Commonwealth: Offshore Petroleum and Greenhouse Gas Storage Amendment (Cross-boundary Greenhouse Gas Titles and Other Measures) Act 2020 (Cth)

Offshore Petroleum and Greenhouse Gas Storage Amendment (Cross‑boundary Greenhouse Gas Titles and Other Measures) Act 2020 No. 43, 2020 An Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Cross‑boundary greenhouse gas storage etc. Part 1—General amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 2—Application and transitional provisions Part 3—Amendments contingent on the commencement of Schedule 2 to the Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019 Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 2—Application of greenhouse gas provisions to bodies politic Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 3—Technical amendments Part 1—Amendments Division 1—General amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 2—Work‑bid greenhouse gas assessment permits Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 2—Validation Schedule 4—Oil pollution etc. Part 1—General amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 2—Amendments relating to environment plans Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 3—Application provision Part 4—Amendments contingent on the commencement of Schedule 2 to the Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019 Offshore Petroleum and Greenhouse Gas Storage Act 2006 Offshore Petroleum and Greenhouse Gas Storage Amendment (Cross-boundary Greenhouse Gas Titles and Other Measures) Act 2020 No. 43, 2020 An Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for related purposes [Assented to 15 May 2020] The Parliament of Australia enacts: 1 Short title This Act is the Offshore Petroleum and Greenhouse Gas Storage Amendment (Cross‑boundary Greenhouse Gas Titles and Other Measures) Act 2020. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. 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. 15 May 2020 2. Schedule 1, Parts 1 and 2 A single day to be fixed by Proclamation. 1 October 2020 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (F2020N00102) 3. Schedule 1, Part 3 The later of: (a) immediately after the commencement of the provisions covered by table item 2; and (b) immediately after the commencement of Schedule 2 to the Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 4. Schedule 2 The day after this Act receives the Royal Assent. 16 May 2020 5. Schedule 3, Part 1, Division 1 The day after this Act receives the Royal Assent. 16 May 2020 6. Schedule 3, Part 1, Division 2 26 July 2018. 26 July 2018 7. Schedule 3, Part 2 The day after this Act receives the Royal Assent. 16 May 2020 8. Schedule 4, Part 1 The later of: 16 May 2020 (a) the start of the day after this Act receives the Royal Assent; and (paragraph (a) applies) (b) the commencement of Division 1 of Part 1 of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019. 9. Schedule 4, Part 2 A single day to be fixed by Proclamation. 1 October 2020 However, if the provisions do not commence within the period of 6 months beginning on the day that the provisions covered by table item 8 commenced, they commence on the day after the end of that period. (F2020N00102) 10. Schedule 4, Part 3 The later of: 16 May 2020 (a) the start of the day after this Act receives the Royal Assent; and (paragraph (a) applies) (b) the commencement of Division 1 of Part 1 of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019. 11. Schedule 4, Part 4 The later of: (a) immediately after the commencement of the provisions covered by table item 8; and (b) immediately after the commencement of Schedule 2 to the Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Cross‑boundary greenhouse gas storage etc. Part 1—General amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 1 Section 7 (definition of approved) Repeal the definition, substitute: approved means approved in writing by the Titles Administrator. This definition does not apply to: (a) the expression approved site plan; or (b) section 286A; or (c) section 452A; or (d) section 650; or (e) subsection 695B(3); or (f) section 695F. 2 Section 7 (definition of block) Omit "or 282", substitute ", 282, 461A or 462". 3 Section 7 Insert: compatible cross‑boundary law has the meaning given by section 24A. consolidated work‑bid greenhouse gas assessment permit means: (a) a greenhouse gas assessment permit granted under Subdivision B of Division 2 of Part 3.2; or (b) a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of the renewal of a permit referred to in paragraph (a). Cross‑boundary Authority has the meaning given by section 76A and, when used in the expression the Cross‑boundary Authority, means the Cross‑boundary Authority for the offshore area concerned. cross‑boundary greenhouse gas assessment permit means a greenhouse gas assessment permit granted under: (a) Division 3A of Part 3.2; or (b) Subdivision B of Division 4 of Part 3.2. cross‑boundary greenhouse gas holding lease means a greenhouse gas holding lease granted under: (a) Subdivision AA, BA or CA of Division 2 of Part 3.3; or (b) Subdivision B of Division 3 of Part 3.3. cross‑boundary greenhouse gas injection licence means a greenhouse gas injection licence granted under Subdivision AA of Division 2 of Part 3.4. 4 Section 7 (paragraph (b) of the definition of fundamental suitability determinants) After "312(11)", insert "or 312A(11)". 5 Section 7 Insert: holder, in relation to: (a) a State/Territory petroleum exploration title; or (b) a State/Territory petroleum retention title; or (c) a State/Territory petroleum production title; or (d) a State/Territory greenhouse gas assessment title; means the person who, under a law of a State or Territory, is the registered holder of the State/Territory petroleum exploration title, the State/Territory petroleum retention title, the State/Territory petroleum production title or the State/Territory greenhouse gas assessment title, as the case may be. 6 Section 7 (definition of identified greenhouse gas storage formation) After "312", insert "or 312A". 7 Section 7 (at the end of the definition of offshore area) Add: Note 4: See also section 295B (permit area of a cross‑boundary greenhouse gas assessment permit is taken to be included in the offshore area). Note 5: See also section 323B (lease area of a cross‑boundary greenhouse gas holding lease is taken to be included in the offshore area). Note 6: See also section 360A (licence area of a cross‑boundary greenhouse gas injection licence is taken to be included in the offshore area). 