleum operations or offshore greenhouse gas storage operations;
an analysis of risk factors likely to affect the structural integrity of facilities, wells or well-related equipment that are in NOPSEMA waters;
an analysis of risk factors likely to affect offshore petroleum environmental management or offshore greenhouse gas storage environmental management;
human resource strategies and industrial relations strategies.
That part of the corporate plan must include details of an analysis of risk factors in respect of the matters referred to in paragraphs (1)(a), (b) and (c) only to the extent that NOPSEMA has functions in relation to those matters.
That part of the corporate plan must also cover any other matters required by the responsible Commonwealth Minister, which may include further details about the matters mentioned in subsection (1).
(3) Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to any part of a corporate plan prepared by the CEO.
On receiving the corporate plan, the responsible Commonwealth Minister must:
provide a copy of the part of the plan mentioned in paragraph 677A(b) to each State and Northern Territory Petroleum Minister; and
consult those Ministers on the content of that part; and
provide a copy of the part of the plan mentioned in paragraph 677A(a) to the OEI Minister; and
consult the OEI Minister on the content of that part.
The responsible Commonwealth Minister must respond to the plan as soon as practicable after completion of those consultations.
The responsible Commonwealth Minister’s response may include a written direction to the CEO to vary the plan. However, a direction under this subsection must not be given in respect of occupational health and safety matters relating to:
particular offshore petroleum operations; or
particular offshore greenhouse gas storage operations; or
(c) particular offshore infrastructure activities (within the meaning of the Offshore Electricity Infrastructure Act 2021).
The responsible Commonwealth Minister’s response must set out the reasons for giving a direction.
If the responsible Commonwealth Minister’s response includes a direction to vary the corporate plan, the CEO must prepare a revised plan and give it to the responsible Commonwealth Minister within 30 days after being given the response.
The responsible Commonwealth Minister must not approve, or direct the variation of, a part of a corporate plan that relates specifically to operations of NOPSEMA in the designated coastal waters of one or more of the States without the approval of the State Petroleum Minister or State Petroleum Ministers concerned.
The responsible Commonwealth Minister must not approve, or direct the variation of, a part of a corporate plan that relates specifically to operations of NOPSEMA in the designated coastal waters of the Northern Territory without the approval of the Northern Territory Petroleum Minister.
The responsible Commonwealth Minister must not approve, or direct the variation of, the part of a corporate plan mentioned in paragraph 677A(a) without the approval of the OEI Minister.
The Commonwealth must pay to NOPSEMA amounts equal to:
such money as is appropriated by the Parliament for the purposes of NOPSEMA; and
amounts debited from the National Offshore Petroleum Titles Administrator Special Account under subsection 602B(2) (about NOPSEMA inspectors); and
the following amounts paid to NOPSEMA on behalf of the Commonwealth:
amounts paid by way of safety investigation levy imposed by the Regulatory Levies Act;
amounts paid by way of late payment penalty under subsection 686(2); and
the following amounts paid to NOPSEMA on behalf of the Commonwealth:
amounts paid by way of safety case levy imposed by the Regulatory Levies Act;
amounts paid by way of late payment penalty under subsection 687(4); and
the following amounts paid to NOPSEMA on behalf of the Commonwealth:
amounts paid by way of well investigation levy imposed by the Regulatory Levies Act;
amounts paid by way of late payment penalty under subsection 688(2); and
the following amounts paid to NOPSEMA on behalf of the Commonwealth:
amounts paid by way of annual well levy imposed by the Regulatory Levies Act;
amounts paid by way of late payment penalty under subsection 688A(2); and
the following amounts paid to NOPSEMA on behalf of the Commonwealth:
amounts paid by way of well activity levy imposed by the Regulatory Levies Act;
amounts paid by way of late payment penalty under subsection 688B(2); and
the following amounts paid to NOPSEMA on behalf of the Commonwealth:
amounts paid by way of environment plan levy imposed by the Regulatory Levies Act;
amounts paid by way of late payment penalty under subsection 688C(2); and
any other amounts paid to NOPSEMA, on behalf of the Commonwealth, by a State or the Northern Territory; and
any other amounts paid to NOPSEMA on behalf of the Commonwealth.
The Finance Minister may give directions about the amounts in which, and the times at which, money payable under paragraph (1)(a) is to be paid to NOPSEMA.
If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.
If an amount referred to in any of paragraphs (1)(b) to (j) is refunded by the Commonwealth, NOPSEMA must pay to the Commonwealth an amount equal to the refund.
The responsible Commonwealth Minister may, on behalf of the Commonwealth, set off an amount payable by NOPSEMA under subsection (4) against an amount that is payable to NOPSEMA under subsection (1).
Amounts payable under paragraphs (1)(b) to (j) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
In this section:
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
The money of NOPSEMA is to be applied only:
in payment or discharge of the costs, expenses and other obligations incurred by NOPSEMA in the performance of its functions and the exercise of its powers; and
in payment of any remuneration or allowances payable under this Act.
(2) Subsection (1) does not prevent investment, under Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of NOPSEMA.section 59 of the
(3) Subsection (1) does not apply to money to which Offshore Electricity Infrastructure Act 2021 applies.section 187 of the
Note: Section 187 of the Offshore Electricity Infrastructure Act 2021 applies to money of NOPSEMA paid under that Act by the Commonwealth to NOPSEMA in its capacity as the Offshore Infrastructure Regulator.
Fees
The regulations may provide for the payment to NOPSEMA of fees in respect of matters in relation to which expenses are incurred by NOPSEMA under this Act or the regulations, including, but not limited to, fees in respect of, or for applications for:
the registration of a person under regulations made for the purposes of subclause 5(1) of Schedule 3; or
the issue, variation or transfer of licences granted under regulations made for the purposes of paragraph 17(3)(g) of Schedule 3.
Subsection (1) does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.
Recovery of fees
Each fee:
is a debt due to NOPSEMA; and
is recoverable by NOPSEMA in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
When safety investigation levy becomes due and payable
Safety investigation levy imposed by the Regulatory Levies Act becomes due and payable at the time specified in, or worked out in accordance with, the regulations.
Late payment penalty
If safety investigation levy payable by a person under the Regulatory Levies Act remains wholly or partly unpaid after it becomes due and payable, the person is liable to pay a late payment penalty under this section.
The late payment penalty is calculated at the rate of 0.333333% per day on the amount of the safety investigation levy remaining unpaid.
NOPSEMA may remit the whole or a part of an amount of late payment penalty if NOPSEMA considers that there are good reasons for doing so.
Recovery of safety investigation levy and late payment penalty
Each amount of safety investigation levy, and each amount of late payment penalty payable in respect of safety investigation levy:
is a debt due to NOPSEMA on behalf of the Commonwealth; and
is recoverable by NOPSEMA, on behalf of the Commonwealth, in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Remittal or refund
The regulations may make provision for the remittal or refund of part of an amount of safety case levy imposed by the Regulatory Levies Act in respect of a facility and a year if:
the facility is of a kind declared by the regulations to be a facility that operates on an intermittent basis; and
the facility in fact only operates for a part of that year.
The regulations may make provision for the remittal or refund of part of an amount of safety case levy imposed by the Regulatory Levies Act in respect of a facility and a part of a year if:
the facility is of a kind declared by the regulations to be a facility that operates on an intermittent basis; and
the facility in fact only operates for a part of that part of the year.
When safety case levy becomes due and payable
Safety case levy imposed by the Regulatory Levies Act becomes due and payable at the time specified in, or worked out in accordance with, the regulations.
Late payment penalty
If safety case levy payable by a person under the Regulatory Levies Act remains wholly or partly unpaid after it becomes due and payable, the person is liable to pay a late payment penalty under this section.
The late payment penalty is calculated at the rate of 0.333333% per day on the amount of the safety case levy remaining unpaid.
NOPSEMA may remit the whole or a part of an amount of late payment penalty if NOPSEMA considers that there are good reasons for doing so.
Recovery of safety case levy and late payment penalty
Each amount of safety case levy, and each amount of late payment penalty payable in respect of safety case levy:
is a debt due to NOPSEMA on behalf of the Commonwealth; and
is recoverable by NOPSEMA, on behalf of the Commonwealth, in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Definitions
In this section:
facility:
in relation to safety case levy imposed by section 7 of the Regulatory Levies Act—has the same meaning as in that section; or
in relation to safety case levy imposed by section 8 of the Regulatory Levies Act—has the same meaning as in that section.
year has the same meaning as in the Regulatory Levies Act.
When well investigation levy becomes due and payable
Well investigation levy imposed by the Regulatory Levies Act becomes due and payable at the time specified in, or worked out in accordance with, the regulations.
Late payment penalty
If well investigation levy payable by a person under the Regulatory Levies Act remains wholly or partly unpaid after it becomes due and payable, the person is liable to pay a late payment penalty under this section.
The late payment penalty is calculated at the rate of 0.333333% per day on the amount of the well investigation levy remaining unpaid.
NOPSEMA may remit the whole or a part of an amount of late payment penalty if NOPSEMA considers that there are good reasons for doing so.
Recovery of well investigation levy and late payment penalty
Each amount of well investigation levy, and each amount of late payment penalty payable in respect of well investigation levy:
is a debt due to NOPSEMA on behalf of the Commonwealth; and
is recoverable by NOPSEMA, on behalf of the Commonwealth, in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
When annual well levy becomes due and payable
Annual well levy imposed by the Regulatory Levies Act becomes due and payable at the time specified in, or worked out in accordance with, the regulations.
Late payment penalty
If annual well levy payable by a person under the Regulatory Levies Act remains wholly or partly unpaid after it becomes due and payable, the person is liable to pay a late payment penalty under this section.
The late payment penalty is calculated at the rate of 0.333333% per day on the amount of the annual well levy remaining unpaid.
NOPSEMA may remit the whole or a part of an amount of late payment penalty if NOPSEMA considers that there are good reasons for doing so.
Recovery of annual well levy and late payment penalty
Each amount of annual well levy, and each amount of late payment penalty payable in respect of annual well levy:
is a debt due to NOPSEMA on behalf of the Commonwealth; and
is recoverable by NOPSEMA, on behalf of the Commonwealth, in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
When well activity levy becomes due and payable
Well activity levy imposed by the Regulatory Levies Act becomes due and payable at the time specified in, or worked out in accordance with, the regulations.
Late payment penalty
If well activity levy payable by a person under the Regulatory Levies Act remains wholly or partly unpaid after it becomes due and payable, the person is liable to pay a late payment penalty under this section.
The late payment penalty is calculated at the rate of 0.333333% per day on the amount of the well activity levy remaining unpaid.
NOPSEMA may remit the whole or a part of an amount of late payment penalty if NOPSEMA considers that there are good reasons for doing so.
Recovery of well activity levy and late payment penalty
Each amount of well activity levy, and each amount of late payment penalty payable in respect of well activity levy:
is a debt due to NOPSEMA on behalf of the Commonwealth; and
is recoverable by NOPSEMA, on behalf of the Commonwealth, in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Remittal or refund
The regulations may make provision for the remittal or refund of part of an amount of environment plan levy imposed by the Regulatory Levies Act.
When environment plan levy becomes due and payable
Environment plan levy imposed by the Regulatory Levies Act becomes due and payable at the time specified in, or worked out in accordance with, the regulations.
Late payment penalty
If environment plan levy payable under the Regulatory Levies Act remains wholly or partly unpaid after it becomes due and payable:
if the levy is payable by a single person—the person is liable to pay a late payment penalty under this section; or
if the levy is payable jointly and severally by 2 or more persons—those persons are jointly and severally liable to pay a late payment penalty under this section.
The late payment penalty is calculated at the rate of 0.333333% per day on the amount of the environment plan levy remaining unpaid.
NOPSEMA may remit the whole or a part of an amount of late payment penalty if NOPSEMA considers that there are good reasons for doing so.
Recovery of environment plan levy and late payment penalty
Each amount of environment plan levy, and each amount of late payment penalty payable in respect of environment plan levy:
is a debt due to NOPSEMA on behalf of the Commonwealth; and
is recoverable by NOPSEMA, on behalf of the Commonwealth, in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
NOPSEMA is not subject to taxation under the laws of the Commonwealth or of a State or Territory.
However, the regulations may provide that subsection (1) does not apply in relation to a specified law of the Commonwealth or of a State or Territory.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(1A) The annual report prepared by the CEO for the purposes of Public Governance, Performance and Accountability Act 2013 must consist of the following parts:section 46 of the
a part that relates to the activities of NOPSEMA in its capacity as the Offshore Infrastructure Regulator;
a part that relates to all other activities of NOPSEMA.
NOPSEMA
(1) The annual report prepared by the CEO and given to the Minister under Public Governance, Performance and Accountability Act 2013 must also be given by the CEO to:section 46 of the
each State Petroleum Minister; and
the Northern Territory Petroleum Minister; and
the Ministers responsible for mineral and energy resources matters.
A report mentioned in subsection (1) must include such other matters as are prescribed in the regulations.
Subsections (1) and (2) do not apply to the part of the report mentioned in paragraph (1A)(a).
Offshore Infrastructure Regulator
The part of the annual report mentioned in paragraph (1A)(a) must be given by the CEO to the Minister and the OEI Minister.
Board
The Chair of the Board must, as soon as practicable after 30 June in each year:
prepare and give to the responsible Commonwealth Minister a report of the Board’s operations during the year ending on that 30 June; and
give a copy of that report to:
each State Petroleum Minister; and
the Northern Territory Petroleum Minister; and
the Ministers responsible for mineral and energy resources matters.
Note: See also Acts Interpretation Act 1901.section 34C of the
Tabling of reports
The responsible Commonwealth Minister must cause a copy of the report mentioned in subsection (3) to be tabled in each House of the Parliament within 15 sitting days of that House after receiving the report.
Reports
The responsible Commonwealth Minister or a State or Northern Territory Petroleum Minister may, by written notice given to NOPSEMA, require NOPSEMA:
to prepare a report about one or more specified matters relating to the performance of NOPSEMA’s functions or the exercise of NOPSEMA’s powers; and
give a copy of the report to:
the responsible Commonwealth Minister; and
each State Petroleum Minister; and
the Northern Territory Petroleum Minister;
within the period specified in the notice.
Information
The responsible Commonwealth Minister or a State or Northern Territory Petroleum Minister may, by written notice given to NOPSEMA, require NOPSEMA to:
prepare a document setting out specified information relating to the performance of NOPSEMA’s functions or the exercise of NOPSEMA’s powers; and
give a copy of the document to:
the responsible Commonwealth Minister; and
each State Petroleum Minister; and
the Northern Territory Petroleum Minister;
within the period specified in the notice.
Compliance with requirement
NOPSEMA must comply with a requirement under subsection (1) or (2).
Reports and documents
A report under subsection (1) is not a legislative instrument.
A document under subsection (2) is not a legislative instrument.
Minister may give directions
The responsible Commonwealth Minister may give written directions to NOPSEMA as to the performance of its functions or the exercise of its powers.
Note: For agreement and consultation requirements, see subsections (7) and (11).
Directions given by the responsible Commonwealth Minister must not relate to regulated operations at a particular facility.
Subsection (2) does not prevent the responsible Commonwealth Minister from directing NOPSEMA to investigate a particular occurrence in relation to a facility located in NOPSEMA waters.
State/Northern Territory Petroleum Minister may request the responsible Commonwealth Minister to give a direction
A State Petroleum Minister or the Northern Territory Petroleum Minister may request the responsible Commonwealth Minister to give a direction to NOPSEMA that relates wholly or principally to NOPSEMA’s operations in the designated coastal waters of the relevant State or the Northern Territory, as the case may be.
The responsible Commonwealth Minister must use his or her best endeavours to make a decision on the request within 30 days after receiving the request.
If the responsible Commonwealth Minister refuses the request, the responsible Commonwealth Minister must give the Minister who made the request a written statement setting out the reasons for the refusal.
Agreement of State/Northern Territory Petroleum Ministers
(7) The responsible Commonwealth Minister must not give a direction that relates wholly or principally to NOPSEMA’s operations in the designated coastal waters of one or more of the States and the Northern Territory unless the responsible Commonwealth Minister has obtained the agreement of each State or Northern Territory Petroleum Minister concerned (the affected Minister or Ministers).
Urgency
If the responsible Commonwealth Minister is satisfied that the circumstances of a case are sufficiently urgent to warrant it, the responsible Commonwealth Minister may, despite subsection (7), give a direction to NOPSEMA without obtaining the agreement of the affected Minister or Ministers.
If the responsible Commonwealth Minister gives a direction as mentioned in subsection (8), the direction expires at the end of the 30-day period beginning on the day on which the direction was given unless, before the end of that period, the responsible Commonwealth Minister has obtained the agreement of the affected Minister or Ministers.
If a direction expires because of subsection (9), this Act does not prevent the responsible Commonwealth Minister from giving a subsequent direction in the same or similar terms as the expired direction.
Consultation with State/Northern Territory Petroleum Ministers
Before giving a direction that is not covered by subsection (7), the responsible Commonwealth Minister must consult each State and Northern Territory Petroleum Minister.
Compliance with directions
NOPSEMA must comply with any direction given by the responsible Commonwealth Minister under this section.
Other provisions do not limit this section
Sections 647 and 691 do not limit the scope of the directions that may be given by the responsible Commonwealth Minister under this section.
Directions
A direction under this section is a legislative instrument.
The Commonwealth Director of Public Prosecutions has the functions and powers (including the power to institute and carry on appeals arising out of prosecutions of offences) conferred on him or her by or under an Act or regulation of a State or of the Northern Territory in relation to offences under laws that substantially correspond to listed OHS laws.
If the laws of a State or of the Northern Territory confer appropriate powers and functions on the Fair Work Commission to do so, the Fair Work Commission may deal with appeals against decisions of a NOPSEMA inspector under laws or regulations of that State or Territory that substantially correspond to listed OHS laws in respect of which a similar decision can be the subject of an appeal under clause 81 of Schedule 3.
If the laws of a State or of the Northern Territory confer appropriate powers and functions on the Fair Work Commission to do so, the Fair Work Commission may deal with the resolution of matters under a law of that State or Territory that substantially corresponds to clause 23 of Schedule 3.
The responsible Commonwealth Minister must cause to be conducted reviews of the operation of NOPSEMA in relation to NOPSEMA waters.
