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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Offshore Petroleum and Greenhouse Gas
Storage Amendment (Miscellaneous
Matters) Bill 2015
No. , 2015
(Industry and Science)
A Bill for an Act to amend the Offshore Petroleum
and Greenhouse Gas Storage Act 2006, and for other
purposes
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Extension of the terms of permits and leases etc.
3
Division 1--Amendments
3
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
Division 2--Application provisions
9
Part 2--Automatic revocation of a petroleum exploration
permit to the extent to which it relates to a block not
taken up etc.
10
Offshore Petroleum and Greenhouse Gas Storage Act 2006
10
Part 3--Revocation of locations
15
Division 1--Amendments
15
Offshore Petroleum and Greenhouse Gas Storage Act 2006
15
Division 2--Application provisions
17
Part 4--Changes to the boundary of the coastal waters of a
State or Territory
19
Division 1--Amendments commencing on 20 June 2014
19
Offshore Petroleum and Greenhouse Gas Storage Act 2006
19
Division 2--Amendments commencing on the day after Royal Assent
20
Offshore Petroleum and Greenhouse Gas Storage Act 2006
20
Part 5--National Offshore Petroleum Safety and
Environmental Management Authority
50
Offshore Petroleum and Greenhouse Gas Storage Act 2006
50
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
1
A Bill for an Act to amend the Offshore Petroleum
1
and Greenhouse Gas Storage Act 2006, and for other
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Offshore Petroleum and Greenhouse
6
Gas Storage Amendment (Miscellaneous Matters) Act 2015.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Parts 1, 2 and 3
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 4, Division 1
20 June 2014.
20 June 2014
4. Schedule 1,
Part 4, Division 2
The day after this Act receives the Royal
Assent.
5. Schedule 1,
Part 5
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
the Offshore Petroleum and Greenhouse
Gas Storage Amendment (Miscellaneous
Measures) Act 2015.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
Extension of the terms of permits and leases etc. Part 1
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
3
Schedule 1
--Amendments
1
Part 1
--Extension of the terms of permits and leases
2
etc.
3
Division 1
--Amendments
4
Offshore Petroleum and Greenhouse Gas Storage Act 2006
5
1 Subsection 102(2) (note 4)
6
Omit "or exemption".
7
2 Subsection 102(2) (after note 4)
8
Insert:
9
Note 4A: For a special rule about the extension of the duration of a petroleum
10
exploration permit pending a suspension decision, see section 265A.
11
3 Subsection 139(2) (note 4)
12
Omit "or exemption".
13
4 Subsection 139(2) (after note 4)
14
Insert:
15
Note 4A: For a special rule about the extension of the duration of a petroleum
16
retention lease pending a suspension decision, see section 265A.
17
5 After subsection 264(1)
18
Insert:
19
(1A) An application under item 1 of the table in subsection (1) for a
20
variation of any of the conditions to which a permit, lease or
21
licence is subject may be set out in the same document as an
22
application under that item for a suspension of any of the
23
conditions to which the permit, lease or licence is subject.
24
6 After subsection 264(2)
25
Insert:
26
Schedule 1 Amendments
Part 1 Extension of the terms of permits and leases etc.
4
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
(2A) A variation under subsection (2) may be in the same notice as a
1
suspension under that subsection.
2
7 Subsection 264(3)
3
Repeal the subsection, substitute:
4
(3) Subsection (2) does not authorise the giving of a notice to the
5
extent that it would affect a condition of a petroleum exploration
6
permit, petroleum retention lease or petroleum production licence
7
requiring compliance with the Royalty Act.
8
Notice of refusal of application
9
(3A) If:
10
(a) an application is made under item 1 of the table in
11
subsection (1); and
12
(b) the Joint Authority refuses the application;
13
the Joint Authority must:
14
(c) by written notice given to the applicant, notify the applicant
15
of the refusal; and
16
(d) do so as soon as practicable after the refusal.
17
8 Section 265
18
Repeal the section, substitute:
19
265 Extension of term of petroleum exploration permit or petroleum
20
retention lease--suspension of conditions
21
Scope
22
(1) This section applies if, under section 264, the Joint Authority
23
decides to suspend any of the conditions to which a petroleum
24
exploration permit or petroleum retention lease is subject.
25
Extension of term
26
(2) If the Joint Authority considers that the circumstances make it
27
reasonable to do so, the Joint Authority may extend the term of the
28
permit or lease by a period that the Joint Authority considers
29
appropriate.
30
Amendments Schedule 1
Extension of the terms of permits and leases etc. Part 1
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
5
(3) In considering what period of extension may be appropriate, the
1
Joint Authority must have regard to:
2
(a) the length of the period of suspension; and
3
(b) such other matters (if any) as the Joint Authority considers
4
relevant.
5
(4) The extension may be:
6
(a) in the notice of suspension; or
7
(b) by a later written notice given to the permittee or lessee.
8
(5) Subsection (2) has effect subject to this Chapter but despite:
9
(a) in the case of a petroleum exploration permit--section 102;
10
and
11
(b) in the case of a petroleum retention lease--section 139.
12
265A Extension of term of petroleum exploration permit or
13
petroleum retention lease pending decision on application
14
for suspension of conditions
15
(1) If:
16
(a) a petroleum exploration permittee or a petroleum retention
17
lessee applies for a suspension of any of the conditions to
18
which the permit or lease is subject; and
19
(b) the permit or lease would, apart from this subsection, expire
20
before the Joint Authority makes a decision on the
21
application;
22
the permit or lease continues in force until the Joint Authority
23
makes a decision on the application.
24
(2) If the Joint Authority refuses the application, the permit or lease
25
continues in force until the end of:
26
(a) the period of 2 months that began when notice of the refusal
27
was given to the permittee or lessee; or
28
(b) such longer period as the Joint Authority allows.
29
(3) If a petroleum exploration permit or a petroleum retention lease
30
continues in force during a period under subsection (2), the
31
permittee or lessee is not entitled to make an application during
32
that period for a suspension of any of the conditions to which the
33
permit or lease is subject.
34
Schedule 1 Amendments
Part 1 Extension of the terms of permits and leases etc.
6
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
(4) Subsections (1) and (2) have effect subject to this Chapter but
1
despite:
2
(a) in the case of a petroleum exploration permit--section 102;
3
and
4
(b) in the case of a petroleum retention lease--section 139.
5
Note:
See the notes at the end of sections 102 and 139.
6
9 Subsection 293(2) (note 4)
7
Omit "or exemption".
8
10 Subsection 293(2) (after note 4)
9
Insert:
10
Note 4A: For a special rule about the extension of the duration of a greenhouse
11
gas assessment permit pending a suspension decision, see
12
section 437A.
13
11 Subsection 322(3) (note 5)
14
Omit "or exemption".
15
12 Subsection 322(3) (after note 5)
16
Insert:
17
Note 5A: For a special rule about the extension of the duration of a greenhouse
18
gas holding lease pending a suspension decision, see section 437A.
19
13 After subsection 436(1)
20
Insert:
21
(1A) An application under item 1 of the table in subsection (1) for a
22
variation of any of the conditions to which a permit, lease or
23
licence is subject may be set out in the same document as an
24
application under that item for a suspension of any of the
25
conditions to which the permit, lease or licence is subject.
26
14 Subsection 436(3)
27
Repeal the subsection, substitute:
28
(3) A variation under subsection (2) may be in the same notice as a
29
suspension under that subsection.
30
Amendments Schedule 1
Extension of the terms of permits and leases etc. Part 1
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
7
Notice of refusal of application
1
(3A) If:
2
(a) an application is made under item 1 of the table in
3
subsection (1); and
4
(b) the responsible Commonwealth Minister refuses the
5
application;
6
the responsible Commonwealth Minister must:
7
(c) by written notice given to the applicant, notify the applicant
8
of the refusal; and
9
(d) do so as soon as practicable after the refusal.
10
15 Section 437
11
Repeal the section, substitute:
12
437 Extension of term of greenhouse gas assessment permit or
13
greenhouse gas holding lease--suspension of conditions
14
Scope
15
(1) This section applies if, under section 436, the responsible
16
Commonwealth Minister decides to suspend any of the conditions
17
to which a greenhouse gas assessment permit or greenhouse gas
18
holding lease is subject.
19
Extension of term
20
(2) If the responsible Commonwealth Minister considers that the
21
circumstances make it reasonable to do so, the responsible
22
Commonwealth Minister may extend the term of the permit or
23
lease by a period that the responsible Commonwealth Minister
24
considers appropriate.
25
(3) In considering what period of extension may be appropriate, the
26
responsible Commonwealth Minister must have regard to:
27
(a) the length of the period of suspension; and
28
(b) such other matters (if any) as the responsible Commonwealth
29
Minister considers relevant.
30
(4) The extension may be:
31
Schedule 1 Amendments
Part 1 Extension of the terms of permits and leases etc.
8
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
(a) in the notice of suspension; or
1
(b) by a later written notice given to the permittee or lessee.
2
(5) Subsection (2) has effect subject to this Chapter but despite:
3
(a) in the case of a greenhouse gas assessment permit--
4
section 293; and
5
(b) in the case of a greenhouse gas holding lease--section 322.