8 Section 7 Insert: original consolidated work‑bid greenhouse gas assessment permit means a consolidated work‑bid greenhouse gas assessment permit that was granted otherwise than by way of renewal. original cross‑boundary greenhouse gas assessment permit means a cross‑boundary greenhouse gas assessment permit granted otherwise than by way of renewal. original cross‑boundary greenhouse gas holding lease means a cross‑boundary greenhouse gas holding lease granted otherwise than by way of renewal. original State/Territory greenhouse gas assessment title means a State/Territory greenhouse gas assessment title granted otherwise than by way of renewal. original State/Territory petroleum exploration title means a State/Territory petroleum exploration title granted otherwise than by way of renewal. original State/Territory petroleum retention title means a State/Territory petroleum retention title granted otherwise than by way of renewal. post‑commencement State/Territory petroleum exploration title means: (a) an original State/Territory petroleum exploration title that was granted: (i) under a law of a State or Territory; and (ii) after the commencement of the provisions of the law that correspond to Chapter 3; or (b) a State/Territory petroleum exploration title that was granted by way of renewal, where the original State/Territory petroleum exploration title was granted: (i) under a law of a State or Territory; and (ii) after the commencement of the provisions of the law that correspond to Chapter 3. post‑commencement State/Territory petroleum production title means: (a) a State/Territory petroleum production title that was granted to the holder of: (i) a post‑commencement State/Territory petroleum exploration title; or (ii) a post‑commencement State/Territory petroleum retention title; that was in force over the State/Territory block or State/Territory blocks to which the State/Territory petroleum production title relates; or (b) a State/Territory petroleum production title granted under a provision of a law of a State or Territory that corresponds to section 181; or (c) a State/Territory petroleum production title granted under a provision of a law of a State or Territory that corresponds to section 183, where the initial State/Territory petroleum production title mentioned in the provision of a law of a State or Territory that corresponds to section 182 was a post‑commencement State/Territory petroleum production title; or (d) a State/Territory petroleum production title granted under a provision of a law of a State or Territory that corresponds to section 183A; or (e) a State/Territory petroleum production title that was granted by way of renewal, where the original State/Territory petroleum production title was granted under a provision of a law of a State or Territory that corresponds to section 183A. post‑commencement State/Territory petroleum retention title means: (a) an original State/Territory petroleum retention title that was granted to the holder of: (i) a post‑commencement State/Territory petroleum exploration title; or (ii) a post‑commencement State/Territory petroleum production title; that was in force over the State/Territory block or State/Territory blocks to which the original State/Territory petroleum retention title relates; or (b) a State/Territory petroleum retention title that was granted by way of renewal, where the original State/Territory petroleum retention title was granted to the holder of: (i) a post‑commencement State/Territory petroleum exploration title; or (ii) a post‑commencement State/Territory petroleum production title; that was in force over the State/Territory block or State/Territory blocks to which the original State/Territory petroleum retention title related; or (c) a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 152A; or (d) a State/Territory petroleum retention title that was granted by way of renewal, where the original State/Territory petroleum retention title was granted under a provision of a law of a State or Territory that corresponds to section 152A. post‑commencement State/Territory petroleum title means: (a) a post‑commencement State/Territory petroleum exploration title; or (b) a post‑commencement State/Territory petroleum retention title; or (c) a post‑commencement State/Territory petroleum production title. pre‑commencement State/Territory petroleum exploration title means a State/Territory petroleum exploration title other than a post‑commencement State/Territory petroleum exploration title. pre‑commencement State/Territory petroleum production title means a State/Territory petroleum production title other than a post‑commencement State/Territory petroleum production title. pre‑commencement State/Territory petroleum retention title means a State/Territory petroleum retention title other than a post‑commencement State/Territory petroleum retention title. pre‑commencement State/Territory petroleum title means: (a) a pre‑commencement State/Territory petroleum exploration title; or (b) a pre‑commencement State/Territory petroleum retention title; or (c) a pre‑commencement State/Territory petroleum production title. relevant area: (a) in relation to a State/Territory greenhouse gas assessment title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or (b) in relation to a pre‑commencement State/Territory petroleum title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or (c) in relation to a pre‑commencement State/Territory petroleum exploration title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or (d) in relation to a pre‑commencement State/Territory petroleum retention title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or (e) in relation to a State/Territory petroleum production title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title. 9 Section 7 (definition of significant risk) After "27,", insert "27A,". 10 Section 7 (definition of significant risk) After "28", insert ", 28A". 11 Section 7 Insert: special cross‑boundary greenhouse gas holding lease means a greenhouse gas holding lease granted under section 342C. State/Territory block, when used in relation to: (a) a State/Territory petroleum exploration title; or (b) a State/Territory petroleum retention title; or (c) a State/Territory petroleum production title; or (d) a State/Territory greenhouse gas assessment title; means a block within the meaning of the State PSLA or Territory PSLA under which the title was granted, so long as no part of the block is within the limits of a State or Territory. For this purpose, State PSLA and Territory PSLA have the same meaning as in Part 6.9. State/Territory greenhouse gas assessment title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or the Northern Territory, rights that correspond to the rights that a greenhouse gas assessment permit confers in relation to the offshore area of the State or the Principal Northern Territory offshore area, as the case requires. State/Territory greenhouse gas storage administrator has the meaning given by section 30A. State/Territory identified greenhouse gas storage formation means an identified greenhouse gas storage formation within the meaning of a State PSLA or Territory PSLA. For this purpose, State PSLA and Territory PSLA have the same meaning as in Part 6.9. 