Without limiting the matters to be covered by a review under subsection (1), the review must include an assessment of the effectiveness of NOPSEMA in bringing about improvements in:
the occupational health and safety of persons engaged in offshore petroleum operations or offshore greenhouse gas storage operations; and
the structural integrity of facilities, wells and well-related equipment; and
offshore petroleum environmental management; and
offshore greenhouse gas storage environmental management.
A State or Northern Territory Petroleum Minister may give the responsible Commonwealth Minister a written request that a particular review under subsection (1) be conducted in conjunction with another review that:
is a review of the operations of the NOPSEMA in the designated coastal waters of the State or of the Northern Territory, as the case may be; and
is being, or is to be, conducted by the State or Northern Territory Petroleum Minister at the same time.
The responsible Commonwealth Minister must ensure that the request is complied with.
Report
The responsible Commonwealth Minister must cause to be prepared a report of a review under subsection (1).
The responsible Commonwealth Minister must cause copies of a report under subsection (4) to be tabled in each House of the Parliament within 15 sitting days of that House after the report is made available to the responsible Commonwealth Minister.
First review
The first review is to relate to the 3-year period beginning at the commencement of this section, and is to be completed within 6 months, or such longer period as the responsible Commonwealth Minister allows, after the end of that 3-year period.
Subsequent reviews
Subsequent reviews are to relate to successive 5-year periods, and must be completed within 6 months, or such longer period as the responsible Commonwealth Minister allows, after the end of the 5-year period to which the review relates.
Definition
(8) For the purposes of this section, a review is completed when the report of the review is made available to the responsible Commonwealth Minister.
Offshore Infrastructure Regulator
This section does not apply in relation to any activities of NOPSEMA in its capacity as the Offshore Infrastructure Regulator.
The following is a simplified outline of this Part:
• There is to be a National Offshore Petroleum Titles Administrator (the Titles Administrator).
• The main functions of the Titles Administrator are:
assisting and advising the Joint Authority and the responsible Commonwealth Minister; and
keeping registers of titles; and
data and information management.
There is to be a National Offshore Petroleum Titles Administrator.
Note 1: In this Act, Titles Administrator means the National Offshore Petroleum Titles Administrator—see section 7.
Note 2: The National Offshore Petroleum Titles Administrator may also be appointed as the Offshore Infrastructure Registrar (see Offshore Electricity Infrastructure Act 2021).section 153 of the
The Titles Administrator is to be a person who is:
an SES employee in the Department; and
specified in a written instrument made by the Secretary.
An instrument under paragraph (2)(b) is not a legislative instrument.
The Titles Administrator has the following functions:
to provide information, assessments, analysis, reports, advice, recommendations and things to the responsible Commonwealth Minister in relation to the performance of the functions, or the exercise of the powers, of a Joint Authority;
to provide information, assessments, analysis, reports, advice, recommendations and things to the responsible State Minister, or responsible Northern Territory Minister, of a Joint Authority, as the case may be, in relation to the performance of the functions, or the exercise of the powers, of the Joint Authority;
to provide information, assessments, analysis, reports, advice, recommendations and things to the responsible Commonwealth Minister in relation to the performance of the functions, or the exercise of the powers, of a Cross-boundary Authority;
to provide information, assessments, analysis, reports, advice, recommendations and things to the responsible State Minister, or responsible Northern Territory Minister, of a Cross-boundary Authority, as the case may be, in relation to the performance of the functions, or the exercise of the powers, of the Cross-boundary Authority;
to provide information, assessments, analysis, reports, advice, recommendations and things to the responsible Commonwealth Minister in relation to the performance of the functions, or the exercise of the powers, of the responsible Commonwealth Minister under this Act or the regulations (other than in his or her capacity as, or as a member of, a Joint Authority or a Cross-boundary Authority);
to provide information, assessments, analysis, reports, advice, recommendations and things to:
the State Petroleum Minister (within the meaning of Part 6.9) in relation to the performance of the functions, or the exercise of the powers, of the State Petroleum Minister under the State PSLA (within the meaning of Part 6.9); and
the Northern Territory Petroleum Minister (within the meaning of Part 6.9) in relation to the performance of the functions, or the exercise of the powers, of the Northern Territory Petroleum Minister under the Territory PSLA (within the meaning of Part 6.9);
to cooperate with NOPSEMA in matters relating to the administration and enforcement of this Act and the regulations;
to cooperate with:
other Commonwealth agencies or authorities having functions relating to regulated operations (within the meaning of Part 6.9); and
State and Northern Territory agencies or authorities having functions relating to regulated operations (within the meaning of Part 6.9);
such other functions as are conferred on the Titles Administrator by or under this Act;
the functions conferred on the Titles Administrator by or under a State PSLA (within the meaning of Part 6.9) or the Territory PSLA (within the meaning of Part 6.9), so long as each function substantially corresponds to a function conferred on the Titles Administrator by or under this Act;
to provide information, assessments, analysis, reports, advice, recommendations and things to other Commonwealth agencies or authorities;
to provide information, assessments, analysis, reports, advice, recommendations and things for the purposes of the recipient managing or responding to:
a serious situation relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380; or
a significant offshore petroleum incident (within the meaning of Division 2A of Part 6.2) in relation to which NOPSEMA has given a direction in accordance with section 576B; or
a declared oil pollution emergency (within the meaning of Schedule 2A);
to do anything incidental to or conducive to the performance of any of the above functions.
Note: Other functions conferred on the Titles Administrator by or under this Act include:
keeping registers of titles under Chapters 4 and 5; and
data and information management under Chapters 7 and 8.
Subsection (1) does not authorise the Titles Administrator to perform a function mentioned in paragraph (1)(d) or (h) in relation to a State PSLA (within the meaning of Part 6.9) or the Territory PSLA (within the meaning of Part 6.9) unless there is in force an agreement between:
the Titles Administrator on behalf of the Commonwealth; and
the State Petroleum Minister (within the meaning of Part 6.9) of the State, or the Northern Territory Petroleum Minister (within the meaning of Part 6.9), as the case may be;
in relation to the performance of the function.
An agreement under subsection (2):
may deal with the fees payable by the State or Territory to the Titles Administrator, on behalf of the Commonwealth, for the performance of those functions; and
must be approved in writing by the responsible Commonwealth Minister.
The Secretary may, by written instrument, appoint a person to act as the Titles Administrator:
during a vacancy in the office of the Titles Administrator (whether or not an appointment has previously been made to the office); or
during any period, or during all periods, when the Titles Administrator:
is absent from duty or Australia; or
is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
A person is eligible for appointment to act as the Titles Administrator if:
the person is eligible for appointment as the Titles Administrator; or
the person is an acting SES employee in the Department.
The Titles Administrator may, by writing, delegate any or all of the Titles Administrator’s functions or powers to:
an SES employee, or acting SES employee, in the Department; or
an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent position, in the Department; or
an employee of a State or of the Northern Territory.
A delegate must comply with any written directions of the Titles Administrator.
Subsection (1) does not apply to a power to make, vary or revoke a legislative instrument.
Paragraphs (1)(b) and (c) do not apply to a power conferred by:
Division 3 of Part 7.1; or
Division 3 of Part 8.1.
Note: Division 3 of Part 7.1, and Division 3 of Part 8.1, deal with information-gathering powers.
The Titles Administrator is to be assisted by APS employees in the Department who are made available for the purpose by the Secretary.
The Titles Administrator may also be assisted:
(a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999) other than the Department; or
by officers and employees of authorities of the Commonwealth; or
by officers and employees of a State or Territory; or
by officers and employees of authorities of a State or Territory;
whose services are, with the written approval of the Secretary, made available to the Titles Administrator in connection with the performance of any of his or her functions.
The Titles Administrator may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to the Titles Administrator.
The consultants are to be engaged on the terms and conditions that the Titles Administrator determines in writing.
The National Offshore Petroleum Titles Administrator Special Account is established by this section.
(2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.
The following amounts must be credited to the Account:
amounts equal to amounts paid to the Titles Administrator on behalf of the Commonwealth by way of fees paid under regulations made for the purposes of subsection 695L(1);
amounts equal to the following amounts paid to the Titles Administrator on behalf of the Commonwealth:
amounts paid by way of annual titles administration levy imposed by the Regulatory Levies Act;
amounts paid by way of late payment penalty under subsection 695M(4);
amounts equal to any other amounts paid to the Titles Administrator, on behalf of the Commonwealth, by a State or the Northern Territory;
amounts equal to any other amounts paid to the Titles Administrator on behalf of the Commonwealth.
Note: An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account.
The purposes of the Account are as follows:
to pay or discharge the costs, expenses and other obligations incurred by the Commonwealth in connection with the performance of the Titles Administrator’s functions or the exercise of the Titles Administrator’s powers;
to pay any remuneration or allowances payable to:
the Titles Administrator; and
APS employees assisting the Titles Administrator under section 695E; and
any consultants engaged under section 695G.
Note: See Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).section 80 of the
The following amounts must be debited from the Account:
if a cash-bid petroleum exploration permit is granted to an applicant in accordance with section 113—an amount equal to the amount specified as the permit price in the offer document given to the applicant;
if a deposit paid by an applicant for the grant of a cash-bid petroleum exploration permit is forfeited to the Commonwealth under subsection 260A(2)—an amount equal to the amount of the deposit.
Note 1: Amounts equal to the amounts mentioned in this subsection are paid into the special account under section 695J. The effect of this subsection is to transfer those amounts from the special account to the general Consolidated Revenue Fund.
Note 2: Subsection 260A(2) provides for a deposit made by an applicant for the grant of a permit to be forfeited to the Commonwealth if the applicant fails to respond to an offer for the grant of the permit.
The Titles Administrator may, on behalf of the Commonwealth, charge such fees as are specified in the regulations for specified services provided by the Titles Administrator in performing a function, or exercising a power, of the Titles Administrator under this Act or the regulations.
A fee must not be such as to amount to taxation.
A fee:
is a debt due to the Titles Administrator on behalf of the Commonwealth; and
is recoverable by the Titles Administrator, on behalf of the Commonwealth, in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
Sections 256 and 427 do not limit, and are taken never to have limited, subsection (1) of this section.
Subsection (4) is enacted for the avoidance of doubt.
Scope
(1) This section applies in relation to annual titles administration levy imposed by the Regulatory Levies Act for a year on any of the following permits, leases or licences (each of which is a title):
a work-bid petroleum exploration permit;
a cash-bid petroleum exploration permit;
a special petroleum exploration permit;
a boundary-change petroleum exploration permit;
a petroleum retention lease;
a petroleum production licence;
an infrastructure licence;
a pipeline licence;
a work-bid greenhouse gas assessment permit;
a cross-boundary greenhouse gas assessment permit;
a greenhouse gas holding lease;
a greenhouse gas injection licence.
When annual titles administration levy becomes due and payable
Annual titles administration levy is due and payable at the end of 30 days after the first day of the year for which the levy is imposed.
Remittal or refund
The regulations may make provision for the remittal or refund of part (or all) of an amount of annual titles administration levy imposed on the title for a year if the title wholly or partly ceases (or will cease) to be in force before the end of the year.
Example: A petroleum exploration permit has been granted for a period of 6 years ending on 31 March 2015. The permit is extended under section 265 for a period of 6 months ending on 30 September 2015, after which it ceases to be in force. Annual titles administration levy is imposed under the Regulatory Levies Act for the year beginning on 1 April 2015.
Because the permit ceases to be in force before the end of the year beginning on 1 April 2015, the regulations may make provision for the remittal or refund of part (or all) of the amount of the levy imposed for that year.
Regulations made for the purposes of subsection (3) may provide for different amounts to be remitted or refunded depending on matters including the following:
when the title ceases (or will cease) to be in force;
the kind of title on which levy is imposed;
in the case of a title that partly ceases (or will cease) to be in force—the number of blocks, or the length of pipeline, as to which the title ceases (or will cease) to be in force.
Example: For paragraph (c), a title partly ceases to be in force if it is surrendered as to a certain number of blocks or a certain length of pipeline under section 271.
Late payment penalty
If annual titles administration levy payable by a person under the Regulatory Levies Act remains wholly or partly unpaid after it becomes due and payable, the person is liable to pay a late payment penalty under this section.
The late payment penalty is calculated at the rate of 0.333333% per day on the amount of the annual titles administration levy remaining unpaid.
The Titles Administrator may remit the whole or a part of an amount of late payment penalty if the Titles Administrator considers that there are good reasons for doing so.
Recovery of annual titles administration levy and late payment penalty
Each amount of annual titles administration levy, and each amount of late payment penalty payable in respect of titles administration levy:
is a debt due to the Titles Administrator on behalf of the Commonwealth; and
is recoverable by the Titles Administrator, on behalf of the Commonwealth, in:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
The Titles Administrator must, as soon as practicable after the end of each financial year, prepare and give to the responsible Commonwealth Minister, for presentation to the Parliament, a report on the Titles Administrator’s activities during that year.
Note: See also Acts Interpretation Act 1901, which contains extra rules about annual reports.section 34C of the
The Titles Administrator must give a copy of the report to:
each State Petroleum Minister (within the meaning of Part 6.9); and
each State Greenhouse Gas Storage Minister (within the meaning of Part 6.9); and
the Northern Territory Petroleum Minister (within the meaning of Part 6.9); and
the Northern Territory Greenhouse Gas Storage Minister (within the meaning of Part 6.9); and
the Ministers responsible for mineral and energy resources matters.
Offshore Infrastructure Registrar
If the Titles Administrator is appointed as the Offshore Infrastructure Registrar, this section does not apply in relation to any activities of the Titles Administrator in that capacity.
Note: See Offshore Electricity Infrastructure Act 2021.section 153 of the
The responsible Commonwealth Minister must cause to be conducted reviews of the activities of the Titles Administrator.
Without limiting the matters to be covered by a review under subsection (1), the review must include an assessment of the effectiveness of the Titles Administrator in contributing to the efficiency of decision-making by a Joint Authority for a State or the Northern Territory.
If the Titles Administrator has functions conferred on the Titles Administrator by or under a law of a State or the Northern Territory, a Minister of the State or the Northern Territory, as the case may be, may give the responsible Commonwealth Minister a written request that a particular review under subsection (1) be conducted in conjunction with another review that:
is a review of the activities of the Titles Administrator in the designated coastal waters of the State or of the Northern Territory, as the case may be; and
is being, or is to be, conducted by the Minister of the State or the Northern Territory, as the case may be, at the same time.
The responsible Commonwealth Minister must ensure that the request is complied with.
Report
The responsible Commonwealth Minister must cause to be prepared a report of a review under subsection (1).
The responsible Commonwealth Minister must cause copies of a report under subsection (4) to be tabled in each House of the Parliament within 15 sitting days of that House after the report is made available to the responsible Commonwealth Minister.
First review
The first review is to relate to the 3-year period beginning on the commencement of this section, and is to be completed within 6 months, or such longer period as the responsible Commonwealth Minister allows, after the end of that 3-year period.
Subsequent reviews
Subsequent reviews are to relate to successive 5-year periods, and must be completed within 6 months, or such longer period as the responsible Commonwealth Minister allows, after the end of the 5-year period to which the review relates.
Definition
(8) For the purposes of this section, a review is completed when the report of the review is made available to the responsible Commonwealth Minister.
Offshore Infrastructure Registrar
If the Titles Administrator is appointed as the Offshore Infrastructure Registrar, this section does not apply in relation to any activities of the Titles Administrator in that capacity.
Note: See Offshore Electricity Infrastructure Act 2021.section 153 of the
All courts must take judicial notice of:
the signature of a person who is, or has been:
the Titles Administrator; or
a delegate of the Titles Administrator; and
the fact that the person is, or was at a particular time:
the Titles Administrator; or
a delegate of the Titles Administrator.
In this section:
court includes a person authorised to receive evidence:
by a law of the Commonwealth, a State or a Territory; or
by consent of parties.
All communications to or by the responsible Commonwealth Minister under or for the purposes of this Act or the regulations are to be made through the Titles Administrator.
Subsection (1) does not apply to a communication to or by the responsible Commonwealth Minister in his or her capacity as, or as a member of, the Joint Authority for an offshore area.
The following is a simplified outline of this Part:
• This Part deals with using and making available certain information, documents and things obtained for the purposes of this Act.
• The information, documents and things may be:
used within NOPSEMA for the purpose of exercising any of its powers or performing any of its functions; and
shared between the responsible Commonwealth Minister, the Secretary, NOPSEMA, the Titles Administrator, each member of a Joint Authority and each member of a Cross-boundary Authority; and
shared between the persons mentioned in paragraph (b) and certain other agencies, including law enforcement agencies and State and Territory Government agencies.
In this Part:
CEO means the Chief Executive Officer of NOPSEMA.
declared oil pollution emergency has the same meaning as in Schedule 2A.
function includes duty.
significant offshore petroleum incident has the meaning given by section 576A.
thing includes a sample.
this Act includes a legislative instrument under this Act.
under this Act includes for the purposes of this Act.
Information or things covered by this Part
(1) Subject to this section, this Part applies in relation to information, a document, a copy of a document or an extract of a document (the offshore information) or a thing obtained in the course of:
the exercise of a power, or the performance of a function, under this Act; or
the administration of this Act; or
the exercise of a power, or the performance of a function, under the Regulatory Powers Act so far as it applies in relation to a provision of this Act; or
the administration of the Regulatory Powers Act so far as it applies in relation to a provision of this Act.
The offshore information may be or include personal information (within the meaning of the Privacy Act 1988).
Note: The use or disclosure of personal information is regulated under the Privacy Act 1988.
In particular, but without limiting subsection (1), this Part applies in relation to offshore information or a thing obtained by NOPSEMA (including obtained by an inspector appointed by NOPSEMA or the CEO, whether under a warrant issued for the purposes of this Act or otherwise).
Example: This Part applies in relation to information given by a person to an inspector under Schedule 3 in response to a requirement made of the person by the inspector to answer a question.
This Part does not, by implication, limit the use of, or making available, offshore information or a thing otherwise than in accordance with this Part.
Part does not apply in relation to Part 7.3
This Part does not apply to offshore information, or a thing, covered by Part 7.3 or a legislative instrument made for the purposes of that Part.
Part does not apply in relation to Part 8.3
This Part does not apply to:
offshore information, or a thing, covered by Part 8.3; or
a legislative instrument made for the purposes of that Part.