6
437A Extension of term of greenhouse gas assessment permit or
7
greenhouse gas holding lease pending decision on
8
application for suspension of conditions
9
(1) If:
10
(a) a greenhouse gas assessment permittee or a greenhouse gas
11
holding lessee applies for a suspension of any of the
12
conditions to which the permit or lease is subject; and
13
(b) the permit or lease would, apart from this subsection, expire
14
before the responsible Commonwealth Minister makes a
15
decision on the application;
16
the permit or lease continues in force until the responsible
17
Commonwealth Minister makes a decision on the application.
18
(2) If the responsible Commonwealth Minister refuses the application,
19
the permit or lease continues in force until the end of:
20
(a) the period of 2 months that began when notice of the refusal
21
was given to the permittee or lessee; or
22
(b) such longer period as the responsible Commonwealth
23
Minister allows.
24
(3) If a greenhouse gas assessment permit or a greenhouse gas holding
25
lease continues in force during a period under subsection (2), the
26
permittee or lessee is not entitled to make an application during
27
that period for a suspension of any of the conditions to which the
28
permit or lease is subject.
29
(4) Subsections (1) and (2) have effect subject to this Chapter but
30
despite:
31
(a) in the case of a greenhouse gas assessment permit--
32
section 293; and
33
(b) in the case of a greenhouse gas holding lease--section 322.
34
Amendments Schedule 1
Extension of the terms of permits and leases etc. Part 1
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
9
Note:
See the notes at the end of sections 293 and 322.
1
Division 2
--Application provisions
2
16 Application
--extension of term of permits and leases
3
(1)
Sections 265 and 437 of the Offshore Petroleum and Greenhouse Gas
4
Storage Act 2006 (as amended by this Part) apply in relation to a
5
suspension if notice of the suspension was given after the
6
commencement of this item.
7
(2)
The repeal of sections 265 and 437 of the Offshore Petroleum and
8
Greenhouse Gas Storage Act 2006 by this Part does not affect an
9
extension if notice of the extension was given before the
10
commencement of this item.
11
(3)
Sections 265A and 437A of the Offshore Petroleum and Greenhouse
12
Gas Storage Act 2006 (as amended by this Part) apply in relation to an
13
application for a suspension if the application is made after the
14
commencement of this item.
15
Schedule 1 Amendments
Part 2 Automatic revocation of a petroleum exploration permit to the extent to which it
relates to a block not taken up etc.
10
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
Part 2
--Automatic revocation of a petroleum
1
exploration permit to the extent to which it
2
relates to a block not taken up etc.
3
Offshore Petroleum and Greenhouse Gas Storage Act 2006
4
17 At the end of subsection 141(4)
5
Add:
6
Note:
Section 188 deals with the consequences of a failure to make an
7
application within the application period.
8
18 Subparagraph 142(b)(ii)
9
Repeal the subparagraph, substitute:
10
(ii) the recovery of petroleum from that area is not, at the
11
time of the application, commercially viable; and
12
(iii) the recovery of petroleum from that area is likely to
13
become commercially viable within 15 years after that
14
time;
15
19 Subsection 143(2)
16
After "as to", insert "one or more of".
17
20 Paragraph 143(3)(b)
18
After "as to", insert "one or more of".
19
21 Subsection 143(3)
20
Omit "as to which the Joint Authority is not satisfied as mentioned in
21
paragraph 142(b)", substitute "covered by paragraph (b) of this
22
subsection".
23
22 At the end of paragraph 169(3)(b)
24
Add "and".
25
23 After paragraph 169(3)(b)
26
Insert:
27
Amendments Schedule 1
Automatic revocation of a petroleum exploration permit to the extent to which it relates
to a block not taken up etc. Part 2
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
11
(ba) the reason for the refusal is that the Joint Authority is not
1
satisfied as to the matter referred to in
2
subparagraph 142(b)(ii);
3
24 Subsection 169(3) (note)
4
Repeal the note, substitute:
5
Note:
Section 188 deals with the consequences of a failure to make an
6
application within the application period.
7
25 Subsection 188(1) (heading)
8
Repeal the heading, substitute:
9
Permittee does not apply for a petroleum production licence or a
10
petroleum retention lease
11
26 Paragraph 188(1)(b)
12
Repeal the paragraph, substitute:
13
(b) the permittee does not:
14
(i) within the application period mentioned in
15
subsection 169(1), make the application; or
16
(ii) within the application period mentioned in
17
subsection 141(3), apply under section 141 for a
18
petroleum retention lease;
19
27 Paragraph 188(1)(d)
20
Omit "the application period", substitute "whichever is the later of the
21
application periods mentioned in paragraph (b)".
22
28 Subsection 188(1) (note)
23
Repeal the note.
24
29 After subsection 188(1)
25
Insert:
26
Permittee does not apply for a petroleum production licence
27
(1A) If:
28
Schedule 1 Amendments
Part 2 Automatic revocation of a petroleum exploration permit to the extent to which it
relates to a block not taken up etc.
12
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
(a) a petroleum exploration permittee applies under section 141
1
for a petroleum retention lease in relation to a block or
2
blocks; and
3
(b) a notice refusing to grant the petroleum retention lease is
4
given to the permittee under section 143; and
5
(c) the reason for the refusal is that the Joint Authority is not
6
satisfied as to the matter referred to in
7
subparagraph 142(b)(ii); and
8
(d) after the section 143 notice is given, the permittee does not,
9
within the application period mentioned in subsection 169(3),
10
apply under section 168 for a petroleum production licence in
11
relation to that block or those blocks;
12
then:
13
(e) the petroleum exploration permit is revoked to the extent to
14
which it relates to that block or those blocks; and
15
(f) the revocation has effect at the end of the application period
16
mentioned in subsection 169(3).
17
30 At the end of paragraph 3(3)(b) of Schedule 4
18
Add "and".
19
31 After paragraph 3(3)(b) of Schedule 4
20
Insert:
21
(ba) the reason for the refusal is that the Joint Authority is not
22
satisfied as to the matter referred to in
23
subparagraph 142(b)(ii);
24
32 Subclause 3(3) of Schedule 4 (note)
25
Repeal the note, substitute:
26
Note:
Clause 8 deals with the consequences of a failure to make an
27
application within the application period.
28
33 Subclause 8(1) of Schedule 4 (heading)
29
Repeal the heading, substitute:
30
Amendments Schedule 1
Automatic revocation of a petroleum exploration permit to the extent to which it relates
to a block not taken up etc. Part 2
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
13
Permittee does not apply for a petroleum production licence or a
1
petroleum retention lease
2
34 Paragraph 8(1)(b) of Schedule 4
3
Repeal the paragraph, substitute:
4
(b) the permittee does not:
5
(i) within the application period mentioned in
6
subclause 3(1), make the application; or
7
(ii) within the application period mentioned in
8
subsection 141(3), apply under section 141 for a
9
petroleum retention lease;
10
35 Paragraph 8(1)(d) of Schedule 4
11
Omit "the application period", substitute "whichever is the later of the
12
application periods mentioned in paragraph (b)".
13
36 Subclause 8(1) of Schedule 4 (note)
14
Repeal the note.
15
37 After subclause 8(1) of Schedule 4
16
Insert:
17
Permittee does not apply for a petroleum production licence
18
(1A) If:
19
(a) a petroleum exploration permittee applies under section 141
20
for a petroleum retention lease in relation to a block or
21
blocks; and
22
(b) a notice refusing to grant the petroleum retention lease is
23
given to the permittee under section 143; and
24
(c) the reason for the refusal is that the Joint Authority is not
25
satisfied as to the matter referred to in
26
subparagraph 142(b)(ii); and
27
(d) after the section 143 notice is given, the permittee does not,
28
within the application period mentioned in subclause 3(3),
29
apply under clause 2 for a petroleum production licence in
30
relation to that block or those blocks;
31
then:
32
Schedule 1 Amendments
Part 2 Automatic revocation of a petroleum exploration permit to the extent to which it
relates to a block not taken up etc.
14
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
(e) the petroleum exploration permit is revoked to the extent to
1
which it relates to that block or those blocks; and
2
(f) the revocation has effect at the end of the application period
3
mentioned in subclause 3(3).
4
Amendments Schedule 1
Revocation of locations Part 3
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
15
Part 3
--Revocation of locations
1
Division 1
--Amendments
2
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
38 Subsection 132(6)
4
Repeal the subsection.
5
39 Paragraph 132(7)(a)
6
Omit "or forming part of".
7
40 Paragraph 132(7)(b)
8
Repeal the paragraph, substitute:
9
(b) the reason, or one of the reasons, for the refusal is that:
10
(i) the Joint Authority is not satisfied as to the matter
11
referred to in subparagraph 142(b)(i); or
12
(ii) the Joint Authority is not satisfied as to the matter
13
referred to in subparagraph 142(b)(iii);
14
41 Subsection 132(7) (note)
15
Repeal the note, substitute:
16
Note:
For the grounds for granting a petroleum retention lease, see
17
section 142.
18
42 After subsection 132(7)
19
Insert:
20
(7A) If:
21
(a) the Joint Authority refuses to grant a petroleum retention
22
lease in relation to a block or blocks forming part of a
23
location; and
24
(b) the reason, or one of the reasons, for the refusal is that:
25
(i) the Joint Authority is not satisfied as to the matter
26
referred to in subparagraph 142(b)(i); or
27
Schedule 1 Amendments
Part 3 Revocation of locations
16
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
(ii) the Joint Authority is not satisfied as to the matter
1
referred to in subparagraph 142(b)(iii);
2
the Joint Authority must, by notice published in the Gazette,
3
revoke the declaration of the location to the extent to which the
4
declaration relates to:
5
(c) if subparagraph (b)(i) of this subsection applies--the block or
6
blocks in relation to which the Joint Authority is not satisfied
7
as to the matter referred to in subparagraph 142(b)(i); or
8
(d) if subparagraph (b)(ii) of this subsection applies--the block
9
or blocks in relation to which the Joint Authority is not
10
satisfied as to the matter referred to in
11
subparagraph 142(b)(iii).