12 After section 24 Insert: 24A Compatible cross‑boundary law (1) The responsible Commonwealth Minister may, by legislative instrument, declare a law of a State to be a compatible cross‑boundary law for the purposes of this Act. (2) The responsible Commonwealth Minister may, by legislative instrument, declare a law of the Northern Territory to be a compatible cross‑boundary law for the purposes of this Act. (3) The responsible Commonwealth Minister must not, in exercising the power conferred by subsection (1), give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State. 13 Section 27 (at the end of the heading) Add "(general)". 14 After section 27 Insert: 27A Significant risk of a significant adverse impact—approval of key greenhouse gas operations (cross‑boundary) (1) For the purposes of sections 292A and 321A and paragraph 749(2)(ba), the question of whether there is a significant risk that a key greenhouse gas operation will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under: (a) an existing petroleum exploration permit; or (b) an existing petroleum retention lease; or (c) an existing petroleum production licence; or (d) a future petroleum exploration permit; or (e) a future petroleum retention lease; or (f) a future petroleum production licence; or (g) an existing State/Territory petroleum exploration title; or (h) an existing State/Territory petroleum retention title; or (i) an existing State/Territory petroleum production title; or (j) a future State/Territory petroleum exploration title; or (k) a future State/Territory petroleum retention title; or (l) a future State/Territory petroleum production title; is to be determined in a manner ascertained in accordance with the regulations. (2) A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account: (a) the probability, or range of probabilities, of the occurrence of the adverse impact; and (b) the economic consequences of the adverse impact; and (c) the economic consequences of the adverse impact relative to the potential economic value of the petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under the permit, lease, licence or title referred to in whichever of paragraph (1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (l) is applicable. (3) Subsection (2) does not limit the matters that may be taken into account. (4) Subsections (1) and (2) have effect subject to subsections (5) and (6). (5) For the purposes of sections 292A and 321A and paragraph 749(2)(ba), a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under: (a) an existing petroleum exploration permit; or (b) an existing petroleum retention lease; or (c) an existing petroleum production licence; or (d) a future petroleum exploration permit; or (e) a future petroleum retention lease; or (f) a future petroleum production licence; or (g) an existing State/Territory petroleum exploration title; or (h) an existing State/Territory petroleum retention title; or (i) an existing State/Territory petroleum production title; or (j) a future State/Territory petroleum exploration title; or (k) a future State/Territory petroleum retention title; or (l) a future State/Territory petroleum production title; if, and only if, the key greenhouse gas operation will result in: (m) an increase in the capital costs (other than prescribed costs) of the petroleum exploration operations or petroleum recovery operations; or (n) an increase in the operating costs (other than prescribed costs) of the petroleum exploration operations or petroleum recovery operations; or (o) a reduction in the rate of recovery of the petroleum; or (p) a reduction in the quantity of the petroleum that will be able to be recovered. (6) For the purposes of sections 292A and 321A and paragraph 749(2)(ba), if there is a risk that a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under: (a) an existing petroleum exploration permit; or (b) an existing petroleum retention lease; or (c) an existing petroleum production licence; or (d) a future petroleum exploration permit; or (e) a future petroleum retention lease; or (f) a future petroleum production licence; or (g) an existing State/Territory petroleum exploration title; or (h) an existing State/Territory petroleum retention title; or (i) an existing State/Territory petroleum production title; or (j) a future State/Territory petroleum exploration title; or (k) a future State/Territory petroleum retention title; or (l) a future State/Territory petroleum production title; then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the key greenhouse gas operation is less than the amount that, under the regulations, is taken to be the threshold amount. 15 Section 28 (at the end of the heading) Add "(general)". 16 After section 28 Insert: 28A Significant risk of a significant adverse impact—grant of greenhouse gas injection licence (cross‑boundary) (1) For the purposes of section 368B and paragraph 749(2)(ca), the question of whether there is a significant risk that any of the operations that could be carried on under a greenhouse gas injection licence will have a significant adverse impact on operations that are being, or could be, carried on under: (a) an existing petroleum exploration permit; or (b) an existing petroleum retention lease; or (c) an existing petroleum production licence; or (d) a future petroleum exploration permit; or (e) a future petroleum retention lease; or (f) a future petroleum production licence; or (g) an existing State/Territory petroleum exploration title; or (h) an existing State/Territory petroleum retention title; or (i) an existing State/Territory petroleum production title; or (j) a future State/Territory petroleum exploration title; or (k) a future State/Territory petroleum retention title; or (l) a future State/Territory petroleum production title; is to be determined in a manner ascertained in accordance with the regulations. (2) A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account: (a) the