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PETROLEUM LEGISLATION AMENDMENT ACT 2022 (NO 33 OF 2022) - NOTES

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Table of provisions

5A Meaning of reporting period
6AA Application of Criminal Code
25A Requirement to reduce exploration permit area
26 Annual fee
39 Annual fee
41 Variation of condition of retention licence
53 Annual fee
55 Variation of condition of production licence
57AA Report on operations under access authority

Division 5A Common and related provisions

57AAA Recovery of petroleum on appraisal basis

57AAB Transfer of interest in application for petroleum interest

57AAC Grant relating to Aboriginal land or native title land

57AAD Ability of Minister to vary conditions of petroleum interest

57AAE Insurance
Subdivision 2 Review by Tribunal

57AB Review by Tribunal
Subdivision 2 Resource management, activity and infrastructure plans

59 Definitions

60 Types of plans

61 Application for approval

61A Approval

61B Review of plan

61C Variation of conditions

61D Transfer of permit or licence

61E Offences relating to plans

61F Specific duty relating to well and surface infrastructure integrity

61G Specific provision for rate of recovery

Subdivision 3 Reports and samples

61H Annual reports

61J Survey and other reports

61K Well completion reports

61L Samples
Subdivision 4 Management of information

62A Release of information by Minister

Subdivision 5 Other requirements and related provisions
64 Discovery to be notified
69A Ability to waive, suspend or reduce annual fee or levy
72 Compliance with direction
73 Surrender
75 Report on ceasing to hold exploration permit or licence area
86 Ability to waive, suspend or reduce royalty
Division 6 Inspectors

Subdivision 1 Appointment of inspectors

87 Appointment

88 Identity card

89 Return of identity card

Subdivision 2 Functions and general powers

89A Functions

89B General powers of inspectors

89C Duty of inspector in relation to seized thing

89D Forfeiture of seized thing

89E Offence to contravene requirement

89F Obstruction of inspector

89G Self-incrimination

89H Entry on Aboriginal land

Subdivision 3 Search warrants

89J Search warrants

89K Announcement before entry and provision of authority

Subdivision 4 Directions by inspectors

89L Directions by inspectors

89M Offence to contravene direction

Division 7 Compliance directions

89N Compliance directions

89P Effect of compliance direction on need for further authorisation

89Q Offence to contravene direction

Division 8 Stop work notices

89R Stop work notices

89S Offence to contravene stop work notice

Division 9 Audits

89T Preliminary matters

89U Nature of audit

89V Accreditation and regulation of auditors

89W Audit directions

89X Declarations

89Y Self-incriminatory information

89Z Offences relating to audits

89ZA Retention and production of information
Part IVA Change in control of corporation holding permit or licence

104A Definitions

104B Meaning of change in control

104C Meaning of related

104D Acquisition of interest in shares

104E Approval of change in control

104F Offence to fail to apply for approval
105 Permit and licences required to explore and recover petroleum