Part does not apply in relation to inquiries into significant offshore incidents (Part 9.10A)
This Part does not apply to the extent that offshore information or a thing is obtained in the course of the exercise of a power, or the performance of a function, under or for the purposes of Part 9.10A.
Note: However, section 695WA does apply in relation to offshore information or a thing so obtained: see subsection (7) of that section.
Part does not apply in relation to certain offshore greenhouse gas storage operations
This Part does not apply to the extent that offshore information:
relates to offshore greenhouse gas storage operations (within the meaning of Part 6.9); and
(b) is personal information (within the meaning of the Privacy Act 1988); and
was obtained before the commencement of this subsection.
If NOPSEMA obtains offshore information or a thing in the course of the exercise of a power, or the performance of a function, under this Act, NOPSEMA may use the offshore information or thing for the purpose of exercising any power, or performing any function, under this Act.
(1) Any of the following persons may make available offshore information or a thing to another of those persons (the recipient) to use as mentioned in subsection (2):
the responsible Commonwealth Minister;
the Secretary;
NOPSEMA;
the Titles Administrator;
each member of a Joint Authority;
each member of a Cross-boundary Authority.
The recipient may use the offshore information or thing in the course of the following:
the exercise of powers, or the performance of functions, under this Act;
the administration of this Act.
Scope
This section applies if:
the responsible Commonwealth Minister has given a direction under section 380, relating to a serious situation in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence; or
NOPSEMA has given a direction in accordance with section 576B in relation to a significant offshore petroleum incident; or
the CEO has declared a declared oil pollution emergency.
Who may share and receive offshore information or things
(2) Any of the following persons may make offshore information or a thing relating to the situation, incident or emergency available to an agency or authority of the Commonwealth, or of a State or Territory (the recipient), that is responsible for emergency management coordination and response, to use as mentioned in subsection (4):
the responsible Commonwealth Minister;
the Secretary;
the CEO;
the Titles Administrator.
(3) The CEO may also make available offshore information or a thing to the Secretary (also the recipient) to use as mentioned in subsection (4).
Limitations on use by recipient
The recipient may use the offshore information or thing in the course of the following:
coordinating the management of, or responding to, the serious situation;
coordinating the management of, or responding to, the significant offshore petroleum incident;
coordinating the management of, or responding to, the declared oil pollution emergency.
If offshore information or a thing is made available to a recipient under this section, the person who made the offshore information or thing available may, at any time, by written notice to the recipient, impose conditions in relation to:
the recipient’s use of the offshore information or thing; or
whether, and the extent to which, the recipient itself may make the offshore information or thing available to any other agency or person.
A notice under subsection (5) is not a legislative instrument.
Section applies in relation to inquiries into significant offshore incidents (Part 9.10A)
Despite subsection 695U(5), this section applies in relation to offshore information or a thing obtained in the course of the exercise of a power, or the performance of a function, under or for the purposes of Part 9.10A (inquiries into significant offshore incidents).
Any of the persons referred to in subsection 695W(1) may make available offshore information or a thing to one or more of the agencies referred to in subsection (2) for the agency to use in the course of the exercise of the agency’s powers, or the performance of the agency’s functions, under or for the purposes of a law.
The agencies are the following:
the Australian Maritime Safety Authority;
the Civil Aviation Safety Authority;
the Australian Defence Force;
the Australian Federal Police;
(e) the Department administered by the Minister administering Customs Act 1901;Part XII of the
the police force of a State or Territory;
the Director of Public Prosecutions of the Commonwealth;
the coroner of a State or the Northern Territory;
an agency of the Commonwealth, or of a State or Territory, that is responsible for administering or implementing laws relating to occupational health and safety;
an agency of the Commonwealth, or of a State or Territory, that is responsible for administering or implementing laws relating to the protection of the environment;
any other agency of the Commonwealth, or of a State or Territory, responsible for investigating contraventions of laws, or administering or ensuring compliance with laws;
any other agency of the Commonwealth.
If offshore information or a thing is made available to an agency under subsection (1), the person who made the offshore information or thing available may, at any time, by written notice to the agency, impose conditions in relation to:
the agency’s use of the offshore information or thing; or
whether, and the extent to which, the agency itself may make the offshore information or thing available to any other agency or person.
A notice under subsection (3) is not a legislative instrument.
The CEO may make available offshore information or a thing to the Timorese Designated Authority for it to use in the course of the exercise of its powers or the performance of its functions.
This section applies to offshore information to the extent that it is personal information.
Before the information is made available or used as mentioned in this Division, the person or agency making the information available, or using the information, must take such steps as are reasonable in the circumstances to ensure that the information is de-identified.
(3) Personal information is de-identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.
For the purposes of making certain decisions under this Act, the person making the decision must have regard to the matters set out in Division 2.
Registered holders of titles and others are required to notify the Titles Administrator and NOPSEMA if certain events occur. This includes if they are found guilty of certain offences such as those involving fraud or dishonesty, are ordered to pay a pecuniary penalty for a contravention of such laws or become insolvent under administration.
This section sets out the matters in relation to which regard must be had in making certain decisions under this Act.
Note: For example, the Joint Authority must have regard to these matters in relation to a person when deciding whether the Joint Authority is prepared to grant the person a petroleum exploration permit (see subsection 105(4)).
The matters are as follows:
if the person is an individual—the person’s experience in the following:
petroleum exploration or recovery;
the injection or storage of greenhouse gas substances;
(b) if the person is a body corporate—the experience of the officers (within the meaning of the Corporations Act 2001) of the body corporate in the following:
petroleum exploration or recovery;
the injection or storage of greenhouse gas substances;
whether the person has been found guilty of an offence against, or ordered to pay a pecuniary penalty under, any of the following:
this Act, including any regulations made under this Act;
any other law of the Commonwealth prescribed by the regulations;
(iii) the Criminal Code or the Crimes Act 1914, to the extent that it relates to this Act or a law prescribed for the purposes of subparagraph (ii);
whether the person has contravened this Act, including any regulations made under this Act, or a law prescribed for the purposes of subparagraph (c)(ii);
whether in any criminal or civil proceedings against the applicant, or in any action against the applicant by an agency of the Commonwealth or a State or Territory, the person is found to have engaged in conduct involving fraud or dishonesty;
whether the person has contravened a direction given under Chapter 2, 3 or 6, Part 7.1 or Part 8.1 of this Act;
if the person has made an application for any of the following, whether the application was refused:
a petroleum production licence;
an infrastructure licence;
a pipeline licence;
a greenhouse gas injection licence;
if the person is or has been a registered holder of any of the following titles, whether the title was cancelled or partly cancelled:
a petroleum exploration permit;
a petroleum retention lease;
a petroleum production licence;
an infrastructure licence;
a pipeline licence;
a greenhouse gas assessment permit;
a greenhouse gas holding lease;
a greenhouse gas injection licence;
whether the person:
has made a false or misleading statement in an application under this Act or regulations made under this Act; or
has given false or misleading information, documents or evidence to the Joint Authority for an offshore area, the responsible Commonwealth Minister, the Titles Administrator, NOPSEMA or the Cross-boundary Authority;
whether a debt is due and payable by the person to the Commonwealth under:
this Act, including any regulations made under this Act; or
another law of the Commonwealth prescribed by the regulations;
(k) whether the person has been a Chapter 5 body corporate (within the meaning of the Corporations Act 2001) or an insolvent under administration;
(l) if the person is or has been an officer (within the meaning of the Corporations Act 2001) of a body corporate—whether the body corporate is or has been a Chapter 5 body corporate (within the meaning of the Corporations Act 2001);
(m) if the person is an individual—whether the person has ever been disqualified from managing corporations under Corporations Act 2001;Part 2D.6 of the
(n) if the person is an individual—whether the person has been found, in any criminal or civil proceedings against the person, to have committed an offence against, or contravened, a provision of Corporations Act 2001;Division 1 of Part 2D.1 of the
any other matter prescribed by the regulations.
(3) Nothing in this section affects the operation of Crimes Act 1914.Part VIIC of the
Note: Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.Part VIIC of the
This section applies to the following persons:
(a) an applicant for the grant, renewal or approval of a transfer of any of the following titles (each of which is a relevant title):
a petroleum exploration permit;
a petroleum retention lease;
a petroleum production licence;
an infrastructure licence;
a pipeline licence;
a greenhouse gas assessment permit;
a greenhouse gas holding lease;
a greenhouse gas injection licence;
a registered holder of a relevant title;
(c) if the person referred to in paragraph (a) or (b) is a body corporate—a person who is an officer (within the meaning of the Corporations Act 2001) of the body corporate.
The person must give written notice to the Titles Administrator and NOPSEMA if any of the following events occur, as soon as practicable after the event occurs:
the person is found guilty of an offence against a law of the Commonwealth or of a State or Territory:
involving fraud or dishonesty; or
prescribed by the regulations;
the person is ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or of a State or Territory:
involving fraud or dishonesty; or
prescribed by the regulations;
if the person is an individual—the person becomes insolvent under administration;
(d) if the person is an individual—the person is disqualified from managing corporations under Corporations Act 2001;Part 2D.6 of the
(e) if the person is a body corporate—the person becomes a Chapter 5 body corporate (within the meaning of the Corporations Act 2001);
(f) if the person is an officer (within the meaning of the Corporations Act 2001) of a body corporate—the body corporate becomes a Chapter 5 body corporate (within the meaning of the Corporations Act 2001);
(g) if the person is an individual—the person is found, in any criminal or civil proceedings against the person, to have committed an offence against, or contravened, a provision of Corporations Act 2001;Division 1 of Part 2D.1 of the
an event of a kind prescribed by the regulations.
The notice must be given in the approved form and in an approved manner.
A person is liable to a civil penalty if:
the person is subject to a requirement under subsection (2); and
the person omits to do an act; and
the omission breaches the requirement.
Civil penalty: 240 penalty units.
The Titles Administrator must publish on the Titles Administrator’s website:
the form approved for the purposes of subsection (3); and
a copy of the instrument approving a manner for the purposes of that subsection.
(6) Nothing in this section affects the operation of Crimes Act 1914.Part VIIC of the
Note: Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.Part VIIC of the
In this section:
approved means approved, in writing, by the Titles Administrator and the Chief Executive Officer of NOPSEMA.
The following is a simplified outline of this Part:
• The Titles Administrator may direct a petroleum titleholder to keep records.
• The regulations may make provision for data management.
• The Titles Administrator or a NOPSEMA inspector may obtain information or documents.
Scope
This section applies if a person is carrying on operations in an offshore area under:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence; or
a pipeline licence; or
a petroleum special prospecting authority; or
a petroleum access authority; or
a petroleum scientific investigation consent.
Direction by Titles Administrator
The Titles Administrator may, by written notice given to the person, direct the person to do any or all of the following things:
to keep such accounts, records and other documents in connection with those operations as are specified in the notice;
to collect and retain such cores, cuttings and samples in connection with those operations as are specified in the notice;
to give to:
the Titles Administrator; or
a person specified in the notice;
in the manner specified in the notice, such reports, returns, other documents, cores, cuttings and samples in connection with those operations as are specified in the notice.
Offence
A person commits an offence of strict liability if:
the person is subject to a direction under subsection (2); and
the person omits to do an act; and
the omission breaches the direction.
Penalty: 100 penalty units.
Note: For strict liability, see Criminal Code.section 6.1 of the
Civil penalty
A person is liable to a civil penalty if the person contravenes a direction under subsection (2).
Civil penalty: 150 penalty units.
Continuing offences
A person who commits an offence against subsection (3) by failing to comply with a direction to which paragraph (2)(c) applies commits a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the offence continues.
The maximum penalty for each day to which subsection (3C) applies is 10% of the maximum penalty that can be imposed in respect of that offence.
Continuing contraventions of civil penalty provisions
A person who contravenes subsection (3B) by failing to comply with a direction to which paragraph (2)(c) applies commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues.
The maximum civil penalty for each day to which subsection (3E) applies is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Direction by responsible Commonwealth Minister
The responsible Commonwealth Minister may give the Titles Administrator directions about the exercise of the Titles Administrator’s powers under subsection (2).
A direction under subsection (4) may:
relate to a particular case; or
be of general application.
Directions
A direction under subsection (2) is not a legislative instrument.
If a direction under subsection (4) is of general application, the direction is a legislative instrument.
If a direction under subsection (4) relates to a particular case, the direction is not a legislative instrument.
The regulations may make provision for and in relation to:
the keeping of accounts, records and other documents in connection with operations in an offshore area under:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence; or
a pipeline licence; or
a petroleum special prospecting authority; or
a petroleum access authority; or
a petroleum scientific investigation consent; and
the collection and retention of cores, cuttings and samples in connection with those operations; and
the giving to the Titles Administrator, or a specified person, of reports, returns, other documents, cores, cuttings and samples in connection with those operations.
Directions are in addition to regulations
A requirement under section 697 is in addition to a requirement under regulations made for the purposes of this section.
Scope
This section applies to a person if:
the Titles Administrator believes on reasonable grounds that the person has information or a document, or is capable of giving evidence, that relates to any or all of the following operations in an offshore area:
petroleum exploration operations;
petroleum recovery operations;
operations relating to the processing or storage of petroleum;
operations relating to the preparation of petroleum for transport;
operations connected with the construction or operation of a pipeline;
operations relating to decommissioning; or
a NOPSEMA inspector believes on reasonable grounds that the person has information or a document, or is capable of giving evidence, that relates to any or all of the following operations in an offshore area:
petroleum exploration operations;
petroleum recovery operations;
operations relating to the processing or storage of petroleum;
operations relating to the preparation of petroleum for transport;
operations connected with the construction or operation of a pipeline;
operations relating to decommissioning; or
the Titles Administrator or a NOPSEMA inspector believes on reasonable grounds that the person has information or a document, or is capable of giving evidence, that relates to any or all of the following:
whether a person has complied or is complying with a requirement under this Act, or a legislative instrument under this Act;
whether a person has sufficient technical advice and financial resources to carry out the operations referred to in paragraphs (a) and (b) and discharge the obligations imposed under this Act, or a legislative instrument under this Act.
Requirement
The Titles Administrator or the inspector may, by written notice given to the person, require the person:
to give to the Titles Administrator or the inspector, within the period and in the manner specified in the notice, any such information; or
to produce to the Titles Administrator or the inspector, within the period and in the manner specified in the notice, any such documents; or
to make copies of any such documents and to produce to the Titles Administrator or the inspector, within the period and in the manner specified in the notice, those copies; or
if the person is an individual—to appear before the Titles Administrator or the inspector at a time and place specified in the notice to:
give any such evidence, either orally or in writing; and
produce any such documents; or
if the person is a body corporate—to cause a competent officer of the body to appear before the Titles Administrator or the inspector at a time and place specified in the notice to:
give any such evidence, either orally or in writing; and
produce any such documents.
A period specified under paragraph (2)(a), (b) or (c) must not be shorter than 14 days after the notice is given.
A time specified under paragraph (2)(d) or (e) must not be earlier than 14 days after the notice is given.
Offence
A person commits an offence if:
the person has been given a notice under subsection (2); and
the person omits to do an act; and
the omission contravenes a requirement in the notice.
Penalty: 100 penalty units.
Civil penalty
A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 150 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
The maximum penalty for each day that an offence under subsection (5) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: To the extent that subsection (5D) provides, subsection (5) is a continuing offence under Crimes Act 1914.section 4K of the
The maximum civil penalty for each day that a contravention of subsection (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: To the extent that subsection (5D) provides, subsection (5A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Subsections (5B) and (5C) apply only in relation to a contravention of a requirement to which paragraph (2)(a), (b) or (c) applies.
Notice to set out the effect of offence and civil penalty provisions
A notice under subsection (2) must set out the effect of the following provisions:
subsection (5);
subsection (5A);
subsection (5B);
subsection (5C);
section 705;
section 706;
section 707.
Note 1: Section 705 is about giving false or misleading information.
Note 2: Section 706 is about producing false or misleading documents.
Note 3: Section 707 is about giving false or misleading evidence.
A person is entitled to be paid reasonable compensation for complying with a requirement covered by paragraph 699(2)(c).
The Titles Administrator or a NOPSEMA inspector may:
administer an oath or affirmation to a person required to appear before the Titles Administrator or the inspector under section 699; and
examine that person on oath or affirmation.
A person is not excused from giving information or evidence or producing a document under section 699 on the ground that the information or evidence or the production of the document might tend to incriminate the person or expose the person to a penalty.
However, in the case of an individual:
the information or evidence given or the document produced; or
giving the information or evidence or producing the document; or
any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence or producing the document;
is not admissible in evidence against the individual:
in any civil proceedings; or
in criminal proceedings other than:
proceedings for an offence against subsection 699(5) or section 705, 706 or 707; or
(ii) proceedings for an offence against Criminal Code that relates to this Division.section 137.1 or 137.2 of the
The Titles Administrator or a NOPSEMA inspector may inspect a document produced under this Division and may make and retain copies of, or take and retain extracts from, such a document.
The Titles Administrator or a NOPSEMA inspector may take possession of a document produced under this Division, and retain it for as long as is reasonably necessary.
The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Titles Administrator or a NOPSEMA inspector to be a true copy.
The certified copy must be received in all courts and tribunals as evidence as if it were the original.
Until a certified copy is supplied, the Titles Administrator or a NOPSEMA inspector must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.
A person commits an offence if:
the Titles Administrator or a NOPSEMA inspector requires the person to give information under subsection 699(2); and
the person gives information; and
the person does so knowing that the information is false or misleading in a material particular.
Penalty: 100 penalty units.
Note: The same conduct may be an offence against both this section and Criminal Code.section 137.1 of the
A person commits an offence if:
the person has been given a notice under subsection 699(2); and
the person produces a document to the Titles Administrator or a NOPSEMA inspector; and
the person does so knowing that the document is false or misleading in a material particular; and
the document is produced in compliance or purported compliance with the notice.
Penalty: 100 penalty units.
Note: The same conduct may be an offence against both this section and Criminal Code.section 137.2 of the
A person commits an offence if:
the person gives evidence to another person; and
the person does so knowing that the evidence is false or misleading in a material particular; and
the evidence is given under section 699.
Penalty: Imprisonment for 12 months.
The Titles Administrator may give written directions to a NOPSEMA inspector as to the exercise of the inspector’s powers under this Division.
A NOPSEMA inspector must comply with a direction under subsection (1).
If a direction under subsection (1) is of general application, the direction is a legislative instrument.