probability, or range of probabilities, of the occurrence of the adverse impact; and (b) the economic consequences of the adverse impact; and (c) the economic consequences of the adverse impact relative to the potential economic value of the operations that are being, or could be, carried on under the permit, lease, licence or title referred to in whichever of paragraph (1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (l) is applicable. (3) Subsection (2) does not limit the matters that may be taken into account. (4) Subsections (1) and (2) have effect subject to subsections (5) and (6). (5) For the purposes of section 368B and paragraph 749(2)(ca), an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on operations (the relevant petroleum operations) that are being, or could be, carried on under: (a) an existing petroleum exploration permit; or (b) an existing petroleum retention lease; or (c) an existing petroleum production licence; or (d) a future petroleum exploration permit; or (e) a future petroleum retention lease; or (f) a future petroleum production licence; or (g) an existing State/Territory petroleum exploration title; or (h) an existing State/Territory petroleum retention title; or (i) an existing State/Territory petroleum production title; or (j) a future State/Territory petroleum exploration title; or (k) a future State/Territory petroleum retention title; or (l) a future State/Territory petroleum production title; if, and only if, the injection licence operation will result in: (m) an increase in the capital costs (other than prescribed costs) of the relevant petroleum operations; or (n) an increase in the operating costs (other than prescribed costs) of the relevant petroleum operations; or (o) a reduction in the rate of recovery of the petroleum; or (p) a reduction in the quantity of the petroleum that will be able to be recovered. (6) For the purposes of section 368B and paragraph 749(2)(ca), if there is a risk that an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on operations that are being, or could be, carried on under: (a) an existing petroleum exploration permit; or (b) an existing petroleum retention lease; or (c) an existing petroleum production licence; or (d) a future petroleum exploration permit; or (e) a future petroleum retention lease; or (f) a future petroleum production licence; or (g) an existing State/Territory petroleum exploration title; or (h) an existing State/Territory petroleum retention title; or (i) an existing State/Territory petroleum production title; or (j) a future State/Territory petroleum exploration title; or (k) a future State/Territory petroleum retention title; or (l) a future State/Territory petroleum production title; then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the injection licence operation is less than the amount that, under the regulations, is taken to be the threshold amount. 17 After section 30 Insert: 30A State/Territory greenhouse gas storage administrator (1) For the purposes of this Act, State/Territory greenhouse gas storage administrator of a State means: (a) if a person: (i) performs functions, or exercises powers, under the provisions of the law of the State that correspond to Chapter 5; and (ii) is specified in a written notice given by the responsible State Minister to the Titles Administrator for the purposes of this paragraph; that person; or (b) otherwise—the responsible State Minister. (2) For the purposes of this Act, State/Territory greenhouse gas storage administrator of the Northern Territory means: (a) if a person: (i) performs functions, or exercises powers, under the provisions of the law of the Northern Territory that correspond to Chapter 5; and (ii) is specified in a written notice given by the responsible Northern Territory Minister to the Titles Administrator for the purposes of this paragraph; that person; or (b) otherwise—the responsible Northern Territory Minister. (3) The Titles Administrator must publish on the Titles Administrator's website a copy of a notice under paragraph (1)(a) or (2)(a). (4) A notice under paragraph (1)(a) or (2)(a) may specify: (a) a person by name; or (b) any person from time to time holding, or performing the duties of, a specified office or position. (5) A notice under paragraph (1)(a) or (2)(a) is not a legislative instrument. 18 After paragraph 32(m) Insert: (ma) paragraph 292A(5)(g); (mb) paragraph 292A(6)(d); (mc) subsection 292A(11); (md) subsection 292A(12); 19 After paragraph 32(q) Insert: (qa) paragraph 321A(5)(g); (qb) paragraph 321A(6)(d); (qc) subsection 321A(11); (qd) subsection 321A(12); 20 After paragraph 32(v) Insert: (va) subparagraph 368B(1)(d)(iii); (vb) subparagraph 368B(1)(e)(iii); (vc) subparagraph 368B(1)(f)(iii); (vd) subparagraph 368B(1)(g)(iii); (ve) subparagraph 368B(2)(d)(iii); (vf) subparagraph 368B(2)(e)(iii); (vg) subparagraph 368B(2)(f)(iii); (vh) subparagraph 368B(2)(g)(iii); (vj) paragraph 368B(3)(a); 21 Subsection 33(3) (note) Omit "Note", substitute "Note 1". 22 At the end of subsection 33(3) Add: Note 2: See also section 461A (certain State/Territory blocks to be blocks). Note 3: See also section 462 (certain portions of blocks to be blocks). 23 After Part 1.3 Insert: Part 1.3A—Cross‑boundary Authorities 76 Simplified outline of this Part • There is: (a) a Cross‑boundary Authority for each offshore area of a State; and (b) a Cross‑boundary Authority for the Principal Northern Territory offshore area. • The Cross‑boundary Authority for an offshore area of a State is constituted by: (a) the responsible State Minister; and (b) the responsible Commonwealth Minister. • The Cross‑boundary Authority for the Principal Northern Territory offshore area is constituted by: (a) the responsible Northern Territory Minister; and (b) the responsible Commonwealth Minister. • A Cross‑boundary Authority has the functions and powers conferred on the Cross‑boundary Authority by this Act or the regulations. Note: The main function of a Cross‑boundary Authority is to grant cross‑boundary greenhouse gas assessment permits, cross‑boundary greenhouse gas holding leases and cross‑boundary greenhouse gas injection licences. 