106 Interference with activities or work

107 Misleading information

108 False representations

109 Operations near residence or other area

110 Operations near cemetery

111 Construction near habitable building

112 Construction of well or well pad near designated bore

113 Continuing offences

114 Conduct of employee or agent

115 Criminal liability of executive officer of body corporate

116 Commencement of criminal proceedings
117AAB Environmental offences

117AAC Additional defences for environmental offences

Division 3 Alternative verdicts

117AAD Alternative verdict

Division 4 Additional orders available on finding of guilt

117AAE Adverse publicity orders

117AAF Order to remedy breach

117AAG Recovery of costs

Part VA Civil enforcement, penalties and other proceedings

Division 1 Injunctions and other orders

117AA Who may bring proceedings

117AB Prohibitory injunctions

117ABA Mandatory injunctions

117ABB Interim injunctions

117ABC Certain considerations for granting injunctions not relevant

117ABD Discharge of injunctions

117ABE Other orders

117ABF Supreme Court may vary or revoke order

117ABG Time for commencing proceedings under this Division

117ABH Security and undertakings

117ABJ Orders as to damages on application of respondent

117ABK Orders as to costs

117ABL Powers conferred are in addition to other powers of Supreme Court

Division 2 Enforceable undertakings

117ABM Enforceable undertaking

117ABN Enforcement orders

117ABP Power of CEO to take action

117ABQ Variation or withdrawal of enforceable undertaking by interest holder

117ABR No criminal proceedings while enforceable undertaking in force

117ABS No further proceedings if enforceable undertaking complied with

Division 3 Civil orders

117ABT Application for civil orders

117ABU Time for making application

117ABV CEO to have regard to certain matters

117ABW Notice of proposed application to Local Court

117ABX Civil orders

117ABY Local Court to have regard to certain matters

117ABZ Civil orders under section 117ABX(1)(b)

117ABZA Power to take remedial measures

117ABZB Civil jurisdiction

117ABZC Contravention of 2 or more provisions

117ABZD Stay of proceeding

117ABZE Inadmissibility of evidence in criminal proceedings

117ABZF Orders as to costs

117ABZG Recovery of amounts ordered to be paid to Territory

117ABZH Civil proceedings not to affect compliance directions
Part VC Financial assurance framework

Division 1 Preliminary matters

117AN Types of security

117AP Requirement for security

Division 2 Environmental securities

117AQ General provisions

117AR Assessment

117AS Review

117AT Release and extension

117AU Claim on security

Division 3 Petroleum infrastructure decommissioning securities

117AV General provisions

117AW Assessment

117AX Review

117AY Release and extension

117AZ Claim on security

Division 4 Common provisions

117AZA Administration of securities

117AZB Mandatory condition

117AZC Action if interest holder in default

117AZD Information about securities

Part VD Monitoring and compliance levy

117AZE Definition

117AZF Monitoring and compliance levy

117AZG Liability for monitoring and compliance levy

117AZH Amount and imposition of levy

117AZJ Returns

Part VE Orphan well levy

117AZK Definitions

117AZL Meaning of orphan well

117AZM Orphan well levy

117AZN Liability for orphan well levy

117AZP Basis and calculation of levy

117AZQ Payment of levy

117AZR Returns

117AZS Payment into Fund

117AZT Establishment of Fund

117AZU Publication of information

Part VF Codes of practice

117AZV Codes of practice

117AZW Use of codes of practice in proceedings
117C Guidelines

117D Costs, undertakings and security for costs

117E Publication of decisions and provision of reasons

117F Evidentiary

117G Certificates of evidence

117H Contravention of certain provisions not offence

117J Approved forms

117K Electronic processes

117L Acquisition of advice

117M Cost recovery

117N Protection from liability

117P Authorised analysts

117Q Parallel powers and functions

117R Delegation by Minister

117S Delegation by CEO

117T Application to Tribunal in relation to infrastructure facilities
Division 5 Petroleum Legislation Amendment Act 2022

136 Offence provisions – before and after commencement

137 Transitional regulations
5 Current datum

5A Variation of petroleum interests and other instruments

5B Variation of applications for petroleum interests

5C Transitional provision
47 Requirement for access agreement

48 Compliance with access agreement

49 Other or additional operations
Part 5A Reports

66A Late lodgement fee

Part 5B Monitoring and compliance levy

66B Liability for levy

66C Amount of levy

66D Payment of levy

Part 5C Orphan well levy

66E Increase in rate of levy

Part 5D Interest

66F Definitions

66G Application of Part

66H Imposition of interest

66J Related provisions
Schedule 1 Fees and amounts for Act and Regulations

Schedule 1A Fees for resource management, activity and infrastructure plans

Schedule 1B Fees for environment management plans
Schedule 4A Monitoring and compliance levy

4A Human health risk assessments
14A Transfer of petroleum interest
29 Review by Tribunal
30 Requirement for current plan

31 Compliance with current plan
32A Criminal liability of executive officer of body corporate
41 Electronic payment and payment by cheque
Schedule 2 Reviewable decisions and interested persons

Schedule 3 Infringement notice offences and prescribed amounts

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NORTHERN TERRITORY OF AUSTRALIA

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Act No. 33 of 2022

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[Assented to 16 December 2022]

[Introduced 12 October 2022]



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