If a direction under subsection (1) relates to a particular case, the direction is not a legislative instrument.
If an event specified in the table happens, the Titles Administrator must cause notice of:
the event; and
such details of the event as the Titles Administrator thinks fit;
to be published in the Gazette.
Scope
This section applies to a document received or issued by the Titles Administrator in connection with Chapter 2 or this Chapter.
Document to be made available to the responsible Commonwealth Minister
The responsible Commonwealth Minister may require the Titles Administrator to make copies of the document available to the responsible Commonwealth Minister.
The Titles Administrator must comply with a requirement under subsection (2).
The following is a simplified outline of this Part:
• This Part deals with the confidentiality and release of:
(a) information (documentary information) contained in certain documents given to the Titles Administrator or the Designated Authority; and
petroleum mining samples given to the Titles Administrator or the Designated Authority.
In this Part, unless the contrary intention appears:
applicable document means:
an application made to the Titles Administrator under Chapter 2; or
a document accompanying such an application; or
a report, return or other document that relates to a block and was given to the Titles Administrator under:
Chapter 2 or this Chapter; or
regulations made for the purposes of section 698; or
an application made on or after 7 March 2000 and before the commencement of Part 6.10 to the Designated Authority under:
this Act; or
(ii) the repealed Petroleum (Submerged Lands) Act 1967; or
a document accompanying such an application; or
a report, return or other document that relates to a block and that was given on or after 7 March 2000 and before the commencement of Part 6.10 to the Designated Authority under:
this Act; or
regulations made for the purposes of section 698 of this Act; or
(iii) the repealed Petroleum (Submerged Lands) Act 1967; or
(iv) regulations made for the purposes of Petroleum (Submerged Lands) Act 1967.section 122A of the repealed
declared oil pollution emergency has the same meaning as in Schedule 2A.
documentary information means information contained in an applicable document.
petroleum mining sample means:
a core or cutting from, or a sample of, the seabed or subsoil; or
a sample of petroleum recovered; or
a sample of fluid recovered (other than fluid petroleum);
that:
has been given at any time to the Titles Administrator under regulations made for the purposes of section 698; or
has been given, at any time before the commencement of Part 6.10, to the Designated Authority;
and includes a portion of such a core, cutting or sample.
recipient Minister means:
a Minister; or
a Minister of a State; or
a Minister of the Northern Territory;
to whom documentary information or a petroleum mining sample has been made available under section 714.
significant offshore petroleum incident has the meaning given by section 576A.
Subdivision A—Information and samples obtained by the Titles Administrator
This section restricts what the Titles Administrator may do with documentary information.
The Titles Administrator must not:
make the information publicly known; or
make the information available to a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory);
unless the Titles Administrator does so:
in accordance with regulations made for the purposes of this paragraph; or
for the purposes of the administration of this Act or the regulations; or
for any of the following purposes:
coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;
coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;
coordinating the management of, or responding to, a declared oil pollution emergency.
If the Titles Administrator makes the information available to a person for a purpose mentioned in paragraph (2)(e), the Titles Administrator may, at any time, by written notice to the person, impose conditions in relation to:
the person’s use of the information; or
whether, and the extent to which, the person may make the information available to any other person.
A notice under subsection (3) is not a legislative instrument.
Administration of other Acts
Despite subsection (2), the Titles Administrator may make the information available to an agency or authority of the Commonwealth for the purposes of the administration of one or more of the following Acts:
(a) the Environment Protection and Biodiversity Conservation Act 1999;
(b) the Environment Protection (Sea Dumping) Act 1981;
(c) the Offshore Electricity Infrastructure Act 2021.
If the Titles Administrator does so, the agency or authority must not:
make the information publicly known; or
make the information available to any other person (other than a Minister, a Minister of a State or a Minister of the Northern Territory).
This section restricts what the Titles Administrator may do with a petroleum mining sample.
The Titles Administrator must not:
make publicly known any details of the sample; or
permit a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect the sample;
unless the Titles Administrator does so:
in accordance with regulations made for the purposes of this paragraph; or
for the purposes of the administration of this Act or the regulations; or
for any of the following purposes:
coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;
coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;
coordinating the management of, or responding to, a declared oil pollution emergency.
If the Titles Administrator permits a person to inspect the sample for a purpose mentioned in paragraph (2)(e), the Titles Administrator may, at any time, by written notice to the person, impose conditions in relation to:
the person’s use of the sample; or
whether, and the extent to which, the person may permit any other person to inspect the sample.
A notice under subsection (3) is not a legislative instrument.
Administration of other Acts
Despite subsection (2), the Titles Administrator may permit an agency or authority of the Commonwealth to inspect the sample for the purposes of the administration of one or more of the following Acts:
(a) the Environment Protection and Biodiversity Conservation Act 1999;
(b) the Environment Protection (Sea Dumping) Act 1981;
(c) the Offshore Electricity Infrastructure Act 2021.
If the Titles Administrator does so, the agency or authority must not:
make publicly known any details of the sample; or
permit any other person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect the sample.
The Titles Administrator may make documentary information or a petroleum mining sample available to:
a Minister; or
a Minister of a State; or
a Minister of the Northern Territory.
The responsible Commonwealth Minister may require the Titles Administrator to make documentary information or a petroleum mining sample available to the responsible Commonwealth Minister.
The Titles Administrator must comply with a requirement under subsection (2).
Note 1: For protection of the confidentiality of information obtained by a recipient Minister under this section, see section 715.
Note 2: For protection of the confidentiality of a sample obtained by a recipient Minister under this section, see section 716.
Subdivision B—Information and samples obtained by a recipient Minister
This section restricts what a recipient Minister may do with documentary information made available to the recipient Minister under section 714.
The recipient Minister must not:
make the information publicly known; or
make the information available to a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory);
unless the recipient Minister does so:
in accordance with regulations made for the purposes of this paragraph; or
for the purposes of the administration of this Act or the regulations; or
for any of the following purposes:
coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;
coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;
coordinating the management of, or responding to, a declared oil pollution emergency.
(3) If the recipient Minister makes the information available to a person (the second recipient Minister) who is a Minister, a Minister of a State or a Minister of the Northern Territory, the second recipient Minister must not:
make the information publicly known; or
make the information available to a person;
unless the second recipient Minister does so:
in accordance with regulations made for the purposes of this paragraph; or
for the purposes of the administration of this Act or the regulations; or
for any of the following purposes:
coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;
coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;
coordinating the management of, or responding to, a declared oil pollution emergency.
If a recipient Minister or second recipient Minister makes the information available to a person under paragraph (2)(e) or (3)(e), the relevant recipient Minister may, at any time, by written notice to the person, impose conditions in relation to:
the person’s use of the information; or
whether, and the extent to which, the person may make the information available to any other person.
A notice under subsection (4) is not a legislative instrument.
This section restricts what a recipient Minister may do with a petroleum mining sample made available to the recipient Minister under section 714.
The recipient Minister must not:
make publicly known any details of the sample; or
permit a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect the sample;
unless the recipient Minister does so:
in accordance with regulations made for the purposes of this paragraph; or
for the purposes of the administration of this Act or the regulations; or
for any of the following purposes:
coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;
coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;
coordinating the management of, or responding to, a declared oil pollution emergency.
(3) If the recipient Minister permits a person (the second recipient Minister) who is a Minister, a Minister of a State or a Minister of the Northern Territory to inspect the sample, the second recipient Minister must not:
make publicly known any details of the sample; or
permit a person to inspect the sample;
unless the second recipient Minister does so:
in accordance with regulations made for the purposes of this paragraph; or
for the purposes of the administration of this Act or the regulations; or
for any of the following purposes:
coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;
coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;
coordinating the management of, or responding to, a declared oil pollution emergency.
If a recipient Minister or second recipient Minister permits a person to inspect the sample under paragraph (2)(e) or (3)(e), the relevant recipient Minister may, at any time, by written notice to the person, impose conditions in relation to:
the person’s use of the sample; or
whether, and the extent to which, the person may permit any other person to inspect the sample.
A notice under subsection (4) is not a legislative instrument.
Subdivision C—Miscellaneous
This section applies to regulations made for the purposes of any of the following:
paragraph 712(2)(c);
paragraph 713(2)(c);
paragraph 715(2)(c);
paragraph 715(3)(c);
paragraph 716(2)(c);
paragraph 716(3)(c).
The regulations may make provision for fees relating to:
making information available to a person; or
permitting a person to inspect a sample.
This section applies to regulations made for the purposes of:
paragraph 712(2)(c); or
paragraph 713(2)(c).
The regulations may make provision for the responsible Commonwealth Minister to:
review a decision of the Titles Administrator under the regulations; and
make a decision:
confirming the decision reviewed; or
revoking the decision reviewed and substituting another decision for it.
This Part does not override any requirements of the Privacy Act 1988. In particular, this Part is not to be taken, for the purposes of that Act, to require or authorise the disclosure of information.
The copyright in a literary or artistic work contained in an applicable document is not infringed by anything done:
by, or with the authority of, the Titles Administrator or the responsible Commonwealth Minister; and
for the purpose of the exercise of any of the powers of the Titles Administrator or Minister under this Part.
Schedule 5 has effect.
The following is a simplified outline of this Part:
• The Titles Administrator may direct a greenhouse gas titleholder to keep records.
• The regulations may make provision for data management.
• The Titles Administrator or a NOPSEMA inspector may obtain information or documents.
Scope
This section applies if a person is carrying on operations in an offshore area under:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; or
a greenhouse gas special authority; or
a greenhouse gas research consent.
Direction by Titles Administrator
The Titles Administrator may, by written notice given to the person, direct the person to do any or all of the following things:
to keep such accounts, records and other documents in connection with those operations as are specified in the notice;
to collect and retain such cores, cuttings and samples in connection with those operations as are specified in the notice;
to give to:
the Titles Administrator; or
a person specified in the notice;
in the manner specified in the notice, such reports, returns, other documents, cores, cuttings and samples in connection with those operations as are specified in the notice.
Offence
A person commits an offence if:
the person is subject to a direction under subsection (2); and
the person omits to do an act; and
the omission breaches the direction.
Penalty: 100 penalty units.
An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see Criminal Code.section 6.1 of the
Direction by responsible Commonwealth Minister
The responsible Commonwealth Minister may give the Titles Administrator directions about the exercise of the Titles Administrator’s powers under subsection (2).
A direction under subsection (3B) may:
relate to a particular case; or
be of general application.
Directions
A direction under subsection (2) is not a legislative instrument.
If a direction under subsection (3B) is of general application, the direction is a legislative instrument.
If a direction under subsection (3B) relates to a particular case, the direction is not a legislative instrument.
The regulations may make provision for and in relation to:
the keeping of accounts, records and other documents in connection with operations in an offshore area under:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
a greenhouse gas search authority; or
a greenhouse gas special authority; or
a greenhouse gas research consent; and
the collection and retention of cores, cuttings and samples in connection with those operations; and
the giving to the Titles Administrator, or a specified person, of reports, returns, other documents, cores, cuttings and samples in connection with those operations.
Directions are in addition to regulations
A requirement under section 723 is in addition to a requirement under regulations made for the purposes of this section.
Scope
This section applies to a person if:
the Titles Administrator; or
a NOPSEMA inspector;
believes on reasonable grounds that the person has information or a document, or is capable of giving evidence, that relates to:
any or all of the following operations in an offshore area:
operations relating to exploration for a potential greenhouse gas storage formation or a potential greenhouse gas injection site;
operations relating to the injection of a greenhouse gas substance into the seabed or subsoil;
operations relating to the storage of a greenhouse gas substance in the seabed or subsoil;
operations relating to the processing, compression or pre-injection storage of a greenhouse gas substance;
operations relating to the preparation of a greenhouse gas substance for transport;
operations relating to decommissioning; or
any or all of the following:
whether a person has complied or is complying with a requirement under this Act, or a legislative instrument under this Act;
whether a person has sufficient technical advice and financial resources to carry out the operations referred to in paragraph (c) and discharge the obligations imposed under this Act, or a legislative instrument under this Act.
Requirement
The Titles Administrator or the NOPSEMA inspector may, by written notice given to the person, require the person:
to give to the Titles Administrator or the NOPSEMA inspector, within the period and in the manner specified in the notice, any such information; or
to produce to the Titles Administrator or the NOPSEMA inspector, within the period and in the manner specified in the notice, any such documents; or
to make copies of any such documents and to produce to the Titles Administrator or the NOPSEMA inspector, within the period and in the manner specified in the notice, those copies; or
if the person is an individual—to appear before the Titles Administrator or the NOPSEMA inspector at a time and place specified in the notice to:
give any such evidence, either orally or in writing; and
produce any such documents; or
if the person is a body corporate—to cause a competent officer of the body to appear before the Titles Administrator or the NOPSEMA inspector at a time and place specified in the notice to:
give any such evidence, either orally or in writing; and
produce any such documents.
A period specified under paragraph (2)(a), (b) or (c) must not be shorter than 14 days after the notice is given.
A time specified under paragraph (2)(d) or (e) must not be earlier than 14 days after the notice is given.
Offence
A person commits an offence if:
the person has been given a notice under subsection (2); and
the person omits to do an act; and
the omission contravenes a requirement in the notice.
Penalty: 100 penalty units.
Notice to set out the effect of offence provisions
A notice under subsection (2) must set out the effect of the following provisions:
subsection (5);
section 731;
section 732;
section 733.
Note 1: Section 731 is about giving false or misleading information.
Note 2: Section 732 is about producing false or misleading documents.
Note 3: Section 733 is about giving false or misleading evidence.
A person is entitled to be paid reasonable compensation for complying with a requirement covered by paragraph 725(2)(c).
The Titles Administrator or a NOPSEMA inspector may:
administer an oath or affirmation to a person required to appear before the Titles Administrator or the NOPSEMA inspector under section 725; and
examine that person on oath or affirmation.
A person is not excused from giving information or evidence or producing a document under section 725 on the ground that the information or evidence or the production of the document might tend to incriminate the person or expose the person to a penalty.
However, in the case of an individual:
the information or evidence given or the document produced; or
giving the information or evidence or producing the document; or
any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence or producing the document;
is not admissible in evidence against the individual:
in any civil proceedings; or
in criminal proceedings other than:
proceedings for an offence against subsection 725(5) or section 731, 732 or 733; or
(ii) proceedings for an offence against Criminal Code that relates to this Division.section 137.1 or 137.2 of the
The Titles Administrator or a NOPSEMA inspector may inspect a document produced under this Division and may make and retain copies of, or take and retain extracts from, such a document.
The Titles Administrator or a NOPSEMA inspector may take possession of a document produced under this Division, and retain it for as long as is reasonably necessary.
The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Titles Administrator or a NOPSEMA inspector to be a true copy.
The certified copy must be received in all courts and tribunals as evidence as if it were the original.
Until a certified copy is supplied, the Titles Administrator or a NOPSEMA inspector must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.
A person commits an offence if:
the Titles Administrator or a NOPSEMA inspector requires the person to give information under subsection 725(2); and
the person gives information; and
the person does so knowing that the information is false or misleading in a material particular.
Penalty: 100 penalty units.
Note: The same conduct may be an offence against both this section and Criminal Code.section 137.1 of the
A person commits an offence if:
the person has been given a notice under subsection 725(2); and
the person produces a document to the Titles Administrator or a NOPSEMA inspector; and
the person does so knowing that the document is false or misleading in a material particular; and
the document is produced in compliance or purported compliance with the notice.
Penalty: 100 penalty units.
Note: The same conduct may be an offence against both this section and Criminal Code.section 137.2 of the
A person commits an offence if:
the person gives evidence to another person; and
the person does so knowing that the evidence is false or misleading in a material particular; and
the evidence is given under section 725.
Penalty: Imprisonment for 12 months.
The Titles Administrator may give written directions to a NOPSEMA inspector as to the exercise of the NOPSEMA inspector’s powers under this Division.
A NOPSEMA inspector must comply with a direction under subsection (1).
If a direction under subsection (1) is of general application, the direction is a legislative instrument.
If a direction under subsection (1) relates to a particular case, the direction is not a legislative instrument.
Scope
This section applies to a person if the responsible Commonwealth Minister believes on reasonable grounds that the person has information or a document that is relevant to:
the performance of a function, or the exercise of a power, conferred on the responsible Commonwealth Minister by any of the following provisions:
section 292A;
section 321A;
section 376;
section 377;
section 383;
section 593;
section 594; or
the responsible Commonwealth Minister attaining a state of satisfaction for the purposes of a provision of section 368B.
Requirement
The responsible Commonwealth Minister may, by written notice given to the person, require the person:
to give to the responsible Commonwealth Minister, within the period and in the manner specified in the notice, any such information; or
to produce to the responsible Commonwealth Minister, within the period and in the manner specified in the notice, any such documents; or
to make copies of any such documents and to produce to the responsible Commonwealth Minister, within the period and in the manner specified in the notice, those copies.
A period specified under paragraph (2)(a), (b) or (c) must not be shorter than 14 days after the notice is given.
Offence
A person commits an offence if:
the person has been given a notice under subsection (2); and
the person omits to do an act; and
the omission contravenes a requirement in the notice.
Penalty: 100 penalty units.
Civil penalty
A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 150 penalty units.
Notice to set out the effect of offence and civil penalty provisions
A notice under subsection (2) must set out the effect of the following provisions:
subsection (4);
subsection (5);
section 733G;
section 733H.
Note 1: Section 733G is about giving false or misleading information.
Note 2: Section 733H is about producing false or misleading documents.
A person is entitled to be paid reasonable compensation for complying with a requirement covered by paragraph 733B(2)(c).
A person is not excused from giving information or producing a document under section 733B on the ground that the giving of the information or the production of the document might tend to incriminate the person or expose the person to a penalty.
However, in the case of an individual:
the information given or the document produced; or
giving the information or producing the document; or
any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document;
is not admissible in evidence against the individual:
in civil proceedings (other than proceedings for a contravention of subsection 733B(5)); or
in criminal proceedings other than:
proceedings for an offence against subsection 733B(4) or section 733G or 733H; or
(ii) proceedings for an offence against Criminal Code that relates to this Division.section 137.1 or 137.2 of the
The responsible Commonwealth Minister may inspect a document produced under this Division and may make and retain copies of, or take and retain extracts from, such a document.
The responsible Commonwealth Minister may take possession of a document produced under this Division, and retain it for as long as is reasonably necessary.