76A Cross‑boundary Authorities (1) For the purposes of this Act, there is: (a) a Cross‑boundary Authority for each offshore area of a State; and (b) a Cross‑boundary Authority for the Principal Northern Territory offshore area. State (2) The Cross‑boundary Authority for an offshore area of a State is constituted by: (a) the responsible State Minister; and (b) the responsible Commonwealth Minister; and is to be known as the Commonwealth‑[name of State] Greenhouse Gas Storage Cross‑boundary Authority. (3) The Cross‑boundary Authority for an offshore area of a State is taken to be the Cross‑boundary Authority for the State. Northern Territory (4) The Cross‑boundary Authority for the Principal Northern Territory offshore area is constituted by: (a) the responsible Northern Territory Minister; and (b) the responsible Commonwealth Minister; and is to be known as the Commonwealth‑Northern Territory Greenhouse Gas Storage Cross‑boundary Authority. (5) The Commonwealth‑Northern Territory Greenhouse Gas Storage Cross‑boundary Authority is taken to be the Cross‑boundary Authority for the Northern Territory. Consent (6) Paragraph (1)(a) does not apply to an offshore area of a State unless the State has consented to the responsible State Minister being a member of the Cross‑boundary Authority for the offshore area of the State. (7) Paragraph (1)(b) does not apply to the Principal Northern Territory offshore area unless the Northern Territory has consented to the responsible Northern Territory Minister being a member of the Cross‑boundary Authority for the Principal Northern Territory offshore area. 76B Functions and powers of Cross‑boundary Authorities (1) A Cross‑boundary Authority for a State has, in relation to the offshore area for that State, the functions and powers that this Act or the regulations confer on a Cross‑boundary Authority. (2) The Cross‑boundary Authority for the Principal Northern Territory offshore area has, in relation to that offshore area, the functions and powers that this Act or the regulations confer on a Cross‑boundary Authority. 76C Procedure of Cross‑boundary Authority (1) A Cross‑boundary Authority for a State or the Northern Territory may conduct its business: (a) at meetings of the Cross‑boundary Authority; or (b) by written or other communication between the members of the Cross‑boundary Authority. (2) A written communication under paragraph (1)(b) is not a legislative instrument. 76D Decision‑making Scope (1) This section applies to decisions to be made by a Cross‑boundary Authority for a State or the Northern Territory on matters that are within the Cross‑boundary Authority's functions or powers. Decision‑making (2) The Cross‑boundary Authority must not make: (a) a decision under section 291A to specify a condition in an original cross‑boundary greenhouse gas assessment permit; or (b) a decision to give an offer document under section 307B; or (c) a decision to give an offer document under subsection 311B(3); or (d) a decision under section 320A to specify a condition in an original cross‑boundary greenhouse gas holding lease; or (e) a decision to give an offer document under subsection 350B(3); or (f) a decision under section 358A to specify a condition in a cross‑boundary greenhouse gas injection licence; or (g) a decision under subsection 439B(2) to extend the term of a cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease; or (h) a decision under paragraph 439C(2)(b) to allow a longer period; unless: (i) the responsible Commonwealth Minister; and (j) the responsible State Minister or the responsible Northern Territory Minister, as the case may be; agree about the decision. (3) If: (a) the responsible Commonwealth Minister; and (b) the responsible State Minister or the responsible Northern Territory Minister, as the case may be; disagree about a decision (other than a decision covered by subsection (2)), the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister's decision has effect as the Cross‑boundary Authority's decision. (4) If: (a) the responsible Commonwealth Minister gives: (i) in the case of a State—the responsible State Minister; or (ii) in the case of the Northern Territory—the responsible Northern Territory Minister; written notice of a decision (other than a decision covered by subsection (2)) that the responsible Commonwealth Minister thinks should be made on a matter; and (b) 30 days pass after the notice is given, and: (i) in the case of a State—the responsible State Minister has not told the responsible Commonwealth Minister what decision the responsible State Minister thinks should be made; or (ii) in the case of the Northern Territory—the responsible Northern Territory Minister has not told the responsible Commonwealth Minister what decision the responsible Northern Territory Minister thinks should be made; the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister's decision has effect as the Cross‑boundary Authority's decision. 76E Opinion or state of mind of Cross‑boundary Authority For the purposes of this Act, the opinion or state of mind of the Cross‑boundary Authority for a State or the Northern Territory is: (a) if: (i) the responsible Commonwealth Minister; and (ii) the responsible State Minister or the responsible Northern Territory Minister, as the case may be; agree on the matter concerned—the opinion or state of mind of the 2 Ministers; or (b) if the 2 Ministers disagree—the opinion or state of mind of the responsible Commonwealth Minister. 76F Records of decisions of Cross‑boundary Authority (1) The Titles Administrator must cause to be kept written records of the decisions of a Cross‑boundary Authority. (2) A record kept under subsection (1) in relation to the Cross‑boundary Authority for a State or the Northern Territory is prima facie evidence that the decision was duly made as recorded if the record is signed by a person who was a member of the Cross‑boundary Authority at the time when the decision was made. (3) A record kept under subsection (1) is not a legislative instrument. 76G Signing of documents (1) If a document is signed by the Titles Administrator on behalf of a Cross‑boundary Authority, the document is taken to have been duly executed by the Cross‑boundary Authority. (2) The document is taken to be in accordance with a decision of the Cross‑boundary Authority unless the contrary is proved. 76H Communications with Cross‑boundary Authority All communications to or by a Cross‑boundary Authority are to be made through the Titles Administrator. 76J Judicial notice of signature of member of a Cross‑boundary Authority (1) All courts must take judicial notice of: (a) the signature of a person who is, or has been: (i) a member of the Cross‑boundary Authority for a State or the Northern Territory; or (ii) a delegate of the Cross‑boundary Authority for a State or the Northern Territory; and (b) the fact that the person is, or was at a particular time: (i) a member of the Cross‑boundary Authority for that State or the Northern Territory, as the case may be; or (ii) a delegate of the Cross‑boundary Authority for that State or the Northern Territory, as the case may be. Definition (2) In this section: court includes a person authorised to receive evidence: (a) by a law of the Commonwealth, a State or a Territory; or (b) by consent of parties. 