12
Note:
For the grounds for granting a petroleum retention lease, see
13
section 142.
14
43 At the end of paragraph 132(8)(d)
15
Add "and".
16
44 After paragraph 132(8)(d)
17
Insert:
18
(e) the Joint Authority refuses to grant a petroleum production
19
licence in relation to the remaining block or blocks; and
20
(f) the reason for the refusal is that the Joint Authority is not
21
satisfied that the area comprised in any one or more of the
22
remaining block or blocks contains petroleum;
23
45 Subsection 132(8)
24
Omit "relates to the remaining block or blocks", substitute "relates to
25
the block or blocks covered by paragraph (f)".
26
46 At the end of section 132
27
Add:
28
Revocation if petroleum production licence refused
29
(9) If:
30
(a) an application for the grant of a petroleum production licence
31
has been made under:
32
(i) section 168 or 170; or
33
Amendments Schedule 1
Revocation of locations Part 3
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
17
(ii) clause 2 or 4 of Schedule 4; and
1
(b) the application specifies a block or blocks; and
2
(c) the Joint Authority refuses to grant a petroleum production
3
licence in relation to the block or blocks; and
4
(d) the reason for the refusal is that the Joint Authority is not
5
satisfied that the area comprised in the block or blocks
6
contains petroleum; and
7
(e) the block or blocks constitute or form part of a location;
8
the Joint Authority must, by notice published in the Gazette:
9
(f) in a case where the block constitutes, or the blocks constitute,
10
the location--revoke the declaration of the location; or
11
(g) in a case where the block forms, or the blocks form, part of
12
the location--revoke the declaration of the location to the
13
extent to which the declaration relates to the block or blocks.
14
Division 2
--Application provisions
15
47 Application
--revocation of locations
16
(1)
The repeal of subsection 132(6) of the Offshore Petroleum and
17
Greenhouse Gas Storage Act 2006 by this Part applies in relation to the
18
grant of a petroleum retention lease if the grant occurs after the
19
commencement of this item.
20
(2)
The amendments of subsection 132(7) of the Offshore Petroleum and
21
Greenhouse Gas Storage Act 2006 made by this Part apply in relation to
22
a refusal to grant a petroleum retention lease if the refusal occurs after
23
the commencement of this item.
24
(3)
Subsection 132(7A) of the Offshore Petroleum and Greenhouse Gas
25
Storage Act 2006 (as amended by this Part) applies in relation to a
26
refusal to grant a petroleum retention lease if the refusal occurs after the
27
commencement of this item.
28
(4)
The amendments of subsection 132(8) of the Offshore Petroleum and
29
Greenhouse Gas Storage Act 2006 made by this Part apply in relation to
30
the grant of a petroleum production licence if the grant occurs after the
31
commencement of this item.
32
(5)
Subsection 132(9) of the Offshore Petroleum and Greenhouse Gas
33
Storage Act 2006 (as amended by this Part) applies in relation to a
34
Schedule 1 Amendments
Part 3 Revocation of locations
18
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
refusal to grant a petroleum production licence if the refusal occurs after
1
the commencement of this item.
2
Amendments Schedule 1
Changes to the boundary of the coastal waters of a State or Territory Part 4
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
19
Part 4
--Changes to the boundary of the coastal
1
waters of a State or Territory
2
Division 1
--Amendments commencing on 20 June 2014
3
Offshore Petroleum and Greenhouse Gas Storage Act 2006
4
48 After subsection 11(1)
5
Insert:
6
(1C) If:
7
(a) a petroleum retention lease has been granted on the basis that
8
an area (the relevant area) is within the offshore area of a
9
State or the Northern Territory; and
10
(b) as a result of a change to the boundary of the coastal waters
11
of the State or Territory, the relevant area:
12
(i) ceases to be within the offshore area of the State or
13
Territory; and
14
(ii) falls within the coastal waters of the State or Territory;
15
and
16
(c) immediately before the change, the relevant area was a part
17
of the lease area;
18
then, in determining what constitutes the renewal, or the grant of a
19
renewal, of the lease, item 2 of the table in subsection (1) has effect
20
as if:
21
(d) the lease had been varied to exclude from the lease area any
22
area that is not within the offshore area of the State or
23
Territory; and
24
(e) the variation had taken effect immediately after the change.
25
Note:
This means that an application for renewal of the lease may be made,
26
and the lease may be renewed, as if the lease had been so varied.
27
(1D) For the purposes of subsection (1C):
28
(a) disregard section 283; and
29
(b) it is immaterial whether the change occurred before, at or
30
after the commencement of this subsection.
31
Schedule 1 Amendments
Part 4 Changes to the boundary of the coastal waters of a State or Territory
20
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
49 Validation
1
A petroleum retention lease that was granted, or purportedly granted:
2
(a) by way of renewal; and
3
(b) before the day after this Act receives the Royal Assent;
4
is as valid and effective as it would have been if subsections 11(1C) and
5
(1D) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006
6
(as amended by this Division) had been in force at all material times
7
before that day.
8
Division 2
--Amendments commencing on the day after
9
Royal Assent
10
Offshore Petroleum and Greenhouse Gas Storage Act 2006
11
50 Section 7
12
Insert:
13
boundary-change petroleum exploration permit means a
14
petroleum exploration permit granted under Division 4A of
15
Part 2.2.
16
fixed-term State/Territory petroleum production title means a
17
State/Territory petroleum production title that was granted for a
18
term of years.
19
51 Section 7 (at the end of the definition of petroleum
20
exploration permit)
21
Add:
22
; or (d) a boundary-change petroleum exploration permit.
23
52 Section 7 (at the end of the definition of
24
post-commencement petroleum production licence)
25
Add:
26
; or (d) a petroleum production licence granted under section 183A;
27
or
28
(e) a petroleum production licence that was granted by way of
29
renewal, where the original petroleum production licence was
30
granted under section 183A.
31
Amendments Schedule 1
Changes to the boundary of the coastal waters of a State or Territory Part 4
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
21
53 Section 7 (at the end of the definition of
1
post-commencement petroleum retention lease)
2
Add:
3
; or (c) a petroleum retention lease granted under section 152A; or
4
(d) a petroleum retention lease that was granted by way of
5
renewal, where the original petroleum retention lease was
6
granted under section 152A.
7
54 Section 7
8
Insert:
9
State/Territory petroleum exploration title means an instrument
10
under a law of a State or the Northern Territory that confers, in
11
relation to the coastal waters of the State or Territory, rights that
12
correspond to the rights that a petroleum exploration permit
13
confers in relation to the offshore area of the State or Territory.
14
State/Territory petroleum production title means an instrument
15
under a law of a State or the Northern Territory that confers, in
16
relation to the coastal waters of the State or Territory, rights that
17
correspond to the rights that a petroleum production licence
18
confers in relation to the offshore area of the State or Territory.
19
State/Territory petroleum retention title means an instrument
20
under a law of a State or the Northern Territory that confers, in
21
relation to the coastal waters of the State or Territory, rights that
22
correspond to the rights that a petroleum retention lease confers in
23
relation to the offshore area of the State or Territory.
24
55 Before subsection 11(1C)
25
Insert:
26
(1A) If:
27
(a) a petroleum exploration permit has been granted on the basis
28
that an area (the relevant area) is within the offshore area of
29
a State or the Northern Territory; and
30
(b) as a result of a change to the boundary of the coastal waters
31
of the State or Territory, the relevant area:
32
(i) ceases to be within the offshore area of the State or
33
Territory; and
34
Schedule 1 Amendments
Part 4 Changes to the boundary of the coastal waters of a State or Territory
22
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
(ii) falls within the coastal waters of the State or Territory;
1
and
2
(c) immediately before the change, the relevant area was a part
3
of the permit area;
4
then, in determining what constitutes the renewal, or the grant of a
5
renewal, of the permit, item 1 of the table in subsection (1) has
6
effect as if:
7
(d) the permit had been varied to exclude from the permit area
8
any area that is not within the offshore area of the State or
9
Territory; and
10
(e) the variation had taken effect immediately after the change.
11
Note:
This means that an application for renewal of the permit may be made,
12
and the permit may be renewed, as if the permit had been so varied.
13
(1B) For the purposes of subsection (1A):
14
(a) disregard section 283; and
15
(b) it is immaterial whether the change occurred before, at or
16
after the commencement of this subsection.
17
56 After subsection 11(1D)
18
Insert:
19
(1E) If:
20
(a) a petroleum production licence has been granted on the basis
21
that an area (the relevant area) is within the offshore area of
22
a State or the Northern Territory; and
23
(b) as a result of a change to the boundary of the coastal waters
24
of the State or Territory, the relevant area:
25
(i) ceases to be within the offshore area of the State or
26
Territory; and
27
(ii) falls within the coastal waters of the State or Territory;
28
and
29
(c) immediately before the change, the relevant area was a part
30
of the licence area;
31
then, in determining what constitutes the renewal, or the grant of a
32
renewal, of the licence, item 3 of the table in subsection (1) has
33
effect as if:
34
Amendments Schedule 1
Changes to the boundary of the coastal waters of a State or Territory Part 4
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
23
(d) the licence had been varied to exclude from the licence area
1
any area that is not within the offshore area of the State or
2
Territory; and
3
(e) the variation had taken effect immediately after the change.