The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the responsible Commonwealth Minister to be a true copy.
The certified copy must be received in all courts and tribunals as evidence as if it were the original.
Until a certified copy is supplied, the responsible Commonwealth Minister must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.
A person commits an offence if:
the responsible Commonwealth Minister requires the person to give information under subsection 733B(2); and
the person gives information; and
the person does so knowing that the information is false or misleading in a material particular.
Penalty: 100 penalty units.
A person commits an offence if:
the person has been given a notice under subsection 733B(2); and
the person produces a document to the responsible Commonwealth Minister; and
the person does so knowing that the document is false or misleading in a material particular; and
the document is produced in compliance or purported compliance with the notice.
Penalty: 100 penalty units.
This Division binds the Crown in each of its capacities.
This Division does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
The protection in subsection (2) does not apply to an authority of the Crown.
If an event specified in the table happens, the Titles Administrator must cause notice of:
the event; and
such details of the event as the Titles Administrator thinks fit;
to be published in the Gazette.
Scope
This section applies to a document received or issued by the Titles Administrator in connection with this Chapter.
Document to be made available to the responsible Commonwealth Minister
The responsible Commonwealth Minister may require the Titles Administrator to make copies of the document available to the responsible Commonwealth Minister.
The Titles Administrator must comply with a requirement under subsection (2).
The following is a simplified outline of this Part:
• This Part deals with the confidentiality and release of:
(a) information (documentary information) contained in certain documents given to the responsible Commonwealth Minister or the Titles Administrator; and
eligible samples given to the responsible Commonwealth Minister or the Titles Administrator.
In this Part:
applicable document means:
an application made to the Titles Administrator or the responsible Commonwealth Minister under Chapter 3; or
a document accompanying such an application; or
a report, return or other document that relates to a block and that was given, after the commencement of Part 6.10, to the responsible Commonwealth Minister under Chapter 3 or this Chapter; or
a report, return or other document that relates to a block and that was given to the Titles Administrator under regulations made for the purposes of section 724; or
a report, return or other document that relates to a block and that was given, before the commencement of Part 6.10, to the responsible Commonwealth Minister under:
this Act; or
regulations made for the purposes of section 724.
declared oil pollution emergency has the same meaning as in Schedule 2A.
documentary information means information contained in an applicable document.
eligible sample means:
a core or cutting from, or a sample of, the seabed or subsoil; or
a sample of petroleum recovered; or
a sample of fluid recovered (other than fluid petroleum);
that:
has been given at any time to the Titles Administrator under regulations made for the purposes of section 724; or
has been given, at any time before the commencement of Part 6.10, to the responsible Commonwealth Minister;
and includes a portion of such a core, cutting or sample.
recipient Minister means:
a Minister; or
a Minister of a State; or
a Minister of the Northern Territory;
to whom documentary information or an eligible sample has been made available under section 740.
significant offshore petroleum incident has the meaning given by section 576A.
For the purposes of this Part, in determining whether a document is an applicable document, disregard an application made, or a document given, to the responsible Commonwealth Minister:
in his or her capacity as, or as a member of, the Joint Authority for an offshore area; or
in his or her capacity as the Designated Authority for an offshore area.
For the purposes of this Part, in determining whether a core, cutting or sample is an eligible sample, disregard anything that was given to the responsible Commonwealth Minister:
in his or her capacity as, or as a member of, the Joint Authority for an offshore area; or
in his or her capacity as the Designated Authority for an offshore area.
Subdivision A—Information and samples obtained by the responsible Commonwealth Minister or the Titles Administrator
This section restricts what the responsible Commonwealth Minister or the Titles Administrator may do with documentary information.
The responsible Commonwealth Minister or the Titles Administrator must not:
make the information publicly known; or
make the information available to a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory);
unless the responsible Commonwealth Minister or the Titles Administrator does so:
in accordance with regulations made for the purposes of this paragraph; or
for the purposes of the administration of this Act or the regulations; or
for any of the following purposes:
coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;
coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;
coordinating the management of, or responding to, a declared oil pollution emergency.
If the responsible Commonwealth Minister or the Titles Administrator makes the information available to a person for a purpose mentioned in paragraph (2)(e), the responsible Commonwealth Minister or the Titles Administrator may, at any time, by written notice to the person, impose conditions in relation to:
the person’s use of the information; or
whether, and the extent to which, the person may make the information available to any other person.
A notice under subsection (3) is not a legislative instrument.
Administration of other Acts
Despite subsection (2), the responsible Commonwealth Minister or the Titles Administrator may make the information available to an agency or authority of the Commonwealth for the purposes of the administration of one or more of the following Acts:
(a) the Environment Protection and Biodiversity Conservation Act 1999;
(b) the Environment Protection (Sea Dumping) Act 1981;
(c) the Offshore Electricity Infrastructure Act 2021.
If the responsible Commonwealth Minister or the Titles Administrator does so, the agency or authority must not:
make the information publicly known; or
make the information available to any other person (other than a Minister, a Minister of a State or a Minister of the Northern Territory).
This section restricts what the responsible Commonwealth Minister or the Titles Administrator may do with an eligible sample.
The responsible Commonwealth Minister or the Titles Administrator must not:
make publicly known any details of the sample; or
permit a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect the sample;
unless the responsible Commonwealth Minister or the Titles Administrator does so:
in accordance with regulations made for the purposes of this paragraph; or
for the purposes of the administration of this Act or the regulations; or
for any of the following purposes:
coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;
coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;
coordinating the management of, or responding to, a declared oil pollution emergency.
If the responsible Commonwealth Minister or the Titles Administrator permits a person to inspect the sample for a purpose mentioned in paragraph (2)(e), the responsible Commonwealth Minister or the Titles Administrator may, at any time, by written notice to the person, impose conditions in relation to:
the person’s use of the sample; or
whether, and the extent to which, the person may permit any other person to inspect the sample.
A notice under subsection (3) is not a legislative instrument.
Administration of other Acts
Despite subsection (2), the responsible Commonwealth Minister or the Titles Administrator may permit an agency or authority of the Commonwealth to inspect the sample for the purposes of the administration of one or more of the following Acts:
(a) the Environment Protection and Biodiversity Conservation Act 1999;
(b) the Environment Protection (Sea Dumping) Act 1981;
(c) the Offshore Electricity Infrastructure Act 2021.
If the responsible Commonwealth Minister or the Titles Administrator does so, the agency or authority must not:
make publicly known any details of the sample; or
permit any other person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect the sample.
The responsible Commonwealth Minister or the Titles Administrator may make documentary information or an eligible sample available to:
a Minister; or
a Minister of a State; or
a Minister of the Northern Territory.
Note 1: For protection of the confidentiality of information obtained by a recipient Minister under this section, see section 740A.
Note 2: For protection of the confidentiality of a sample obtained by a recipient Minister under this section, see section 740B.
Subdivision AA—Information and samples obtained by a recipient Minister
This section restricts what a recipient Minister may do with documentary information made available to the recipient Minister under section 740.
The recipient Minister must not:
make the information publicly known; or
make the information available to a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory);
unless the recipient Minister does so:
in accordance with regulations made for the purposes of this paragraph; or
for the purposes of the administration of this Act or the regulations; or
for any of the following purposes:
coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;
coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;
coordinating the management of, or responding to, a declared oil pollution emergency.
(3) If the recipient Minister makes the information available to a person (the second recipient Minister) who is a Minister, a Minister of a State or a Minister of the Northern Territory, the second recipient Minister must not:
make the information publicly known; or
make the information available to a person;
unless the second recipient Minister does so:
in accordance with regulations made for the purposes of this paragraph; or
for the purposes of the administration of this Act or the regulations; or
for any of the following purposes:
coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;
coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;
coordinating the management of, or responding to, a declared oil pollution emergency.
If a recipient Minister or second recipient Minister makes the information available to a person under paragraph (2)(e) or (3)(e), the relevant recipient Minister may, at any time, by written notice to the person, impose conditions in relation to:
the person’s use of the information; or
whether, and the extent to which, the person may make the information available to any other person.
A notice under subsection (4) is not a legislative instrument.
This section restricts what a recipient Minister may do with an eligible sample made available to the recipient Minister under section 740.
The recipient Minister must not:
make publicly known any details of the sample; or
permit a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect the sample;
unless the recipient Minister does so:
in accordance with regulations made for the purposes of this paragraph; or
for the purposes of the administration of this Act or the regulations; or
for any of the following purposes:
coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;
coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;
coordinating the management of, or responding to, a declared oil pollution emergency.
(3) If the recipient Minister permits a person (the second recipient Minister) who is a Minister, a Minister of a State or a Minister of the Northern Territory to inspect the sample, the second recipient Minister must not:
make publicly known any details of the sample; or
permit a person to inspect the sample;
unless the second recipient Minister does so:
in accordance with regulations made for the purposes of this paragraph; or
for the purposes of the administration of this Act or the regulations; or
for any of the following purposes:
coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;
coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;
coordinating the management of, or responding to, a declared oil pollution emergency.
If a recipient Minister or second recipient Minister permits a person to inspect the sample under paragraph (2)(e) or (3)(e), the relevant recipient Minister may, at any time, by written notice to the person, impose conditions in relation to:
the person’s use of the sample; or
whether, and the extent to which, the person may permit any other person to inspect the sample.
A notice under subsection (4) is not a legislative instrument.
Subdivision B—Miscellaneous
This section applies to regulations made for the purposes of any of the following:
paragraph 738(2)(c);
paragraph 739(2)(c);
paragraph 740A(2)(c);
paragraph 740A(3)(c);
paragraph 740B(2)(c);
paragraph 740B(3)(c).
The regulations may make provision for fees relating to:
making information available to a person; or
permitting a person to inspect a sample.
This Part does not override any requirements of the Privacy Act 1988. In particular, this Part is not to be taken, for the purposes of that Act, to require or authorise the disclosure of information.
The copyright in a literary or artistic work contained in an applicable document is not infringed by anything done:
by, or with the authority of, the responsible Commonwealth Minister or the Titles Administrator; and
for the purpose of the exercise of any of the powers of the responsible Commonwealth Minister or the Titles Administrator under this Part.
The following is a simplified outline of this Part:
• Certain decisions of the Titles Administrator and the responsible Commonwealth Minister relating to the release of technical information may be reviewed by the Administrative Review Tribunal.
In this Part:
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
reviewable Ministerial decision means a decision of the responsible Commonwealth Minister under: regulations made for the purposes of: paragraph 715(2)(c); or paragraph 715(3)(c); or paragraph 716(2)(c); or paragraph 716(3)(c); or paragraph 738(2)(c); or paragraph 739(2)(c); or paragraph 740A(2)(c); or paragraph 740A(3)(c); or paragraph 740B(2)(c); or paragraph 740B(3)(c); or clause 6, subclause 7(1), clause 8, or subclause 9(6) or (10), of Schedule 5.
regulations made for the purposes of:
paragraph 715(2)(c); or
paragraph 715(3)(c); or
paragraph 716(2)(c); or
paragraph 716(3)(c); or
paragraph 738(2)(c); or
paragraph 739(2)(c); or
paragraph 740A(2)(c); or
paragraph 740A(3)(c); or
paragraph 740B(2)(c); or
paragraph 740B(3)(c); or
clause 6, subclause 7(1), clause 8, or subclause 9(6) or (10), of Schedule 5.
reviewable Titles Administrator decision means a decision of the Titles Administrator under regulations made for the purposes of paragraph 712(2)(c) or 713(2)(c), where the decision is of a kind referred to in paragraph 718(2)(b).
Applications may be made to the Administrative Review Tribunal for review of a reviewable Ministerial decision.
Note: For notification of decision and review rights, see Administrative Review Tribunal Act 2024.section 266 of the
Applications may be made to the Administrative Review Tribunal for review of a reviewable Titles Administrator decision.
Note: For notification of decision and review rights, see Administrative Review Tribunal Act 2024.section 266 of the
The responsible Commonwealth Minister may, by writing, establish committees, to be known as expert advisory committees.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
An instrument made under subsection (1) is not a legislative instrument.
An expert advisory committee has the function of advising the responsible Commonwealth Minister about matters referred to it by the responsible Commonwealth Minister.
A matter referred under subsection (1) must be:
whether there is a significant risk that a key petroleum operation in an offshore area will have a significant adverse impact on:
operations for the injection of a greenhouse gas substance; or
operations for the storage of a greenhouse gas substance; or
whether there is a significant risk that a key greenhouse gas operation in an offshore area will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence; or
whether there is a significant risk that a key greenhouse gas operation in an offshore area will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence; or
an existing State/Territory petroleum exploration title; or
an existing State/Territory petroleum retention title; or
an existing State/Territory petroleum production title; or
a future State/Territory petroleum exploration title; or
a future State/Territory petroleum retention title; or
a future State/Territory petroleum production title; or
whether there is a significant risk that any of the operations that could be carried on under a greenhouse gas injection licence will have a significant adverse impact on operations that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence; or
whether there is a significant risk that any of the operations that could be carried on under a greenhouse gas injection licence will have a significant adverse impact on operations that are being, or could be, carried on under:
an existing petroleum exploration permit; or
an existing petroleum retention lease; or
an existing petroleum production licence; or
a future petroleum exploration permit; or
a future petroleum retention lease; or
a future petroleum production licence; or
an existing State/Territory petroleum exploration title; or
an existing State/Territory petroleum retention title; or
an existing State/Territory petroleum production title; or
a future State/Territory petroleum exploration title; or
a future State/Territory petroleum retention title; or
a future State/Territory petroleum production title; or
whether there is a significant risk that any of the operations that are being, or could be, carried on under a greenhouse gas injection licence will have a significant adverse impact on:
operations to recover petroleum; or
the commercial viability of the recovery of petroleum; or
whether a serious situation exists in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence (see section 379); or
a matter that relates to the exercise of any of the following powers:
the powers conferred by section 298;
the powers conferred by section 299;
the making of a declaration under section 312 or 312A;
the variation or revocation of a declaration under section 312 or 312A;
the giving of a direction under section 316;
the giving of a direction under section 351;
the variation of a matter specified in a greenhouse gas injection licence (see section 374 or 374A);
the giving of a direction under section 376;
the giving of a direction under section 380;
the taking of action under section 383;
the issuing of a pre-certificate notice (see section 388);
the making of a declaration under section 399;
the giving of a direction under section 593; or
a matter relating to the exercise of a power that:
is conferred on the responsible Commonwealth Minister by this Act or the regulations; and
is specified in regulations made for the purposes of this subparagraph.
Note: See also sections 295B, 323B and 360A (extended meaning of offshore area).
Each expert advisory committee member is to be appointed by the responsible Commonwealth Minister by written instrument.
An expert advisory committee member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
Note: An expert advisory committee member may be reappointed: see Acts Interpretation Act 1901.section 33AA of the
An expert advisory committee member holds office on a part-time basis.
The responsible Commonwealth Minister may terminate the appointment of an expert advisory committee member.
The responsible Commonwealth Minister may give an expert advisory committee written directions about:
the way in which the committee is to carry out its function; and
procedures to be followed in relation to meetings.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
A direction given under subsection (1) is not a legislative instrument.
An expert advisory committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.
However, an expert advisory committee member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full-time basis in the service or employment of:
a State; or
(b) a corporation (a public statutory corporation) that:
is established for a public purpose by a law of a State; and
is not a tertiary education institution; or
a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or
a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.
Note: A similar rule applies to an expert advisory committee member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.
An expert advisory committee member is to be paid the allowances that are prescribed by the regulations.
(4) This section (other than subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.
The responsible Commonwealth Minister may grant leave of absence to an expert advisory committee member on the terms and conditions that the responsible Commonwealth Minister determines.
An expert advisory committee member may resign his or her appointment by giving the responsible Commonwealth Minister a written resignation.
The resignation takes effect on the day it is received by the responsible Commonwealth Minister or, if a later day is specified in the resignation, on that later day.
An expert advisory committee member must give written notice to the responsible Commonwealth Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member’s functions.
A person who:
is an expert advisory committee member; and
has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by an expert advisory committee of which the person is a member;
must disclose the nature of the interest to a meeting of the committee.
(2) The disclosure must be made as soon as possible after the relevant facts have come to the expert advisory committee member’s knowledge.
The disclosure must be recorded in the minutes of the meeting of the expert advisory committee.
Unless the responsible Commonwealth Minister otherwise determines, the expert advisory committee member:
must not be present during any deliberation by the expert advisory committee on the matter; and
must not take part in any decision of the expert advisory committee with respect to the matter.
The responsible Commonwealth Minister may terminate the appointment of an expert advisory committee member if the member fails, without reasonable excuse, to comply with this section.
Subsection (5) does not limit subsection 750(4).
An expert advisory committee member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the responsible Commonwealth Minister.
Disclosure
(1) A person (the first person) commits an offence if:
the first person is or has been an expert advisory committee member; and
the first person has obtained information in the course of performing duties or functions as an expert advisory committee member; and
the first person discloses the information to another person; and
the disclosure could reasonably be expected to prejudice substantially the commercial interests of a person other than the person to whom the information was disclosed.
Penalty: Imprisonment for 1 year.
Subsection (1) does not apply if:
the first person is performing duties or functions as an expert advisory committee member; or
the first person is required by:
this Act or any other law of the Commonwealth; or
a prescribed law of a State or Territory;
to disclose the information.
Use
Note: The defendant bears an evidential burden in relation to a matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.
(3) A person (the first person) commits an offence if:
the first person is or has been an expert advisory committee member; and
the first person has obtained information in the course of performing duties or functions as an expert advisory committee member; and
the first person uses the information; and
the use could reasonably be expected to prejudice substantially the commercial interests of another person.
Penalty: Imprisonment for 1 year.
Subsection (3) does not apply if:
the first person is performing duties or functions as an expert advisory committee member; or
the first person is required by:
this Act or any other law of the Commonwealth; or
a prescribed law of a State or Territory;
to use the information.
Note: The defendant bears an evidential burden in relation to a matter in subsection (4)—see subsection 13.3(3) of the Criminal Code.