76K Issue of documents, and service of notices, on behalf of Cross‑boundary Authority (1) If this Act requires or allows a Cross‑boundary Authority to: (a) execute or issue an instrument; or (b) give a notice; or (c) communicate a matter; the Titles Administrator is to do so on behalf of the Cross‑boundary Authority in accordance with a decision of the Cross‑boundary Authority. (2) For the purposes of any proceedings: (a) an instrument that purports to be executed or issued by the Titles Administrator on behalf of the Cross‑boundary Authority is taken to have been executed or issued in accordance with a decision of the Cross‑boundary Authority; and (b) a notice that purports to be given by the Titles Administrator on behalf of the Cross‑boundary Authority is taken to have been given in accordance with a decision of the Cross‑boundary Authority; and (c) a communication that purports to be made by the Titles Administrator on behalf of the Cross‑boundary Authority is taken to have been made in accordance with a decision of the Cross‑boundary Authority; unless the contrary is proved. 76L Delegation by a Cross‑boundary Authority (1) A Cross‑boundary Authority for a State or the Northern Territory may, by written instrument, delegate any or all of the functions or powers of the Cross‑boundary Authority under this Act or the regulations to 2 persons together, each of whom is one of the following: (a) an APS employee who is an SES employee or acting SES employee; (b) an employee of the relevant State, or of the Northern Territory, as the case requires. Note: The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901. (2) A delegation under this section: (a) must specify one person as representing the responsible Commonwealth Minister; and (b) must specify the other person as representing the responsible State Minister or responsible Northern Territory Minister of the Cross‑boundary Authority; and (c) must be signed by both members of the Cross‑boundary Authority. Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901. (3) If the Cross‑boundary Authority delegates a function or power under this section, the delegation continues in force despite: (a) a vacancy in the office of responsible Commonwealth Minister; or (b) a change in the identity of the holder of the office of responsible Commonwealth Minister; or (c) a vacancy in the office of responsible State Minister or responsible Northern Territory Minister, as the case may be; or (d) a change in the identity of the holder of the office of responsible State Minister or responsible Northern Territory Minister, as the case may be. (4) Despite subsection (3), a delegation under this section may be revoked by the Cross‑boundary Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901. (5) If a delegation is made under this section, sections 76D and 76E do not apply to the delegates. (6) If the delegates are unable to agree on a matter requiring decision, they must refer the matter to the Cross‑boundary Authority. (7) In the application to the delegates of a provision of this Act containing a reference to the opinion or state of mind of the Cross‑boundary Authority, the reference is to be read as a reference to the opinion or state of mind of the 2 delegates of the Cross‑boundary Authority unless they disagree. (8) A referral under subsection (6) is not a legislative instrument. 24 Section 288 Omit: • This Part provides for the grant of greenhouse gas assessment permits over blocks in an offshore area. substitute: • This Part provides for: (a) the grant of greenhouse gas assessment permits over blocks in an offshore area; and (b) the grant of greenhouse gas assessment permits over blocks in an offshore area and State/Territory blocks in the coastal waters of a State or the Northern Territory. 25 Section 288 Omit: • There are 2 types of greenhouse gas assessment permits: (a) a greenhouse gas assessment permit granted on the basis of work program bidding (a work‑bid greenhouse gas assessment permit); (b) a greenhouse gas assessment permit granted on the basis of cash bidding (a cash‑bid greenhouse gas assessment permit). substitute: • There are 3 types of greenhouse gas assessment permits: (a) a greenhouse gas assessment permit granted on the basis of work program bidding (a work‑bid greenhouse gas assessment permit); and (b) a greenhouse gas assessment permit granted on the basis of cash bidding (a cash‑bid greenhouse gas assessment permit); and (c) a greenhouse gas assessment permit granted over blocks in the offshore area and State/Territory blocks in the coastal waters of a State or the Northern Territory (a cross‑boundary greenhouse gas assessment permit). 26 Section 291 (at the end of the heading) Add "—general". 27 Before subsection 291(1) Insert: (1A) This section does not apply to a cross‑boundary greenhouse gas assessment permit. 28 After section 291 Insert: 291A Conditions of cross‑boundary greenhouse gas assessment permits (1) The Cross‑boundary Authority may grant a cross‑boundary greenhouse gas assessment permit subject to whatever conditions the Cross‑boundary Authority thinks appropriate. (2) The conditions (if any) must be specified in the permit. Approval of key greenhouse gas operations (3) A cross‑boundary greenhouse gas assessment permit is subject to the condition that the permittee will not carry on key greenhouse gas operations under the permit unless: (a) the responsible Commonwealth Minister has approved the operations under section 292A; and (b) the permittee complies with the conditions (if any) to which the approval is subject. Securities (4) A cross‑boundary greenhouse gas assessment permit is subject to the condition that, if the permittee is given a notice under section 454, the permittee will comply with the notice. Work to be carried out (5) Any or all of the following conditions may be specified in a cross‑boundary greenhouse gas assessment permit: (a) conditions requiring the permittee to carry out work in, or in relation to, the permit area (including conditions requiring the permittee to carry out the work during a period of 12 months or longer, or during periods each of which is 12 months or longer); (b) conditions relating to the amounts that the permittee must spend in carrying out such work; (c) conditions requiring the permittee to comply with directions that: (i) relate to the matters covered by paragraphs (a) and (b); and (ii) are given in accordance with the permit. Other provisions (6) Despite subsection (2), the conditions mentioned in subsections (3) and (4) do not need to be specified in the permit. (7) Subsections (3), (4) and (5) do not limit subsection (1). 