4
Note:
This means that an application for renewal of the licence may be
5
made, and the licence may be renewed, as if the licence had been so
6
varied.
7
(1F) For the purposes of subsection (1E):
8
(a) disregard section 283; and
9
(b) it is immaterial whether the change occurred before, at or
10
after the commencement of this subsection.
11
57 Section 96
12
Omit:
13
•
There are 3 types of petroleum exploration permits:
14
(a)
a petroleum exploration permit granted on the basis of
15
work program bidding (a work-bid petroleum
16
exploration permit);
17
(b)
a petroleum exploration permit granted on the basis of
18
cash bidding (a cash-bid petroleum exploration permit);
19
(c)
a petroleum exploration permit granted over a
20
surrendered block or certain other blocks (a special
21
petroleum exploration permit).
22
substitute:
23
•
There are 4 types of petroleum exploration permits:
24
(a)
a petroleum exploration permit granted on the basis of
25
work program bidding (a work-bid petroleum
26
exploration permit);
27
(b)
a petroleum exploration permit granted on the basis of
28
cash bidding (a cash-bid petroleum exploration permit);
29
(c)
a petroleum exploration permit granted over a
30
surrendered block or certain other blocks (a special
31
petroleum exploration permit);
32
Schedule 1 Amendments
Part 4 Changes to the boundary of the coastal waters of a State or Territory
24
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
(d)
a petroleum exploration permit granted as a result of a
1
change in the boundary of the coastal waters of a State
2
or Territory (a boundary-change petroleum exploration
3
permit).
4
58 After subsection 99(2)
5
Insert:
6
(2A) Subsection (1) does not apply to a boundary-change petroleum
7
exploration permit.
8
59 At the end of section 99
9
Add:
10
Boundary-change petroleum exploration permits
11
(17) The Joint Authority may, by written notice given to the permittee
12
of a boundary-change petroleum exploration permit, vary the
13
permit by imposing one or more conditions to which the permit is
14
subject.
15
(18) A notice under subsection (17) must be given within 14 days after
16
the grant of the permit.
17
(19) A variation under subsection (17) takes effect on the day on which
18
notice of the variation is given to the permittee.
19
(20) If:
20
(a) the grant of a boundary-change petroleum exploration permit
21
is consequential on a State/Territory petroleum exploration
22
title ceasing to be in force as mentioned in
23
paragraph 118A(2)(b) or (3)(b); and
24
(b) the State/Territory petroleum exploration title is of a kind that
25
corresponds to a work-bid petroleum exploration permit or a
26
special petroleum exploration permit;
27
any or all of the conditions mentioned in subsection (21) of this
28
section may be specified in:
29
(c) the boundary-change petroleum exploration permit; or
30
Amendments Schedule 1
Changes to the boundary of the coastal waters of a State or Territory Part 4
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
25
(d) a petroleum exploration permit granted under Division 5 by
1
way of the renewal of the boundary-change petroleum
2
exploration permit.
3
(21) The following conditions are specified for the purposes of
4
subsection (20):
5
(a) conditions requiring the permittee to carry out work in, or in
6
relation to, the permit area (including conditions requiring the
7
permittee to carry out the work during a period of 12 months
8
or longer, or during periods each of which is 12 months or
9
longer);
10
(b) conditions relating to the amounts that the permittee must
11
spend in carrying out such work;
12
(c) conditions requiring the permittee to comply with directions
13
that:
14
(i) relate to the matters covered by paragraphs (a) and (b);
15
and
16
(ii) are given in accordance with the permit.
17
(22) Subsection (20) does not limit subsection (10) or (17).
18
(23) If:
19
(a) the grant of a boundary-change petroleum exploration permit
20
is consequential on a State/Territory petroleum exploration
21
title ceasing to be in force as mentioned in
22
paragraph 118A(2)(b) or (3)(b); and
23
(b) the State/Territory petroleum exploration title is of a kind that
24
corresponds to a cash-bid petroleum exploration permit;
25
the conditions mentioned in subsection (24) of this section must
26
not be specified in:
27
(c) the boundary-change petroleum exploration permit; or
28
(d) a petroleum exploration permit granted under Division 5 by
29
way of the renewal of the boundary-change petroleum
30
exploration permit.
31
(24) The following conditions are specified for the purposes of
32
subsection (23):
33
(a) conditions requiring the permittee to carry out work in, or in
34
relation to, the permit area;
35
Schedule 1 Amendments
Part 4 Changes to the boundary of the coastal waters of a State or Territory
26
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
(b) conditions requiring the permittee to spend particular
1
amounts on the carrying out of work in, or in relation to, the
2
permit area.
3
60 Subsection 102(1) (table item 1, column headed
"This kind
4
of permit...
")
5
After "original petroleum exploration permit", insert "(other than a
6
boundary-change petroleum exploration permit)".
7
61 Subsection 102(1) (at the end of the table)
8
Add:
9
3
a boundary-change petroleum
exploration permit granted under
subsection 118A(4)
for the period of 5 years beginning
on the day on which the permit is
granted.
4
a boundary-change petroleum
exploration permit granted under
subsection 118A(5)
for the period of 12 months
beginning on the day on which the
permit is granted.
62 After Division 4 of Part 2.2
10
Insert:
11
Division 4A--Obtaining a boundary-change petroleum
12
exploration permit
13
118A Grant of boundary-change petroleum exploration permit
14
Scope
15
(1) This section applies if:
16
(a) a State/Territory petroleum exploration title has been granted
17
by a State or the Northern Territory on the basis that an area
18
(the relevant area) is within the coastal waters of the State or
19
Territory; and
20
(b) as a result of a change to the boundary of the coastal waters
21
of the State or Territory, the relevant area:
22
(i) ceases to be within the coastal waters of the State or
23
Territory; and
24
Amendments Schedule 1
Changes to the boundary of the coastal waters of a State or Territory Part 4
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
27
(ii) falls within the offshore area of the State or Territory;
1
and
2
(c) either:
3
(i) the conditions set out in subsection (2) are satisfied; or
4
(ii) the conditions set out in subsection (3) are satisfied.
5
(2) The conditions mentioned in subparagraph (1)(c)(i) are:
6
(a) one or more, but not all, of the section 33 blocks that were
7
covered by the State/Territory petroleum exploration title
8
immediately before the change are in the relevant area; and
9
(b) the title subsequently ceases to be in force at the same time
10
(the relevant time):
11
(i) as to all of the section 33 blocks that were covered by
12
the title immediately before the change and that are in
13
the coastal waters of the State or Territory; and
14
(ii) otherwise than as the result of the cancellation or
15
surrender of the title.
16
(3) The conditions mentioned in subparagraph (1)(c)(ii) are:
17
(a) all of the section 33 blocks that were covered by the
18
State/Territory petroleum exploration title immediately
19
before the change are in the relevant area; and
20
(b) the title subsequently ceases to be in force at the same time
21
(the relevant time):
22
(i) as to all of the section 33 blocks that were covered by
23
the title immediately before the change; and
24
(ii) otherwise than as the result of the cancellation or
25
surrender of the title.
26
Grant of permit where titleholder entitled to apply for renewal of
27
the State/Territory petroleum exploration title
28
(4) If:
29
(a) assuming that:
30
(i) the change to the boundary of the coastal waters of the
31
State or Territory had not occurred; and
32
(ii) the relevant area had remained in the coastal waters of
33
the State or Territory;
34
Schedule 1 Amendments
Part 4 Changes to the boundary of the coastal waters of a State or Territory
28
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
the holder of the State/Territory petroleum exploration title
1
would have been entitled to apply under a State PSLA or
2
Territory PSLA for the renewal of the title in relation to all of
3
the section 33 blocks that are:
4
(iii) covered by the title; and
5
(iv) in the relevant area; and
6
(b) there are one or more section 33 blocks (the relevant
7
section 33 blocks) that:
8
(i) correspond to the section 33 blocks covered by
9
paragraph (a); and
10
(ii) are in the offshore area of the State or Territory; and
11
(iii) are not the subject of a variation under section 267A;
12
the Joint Authority is taken:
13
(c) to have granted the holder a petroleum exploration permit
14
over those relevant section 33 blocks; and
15
(d) to have done so immediately after the relevant time
16
mentioned in whichever of subsection (2) or (3) is applicable.
17
Note:
For the duration of the petroleum exploration permit, see item 3 of the
18
table in subsection 102(1).