Scope
This section applies to the following applications:
an application under subsection 100(1) for approval to carry on one or more key petroleum operations under a declared petroleum exploration permit;
an application under section 137 for approval to carry on one or more key petroleum operations under a declared petroleum retention lease;
an application under subsection 163(1) for approval to carry on one more key petroleum operations under a declared petroleum production licence;
an application under subsection 292(1) or 292A(1) for approval to carry on one or more key greenhouse gas operations under a greenhouse gas assessment permit;
an application under subsection 321(1) or 321A(1) for approval to carry on one or more key greenhouse gas operations under a greenhouse gas holding lease;
an application under section 361 for the grant of a greenhouse gas injection licence;
an application under section 369 for the grant of a greenhouse gas injection licence;
where either or both of the following are relevant to the responsible Commonwealth Minister’s decision on the application:
the existence or non-existence of a designated agreement;
the terms of a designated agreement.
Requirement
If the responsible Commonwealth Minister believes on reasonable grounds that a person has information or a document that is relevant to the responsible Commonwealth Minister’s decision on the application, the responsible Commonwealth Minister may, by written notice given to the person, require the person:
to give to the responsible Commonwealth Minister, within the period and in the manner specified in the notice, any such information; or
to produce to the responsible Commonwealth Minister, within the period and in the manner specified in the notice, any such documents; or
to make copies of any such documents and to produce to the responsible Commonwealth Minister, within the period and in the manner specified in the notice, those copies.
A period specified under paragraph (2)(a), (b) or (c) must not be shorter than 14 days after the notice is given.
Offence
A person commits an offence if:
the person has been given a notice under subsection (2); and
the person omits to do an act; and
the omission contravenes a requirement in the notice.
Penalty: 100 penalty units.
Civil penalty
A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 150 penalty units.
Notice to set out the effect of offence and civil penalty provisions
A notice under subsection (2) must set out the effect of the following provisions:
subsection (4);
subsection (4A);
section 764;
section 765.
Note 1: Section 764 is about giving false or misleading information.
Note 2: Section 765 is about producing false or misleading documents.
A person is entitled to be paid reasonable compensation for complying with a requirement covered by paragraph 759(2)(c).
A person is not excused from giving information or producing a document under section 759 on the ground that the information or the production of the document might tend to incriminate the person or expose the person to a penalty.
However, in the case of an individual:
the information given or the document produced; or
giving the information or producing the document; or
any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document;
is not admissible in evidence against the individual:
in any civil proceedings; or
in criminal proceedings other than:
proceedings for an offence against subsection 759(4) or section 764 or 765; or
(ii) proceedings for an offence against Criminal Code that relates to this Division.section 137.1 or 137.2 of the
The responsible Commonwealth Minister may inspect a document produced under this Division and may make and retain copies of, or take and retain extracts from, such a document.
The responsible Commonwealth Minister may take possession of a document produced under this Division, and retain it for as long as is reasonably necessary.
The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the responsible Commonwealth Minister to be a true copy.
The certified copy must be received in all courts and tribunals as evidence as if it were the original.
Until a certified copy is supplied, the responsible Commonwealth Minister must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.
A person commits an offence if:
the responsible Commonwealth Minister requires the person to give information under subsection 759(2); and
the person gives information; and
the person does so knowing that the information is false or misleading in a material particular.
Penalty: 100 penalty units.
Note: The same conduct may be an offence against both this section and Criminal Code.section 137.1 of the
A person commits an offence if:
the person has been given a notice under subsection 759(2); and
the person produces a document to the responsible Commonwealth Minister; and
the person does so knowing that the document is false or misleading in a material particular; and
the document is produced in compliance or purported compliance with the notice.
Penalty: 100 penalty units.
Note: The same conduct may be an offence against both this section and Criminal Code.section 137.2 of the
Scope
This section applies if:
either:
information was given by a person to the responsible Commonwealth Minister under section 759; or
a document containing information was produced by a person to the responsible Commonwealth Minister under section 759; and
the person claims that the information is commercial-in-confidence information.
Protection of information
The responsible Commonwealth Minister, or a delegate of the responsible Commonwealth Minister, must not disclose the information to another person except:
for the purposes of this Act or the regulations; or
if the disclosure is to a member of an expert advisory committee for a purpose relating to the function of the committee; or
the disclosure is required by:
this Act or any other law of the Commonwealth; or
a prescribed law of a State or Territory.
Scope
This section applies if:
either:
information was given by a person to the responsible Commonwealth Minister under section 759; or
a document containing information was produced by a person to the responsible Commonwealth Minister under section 759; and
the person has not claimed that the information is commercial-in-confidence information.
Disclosure
The responsible Commonwealth Minister may disclose the information to another person for the purposes of:
the consideration by the other person of whether to enter into a designated agreement; or
the consideration by the other person of the terms of the designated agreement.
Scope
This section applies if:
either:
information was given by a person to the responsible Commonwealth Minister under section 733B; or
a document containing information was produced by a person to the responsible Commonwealth Minister under section 733B; and
the information relates to:
the existence or non-existence of a designated agreement; or
the terms of a designated agreement; and
the person claims that the information is commercial-in-confidence information.
Protection of information
The responsible Commonwealth Minister, or a delegate of the responsible Commonwealth Minister, must not disclose the information to another person except:
for the purposes of this Act or the regulations; or
if the disclosure is to a member of an expert advisory committee for a purpose relating to the function of the committee; or
the disclosure is required by:
this Act or any other law of the Commonwealth; or
a prescribed law of a State or Territory.
Scope
This section applies if:
either:
information was given by a person to the responsible Commonwealth Minister under section 733B; or
a document containing information was produced by a person to the responsible Commonwealth Minister under section 733B; and
the information relates to:
the existence or non-existence of a designated agreement; or
the terms of a designated agreement; and
the person has not claimed that the information is commercial-in-confidence information.
Disclosure
The responsible Commonwealth Minister may disclose the information to another person for the purposes of:
the consideration by the other person of whether to enter into a designated agreement; or
the consideration by the other person of the terms of the designated agreement.
Scope
This section applies to the following bodies and people:
the responsible Commonwealth Minister;
the Joint Authority;
a member of the Joint Authority;
the Cross-boundary Authority;
a member of the Cross-boundary Authority;
the Titles Administrator;
NOPSEMA;
the Chief Executive Officer of NOPSEMA;
a NOPSEMA inspector;
a person acting under the direction or authority of the responsible Commonwealth Minister, the Joint Authority, the Cross-boundary Authority or the Titles Administrator;
a person acting under the direction or authority of NOPSEMA or the Chief Executive Officer of NOPSEMA.
This section does not apply to a person or body merely because the person or body is acting in accordance with a proposal or plan (however described) that has been accepted, agreed or otherwise approved by or on behalf of the responsible Commonwealth Minister, the Joint Authority, the Titles Administrator or NOPSEMA.
Extent of liability
A body or person is not liable to an action, suit or proceeding for, or in relation to, an act or matter in good faith done or omitted to be done in the exercise, or purported exercise, of any power or authority conferred by:
this Act; or
the regulations; or
a direction under this Act.
Rectification of Register
This section has effect subject to sections 506 and 555.
Note: Sections 506 and 555 deal with rectification of Registers.
Judicial review
This section does not affect:
(a) any rights conferred on a person by the Administrative Decisions (Judicial Review) Act 1977 to apply to a court in relation to:
a decision; or
conduct engaged in for the purpose of making a decision; or
a failure to make a decision; or
any other rights that a person has to seek a review by a court or tribunal in relation to:
a decision; or
conduct engaged in for the purpose of making a decision; or
a failure to make a decision.
(6) An expression used in subsection (5) has the same meaning as in Administrative Decisions (Judicial Review) Act 1977.section 10 of the
The courts of the States are invested with federal jurisdiction in relation to matters arising under:
this Act; and
the regulations.
Subsection (1) does not apply to matters arising under the applied provisions.
Jurisdiction is invested under subsection (1) within the limits (other than limits of locality) of the jurisdiction of the court (whether those limits are limits as to subject matter or otherwise).
Jurisdiction is conferred on the courts of the Territories in relation to matters arising under:
this Act; and
the regulations.
Subsection (1) does not apply to matters arising under the applied provisions.
Jurisdiction is conferred under subsection (1) within the limits (other than limits of locality) of the jurisdiction of the court (whether those limits are limits as to subject matter or otherwise).
Eligible voluntary action
(1) For the purposes of this Division, each of the following actions is an eligible voluntary action if the action is permitted, but not required, to be taken under this Act:
making an application; or
giving a nomination; or
making a request; or
giving a notice; or
giving a plan; or
giving an objection;
to the Joint Authority, the Cross-boundary Authority, the Titles Administrator, the responsible Commonwealth Minister or NOPSEMA.
Subsection (1) does not apply to a notice given under:
paragraph 267A(1)(e); or
subsection 775B(2); or
subsection 775B(6); or
subsection 775C(2); or
subsection 775C(6); or
subsection 775CA(2); or
subsection 775CA(6); or
a provision of this Act, or a legislative instrument under this Act, that is prescribed by regulation.
This Act includes a legislative instrument
(3) For the purposes of this Division, this Act includes a legislative instrument under this Act.
Scope
This section applies if there are 2 or more registered holders of a petroleum title.
Nomination
Those registered holders may, by joint written notice given to the Titles Administrator, nominate one of them as being the person who is authorised to take eligible voluntary actions on behalf of the registered holders.
Note: For eligible voluntary action, see section 775A.
The joint written notice must be executed in an approved manner by or on behalf of each of the registered holders.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (3).
Eligible voluntary action to be taken by nominee
If:
the registered holders of a petroleum title have nominated a person under subsection (2); and
the nomination is in force; and
the nominated person takes an eligible voluntary action; and
the eligible voluntary action is expressed to be taken on behalf of the registered holders;
this Act has effect as if the eligible voluntary action were taken by the registered holders jointly.
The registered holders are not entitled to take an eligible voluntary action except:
in accordance with subsection (4); or
by taking the action jointly.
Revocation of nomination
If:
a person has been nominated under subsection (2) in relation to a petroleum title; and
one of the registered holders of the petroleum title, by written notice given to the Titles Administrator, revokes the nomination;
the nomination ceases to be in force.
If a registered holder of a petroleum title revokes a nomination under subsection (6), that registered holder must give written notice of the revocation to each of the other registered holders as soon as practicable after the revocation.
Cessation of nomination—nominee ceases to be a registered holder
If:
a person has been nominated under subsection (2) in relation to a petroleum title; and
the nominated person ceases to be one of the registered holders of the petroleum title;
the nomination ceases to be in force.
Effect of cessation in force of nomination
If the nomination of a registered holder of a petroleum title ceases to be in force under subsection (6) or (7), the cessation in force of the nomination does not affect the validity of an eligible voluntary action taken by the registered holder (or former registered holder) before the nomination ceases to be in force.
Definition
In this section:
petroleum title means:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence, where the infrastructure facility to which the licence relates is a facility, structure or installation for engaging in any of the activities to which subsection 15(2) applies; or
a pipeline licence, where the pipeline to which the licence relates is a petroleum pipeline; or
a petroleum special prospecting authority; or
a petroleum access authority.
Scope
This section applies if there are 2 or more registered holders of a greenhouse gas title (other than a cross-boundary greenhouse gas assessment permit, a cross-boundary greenhouse gas holding lease or a cross-boundary greenhouse gas injection licence).
Nomination
Those registered holders may, by joint written notice given to the responsible Commonwealth Minister, nominate one of them as being the person who is authorised to take eligible voluntary actions on behalf of the registered holders.
Note: For eligible voluntary action, see section 775A.
The joint written notice must be executed in an approved manner by or on behalf of each of the registered holders.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (3).
Eligible voluntary action to be taken by nominee
If:
the registered holders of a greenhouse gas title have nominated a person under subsection (2); and
the nomination is in force; and
the nominated person takes an eligible voluntary action; and
the eligible voluntary action is expressed to be taken on behalf of the registered holders;
this Act has effect as if the eligible voluntary action were taken by the registered holders jointly.
The registered holders are not entitled to take an eligible voluntary action except:
in accordance with subsection (4); or
by taking the action jointly.
Revocation of nomination
If:
a person has been nominated under subsection (2) in relation to a greenhouse gas title; and
one of the registered holders of the greenhouse gas title, by written notice given to the responsible Commonwealth Minister, revokes the nomination;
the nomination ceases to be in force.
If a registered holder of a greenhouse gas title revokes a nomination under subsection (6), that registered holder must give written notice of the revocation to each of the other registered holders as soon as practicable after the revocation.
Cessation of nomination—nominee ceases to be a registered holder
If:
a person has been nominated under subsection (2) in relation to a greenhouse gas title; and
the nominated person ceases to be one of the registered holders of the greenhouse gas title;
the nomination ceases to be in force.
Effect of cessation in force of nomination
If the nomination of a registered holder of a greenhouse gas title ceases to be in force under subsection (6) or (7), the cessation in force of the nomination does not affect the validity of an eligible voluntary action taken by the registered holder (or former registered holder) before the nomination ceases to be in force.
Definition
In this section:
greenhouse gas title means:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
an infrastructure licence, where the infrastructure facility to which the licence relates is a facility, structure or installation for engaging in any of the activities to which subsection 15(3) applies; or
a pipeline licence, where the pipeline to which the licence relates is a greenhouse gas pipeline; or
a greenhouse gas search authority; or
a greenhouse gas special authority.
Scope
This section applies if there are 2 or more registered holders of a cross-boundary greenhouse gas title.
Nomination
Those registered holders may, by joint written notice given to the Titles Administrator, nominate one of them as being the person who is authorised to take eligible voluntary actions on behalf of the registered holders.
Note: For eligible voluntary action, see section 775A.
The joint written notice must be executed in an approved manner by or on behalf of each of the registered holders.
The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (3).
Eligible voluntary action to be taken by nominee
If:
the registered holders of a cross-boundary greenhouse gas title have nominated a person under subsection (2); and
the nomination is in force; and
the nominated person takes an eligible voluntary action; and
the eligible voluntary action is expressed to be taken on behalf of the registered holders;
this Act has effect as if the eligible voluntary action were taken by the registered holders jointly.
The registered holders are not entitled to take an eligible voluntary action except:
in accordance with subsection (4); or
by taking the action jointly.
Revocation of nomination
If:
a person has been nominated under subsection (2) in relation to a cross-boundary greenhouse gas title; and
one of the registered holders of the cross-boundary greenhouse gas title, by written notice given to the Titles Administrator, revokes the nomination;
the nomination ceases to be in force.
If a registered holder of a cross-boundary greenhouse gas title revokes a nomination under subsection (6), that registered holder must give written notice of the revocation to each of the other registered holders as soon as practicable after the revocation.
Cessation of nomination—nominee ceases to be a registered holder
If:
a person has been nominated under subsection (2) in relation to a cross-boundary greenhouse gas title; and
the nominated person ceases to be one of the registered holders of the cross-boundary greenhouse gas title;
the nomination ceases to be in force.
Effect of cessation in force of nomination
If the nomination of a registered holder of a cross-boundary greenhouse gas title ceases to be in force under subsection (6) or (8), the cessation in force of the nomination does not affect the validity of an eligible voluntary action taken by the registered holder (or former registered holder) before the nomination ceases to be in force.
Definition
In this section:
cross-boundary greenhouse gas title means:
a cross-boundary greenhouse gas assessment permit; or
a cross-boundary greenhouse gas holding lease; or
a cross-boundary greenhouse gas injection licence.
Obligations of titleholders
If:
this Act, or a legislative instrument under this Act, imposes an obligation on the registered holder of a petroleum title; and
there are 2 or more registered holders of the petroleum title;
the obligation is imposed on each of the registered holders, but may be discharged by any of the registered holders.
The regulations may exempt a specified obligation from the scope of subsection (1).
Definition
In this section:
petroleum title means:
a petroleum exploration permit; or
a petroleum retention lease; or
a petroleum production licence; or
an infrastructure licence, where the infrastructure facility to which the licence relates is a facility, structure or installation for engaging in any of the activities to which subsection 15(2) applies; or
a pipeline licence, where the pipeline to which the licence relates is a petroleum pipeline; or
a petroleum special prospecting authority; or
a petroleum access authority.
Obligations of titleholders
If:
this Act, or a legislative instrument under this Act, imposes an obligation on the registered holder of a greenhouse gas title; and
there are 2 or more registered holders of the greenhouse gas title;
the obligation is imposed on each of the registered holders, but may be discharged by any of the registered holders.
The regulations may exempt a specified obligation from the scope of subsection (1).
Definition
In this section:
greenhouse gas title means:
a greenhouse gas assessment permit; or
a greenhouse gas holding lease; or
a greenhouse gas injection licence; or
an infrastructure licence, where the infrastructure facility to which the licence relates is a facility, structure or installation for engaging in any of the activities to which subsection 15(3) applies; or
a pipeline licence, where the pipeline to which the licence relates is a greenhouse gas pipeline; or
a greenhouse gas search authority; or
a greenhouse gas special authority.
Scope
This section applies if:
(a) an instrument or notice is required by this Act or the regulations to be published in the Gazette; and
the instrument or notice has effect in relation to an offshore area of a State or external Territory.
Note: The offshore area of a State or Territory is defined by section 8.
Publication in Government Gazette of the State or Territory
(2) The instrument or notice may be published in the Government Gazette of the State or Territory and, in that event, is taken to have been published in the Gazette.
Scope
This section applies if:
(a) an instrument or notice is required by this Act or the regulations to be published in the Gazette; and
the instrument or notice has effect in relation to:
the Principal Northern Territory offshore area; or
the Eastern Greater Sunrise offshore area.
Publication in Government Gazette of the Northern Territory
(2) The instrument or notice may be published in the Government Gazette of the Northern Territory and, in that event, is taken to have been published in the Gazette.
The responsible Commonwealth Minister may, by writing, delegate any or all of his or her functions or powers under this Act or the regulations to:
the Chief Executive Officer of NOPSEMA; or
the Secretary; or
an SES employee, or acting SES employee, in the Department.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
In performing functions or exercising powers under a delegation, the delegate must comply with any directions of the responsible Commonwealth Minister.
Note: See sections 34AA to 34A of the Acts Interpretation Act 1901.
Subsection (1) does not apply to the responsible Commonwealth Minister’s functions or powers under this Act or the regulations as, or as a member of, the Joint Authority for an offshore area.
Sub-delegation
If a function or power is delegated to the Chief Executive Officer of NOPSEMA under subsection (1), the Chief Executive Officer of NOPSEMA may, by writing, sub-delegate the function or power to a member of the staff of NOPSEMA.