29 Section 292 (at the end of the heading) Add "—general". 30 Before subsection 292(1) Insert: (1A) This section does not apply to a cross‑boundary greenhouse gas assessment permit. 31 After section 292 Insert: 292A Approval by responsible Commonwealth Minister of key greenhouse gas operations carried on under a cross‑boundary greenhouse gas assessment permit (1) A cross‑boundary greenhouse gas assessment permittee may apply to the responsible Commonwealth Minister for approval to carry on one or more key greenhouse gas operations under the permit. (2) If an application for approval is made under subsection (1), the responsible Commonwealth Minister may: (a) give the approval, with or without conditions to which the approval is subject; or (b) by written notice given to the applicant, refuse to give the approval. Responsible Commonwealth Minister must have regard to certain matters (3) In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6), (7) and (8). (4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key greenhouse gas operations could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under: (a) an existing petroleum exploration permit; or (b) an existing petroleum retention lease; or (c) an existing petroleum production licence; or (d) a future petroleum exploration permit; or (e) a future petroleum retention lease; or (f) a future petroleum production licence; or (g) an existing State/Territory petroleum exploration title; or (h) an existing State/Territory petroleum retention title; or (i) an existing State/Territory petroleum production title; or (j) a future State/Territory petroleum exploration title; or (k) a future State/Territory petroleum retention title; or (l) a future State/Territory petroleum production title. (5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under: (a) an existing petroleum exploration permit held by a person other than the applicant; or (b) an existing petroleum retention lease held by a person other than the applicant; or (c) an existing petroleum production licence held by a person other than the applicant; or (d) an existing State/Territory petroleum exploration title held by a person other than the applicant; or (e) an existing State/Territory petroleum retention title held by a person other than the applicant; or (f) an existing State/Territory petroleum production title held by a person other than the applicant; the responsible Commonwealth Minister must have regard to: (g) whether: (i) the registered holder of the petroleum exploration permit; or (ii) the registered holder of the petroleum retention lease; or (iii) the registered holder of the petroleum production licence; or (iv) the holder of the State/Territory petroleum exploration title; or (v) the holder of the State/Territory petroleum retention title; or (vi) the holder of the State/Territory petroleum production title; as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and (h) if so—the terms of that agreement. (6) If: (a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under: (i) a future petroleum exploration permit over a block or blocks; or (ii) a future petroleum retention lease over a block or blocks; or (iii) a future petroleum production licence over a block or blocks; or (iv) a future State/Territory petroleum exploration title over a State/Territory block or State/Territory blocks; or (v) a future State/Territory petroleum retention title over a State/Territory block or State/Territory blocks; or (vi) a future State/Territory petroleum production title over a State/Territory block or State/Territory blocks; and (b) either: (i) a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks; or (ii) a State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title is in force over the State/Territory block or any of the State/Territory blocks; and (c) the petroleum exploration permit, petroleum retention lease, petroleum production licence, State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title is held by a person other than the applicant; the responsible Commonwealth Minister must have regard to: (d) whether: (i) the registered holder of the petroleum exploration permit covered by subparagraph (b)(i); or (ii) the registered holder of the petroleum retention lease covered by subparagraph (b)(i); or (iii) the registered holder of the petroleum production licence covered by subparagraph (b)(i); or (iv) the holder of the State/Territory petroleum exploration title covered by subparagraph (b)(ii); or (v) the holder of the State/Territory petroleum retention title covered by subparagraph (b)(ii); or (vi) the holder of the State/Territory petroleum production title covered by subparagraph (b)(ii); as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and (e) if so—the terms of that agreement. (7) If any of those key greenhouse gas operations is: (a) an operation to inject, on an appraisal basis, a substance into a part of a geological formation; or (b) an operation to store, on an appraisal basis, a substance in a part of a geological formation; the responsible Commonwealth Minister must have regard to the composition of the substance. (8) The responsible Commonwealth Minister must have regard to the public interest. (9) Subsections (4), (5), (6) and (7) do not limit subsection (8). (10) Subsections (4), (5), (6), (7) and (8) do not limit the matters to which the responsible Commonwealth Minister may have regard. Circumstances in which the approval must not be given (11) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under: (a) an existing pre‑commencement petroleum title held by a person other than the applicant; or (b) an existing post‑commencement petroleum production licence held by a person other than the applicant; or (c) an existing pre‑commencement State/Territory petroleum title held by a person other than the applicant; or (d) an existing post‑commencement State/Territory petroleum production title held by a person other than the applicant; the responsible Commonwealth Minister must not give the approval unless: (e) the registered holder of the pre‑commencement petroleum title; or (f) the registered holder of the post‑commencement petroleum production licence; or (g) the holder of the pre‑commencement State/Territory petroleum