19
Grant of permit where titleholder not entitled to apply for renewal
20
of the State/Territory petroleum exploration title
21
(5) If:
22
(a) assuming that:
23
(i) the change to the boundary of the coastal waters of the
24
State or Territory had not occurred; and
25
(ii) the relevant area had remained in the coastal waters of
26
the State or Territory;
27
the holder of the State/Territory petroleum exploration title
28
would not have been entitled to apply under a State PSLA or
29
Territory PSLA for the renewal of the title in relation to all of
30
the section 33 blocks that are:
31
(iii) covered by the title; and
32
(iv) in the relevant area; and
33
(b) there are one or more section 33 blocks (the relevant
34
section 33 blocks) that:
35
Amendments Schedule 1
Changes to the boundary of the coastal waters of a State or Territory Part 4
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
29
(i) correspond to the section 33 blocks that were covered
1
by the State/Territory petroleum exploration title
2
immediately before the change; and
3
(ii) are in the offshore area of the State or Territory; and
4
(iii) are not the subject of a variation under section 267A;
5
the Joint Authority is taken:
6
(c) to have granted the holder a petroleum exploration permit
7
over those relevant section 33 blocks; and
8
(d) to have done so immediately after the relevant time
9
mentioned in whichever of subsection (2) or (3) is applicable.
10
Note:
For the duration of the petroleum exploration permit, see item 4 of the
11
table in subsection 102(1).
12
Certain provisions to be disregarded
13
(6) For the purposes of subsections (4) and (5), disregard any of the
14
following provisions of a State PSLA or Territory PSLA:
15
(a) standard halving rules;
16
(b) modified halving rules;
17
(c) a provision of a kind specified in the regulations.
18
Deemed section 33 block
19
(7) If, after the change to the boundary of the coastal waters of the
20
State or Territory:
21
(a) a part of a section 33 block that was covered by the
22
State/Territory petroleum exploration title immediately
23
before the change is in the coastal waters of the State or
24
Territory; and
25
(b) the remaining part of the section 33 block is in the offshore
26
area of the State or Territory;
27
then, for the purposes of this section (other than this subsection),
28
each of those parts is taken to constitute, and to have always
29
constituted, a section 33 block.
30
(8) An assumption in paragraph (4)(a) or (5)(a) does not affect
31
subsection (7).
32
Schedule 1 Amendments
Part 4 Changes to the boundary of the coastal waters of a State or Territory
30
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
Definitions
1
(9) In this section:
2
section 33 block means:
3
(a) a block constituted as provided by section 33; or
4
(b) if a graticular section is wholly within the area that was
5
covered by the State/Territory petroleum exploration title--
6
the graticular section; or
7
(c) if a part only of a graticular section is within the area that was
8
covered by the State/Territory petroleum exploration title--
9
that part of the graticular section.
10
Note:
See also subsection (7).
11
State PSLA has the same meaning as in Part 6.9.
12
Territory PSLA has the same meaning as in Part 6.9.
13
63 After paragraph 119(2)(c)
14
Insert:
15
(ca) section 122A (limits on renewal of boundary-change
16
petroleum exploration permits);
17
64 At the end of section 122
18
Add:
19
(3) Despite subsection (2):
20
(a) the standard halving rules in section 123; and
21
(b) the modified halving rules in section 124;
22
do not apply to an application for renewal of a petroleum
23
exploration permit if:
24
(c) the permit was granted on the basis that an area (the relevant
25
area) was within the offshore area of a State or the Northern
26
Territory; and
27
(d) as a result of a change to the boundary of the coastal waters
28
of the State or Territory, the relevant area:
29
(i) ceased to be within the offshore area of the State or
30
Territory; and
31
Amendments Schedule 1
Changes to the boundary of the coastal waters of a State or Territory Part 4
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
31
(ii) fell within the coastal waters of the State or Territory;
1
and
2
(e) immediately before the change, the relevant area was a part
3
of the permit area.
4
(4) For the purposes of subsection (3):
5
(a) disregard section 283; and
6
(b) it is immaterial whether the change occurred before, at or
7
after the commencement of this subsection.
8
65 After section 122
9
Insert:
10
122A Limits on renewal of boundary-change petroleum exploration
11
permits
12
(1) If:
13
(a) the grant of a boundary-change petroleum exploration permit
14
under subsection 118A(4) is consequential on a
15
State/Territory petroleum exploration title ceasing to be in
16
force as mentioned in paragraph 118A(2)(b) or (3)(b); and
17
(b) the State/Territory petroleum exploration title was granted
18
otherwise than by way of renewal;
19
then:
20
(c) the standard halving rules in section 123 apply to an
21
application for the renewal of the permit mentioned in
22
paragraph (a); and
23
(d) an application must not be made for the renewal of the permit
24
if the Joint Authority has previously granted a renewal of the
25
permit mentioned in paragraph (a).
26
(2) If:
27
(a) the grant of a boundary-change petroleum exploration permit
28
under subsection 118A(4) is consequential on a
29
State/Territory petroleum exploration title ceasing to be in
30
force as mentioned in paragraph 118A(2)(b) or (3)(b); and
31
(b) the State/Territory petroleum exploration title was granted by
32
way of renewal;
33
Schedule 1 Amendments
Part 4 Changes to the boundary of the coastal waters of a State or Territory
32
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
an application must not be made for the renewal of the permit
1
mentioned in paragraph (a).
2
(3) If a boundary-change petroleum exploration permit was granted
3
under subsection 118A(5), an application must not be made for the
4
renewal of the permit.
5
66 At the end of subsection 123(2)
6
Add:
7
; and (c) an application for renewal that is covered by
8
paragraph 122A(1)(c).
9
67 After subsection 123(2)
10
Insert:
11
(2A) Subsection (2) has effect subject to subsection 122(3).
12
68 After subsection 124(2)
13
Insert:
14
(2A) Subsection (2) has effect subject to subsection 122(3).
15
69 At the end of section 131
16
Add:
17
Deemed declaration--area ceases to be within the coastal waters
18
of a State or Territory
19
(5) If:
20
(a) a boundary-change petroleum exploration permit is granted
21
over one or more section 33 blocks; and
22
(b) immediately before the grant, those section 33 blocks were,
23
or were part of, a location within the meaning of a State
24
PSLA or Territory PSLA; and
25
(c) apart from this subsection, those section 33 blocks are not,
26
and are not part of, a location within the meaning of this Act;
27
the Joint Authority is taken:
28
(d) to have declared those section 33 blocks to be a location; and
29
(e) to have done so immediately after the grant.
30
Amendments Schedule 1
Changes to the boundary of the coastal waters of a State or Territory Part 4
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
33
(6) If:
1
(a) a petroleum exploration permit is varied under section 267A
2
so as to include in the permit area one or more section 33
3
blocks; and
4
(b) immediately before the variation, those section 33 blocks
5
were, or were part of, a location within the meaning of a
6
State PSLA or Territory PSLA; and
7
(c) apart from this subsection, those section 33 blocks are not,
8
and are not part of, a location within the meaning of this Act;
9
the Joint Authority is taken:
10
(d) to have declared those section 33 blocks to be a location; and
11
(e) to have done so immediately after the variation.
12
Definitions
13
(7) In this section:
14
section 33 block means:
15
(a) a block constituted as provided by section 33; or
16
(b) if a graticular section is wholly within the area that was
17
covered by the State/Territory petroleum exploration title--
18
the graticular section; or
19
(c) if a part only of a graticular section is within the area that was
20
covered by the State/Territory petroleum exploration title--
21
that part of the graticular section.
22
State PSLA has the same meaning as in Part 6.9.
23
Territory PSLA has the same meaning as in Part 6.9.
24
70 At the end of section 134
25
Add:
26
•
A petroleum retention lease may be obtained as a result of a
27
change to the boundary of the coastal waters of a State or
28
Territory.
29
71 After subsection 136(2)
30
Insert:
31
Schedule 1 Amendments
Part 4 Changes to the boundary of the coastal waters of a State or Territory
34
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
(2A) Subsection (1) does not apply to a petroleum retention lease
1
granted under section 152A.
2
72 Subsection 136(10)
3
Omit "or (13)", substitute ", (13) or (20)".
4
73 At the end of section 136
5
Add:
6
Petroleum retention leases obtained as a result of a change to the
7
boundary of the coastal waters of a State or Territory
8
(20) The Joint Authority may, by written notice given to the lessee of a
9
petroleum retention lease granted under section 152A, vary the
10
lease by imposing one or more conditions to which the lease is
11
subject.
12
(21) A notice under subsection (20) must be given within 14 days after
13
the grant of the lease.
14
(22) A variation under subsection (20) takes effect on the day on which
15
notice of the variation is given to the lessee.
16
74 Subsection 139(1)
17
After "petroleum retention lease", insert "(other than a lease granted
18
under section 152A)".
19
75 After subsection 139(1)
20
Insert:
21
(1A) A petroleum retention lease granted under section 152A remains in
22
force for the period of 5 years beginning on the day on which the
23
lease is granted.
24
76 Subsection 139(2)
25
Omit "Subsection (1) has", substitute "Subsections (1) and (1A) have".
26
77 At the end of Division 2 of Part 2.3
27
Add:
28
Amendments Schedule 1
Changes to the boundary of the coastal waters of a State or Territory Part 4
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
35
Subdivision C--Obtaining a petroleum retention lease as a
1
result of a change to the boundary of the coastal
2
waters of a State or Territory
3
152A Grant of petroleum retention lease as a result of a change to
4
the boundary of the coastal waters of a State or Territory
5
Scope
6
(1) This section applies if:
7
(a) a State/Territory petroleum retention title has been granted by
8
a State or the Northern Territory on the basis that an area (the
9
relevant area) is within the coastal waters of the State or
10
Territory; and
11
(b) as a result of a change to the boundary of the coastal waters
12
of the State or Territory, the relevant area:
13
(i) ceases to be within the coastal waters of the State or
14
Territory; and
15
(ii) falls within the offshore area of the State or Territory;
16
and
17
(c) either:
18
(i) the conditions set out in subsection (2) are satisfied; or
19
(ii) the conditions set out in subsection (3) are satisfied; and
20
(d) there are one or more section 33 blocks (the relevant
21
section 33 blocks) that:
22
(i) correspond to the section 33 blocks that were covered
23
by the State/Territory petroleum retention title
24
immediately before the change; and
25
(ii) are in the offshore area of the State or Territory; and
26
(iii) are not the subject of a variation under section 267A.
