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2010-2011
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE
(REGISTRATION FEES) AMENDMENT BILL 2011
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Resources and Energy,
the Honourable Martin Ferguson AM, MP)
OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE
(REGISTRATION FEES) AMENDMENT BILL 2011
GENERAL OUTLINE
The purpose of the Bill is to amend the Offshore Petroleum and Greenhouse Gas
Storage (Registration Fees) Act 2006 (the Registration Fees Act) to correctly
reference the new National Offshore Petroleum Titles Administrator (NOPTA) which
is proposed to be established through amendments contained in the Offshore
Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011.
FINANCIAL IMPACT STATEMENT
Nil financial impact on the Australian Government Budget.
REGULATORY IMPACT STATEMENT
This Bill does not impose any new significant regulatory burden on the petroleum
industry. In 2009, the Productivity Commission recommended the establishment of a
national offshore petroleum regulator in Commonwealth waters responsible for titles
administration, environment plans and day-to-day operations. Following extensive
consultation over a 15 month period with government and industry stakeholders as
well as recognising the outcomes of the Montara Commission of Inquiry Report, the
Commonwealth revised and finalised the proposed arrangements for regulatory
reform.
The reforms relating to the establishment of NOPTA in fact reduce and
streamline unnecessary regulatory burdens on the petroleum industry without
compromising policy objectives related to safety, environment and resource
management. The reforms will ensure consistent regulation of all offshore exploration
and development activities in Commonwealth waters. The reduction in regulatory
burden that these reforms could achieve would be considered a regulatory offset under
the Commonwealth's one-in-one out principle.
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NOTES ON INDIVIDUAL CLAUSES
Clause 1 - Short title
Clause 1 is a formal provision specifying the short title of the Act.
Clause 2 - Commencement
Sections 1 to 3 in the Bill will commence on the day the amending Act receives Royal
Assent.
Schedule 1 will commence at the same time as Part 1 of Schedule 2 to the Offshore
Petroleum Greenhouse Gas Storage Amendment (National Regulator) Act 2011
commences. However, if Schedule 4 to the Offshore Petroleum Greenhouse Gas
Storage Amendment (National Regulator) Act 2011 commences at or before that time,
the provision(s) do not commence at all.
Clause 3 - Schedules
This clause gives effect to the provisions in the Schedules to this Bill.
Schedule 1 - Amendments
Item 1 - Subsection 5(2) (paragraph (c) of the cell at table item 4, column headed "In
this case")
This item replaces the reference to Designated Authority with that of the `Titles
Administrator' (NOPTA).
Item 2 - Subsection 6(2) (paragraph (f) of the cell at table item 2, column headed "In
this case")
This item replaces the reference to Designated Authority with that of the `Titles
Administrator' (NOPTA).
Item 3 - Subsection 6(2) (table item 3, column headed "the amount of the fee is")
This item replaces the reference to Designated Authority with that of the `Titles
Administrator' (NOPTA).
Item 4 - Subsection 6(2) (paragraphs (d) and (f) of the cell at table item 4, column
headed "In this case")
This item replaces the reference to Designated Authority with that of the `Titles
Administrator' (NOPTA).
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Item 5 - Subsection 6(2) (paragraph (d) of the cell at table item 6, column headed "In
this case")
This item replaces the reference to Designated Authority with that of the `Titles
Administrator' (NOPTA).
Item 6 - Subsections 6(4) and (5)
This item replaces the reference to Designated Authority with that of the `Titles
Administrator' (NOPTA).
Item 7 - Transitional - instruments
This item provides a transitional provision to provide that an instrument previously
made or given by the Designated Authority under the Registration Fees Act is taken to
have been made or given by NOPTA after the commencement of this Act.
Item 8 - Transitional - acts of Designated Authority to be attributed to the Titles
Administrator etc.
This item provides a transitional provision to provide that an act or thing previously
done by the Designated Authority under the Registration Fees Act is taken to have
been done by NOPTA after the commencement of this Act.
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