title; or (h) the holder of the post‑commencement State/Territory petroleum production title; as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied. (12) If: (a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under: (i) a future pre‑commencement petroleum title over a block or blocks; or (ii) a future pre‑commencement State/Territory petroleum title over a State/Territory block or State/Territory blocks; and (b) if subparagraph (a)(i) applies—the existing pre‑commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant; and (c) if subparagraph (a)(ii) applies—the existing pre‑commencement State/Territory petroleum title in force over the State/Territory block or any of the State/Territory blocks is held by a person other than the applicant; the responsible Commonwealth Minister must not give the approval unless: (d) the registered holder of the existing pre‑commencement petroleum title; or (e) the holder of the existing pre‑commencement State/Territory petroleum title; as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied. No right to an approval (13) To avoid doubt, section 290 does not imply that a cross‑boundary greenhouse gas assessment permittee who applies for approval under subsection (1) of this section is entitled to be given the approval. Suspension of rights (14) For the purposes of this section, disregard a suspension of rights under: (a) section 266; or (b) a provision of a law of a State or Territory that corresponds to section 266. 32 Subsection 293(1) (table item 1, column headed "This kind of permit...") After "permit", insert "(other than an original cross‑boundary greenhouse gas assessment permit or an original consolidated work‑bid greenhouse gas assessment permit)". 33 Subsection 293(1) (after table item 1) Insert: 1A an original cross‑boundary greenhouse gas assessment permit, where the grant of the permit resulted in: for the period beginning on the day on which the permit is granted and ending at whichever is the later of the following times: (a) the existing greenhouse gas assessment permit mentioned in section 307A ceasing to be in force before the time when it would have expired if the original cross‑boundary greenhouse gas assessment permit had not been granted; or (a) the time when the existing greenhouse gas assessment permit would have expired if it had not ceased to be in force; (b) the existing State/Territory greenhouse gas assessment title mentioned in section 307A ceasing to be in force before the time when it would have expired if the original cross‑boundary greenhouse gas assessment permit had not been granted (b) the time when the existing State/Territory greenhouse gas assessment title would have expired if it had not ceased to be in force. 1B an original cross‑boundary greenhouse gas assessment permit, where item 1A does not apply for the period (not exceeding 12 months) specified in the permit. 1C an original consolidated work‑bid greenhouse gas assessment permit, where: for the period beginning on the day on which the permit is granted and ending at whichever is the later of the following times: (a) both of the existing work‑bid greenhouse gas assessment permits mentioned in section 302A were original greenhouse gas assessment permits; or (a) the time when the first precursor permit would have expired if it had not ceased to be in force; (b) both of the existing work‑bid greenhouse gas assessment permits mentioned in section 302A were granted by way of first renewal; or (b) the time when the second precursor permit would have expired if it had not ceased to be in force. (c) both of the existing work‑bid greenhouse gas assessment permits mentioned in section 302A were granted by way of second renewal; and the grant of the original consolidated work‑bid greenhouse gas assessment permit resulted in either or both of the following: (d) one of the existing work‑bid greenhouse gas assessment permits (the first precursor permit) mentioned in section 302A ceasing to be in force before the time when it would have expired if the original consolidated work‑bid greenhouse gas assessment permit had not been granted; (e) the other existing work‑bid greenhouse gas assessment permit (the second precursor permit) mentioned in section 302A ceasing to be in force before the time when it would have expired if the original consolidated work‑bid greenhouse gas assessment permit had not been granted 1D an original consolidated work‑bid greenhouse gas assessment permit, where: for the period: (a) one of the existing work‑bid greenhouse gas assessment permits (the first precursor permit) mentioned in section 302A was an original greenhouse gas assessment permit; and (a) beginning on the day on which the permit is granted; and (b) the other existing work‑bid greenhouse gas assessment permit mentioned in section 302A was granted by way of first renewal or second renewal; and (b) ending at the time when the first precursor permit would have expired if it had not ceased to be in force. (c) the grant of the original consolidated work‑bid greenhouse gas assessment permit resulted in the first precursor permit ceasing to be in force before the time when it would have expired if the original consolidated work‑bid greenhouse gas assessment permit had not been granted 1E an original consolidated work‑bid greenhouse gas assessment permit, where: for the period: (a) one of the existing work‑bid greenhouse gas assessment permits (the first precursor permit) mentioned in section 302A was granted by way of first renewal; and (a) beginning on the day on which the permit is granted; and (b) the other existing work‑bid greenhouse gas assessment permit mentioned in section 302A was granted by way of second renewal; and (b) ending at the time when the first precursor permit would have expired if it had not ceased to be in force. (c) the grant of the original consolidated work‑bid greenhouse gas assessment permit resulted in the first precursor permit ceasing to be in force before the time when it would have expired if the original consolidated work‑bid greenhouse gas assessment permit had not been granted 1F an original consolidated work‑bid greenhouse gas assessment permit, where item 1C, 1D or 1E does not apply for the period (not exceeding 12 months) specified in the permit. 34 Subsection 293(2) (after note 1) Insert: Note 1AA: For a special rule about the extension of the duration of a greenhouse gas assessment permit pending a decision on an application for a consolidated work‑bid greenhouse gas assessment permit, see subsection 302A(4). Note 1AB: For a special rule about the extension