27
(2) The conditions mentioned in subparagraph (1)(c)(i) are:
28
(a) one or more, but not all, of the section 33 blocks that were
29
covered by the State/Territory petroleum retention title
30
immediately before the change are in the relevant area; and
31
(b) the title subsequently ceases to be in force at the same time
32
(the relevant time):
33
Schedule 1 Amendments
Part 4 Changes to the boundary of the coastal waters of a State or Territory
36
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
(i) as to all of the section 33 blocks that were covered by
1
the title immediately before the change and that are in
2
the coastal waters of the State or Territory; and
3
(ii) otherwise than as the result of the cancellation or
4
surrender of the title.
5
(3) The conditions mentioned in subparagraph (1)(c)(ii) are:
6
(a) all of the section 33 blocks that were covered by the
7
State/Territory petroleum retention title immediately before
8
the change are in the relevant area; and
9
(b) the title subsequently ceases to be in force at the same time
10
(the relevant time):
11
(i) as to all of the section 33 blocks that were covered by
12
the title immediately before the change; and
13
(ii) otherwise than as the result of the cancellation or
14
surrender of the title.
15
Grant of lease
16
(4) The Joint Authority is taken:
17
(a) to have granted the holder of the State/Territory petroleum
18
retention title a petroleum retention lease over the relevant
19
section 33 blocks; and
20
(b) to have done so immediately after the relevant time
21
mentioned in whichever of subsection (2) or (3) is applicable.
22
Note:
For the duration of the petroleum retention lease, see
23
subsection 139(1A).
24
Deemed section 33 block
25
(5) If, after the change to the boundary of the coastal waters of the
26
State or Territory:
27
(a) a part of a section 33 block that was covered by the
28
State/Territory petroleum retention title immediately before
29
the change is in the coastal waters of the State or Territory;
30
and
31
(b) the remaining part of the section 33 block is in the offshore
32
area of the State or Territory;
33
Amendments Schedule 1
Changes to the boundary of the coastal waters of a State or Territory Part 4
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
37
then, for the purposes of this section (other than this subsection),
1
each of those parts is taken to constitute, and to have always
2
constituted, a section 33 block.
3
Definitions
4
(6) In this section:
5
section 33 block means:
6
(a) a block constituted as provided by section 33; or
7
(b) if a graticular section is wholly within the area that was
8
covered by the State/Territory petroleum retention title--the
9
graticular section; or
10
(c) if a part only of a graticular section is within the area that was
11
covered by the State/Territory petroleum retention title--that
12
part of the graticular section.
13
Note:
See also subsection (5).
14
State PSLA has the same meaning as in Part 6.9.
15
Territory PSLA has the same meaning as in Part 6.9.
16
78 Section 159
17
Omit:
18
•
There are 3 ways in which a petroleum production licence can
19
be granted:
20
(a)
grant of a petroleum production licence as a result of an
21
application made by a petroleum exploration permittee
22
or a petroleum retention lessee;
23
(b)
grant of a petroleum production licence over a
24
surrendered block or a similar block;
25
(c)
grant of a petroleum production licence over an
26
individual block in exchange for another licence that
27
was in force over the same block.
28
substitute:
29
•
There are 4 ways in which a petroleum production licence can
30
be granted:
31
Schedule 1 Amendments
Part 4 Changes to the boundary of the coastal waters of a State or Territory
38
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
(a)
grant of a petroleum production licence as a result of an
1
application made by a petroleum exploration permittee
2
or a petroleum retention lessee;
3
(b)
grant of a petroleum production licence over a
4
surrendered block or a similar block;
5
(c)
grant of a petroleum production licence over an
6
individual block in exchange for another licence that
7
was in force over the same block;
8
(d)
grant of a petroleum production licence as a result of a
9
change to the boundary of the coastal waters of a State
10
or Territory.
11
79 After subsection 162(2)
12
Insert:
13
(2A) Subsection (1) does not apply to a petroleum production licence
14
granted under section 183A.
15
80 Subsection 162(6)
16
Omit "or (12)", substitute ", (12) or (19)".
17
81 At the end of section 162
18
Add:
19
Petroleum production licences obtained as a result of a change to
20
the boundary of the coastal waters of a State or Territory
21
(19) The Joint Authority may, by written notice given to the licensee of
22
a petroleum production licence granted under section 183A, vary
23
the licence by imposing one or more conditions to which the
24
licence is subject.
25
(20) A notice under subsection (19) must be given within 14 days after
26
the grant of the licence.
27
(21) A variation under subsection (19) takes effect on the day on which
28
notice of the variation is given to the licensee.
29
Amendments Schedule 1
Changes to the boundary of the coastal waters of a State or Territory Part 4
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
39
82 Subsection 165(1) (table item 1, column headed
"This kind
1
of petroleum production licence...
")
2
After "1998", insert "(other than a licence granted under
3
section 183A)".
4
83 Subsection 165(1) (at the end of the table)
5
Add:
6
5
a petroleum production licence
granted under section 183A
for the period of 21 years beginning
on the day on which the licence is
granted.
84 Subsection 165(4)
7
Omit "or 3", substitute ", 3 or 5".
8
85 After Division 4 of Part 2.4
9
Insert:
10
Division 4A--Obtaining a petroleum production licence as
11
a result of a change to the boundary of the coastal
12
waters of a State or Territory
13
183A Grant of petroleum production licence as a result of a change
14
to the boundary of the coastal waters of a State or
15
Territory
16
Scope
17
(1) This section applies if:
18
(a) a fixed-term State/Territory petroleum production title has
19
been granted by a State or the Northern Territory on the basis
20
that an area (the relevant area) is within the coastal waters of
21
the State or Territory; and
22
(b) as a result of a change to the boundary of the coastal waters
23
of the State or Territory, the relevant area:
24
(i) ceases to be within the coastal waters of the State or
25
Territory; and
26
(ii) falls within the offshore area of the State or Territory;
27
and
28
Schedule 1 Amendments
Part 4 Changes to the boundary of the coastal waters of a State or Territory
40
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
(c) either:
1
(i) the conditions set out in subsection (2) are satisfied; or
2
(ii) the conditions set out in subsection (3) are satisfied; and
3
(d) there are one or more section 33 blocks (the relevant
4
section 33 blocks) that:
5
(i) correspond to the section 33 blocks that were covered
6
by the fixed-term State/Territory petroleum production
7
title immediately before the change; and
8
(ii) are in the offshore area of the State or Territory; and
9
(iii) are not the subject of a variation under section 267A.
10
(2) The conditions mentioned in subparagraph (1)(c)(i) are:
11
(a) one or more, but not all, of the section 33 blocks that were
12
covered by the fixed-term State/Territory petroleum
13
production title immediately before the change are in the
14
relevant area; and
15
(b) the title subsequently ceases to be in force at the same time
16
(the relevant time):
17
(i) as to all of the section 33 blocks that were covered by
18
the title immediately before the change and that are in
19
the coastal waters of the State or Territory; and
20
(ii) otherwise than as the result of the cancellation or
21
surrender of the title.
22
(3) The conditions mentioned in subparagraph (1)(c)(ii) are:
23
(a) all of the section 33 blocks that were covered by the
24
fixed-term State/Territory petroleum production title
25
immediately before the change are in the relevant area; and
26
(b) the title subsequently ceases to be in force at the same time
27
(the relevant time):
28
(i) as to all of the section 33 blocks that were covered by
29
the title immediately before the change; and
30
(ii) otherwise than as the result of the cancellation or
31
surrender of the title.
32
Grant of licence
33
(4) The Joint Authority is taken:
34
Amendments Schedule 1
Changes to the boundary of the coastal waters of a State or Territory Part 4
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
41
(a) to have granted the holder of the fixed-term State/Territory
1
petroleum production title a petroleum production licence
2
over the relevant section 33 blocks; and
3
(b) to have done so immediately after the relevant time
4
mentioned in whichever of subsection (2) or (3) is applicable.
5
Note:
For the duration of the petroleum production licence, see item 5 of the
6
table in subsection 165(1).
7
Deemed section 33 block
8
(5) If, after the change to the boundary of the coastal waters of the
9
State or Territory:
10
(a) a part of a section 33 block that was covered by the
11
fixed-term State/Territory petroleum production title
12
immediately before the change is in the coastal waters of the
13
State or Territory; and
14
(b) the remaining part of the section 33 block is in the offshore
15
area of the State or Territory;
16
then, for the purposes of this section (other than this subsection),
17
each of those parts is taken to constitute, and to have always
18
constituted, a section 33 block.
19
Definitions
20
(6) In this section:
21
section 33 block means:
22
(a) a block constituted as provided by section 33; or
23
(b) if a graticular section is wholly within the area that was
24
covered by the fixed-term State/Territory petroleum
25
production title--the graticular section; or
26
(c) if a part only of a graticular section is within the area that was
27
covered by the fixed-term State/Territory petroleum
28
production title--that part of the graticular section.