(5) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to the sub-delegation in a corresponding way to the way in which they apply in relation to a delegation.
In performing functions or exercising powers under a sub-delegation, the sub-delegate must comply with any directions of the responsible Commonwealth Minister.
A provision of this Act that requires the responsible Commonwealth Minister or the Joint Authority to have regard to the public interest in making a particular decision does not, by implication, prevent:
the responsible Commonwealth Minister; or
the Joint Authority; or
the Titles Administrator; or
NOPSEMA;
from having regard to the public interest when making any other decision under this Act.
Subsection (1) is enacted for the avoidance of doubt.
If the operation of this Act or the regulations would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
Despite subsection (1), the following sections have no effect to the extent (if any) to which their operation would result in the acquisition of property otherwise than on just terms:
section 586;
section 586A;
section 587;
section 587A;
section 591B;
section 592;
section 594A;
section 595.
In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
The responsible Commonwealth Minister may, in writing, appoint a person to:
conduct a Commission of inquiry into matters specified in the instrument of appointment relating to any or all of the following:
a significant offshore petroleum incident;
any matters incidental to a significant offshore petroleum incident;
a significant offshore greenhouse gas incident;
any matters incidental to a significant offshore greenhouse gas incident; and
report to the responsible Commonwealth Minister on the matters (including any recommendations relating to the matters) on or before a day specified in the instrument of appointment.
The appointment takes effect on the day of effect specified in the instrument of appointment. The day of effect must not be earlier than the day on which the instrument is made.
(3) A copy of the instrument must be published in the Gazette.
The Commissioner’s report is not a legislative instrument.
(5) For the purposes of this section, a significant offshore petroleum incident is a significant incident or occurrence that relates to any or all of the following operations in an offshore area:
petroleum exploration operations;
petroleum recovery operations;
operations relating to the processing or storage of petroleum;
operations relating to the preparation of petroleum for transport;
operations connected with the construction or operation of a pipeline;
operations relating to the decommissioning or removal of structures, equipment or other items of property that have been brought into an offshore area for or in connection with any of the operations mentioned in paragraph (a), (b), (c), (d) or (e).
Paragraph (5)(f) does not, by implication, limit paragraph (5)(a), (b), (c), (d) or (e).
(7) For the purposes of this section, a significant offshore greenhouse gas incident is a significant incident or occurrence that relates to any or all of the following operations in an offshore area:
operations relating to exploration for a potential greenhouse gas storage formation or a potential greenhouse gas injection site;
operations relating to the injection of a greenhouse gas substance into the seabed or subsoil;
operations relating to the storage of a greenhouse gas substance in the seabed or subsoil;
operations relating to the processing, compression or pre-injection storage of a greenhouse gas substance;
operations relating to the preparation of a greenhouse gas substance for transport;
operations relating to the decommissioning or removal of structures, equipment or other items of property that have been brought into an offshore area for or in connection with any of the operations mentioned in paragraph (a), (b), (c), (d) or (e).
Paragraph (7)(f) does not, by implication, limit paragraph (7)(a), (b), (c), (d) or (e).
(9) For the purposes of this section, a significant incident or occurrence includes circumstances in which a significant incident or occurrence nearly happened.
Note: NOPSEMA may issue directions to petroleum titleholders in relation to significant offshore petroleum incidents (other than those to which subsection (9) relates): see Division 2A of Part 6.2.
A Commissioner may hold hearings for the purposes of a Commission of inquiry.
The hearings may be held at such places, whether within or outside Australia, as the Commissioner determines.
Subject to this Act, the procedure at a hearing is to be such as the Commissioner determines.
A Commissioner is not bound by the rules of evidence and may inform himself or herself on any matter in such manner as he or she thinks fit.
The Secretary may enter into an arrangement with the Commissioner of a Commission of inquiry to make APS employees in the Department available, for a period not exceeding the duration of the Commission of inquiry, to assist with the conduct of the Commission of inquiry.
In performing functions and exercising powers to the extent reasonably necessary to assist with the conduct of a Commission of inquiry, an APS employee made available under such an arrangement:
is subject to the directions of the Commissioner; and
is not subject to the directions of the Secretary.
(1) Subject to this section, the Royal Commissions Act 1902, other than sections 4 and 5, applies in relation to a Commission of inquiry, and to the Commissioner conducting it, as if:
the Commission of inquiry were a Royal Commission; and
the Commissioner were a member of a Royal Commission; and
that Act bound the Crown in each of its capacities.
This section does not make the Crown liable to be prosecuted for an offence.
(3) The regulations may, for the purposes of the application of Royal Commissions Act 1902 in accordance with subsection (1) of this section, provide for or specify matters of the kind referred to in subsection 9(2) of that Act.section 9 of the
(4) Section 9 of the Royal Commissions Act 1902, in its application in accordance with subsection (1) of this section, has effect as if those regulations were regulations made for the purposes of subsection 9(2) of that Act.
(5) Sections 10 and 15 of the Royal Commissions Act 1902, in their application in accordance with subsection (1) of this section, have effect as if references in those sections to offences against that Act included references to such offences as apply in accordance with subsection (1) of this section.
The Secretary may, in writing, determine that a specified person, or a person included in a specified class of persons, who is engaged by the Commonwealth to assist with the conduct of a Commission of inquiry has all the functions and powers of, or specified functions and/or powers of:
a NOPSEMA inspector (other than a Greater Sunrise visiting inspector); and
a Greater Sunrise visiting inspector;
for the purposes of this Act and the regulations.
The person is taken, for the purposes of this Act and the regulations, to be:
a NOPSEMA inspector (other than a Greater Sunrise visiting inspector); or
a Greater Sunrise visiting inspector;
as the case may be, in connection with the performance of those functions and the exercise of those powers.
In performing those functions and exercising those powers, the person:
is subject to the directions of the Commissioner; and
is not subject to the directions of:
the Secretary; or
the Titles Administrator; or
the responsible Commonwealth Minister; or
NOPSEMA.
Identity cards
The Secretary must issue an identity card to the person. The identity card must:
specify the Commission of inquiry concerned; and
contain a recent photograph of the person.
A person commits an offence if:
the person has been issued with an identity card; and
the person ceases to be subject to a determination under subsection (1); and
the person does not immediately return the identity card to:
the Secretary; or
if the Secretary, by written notice given to the person, specifies another person to whom the card is to be returned—that other person.
Penalty: 5 penalty units.
Subsection (5) does not apply if the identity card was lost or destroyed.
Note: The defendant bears an evidential burden in relation to the matter in this subsection—see subsection 13.3(3) of the Criminal Code.
Continuing offences
A person who commits an offence against subsection (5) commits a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the offence continues.
The maximum penalty for each day that an offence under subsection (5) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
A person who is subject to a determination under subsection (1) must carry the identity card at all times when exercising powers, or performing functions, for the purposes of this Act or the regulations as:
a NOPSEMA inspector (other than a Greater Sunrise visiting inspector); or
a Greater Sunrise visiting inspector.
The provisions covered by subsection (8A) do not apply to a person who is subject to a determination under subsection (1) if the person is exercising powers, or performing functions, for the purposes of this Act or the regulations as:
a NOPSEMA inspector (other than a Greater Sunrise visiting inspector); or
a Greater Sunrise visiting inspector.
For the purposes of subsection (8), the following provisions are covered by this subsection, namely, subsection 35(6) or 76(6) of the Regulatory Powers Act, as it applies in relation to a NOPSEMA inspector (see Division 1 of Part 6.5 of this Act).
Note: The listed provisions require NOPSEMA inspectors to carry their identity cards with them at all times while exercising their powers.
This Act has effect, in relation to a person who is subject to a determination under subsection (1), as if the identity card were the identity card of each of the following:
a NOPSEMA inspector (other than a Greater Sunrise visiting inspector);
a Greater Sunrise visiting inspector.
A determination made under subsection (1) is not a legislative instrument.
A law of the Commonwealth that relates to the disclosure of information applies in relation to disclosure of information to a Commission of inquiry in the same way that it would apply to disclosure of the information to a Royal Commission.
Each of the following is declared not to be personal property for the purposes of the Personal Property Securities Act 2009:
a petroleum exploration permit;
a petroleum retention lease;
a petroleum production licence;
an infrastructure licence;
a pipeline licence;
a petroleum special prospecting authority;
a petroleum access authority;
a greenhouse gas assessment permit;
a greenhouse gas holding lease;
a greenhouse gas injection licence;
a greenhouse gas search authority;
a greenhouse gas special authority;
an interest, right, determination or option referred to in item 1, 2, 3, 4, 5, 6 or 7 of the table in section 486;
an interest, right, determination or option referred to in item 1, 2, 3, 4, 5 or 6 of the table in section 537;
any other interest or right in, or in relation to, a permit, lease, licence or authority covered by paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (l) of this section.
Note: See paragraph 8(1)(k) of the Personal Property Securities Act 2009.
• This Part is about the renewal, or the extension of the term, of a petroleum title, where:
(a) the relevant title area is wholly or partly located in a Commonwealth reserve (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999); and
the title was in force immediately before the declaration of the Commonwealth reserve.
• This Part validates a renewal, or an extension of the term, of a petroleum title that:
occurred before 1 January 2016; and
(b) was invalid because consent was not given by the Environment Minister under subsection 359(3) of the Environment Protection and Biodiversity Conservation Act 1999.
Note 1: Subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999, exempts certain usage rights from:
the regulatory regime in Division 4 of Part 15 of that Act; and
the provisions of a management plan for a Commonwealth reserve.
Note 2: Under subsection 359(3) of the Environment Protection and Biodiversity Conservation Act 1999, certain usage rights cannot be renewed or extended without the consent of the Environment Minister.
If:
before 1 January 2016:
a petroleum exploration permit was purportedly renewed under this Act; or
a petroleum retention lease was purportedly renewed under this Act; or
a fixed-term petroleum production licence was purportedly renewed under this Act; and
(b) the purported renewal would, apart from this subsection, be invalid because consent was not given under subsection 359(3) of the Environment Protection and Biodiversity Conservation Act 1999;
the purported renewal is as valid and effective, and is taken always to have been as valid and effective, as it would have been if:
consent had been given under that subsection; and
that consent had not been subject to any conditions.
If:
before 1 January 2016:
the term of a petroleum exploration permit was purportedly extended under this Act; or
the term of a petroleum retention lease was purportedly extended under this Act; and
(b) the purported extension would, apart from this subsection, be invalid because consent was not given under subsection 359(3) of the Environment Protection and Biodiversity Conservation Act 1999;
the purported extension is as valid and effective, and is taken always to have been as valid and effective, as it would have been if:
consent had been given under that subsection; and
that consent had not been subject to any conditions.
Petroleum exploration permit
If:
(a) subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applied to a petroleum exploration permit granted before the commencement of this section (the earlier permit); and
the earlier permit was renewed before the commencement of this section;
subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies, and is taken always to have applied, to the petroleum exploration permit granted by way of renewal in a corresponding way to the way in which it applied to the earlier permit.
If:
(a) subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies or applied to a petroleum exploration permit granted before the commencement of this section; and
the term of the permit was extended before the commencement of this section;
subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 continues to apply, and is taken to have continued to apply, to the permit during the period of the extension.
Petroleum retention lease
If:
(a) subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applied to a petroleum retention lease granted before the commencement of this section (the earlier lease); and
the earlier lease was renewed before the commencement of this section;
subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies, and is taken always to have applied, to the petroleum retention lease granted by way of renewal in a corresponding way to the way in which it applied to the earlier lease.
If:
(a) subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies or applied to a petroleum retention lease granted before the commencement of this section; and
the term of the lease was extended before the commencement of this section;
subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 continues to apply, and is taken to have continued to apply, to the lease during the period of the extension.
Fixed-term petroleum production licence
If:
(a) subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applied to a fixed-term petroleum production licence granted before the commencement of this section (the earlier licence); and
the earlier licence was renewed before the commencement of this section;
subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies, and is taken always to have applied, to the fixed-term petroleum production licence granted by way of renewal in a corresponding way to the way in which it applied to the earlier licence.
If:
(a) subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies or applied to a petroleum production licence granted before the commencement of this section; and
the term of the licence was extended before the commencement of this section;
subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 continues to apply, and is taken to have continued to apply, to the licence during the period of the extension.
The following exercise Australia’s rights and responsibilities relating to Petroleum Activities, within the meaning of the Timor Sea Maritime Boundaries Treaty, in the Greater Sunrise special regime area in accordance with the treaty:
the Timorese Designated Authority;
the Governance Board provided for by Annex B to the treaty;
the Dispute Resolution Committee provided for by Annex B to the treaty.
So far as a law of the Commonwealth, a State or a Territory applies in or in relation to the Greater Sunrise special regime area, the law has effect subject to the following:
regulations issued by the Timorese Designated Authority under paragraph 3(n) or (o) of Article 6 of Annex B to the Timor Sea Maritime Boundaries Treaty (about protection of the marine environment in that area and occupational health and safety of persons employed on certain installations, structures and facilities in that area);
the Interim Petroleum Mining Code and interim regulations for the purposes of that Code while they are in force under paragraph 1 of Article 11 of Annex B to the Timor Sea Maritime Boundaries Treaty;
the final Petroleum Mining Code issued by the Governance Board under paragraph 2 of Article 11 of Annex B to the Timor Sea Maritime Boundaries Treaty.
Note: Laws of the Commonwealth do not apply in relation to an act, omission, matter or thing directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area unless there is a contrary intention: see Seas and Submerged Lands Act 1973.section 13AB of the
If the responsible Commonwealth Minister is satisfied that a person proposes to construct a petroleum pipeline for conveying petroleum recovered from the Greater Sunrise special regime area to a place in Australia, the Minister may, by notifiable instrument, declare an area, through which the pipeline is proposed to extend, as the Greater Sunrise pipeline international offshore area.
The area must:
consist at least partly of an area in the Greater Sunrise special regime area; and
adjoin (but not include any of) an offshore area of a State or Territory.
Note: Depending on the proposed route of the pipeline, the area may cover part of the continental shelf of Timor-Leste between an edge of the Greater Sunrise special regime area and the offshore area of a State or Territory.
The Governor-General may make regulations prescribing matters:
required or permitted by this Act to be prescribed; or
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
The regulations may make provision for securing, regulating, controlling or restricting any or all of the matters set out in the table:
Subsection (1) does not limit section 781.
(1) A regulation (a service regulation) may provide for or in relation to the way in which documents are required or permitted to be given for the purposes of this Act or a legislative instrument under this Act.
Example 1: A service regulation may require or permit documents to be given by email or fax or another form of electronic transmission.
Example 2: If a service regulation requires or permits documents to be given by email transmission, or by prepayment and postage as letters, the regulation may provide for a time at which the documents are taken to be given.
Electronic Transactions Act 1999 overridden
(2) This section, and any service regulations, have effect despite any provision in the Electronic Transactions Act 1999.
The regulations may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument:
as in force or existing at the time when the regulations take effect; or
as in force or existing from time to time;
so long as the code of practice or standard is relevant to that matter.
To avoid doubt, subsection (1) applies to an instrument, whether issued or made in Australia or outside Australia.
The regulations may prohibit the doing of an act or thing either:
unconditionally; or
subject to conditions (including conditions requiring the grant, as prescribed by the regulations, of the consent or approval of a person).
To avoid doubt, nothing in section 99, 136, 162, 195, 212, 231, 240, 253, 291, 291A, 320, 320A, 358, 358A, 404, 413 or 424 limits the regulations that may be made under this Act.
(2) Subsection (1) does not limit the operation of subsection 33(3B) of the Acts Interpretation Act 1901.
The regulations may, to the extent to which this Act does not do so, provide for the exercise of Australia’s rights, and compliance with Australia’s obligations, under international law in relation to:
exploring for; and
exploiting;
petroleum as a natural resource of the continental shelf (whether in an offshore area or not).
The regulations may, to the extent to which this Act does not do so, provide for the exercise of Australia’s rights, and compliance with Australia’s obligations, under international law in relation to:
the injection of a greenhouse gas substance into a part of a geological formation, where that part is wholly situated within the continental shelf (whether in an offshore area or not); and
the storage of a greenhouse gas substance in a part of a geological formation, where that part is wholly situated within the continental shelf (whether in an offshore area or not).
The regulations may, to the extent to which this Act does not do so, provide for the exercise of Australia’s rights under international law in relation to:
exploring for; and
exploiting;
the petroleum which occurs as a natural resource of the seabed and subsoil of the submarine areas within the territorial limits of the Commonwealth and the Territories.
The regulations may, to the extent to which this Act does not do so, provide for the exercise of Australia’s rights under international law in relation to:
the injection of a greenhouse gas substance into a part of a geological formation, where that part is wholly situated within the territorial limits of the Commonwealth and the Territories; and
the storage of a greenhouse gas substance in a part of a geological formation, where that part is wholly situated within the territorial limits of the Commonwealth and the Territories.
The regulations may provide for offences against the regulations.
The penalties for offences against the regulations must not exceed:
a fine of 100 penalty units; or
a fine of 100 penalty units for each day on which the offence occurs.
Regulations may:
make a provision of a regulation a civil penalty provision (see Part 4 of the Regulatory Powers Act); and
provide that a civil penalty provision of the regulations may be enforced under Part 4 of the Regulatory Powers Act; and
provide that a person is an authorised applicant in relation to one or more civil penalty provisions of the regulations for the purposes of Part 4 of the Regulatory Powers Act; and
provide that a court is a relevant court in relation to one or more civil penalty provisions of the regulations for the purposes of Part 4 of the Regulatory Powers Act; and
provide that an offence provision or a civil penalty provision in a regulation is subject to an infringement notice (see Part 5 of the Regulatory Powers Act); and
provide that a person is an infringement officer in relation to one or more provisions of the regulations for the purposes of Part 5 of the Regulatory Powers Act; and
provide that a person is the relevant chief executive in relation to one or more provisions of the regulations for the purposes of Part 5 of the Regulatory Powers Act; and
(abc) make a provision of the regulations enforceable under Part 6 of the Regulatory Powers Act (which deals with enforceable undertakings); and
provide that a person is an authorised person in relation to one or more provisions of the regulations for the purposes of Part 6 of the Regulatory Powers Act; and
provide that a court is a relevant court in relation to one or more provisions of the regulations for the purposes of Part 6 of the Regulatory Powers Act; and
make a provision of an OP/GGS legislative instrument enforceable under Part 7 of the Regulatory Powers Act (which deals with injunctions); and
provide that a person is an authorised person in relation to one or more provisions of an OP/GGS legislative instrument for the purposes of Part 7 of the Regulatory Powers Act; and
provide that a court is a relevant court in relation to one or more provisions of an OP/GGS legislative instrument for the purposes of Part 7 of the Regulatory Powers Act; and
modify the Regulatory Powers Act as it applies in relation to a regulation.
Continuing contravention
If a contravention of a civil penalty provision in the regulations is a continuing contravention, the regulations may provide that the maximum civil penalty for each day that the contravention continues is 10% of the maximum civil penalty that could be imposed in respect of that contravention.
Extension to offshore areas
Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions covered by regulations made for the purposes of paragraph (1)(aa), extends to each offshore area.
Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(ab), extends to each offshore area.
Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(abc), extends to each offshore area.
Part 7 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(ac), extends to each offshore area.
Extension to external Territories etc.
Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions covered by regulations made for the purposes of paragraph (1)(aa), extends to each external Territory referred to in section 34.
Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(ab), extends to each external Territory referred to in section 34.
Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(abc), extends to each external Territory referred to in section 34.
Part 7 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(ac), extends to each external Territory referred to in section 34.
Application of the Regulatory Powers Act
(11) In determining the meaning of the expression an Act provides, when used in Part 4, 5, 6 or 7 of the Regulatory Powers Act, assume that regulations made for the purposes of subsection (1) are an Act.
OP/GGS legislative instrument
(12) For the purposes of this section, OP/GGS legislative instrument means a legislative instrument made under this Act.
(1) In determining whether a matter or thing is or was covered by the definition of environment in prescribed regulations made under this Act, it is immaterial, and is taken always to have been immaterial, whether the matter or thing is or was:
in an offshore area; or
in the coastal waters of a State or the Northern Territory; or
on land, or in waters, within the limits of a State or Territory.
Subsection (1) is enacted for the avoidance of doubt.
Prescribed regulations made under this Act (read together with section 790B) rely, and are taken always to have relied, on the Commonwealth’s legislative powers under paragraphs 51(xxix) (external affairs) and (xxxix) (incidental matters) of the Constitution.
In addition to section 790C, prescribed regulations made under this Act (read together with section 790B) also have, and are taken always to have also had, effect as provided by this section.
Corporations
Prescribed regulations made under this Act (read together with section 790B) also have, and are taken always to have also had, the effect they would have if:
a reference to a petroleum activity were expressly confined to a petroleum activity undertaken by a constitutional corporation; and
a reference to a greenhouse gas activity were expressly confined to a greenhouse gas activity undertaken by a constitutional corporation.
Territories
Prescribed regulations made under this Act (read together with section 790B) also have, and are taken always to have also had, the effect they would have if:
a reference to a petroleum activity were expressly confined to a petroleum activity that has resulted, or could result, in an escape of petroleum, where the escaped petroleum migrates, or is likely to migrate, to land or waters within the limits of a Territory; and
a reference to a greenhouse gas activity were expressly confined to a greenhouse gas activity that has resulted, or could result, in an impact on, or risk to, a matter or thing on land, or in waters, within the limits of a Territory.
Schedule 6 has effect.
Offshore Petroleum and Greenhouse Gas Storage Act 2006
No. 14, 2006
Compilation No. 60
Compilation date: 5 December 2025
Includes amendments: Act No. 73, 2025
This compilation is in 4 volumes
Volume 1: sections 1-286C
Volume 2: sections 287-565A
Volume 3: sections 566-791
Volume 4: Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that shows the text of the law as amended and in force on 5 December 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self -repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
-Schedule 1—Scheduled areas for the States and Territories 1
1 Scheduled area for New South Wales 1
2 Scheduled area for Victoria 3
3 Scheduled area for Queensland 4
4 Scheduled area for South Australia 7
5 Scheduled area for Western Australia 7
6 Scheduled area for Tasmania 12
7 Scheduled area for the Northern Territory 15
8 Scheduled area for the Territory of Ashmore and Cartier Islands 17
9 References to this Schedule in other laws 20
Schedule 2—Area that includes the area to be avoided 21
1 Area that includes the area to be avoided 21
Schedule 2A—Environmental management laws: additional NOPSEMA inspection powers 22
Part 1—Introduction 22
1 Simplified outline of this Schedule 22
2 Definitions 23
2A Declared oil pollution emergency 28
2B Emergency response premises 32
Part 2—Environmental inspections 35
Division 1—Environmental inspections: general provisions 35
3 Environmental inspections—nature of inspections 35
4 Environmental inspections—offshore premises 37
5 Environmental inspections—regulated business premises 38
6 Environmental inspections—obstructing or hindering NOPSEMA inspector 41
Division 2—Environmental inspections: compliance powers 42
7 Environmental inspections—power to require assistance 42
8 Environmental inspections—powers to require information, and the production of documents and things 44
9 Environmental inspections—power to take possession of plant and samples etc. 51
10 Environmental do not disturb notices (general) 54
11 Environmental inspections—environmental do not disturb notices (notification and display) 56
11A Environmental inspections—environmental prohibition notices (issue) 56
11B Environmental inspections—environmental prohibition notices (notification) 59
11C Environmental inspections—environmental improvement notices (issue) 61
11D Environmental inspections—environmental improvement notices (compliance and notification) 63
12 Environmental inspections—tampering with and removing notices 65
12A Environmental inspections—publishing environmental prohibition notices and environmental improvement notices 66
Division 3—Reports: inspections concerning environmental management laws 68
13 Reports on inspections concerning environmental management laws 68
Part 3—General 70
14 Meaning of offence against an environmental management law 70
15 Offences against environmental management laws—prosecutions 70
16 Offences against environmental management laws—conduct of directors, employees and agents 70
17 Environmental inspections—civil proceedings 72
18 Offences against environmental management laws—defence of circumstances preventing compliance 72
19 Constitutional basis of this Schedule 73
20 Additional operation of this Schedule 73
Schedule 2B—Well integrity laws: additional NOPSEMA inspection powers 74
Part 1—Introduction 74
1 Simplified outline of this Schedule 74
2 Definitions 74
Part 2—Well integrity inspections 78
Division 1—Well integrity inspections: general provisions 78
3 Well integrity inspections—nature of inspections 78
4 Well integrity inspections—facility 79
5 Well integrity inspections—regulated business premises 80
6 Well integrity inspections—obstructing or hindering NOPSEMA inspector 81
Division 2—Well integrity inspections: compliance powers 83
7 Well integrity inspections—power to require assistance 83
8 Well integrity inspections—powers to require information, and the production of documents and things 84
9 Well integrity inspections—power to take possession of plant and samples etc. 90
10 Well integrity inspections—well integrity do not disturb notices (general) 92
11 Well integrity inspections—well integrity do not disturb notices (notification and display) 94
12 Well integrity inspections—well integrity prohibition notices (issue) 94
13 Well integrity inspections—well integrity prohibition notices (notification) 96
14 Well integrity inspections—well integrity improvement notices (issue) 97
15 Well integrity inspections—well integrity improvement notices (compliance and notification) 99
16 Well integrity inspections—tampering with and removing notices 100
17 Well integrity inspections—publishing well integrity prohibition notices and well integrity improvement notices 101
Division 3—Reports: inspections concerning well integrity laws 103
18 Reports on inspections concerning well integrity laws 103
Part 3—General 105
19 Meaning of offence against a well integrity law 105
20 Offences against well integrity laws—prosecutions 105
21 Offences against well integrity laws—conduct of directors, employees and agents 105
22 Well integrity inspections—civil proceedings 107
23 Offences against well integrity laws—defence of circumstances preventing compliance 107
Schedule 3—Occupational health and safety 108
Part 1—Introduction 108
1 Objects 108
2 Simplified outline 108
3 Definitions 110
4 Facilities 118
5 Operator of a facility or proposed facility 122
6 Operator must ensure presence of operator’s representative 123
7 Health and safety of persons using an accommodation facility 124
8 Contractor 124
8A When a petroleum title is derived from another petroleum title 125
8B When a greenhouse gas title is derived from another greenhouse gas title 126
Part 2—Occupational health and safety 128
Division 1—Duties relating to occupational health and safety 128
9 Duties of operator 128
10 Duties of persons in control of parts of facility or particular work 130
11 Duties of employers 131
12 Duties of manufacturers in relation to plant and substances 133
13 Duties of suppliers of facilities, plant and substances 135
13A Duties of petroleum titleholders in relation to wells 137
13B Duties of greenhouse gas titleholders in relation to wells 139
13C Duties of titleholders in relation to unrelated operators 141
14 Duties of persons erecting facilities or installing plant 142
15 Duties of persons in relation to occupational health and safety 142
16 Reliance on information supplied or results of research 144
Division 1A—Occupational health and safety duties: enforcement 146
16A Meaning of health and safety requirement 146
16B Occupational health and safety duties offence—recklessness 146
16C Occupational health and safety duties offence—negligence 147
Division 2—Regulations relating to occupational health and safety 148
17 Regulations relating to occupational health and safety 148
Part 3—Workplace arrangements 150
Division 1—Introduction 150
18 Simplified outline 150
Division 2—Designated work groups 151
Subdivision A—Establishment of designated work groups 151
19 Establishment of designated work groups by request 151
20 Establishment of designated work groups at initiative of operator 152
Subdivision B—Variation of designated work groups 152
21 Variation of designated work groups by request 152
22 Variation of designated work groups at initiative of operator 154
Subdivision C—General 155
23 Referral of disagreement to reviewing authority 155
24 Manner of grouping members of the workforce 155
Division 3—Health and safety representatives 157
Subdivision A—Selection of health and safety representatives 157
25 Selection of health and safety representatives 157
26 Election of health and safety representatives 157
27 List of health and safety representatives 159
28 Members of designated work group must be notified of selection etc. of health and safety representative 159
29 Term of office 160
30 Training of health and safety representatives 160
31 Resignation etc. of health and safety representatives 163
32 Disqualification of health and safety representatives 164
33 Deputy health and safety representatives 166
Subdivision B—Powers of health and safety representatives 166
34 Powers of health and safety representatives 166
35 Assistance by consultant 168
36 Information 169
37 Obligations and liabilities of health and safety representatives 170
37A Request for review of safety management-related documents 170
38 Provisional OHS improvement notices—issue and notification 171
39 Provisional OHS improvement notices—effect 173
Subdivision C—Duties of the operator and other employers in relation to health and safety representatives 176
40 Duties of the operator and other employers in relation to health and safety representatives 176
Division 4—Health and safety committees 179
41 Health and safety committees 179
42 Functions of health and safety committees 181
43 Duties of the operator and other employers in relation to health and safety committees 182
Division 5—Emergency procedures 184
44 Action by health and safety representatives 184
45 Direction to perform other work 185
Division 6—Exemptions 187
46 Exemptions 187
Part 4—OHS inspections 188
Division 1—Introduction 188
47 Simplified outline 188
Division 2—OHS inspections: general provisions 190
49 OHS inspections—nature of inspections 190
50 OHS inspections—facilities 191
51 OHS inspections—regulated business premises (non-facilities) 193
52 OHS inspections—diving operations 195
53 OHS inspections—vessel becoming or ceasing to be an associated offshore place 196
54 OHS inspections—obstructing or hindering NOPSEMA inspector 198
Division 3—OHS inspections: compliance powers 199
Subdivision A—Powers to require assistance, information or documents and power to take possession of plant etc. 199
73 OHS inspections—power to require assistance 199
74 OHS inspections—powers to require information, and the production of documents and things 201
75 OHS inspections—power to take possession of plant and samples etc. 209
Subdivision B—OHS notices relating to facilities 214
76 OHS inspections in relation to facilities—OHS do not disturb notices (general) 214
76A OHS inspections in relation to facilities—OHS do not disturb notices (notification and display) 216
77 OHS inspections in relation to facilities—OHS prohibition notices (issue) 217
77A OHS inspections in relation to facilities—OHS prohibition notices (notification, display and compliance) 219
78 OHS inspections in relation to facilities—OHS improvement notices (issue) 221
78A OHS inspections in relation to facilities—OHS improvement notices (compliance) 222
78B OHS inspections in relation to facilities—OHS improvement notices (notification and display) 223
Subdivision C—OHS notices relating to dive vessels 225
78C OHS inspections on dive vessels—OHS do not disturb notices (general) 225
78D OHS inspections on dive vessels—OHS do not disturb notices (notification and display) 227
78E OHS inspections on dive vessels—OHS prohibition notices (issue) 228
78F OHS inspections on dive vessels—OHS prohibition notices (notification, display and compliance) 230
78G OHS inspections on dive vessels—OHS improvement notices (issue) 231
78H OHS inspections on dive vessels—OHS improvement notices (compliance) 233
78J OHS inspections on dive vessels—OHS improvement notices (notification and display) 234
Subdivision D—Tampering with notices and publication of OHS notices 235
79 OHS inspections—tampering with and removal of notices 235
80AA OHS inspections—publishing OHS prohibition notices and OHS improvement notices 236
Division 4—Reports: OHS inspections etc. 238
80 Reports on listed OHS law inspections 238
Division 5—Appeals: OHS inspections etc. 240
80A Appeals concerning OHS inspections etc.—decisions subject to appeal 240
81 Appeals concerning OHS inspections etc.—associated rules and procedure 248
Part 5—General provisions 250
82 Notifying and reporting accidents and dangerous occurrences 250
83 Records of accidents and dangerous occurrences to be kept 254
83A Monthly reporting 255
83B Vessel activity notification scheme 256
83C Notifying potential contraventions of titleholders’ duties in relation to unrelated operators 257
84 Codes of practice 258
85 Use of codes of practice in criminal proceedings 258
86 Interference etc. with equipment etc. 259
87 Members of workforce not to be levied 259
88 Prohibition of discriminatory conduct for a prohibited reason 260
88A What is discriminatory conduct 260
88B What is a prohibited reason 261
88C Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct 263
88D Proof of discriminatory conduct 263
88E Extended meaning of employee and employer 264
89 Institution of prosecutions 264
90 Conduct of directors, employees and agents 265
91 Schedule not to give rise to other liabilities etc. 267
92 Circumstances preventing compliance may be defence to prosecution 267
92A Publication requirements for approved forms etc. 267
93 Regulations—general 268
Schedule 4—Petroleum production licences to which the Royalty Act applies 269
Part 1—Introduction 269
1 Definitions 269
Part 2—Applying for a petroleum production licence 270
2 Application for petroleum production licence by holder of petroleum exploration permit to which the Royalty Act applies 270
3 Application period 273
4 Application for petroleum production licence by holder of petroleum retention lease to which the Royalty Act applies 274
Part 3—Obtaining a petroleum production licence 277
5 Secondary petroleum production licence—offer document must specify rate of royalty 277
6 Limit on grant of secondary petroleum production licence 277
Part 4—Variation of licence area 278
7 Variation of licence area of petroleum production licence 278
Part 5—What happens if a block is not taken up 280
8 Revocation of petroleum exploration permit or petroleum retention lease to the extent to which it relates to a block not taken up 280
Schedule 5—Release of technical information given to the Designated Authority before 7 March 2000 283
1 Simplified outline 283
2 Definitions 283
3 Time of receipt of certain information 284
4 Protection of the confidentiality of information 285
5 Titles Administrator may make information available to a Minister, a State Minister or a Northern Territory Minister 285
6 Disclosure of basic information given in connection with an application 285
7 Disclosure of basic information after authorised release day 286
8 Disclosure of information that is in the public domain 289
9 Disclosure of derivative information after 5 years 290
10 Transitional—Petroleum (Submerged Lands) Act 1967 294section 118 of the repealed
Schedule 6—Transitional provisions 295
Part 1—Basic provisions 295
1 Definitions 295
2 Re-enactment of the Petroleum (Submerged Lands) Act 1967 296
3 Old titles continue in force 296
4 Transitional—eligible instruments 296
5 Transitional—acts or things done before commencement 297
6 Transitional—conditions of old titles 298
7 Translation of references in documents 298
8 Transitional regulations 301
Part 2—Specific provisions 303
9 Joint Authority 303
10 Joint Authority for an external Territory 303
11 Designated Authority 304
12 Chief Executive Officer of the National Offshore Petroleum Safety Authority 304
13 Project inspectors—late commencement of greenhouse gas provisions 305
13A Petroleum project inspectors—early commencement of greenhouse gas provisions 305
13B Petroleum project inspectors—late commencement of greenhouse gas provisions 306
14 Offshore area 306
15 Registers 307
16 Registration fees—transfer 308
17 Registration fees—dealings 308
18 Retention and inspection of documents 309
19 Assessment of registration fee 309
20 Payments by the Commonwealth to the States and the Northern Territory 309
21 Adjustment to period required or allowed for doing an act or thing etc. 310
22 Old titles—continuation in force beyond date of expiry 312
23 Renewal of petroleum exploration permits 312
24 Renewal of petroleum retention leases 313
25 Grant of petroleum production licences over individual blocks 313
26 Renewal of fixed-term petroleum production licences 313
27 Grant of pipeline licences 314
28 Requirement to provide further information in connection with application for title 314
29 Revocation of petroleum exploration permits, petroleum retention leases, petroleum production licences and petroleum access authorities 315
30 Surrender of title 315
31 Cancellation of old titles 316
32 Commencement of works or operations 316
33 Deduction of debts from proceeds of sale of property 317
34 Authorised persons 317
35 Release of regulatory information 318
36 Release of technical information—deemed time of receipt of certain information and samples 318
37 Liability for acts and omissions 319
38 Reconsideration and review of decisions 319
39 Meaning of petroleum in the Petroleum (Submerged Lands) Act 1967 319
40 OHS inspections 319
41 OHS prosecutions 321
42 Disqualification of health and safety representatives 321
43 Designated frontier areas for 2005 321
Schedule 7—Greater Sunrise areas 323
2 Eastern Greater Sunrise offshore area 323
3 Western Greater Sunrise area 324
Schedule 8—Bayu-Undan pipeline international offshore area 325
1 Bayu-Undan pipeline international offshore area 325
Endnotes 326
Endnote 1—About the endnotes 326
Endnote 2—Abbreviation key 328
Endnote 3—Legislation history 329
Endnote 4—Amendment history 340
Endnote 5—Miscellaneous 411