29
Note:
See also subsection (5).
30
86 At the end of section 184
31
Add:
32
Schedule 1 Amendments
Part 4 Changes to the boundary of the coastal waters of a State or Territory
42
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
Licences granted under section 183A
1
(8) If:
2
(a) the grant of a petroleum production licence under
3
section 183A is consequential on a fixed-term State/Territory
4
petroleum production title ceasing to be in force as
5
mentioned in paragraph 183A(2)(b) or (3)(b); and
6
(b) the fixed-term State/Territory petroleum production title was
7
granted otherwise than by way of renewal;
8
an application must not be made for the renewal of the licence if
9
the Joint Authority has previously granted a renewal of the licence.
10
(9) If:
11
(a) the grant of a petroleum production licence under
12
section 183A is consequential on a fixed-term State/Territory
13
petroleum production title ceasing to be in force as
14
mentioned in paragraph 183A(2)(b) or (3)(b); and
15
(b) the fixed-term State/Territory petroleum production title was
16
granted by way of renewal;
17
an application must not be made for the renewal of the licence.
18
87 At the end of section 188
19
Add:
20
Exception--permit affected by a change to the boundary of the
21
coastal waters of a State or Territory
22
(4) This section does not apply in relation to a petroleum exploration
23
permit if:
24
(a) the permit has been granted on the basis that an area (the
25
relevant area) is within the offshore area of a State or the
26
Northern Territory; and
27
(b) as a result of a change to the boundary of the coastal waters
28
of the State or Territory, the relevant area:
29
(i) ceases to be within the offshore area of the State or
30
Territory; and
31
(ii) falls within the coastal waters of the State or Territory;
32
and
33
Amendments Schedule 1
Changes to the boundary of the coastal waters of a State or Territory Part 4
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
43
(c) immediately before the change, the relevant area was a part
1
of the permit area.
2
(5) For the purposes of subsection (4):
3
(a) disregard section 283; and
4
(b) it is immaterial whether the change occurred before, at or
5
after the commencement of this subsection.
6
88 At the end of Division 1 of Part 2.11
7
Add:
8
267A Variation of Commonwealth title--including an area as the
9
result of a change to the boundary of the coastal waters of
10
a State or Territory
11
Scope
12
(1) This section applies if:
13
(a) a State/Territory title has been granted by a State or the
14
Northern Territory on the basis that an area (the relevant
15
area) is within the coastal waters of the State or Territory;
16
and
17
(b) as a result of a change to the boundary of the coastal waters
18
of the State or Territory, the relevant area:
19
(i) ceases to be within the coastal waters of the State or
20
Territory; and
21
(ii) falls within the offshore area of the State or Territory;
22
and
23
(c) either:
24
(i) the conditions set out in subsection (2) are satisfied; or
25
(ii) the conditions set out in subsection (3) are satisfied; and
26
(d) immediately before the relevant time mentioned in whichever
27
of subsection (2) or (3) is applicable:
28
(i) the State/Territory title was held by the registered holder
29
of a Commonwealth title that corresponds to the
30
State/Territory title; and
31
(ii) at least one section 33 block covered by the
32
Commonwealth title immediately adjoined at least one
33
Schedule 1 Amendments
Part 4 Changes to the boundary of the coastal waters of a State or Territory
44
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
other section 33 block that was covered by the
1
State/Territory title and that is in the relevant area; and
2
(e) before the relevant time mentioned in whichever of
3
subsection (2) or (3) is applicable:
4
(i) the holder of the State/Territory title; and
5
(ii) the registered holder of the Commonwealth title;
6
gave the Joint Authority a written notice electing to accept
7
the variation under this section of the Commonwealth title.
8
Note:
For when a Commonwealth title corresponds to a State/Territory title,
9
see subsection (12).
10
(2) The conditions mentioned in subparagraph (1)(c)(i) are:
11
(a) one or more, but not all, of the section 33 blocks that were
12
covered by the State/Territory title immediately before the
13
change are in the relevant area; and
14
(b) the title subsequently ceases to be in force at the same time
15
(the relevant time):
16
(i) as to all of the section 33 blocks that were covered by
17
the title immediately before the change and that are in
18
the coastal waters of the State or Territory; and
19
(ii) otherwise than as the result of the cancellation or
20
surrender of the title.
21
(3) The conditions mentioned in subparagraph (1)(c)(ii) are:
22
(a) all of the section 33 blocks that were covered by the
23
State/Territory title immediately before the change are in the
24
relevant area; and
25
(b) the title subsequently ceases to be in force at the same time
26
(the relevant time):
27
(i) as to all of the section 33 blocks that were covered by
28
the title immediately before the change; and
29
(ii) otherwise than as the result of the cancellation or
30
surrender of the title.
31
Relevant Commonwealth title
32
(4) If the conditions set out in paragraphs (1)(d) and (e) are met by
33
only one Commonwealth title, that title is the relevant
34
Commonwealth title for the purposes of this section.
35
Amendments Schedule 1
Changes to the boundary of the coastal waters of a State or Territory Part 4
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
45
(5) If the conditions set out in paragraphs (1)(d) and (e) would, apart
1
from this subsection, be met by 2 or more Commonwealth titles
2
that have the same registered holder, the Joint Authority must, by
3
written notice given to the registered holder, declare that one of
4
those titles is the relevant Commonwealth title for the purposes of
5
this section.
6
Variation of relevant Commonwealth title
7
(6) If the relevant Commonwealth title is a petroleum exploration
8
permit:
9
(a) the Titles Administrator must, by written notice given to the
10
permittee, vary the permit to include in the permit area all of
11
the section 33 blocks that:
12
(i) correspond to the section 33 blocks that were covered
13
by the State/Territory title immediately before the
14
change; and
15
(ii) are in the offshore area of the State or Territory; and
16
(b) the section 33 blocks included in the permit area because of
17
the variation are, for the remainder of the term of the permit,
18
blocks in relation to which the permit is in force.
19
(7) If the relevant Commonwealth title is a petroleum retention lease:
20
(a) the Titles Administrator must, by written notice given to the
21
lessee, vary the lease to include in the lease area all of the
22
section 33 blocks that:
23
(i) correspond to the section 33 blocks that were covered
24
by the State/Territory title immediately before the
25
change; and
26
(ii) are in the offshore area of the State or Territory; and
27
(b) the section 33 blocks included in the lease area because of the
28
variation are, for the remainder of the term of the permit,
29
blocks in relation to which the lease is in force.
30
(8) If the relevant Commonwealth title is a fixed-term petroleum
31
production licence:
32
(a) the Titles Administrator must, by written notice given to the
33
licensee, vary the licence to include in the licence area all of
34
the section 33 blocks that:
35
Schedule 1 Amendments
Part 4 Changes to the boundary of the coastal waters of a State or Territory
46
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
(i) correspond to the section 33 blocks that were covered
1
by the State/Territory title immediately before the
2
change; and
3
(ii) are in the offshore area of the State or Territory; and
4
(b) the section 33 blocks included in the licence area because of
5
the variation are, for the remainder of the term of the licence,
6
blocks in relation to which the licence is in force.
7
(9) Paragraphs (6)(b), (7)(b) and (8)(b) have effect subject to this
8
Chapter.
9
(10) A variation under paragraph (6)(a), (7)(a) or (8)(a) takes effect
10
immediately after the relevant time mentioned in whichever of
11
subsection (2) or (3) is applicable.
12
When a block immediately adjoins another block
13
(11) For the purposes of this section, a section 33 block immediately
14
adjoins another section 33 block if:
15
(a) the graticular section that constitutes or includes that
16
section 33 block and the graticular section that constitutes or
17
includes that other section 33 block:
18
(i) have a side in common; or
19
(ii) are joined together at one point only; or
20
(b) that section 33 block and that other section 33 block are in
21
the same graticular section.
22
When a Commonwealth title corresponds to a State/Territory title
23
(12) For the purposes of this section:
24
(a) a petroleum exploration permit granted otherwise than by
25
way of renewal corresponds to a State/Territory petroleum
26
exploration title granted otherwise than by way of renewal;
27
and
28
(b) a petroleum retention lease corresponds to a State/Territory
29
petroleum retention title; and
30
(c) a fixed-term petroleum production licence granted otherwise
31
than by way of renewal corresponds to a fixed-term
32
State/Territory petroleum production title granted otherwise
33
than by way of renewal; and
34
Amendments Schedule 1
Changes to the boundary of the coastal waters of a State or Territory Part 4
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
47
(d) a petroleum exploration permit granted by way of first
1
renewal corresponds to a State/Territory petroleum
2
exploration title granted by way of first renewal; and
3
(e) a fixed-term petroleum production licence granted by way of
4
first renewal corresponds to a fixed-term State/Territory
5
petroleum production title granted by way of first renewal;
6
and
7
(f) a petroleum exploration permit granted by way of second
8
renewal corresponds to a State/Territory petroleum
9
exploration title granted by way of second renewal; and
10
(g) a fixed-term petroleum production licence granted by way of
11
second or subsequent renewal corresponds to a fixed-term
12
State/Territory petroleum production title granted by way of
13
second or subsequent renewal.
14
Deemed section 33 block
15
(13) If, after the change to the boundary of the coastal waters of the
16
State or Territory:
17
(a) a part of a section 33 block that was covered by the
18
State/Territory title immediately before the change is in the
19
coastal waters of the State or Territory; and
20
(b) the remaining part of the section 33 block is in the offshore
21
area of the State or Territory;
22
then, for the purposes of this section (other than this subsection),
23
each of those parts is taken to constitute, and to have always
24
constituted, a section 33 block.
25
Definitions
26
(14) In this section:
27
Commonwealth title means:
28
(a) a petroleum exploration permit; or
29
(b) a petroleum retention lease; or
30
(c) a fixed-term petroleum production licence.
31
section 33 block means:
32
(a) a block constituted as provided by section 33; or
33
Schedule 1 Amendments
Part 4 Changes to the boundary of the coastal waters of a State or Territory
48
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
(b) if a graticular section is wholly within the area that was
1
covered by the State/Territory petroleum title concerned--the
2
graticular section; or
3
(c) if a part only of a graticular section is within the area that was
4
covered by the State/Territory petroleum title concerned--
5
that part of the graticular section.
6
Note:
See also subsection (13).
7
State/Territory title means:
8
(a) a State/Territory petroleum exploration title; or
9
(b) a State/Territory petroleum retention title; or
10
(c) a fixed-term State/Territory petroleum production title.
11
89 Subsection 282(1) (note)
12
After "case", insert "(for example)".
13
90 After paragraph 695M(1)(b)
14
Insert:
15
(ba) a boundary-change petroleum exploration permit;
16
91 Before paragraph 775A(2)(e)
17
Insert:
18
(a) paragraph 267A(1)(e); or
19
92 At the end of clause 8 of Schedule 4
20
Add:
21
Exception--permit affected by a change to the boundary of the
22
coastal waters of a State or Territory
23
(5) This clause does not apply in relation to a petroleum exploration
24
permit if:
25
(a) the permit has been granted on the basis that an area (the
26
relevant area) is within the offshore area of a State or the
27
Northern Territory; and
28
(b) as a result of a change to the boundary of the coastal waters
29
of the State or Territory, the relevant area:
30
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Changes to the boundary of the coastal waters of a State or Territory Part 4
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Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
49
(i) ceases to be within the offshore area of the State or
1
Territory; and
2
(ii) falls within the coastal waters of the State or Territory;
3
and
4
(c) immediately before the change, the relevant area was a part
5
of the permit area.
6
(6) For the purposes of subclause (5):
7
(a) disregard section 283; and
8
(b) it is immaterial whether the change occurred before, at or
9
after the commencement of this subclause.
10
Schedule 1 Amendments
Part 5 National Offshore Petroleum Safety and Environmental Management Authority
50
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
Part 5
--National Offshore Petroleum Safety and
1
Environmental Management Authority
2
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
93 Before subsection 646A(1A)
4
Insert:
5
Constitutional limits--waters within the limits of a State or
6
Territory
7
94 Before subsection 646A(1)
8
Insert:
9
Limits on petroleum functions
10
95 Paragraph 646A(1)(a)
11
Omit "State functions provision", substitute "State petroleum functions
12
provision".
13
96 Paragraph 646A(1)(c)
14
Repeal the paragraph, substitute:
15
(c) the functions mentioned in paragraph 646(b), to the extent to
16
which it relates to occupational health and safety matters in
17
connection with offshore petroleum operations, are conferred
18
on NOPSEMA by or under the State PSLA or Territory
19
PSLA, as the case may be; and
20
(ca) the functions mentioned in paragraph 646(gb), to the extent
21
to which it relates to structural integrity in connection with:
22
(i) the exploration for petroleum; or
23
(ii) the recovery, processing, storage, offloading or piped
24
conveyance of petroleum;
25
are conferred on NOPSEMA by or under the State PSLA or
26
Territory PSLA, as the case may be; and
27
Amendments Schedule 1
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51
97 Paragraph 646A(1)(g)
1
Omit "or (gj)".
2
98 Subsection 646A(1) (note 1)
3
Omit "State functions provision", substitute "State petroleum
4
functions provision".
5
99 Subsection 646A(3)
6
Omit "State functions provision", substitute "State petroleum
7
functions provision".
8
100 Paragraph 646A(3)(c)
9
Omit "646(gi); or", substitute "646(gi).".
10
101 Paragraph 646A(3)(d)
11
Repeal the paragraph.
12
102 At the end of section 646A
13
Add:
14
Limits on greenhouse gas storage functions
15
(5) Section 646 does not authorise NOPSEMA to perform a function
16
that is:
17
(a) mentioned in paragraph 646(b) to the extent to which it
18
relates to occupational health and safety matters in
19
connection with offshore greenhouse gas storage operations;
20
and
21
(b) conferred by or under a particular State PSLA or the
22
Territory PSLA;
23
unless:
24
(c) there are provisions of the State PSLA or Territory PSLA, as
25
the case may be, that substantially correspond to Schedule 3
26
to this Act as in force:
27
(i) at the commencement of this subsection; or
28
(ii) at any later time; and
29
(d) there are regulations under the State PSLA or Territory
30
PSLA, as the case may be, that substantially correspond to
31
Schedule 1 Amendments
Part 5 National Offshore Petroleum Safety and Environmental Management Authority
52
Offshore Petroleum and Greenhouse Gas Storage Amendment
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No. , 2015
the greenhouse gas storage provisions of the Offshore
1
Petroleum and Greenhouse Gas Storage (Safety)
2
Regulations 2009 as in force:
3
(i) at the commencement of this subsection; or
4
(ii) at any later time.
5
Note:
For greenhouse gas storage provisions, see subsection (8).
6
(6) Section 646 does not authorise NOPSEMA to perform a function
7
that is:
8
(a) mentioned in paragraph 646(gb) to the extent to which it
9
relates to structural integrity in connection with:
10
(i) the exploration for potential greenhouse gas storage
11
formations or potential greenhouse gas injection sites;
12
or
13
(ii) the injection of a greenhouse gas substance into the
14
seabed or subsoil; or
15
(iii) the permanent storage of a greenhouse gas substance in
16
the seabed or subsoil; or
17
(iv) the compression, processing, offloading, piped
18
conveyance or pre-injection storage of a greenhouse gas
19
substance; or
20
(v) the monitoring of a greenhouse gas substance stored in
21
the seabed or subsoil; and
22
(b) conferred by or under a particular State PSLA or the
23
Territory PSLA;
24
unless there are regulations under the State PSLA or Territory
25
PSLA, as the case may be, that substantially correspond to the
26
greenhouse gas storage provisions of Part 5 of the Offshore
27
Petroleum and Greenhouse Gas Storage (Resource Management
28
and Administration) Regulations 2011 as in force:
29
(c) at the commencement of this subsection; or
30
(d) at any later time.
31
Note:
For greenhouse gas storage provisions, see subsection (8).
32
(7) Section 646 does not authorise NOPSEMA to perform a function
33
that is:
34
(a) mentioned in paragraph 646(gj); and
35
Amendments Schedule 1
National Offshore Petroleum Safety and Environmental Management Authority Part 5
No. , 2015
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
53
(b) conferred by or under a particular State PSLA or the
1
Territory PSLA;
2
unless there are regulations under the State PSLA or Territory
3
PSLA, as the case may be, that substantially correspond to the
4
greenhouse gas storage provisions of the Offshore Petroleum and
5
Greenhouse Gas Storage (Environment) Regulations 2009 as in
6
force:
7
(c) at the commencement of this subsection; or
8
(d) at any later time.
9
Note:
For greenhouse gas storage provisions, see subsection (8).
10
(8) For the purposes of this section, greenhouse gas storage
11
provisions means provisions to the extent to which they relate to:
12
(a) the exploration for potential greenhouse gas storage
13
formations or potential greenhouse gas injection sites; or
14
(b) the injection of a greenhouse gas substance into the seabed or
15
subsoil; or
16
(c) the permanent storage of a greenhouse gas substance in the
17
seabed or subsoil; or
18
(d) the compression, processing, offloading, piped conveyance or
19
pre-injection storage of a greenhouse gas substance; or
20
(e) the monitoring of a greenhouse gas substance stored in the
21
seabed or subsoil.
22
Limits relating to cost recovery
23
(9) A State PSLA or the Territory PSLA must not confer functions on
24
NOPSEMA:
25
(a) in connection with operations in; or
26
(b) in relation to the structural integrity of facilities, wells or
27
well-related equipment located in;
28
so much of the designated coastal waters of the State or the
29
Northern Territory, as the case may be, as are on the landward side
30
of the territorial sea unless:
31
(c) there is an agreement between the responsible
32
Commonwealth Minister and the responsible State Minister,
33
or the responsible Northern Territory Minister, as the case
34
may be, that deals with measures to be implemented by the
35
State or the Northern Territory, as the case may be, for the
36
Schedule 1 Amendments
Part 5 National Offshore Petroleum Safety and Environmental Management Authority
54
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Matters) Bill 2015
No. , 2015
payment of amounts to NOPSEMA in respect of the
1
performance of some or all of those functions; and
2
(d) those measures have been implemented by the State or the
3
Northern Territory, as the case may be.
4
(10) For the purpose of subsection (9), assume that the breadth of the
5
territorial sea of Australia had never been determined or declared
6
to be greater than 3 nautical miles, but had continued to be 3
7
nautical miles.
8
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