Commonwealth: Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019 (Cth)

Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019 No. 92, 2019 An Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Greenhouse gas storage etc. Part 1—Amendments Division 1—General amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 2—Amendments to be made if Schedule 2 to the Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019 has not commenced Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 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 Part 2—Transitional and application provisions Schedule 2—Protection of technical information Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 3—Directions given by the responsible Commonwealth Minister Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 4—Compliance powers Part 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 2—Application provisions Schedule 5—Variation of petroleum access authority Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 6—Directions by the Titles Administrator Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 7—Listed NOPSEMA laws Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 8—Fees payable to the Titles Administrator on behalf of the Commonwealth Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 9—Functions and powers of NOPSEMA Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 10—Courts Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 11—Recovery of costs and expenses Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 12—Appeals Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 13—Boundary changes Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 14—Fixed‑term petroleum production licences Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 15—Additional NOPSEMA inspection powers relating to well integrity laws Part 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 2—Application provisions Schedule 16—Civil penalties, enforceable undertakings, infringement notices, injunctions etc. Part 1—Amendments commencing the day after Royal Assent Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 2—Amendments commencing the same time as Schedule 1 commences Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 3—Amendments commencing the same time as Schedule 15 commences Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 17—Designated frontier areas Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 18—Regulations references Offshore Petroleum and Greenhouse Gas Storage Act 2006 Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019 No. 92, 2019 An Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes [Assented to 28 October 2019] The Parliament of Australia enacts: 1 Short title This Act is the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019. 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. 28 October 2019 2. Schedule 1, Part 1, Division 1 A single day to be fixed by Proclamation. 28 April 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. 3. Schedule 1, Part 1, Division 2 At the same time as the provisions covered by table item 2. 28 April 2020 However, the provisions do not commence at all if Schedule 2 to the Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019 commences before the commencement of the provisions covered by table item 2. 4. Schedule 1, Part 1, Division 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 unless the event mentioned in paragraph (b) occurs. 5. Schedule 1, Part 2 At the same time as the provisions covered by table item 2. 28 April 2020 6. Schedules 2 to 14 The day after this Act receives the Royal Assent. 29 October 2019 7. Schedule 15 Immediately after the commencement of the provisions covered by table item 2. 28 April 2020 8. Schedule 16, Part 1 The day after this Act receives the Royal Assent. 29 October 2019 9. Schedule 16, Part 2 At the same time as the provisions covered by table item 2. 28 April 2020 10. Schedule 16, Part 3 At the same time as the provisions covered by table item 7. 28 April 2020 11. Schedule 17 The day after this Act receives the Royal Assent. 29 October 2019 12. Schedule 18 Immediately after the commencement of the provisions covered by table item 7. 28 April 2020 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—Greenhouse gas storage etc. Part 1—Amendments Division 1—General amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 1 Section 7 (after paragraph (d) of the definition of approved) Insert: (da) section 452A; or 2 Section 7 Insert: environmental management law has the same meaning as in Schedule 2A. 3 Section 7 (definition of greenhouse gas project inspector) Repeal the definition. 4 Section 7 (definition of petroleum environmental law) Repeal the definition. 5 Section 7 Insert: related body corporate has the same meaning as in the Corporations Act 2001. 6 Section 7 (after paragraph (i) of the definition of title) Insert: (ia) when used in section 579A—has the meaning given by subsection 579A(1); or 7 Paragraph 316(2)(b) After "regulations", insert "(other than the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009, Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009)". 8 Paragraph 351(2)(b) After "regulations", insert "(other than the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009, Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009)". 9 Subsection 360(3) (note) Omit "section 595", substitute "sections 594A and 595". 10 Paragraph 376(3)(b) After "regulations", insert "(other than the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009, Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009)". 11 Paragraph 430(5)(b) After "Minister", insert ", NOPSEMA or the Titles Administrator". 12 Subsection 436(1) (table item 2, column headed "Event or circumstance") After "Minister", insert "or the Titles Administrator". 13 Subsection 440(1) (table item 4, column headed "Event or circumstance") After "Minister", insert "or the Titles Administrator". 14 At the end of subsection 442(3) Add: Note: See also paragraph 646(gp) (NOPSEMA's advisory function). 15 Paragraph 446(b) After "Minister", insert ", NOPSEMA or the Titles Administrator". 16 At the end of Division 1 of Part 3.11 Add: 449A NOPSEMA to notify the Titles Administrator of grounds for cancellation of title If NOPSEMA reasonably believes that there is a ground for cancelling: (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease; or (c) a greenhouse gas injection licence; NOPSEMA must notify the Titles Administrator of: (d) the belief; and (e) the reasons for the belief. 17 After section 452 Insert: 452A Notification requirements—registered holders of titles Registered holders as at commencement (1) If, as at the commencement of this section, a person is the registered holder, or one of the registered holders, of a greenhouse gas title, the person must: (a) give the Titles Administrator and NOPSEMA a written notice, in the approved form, that: (i) states that the person is a registered holder of the greenhouse gas title; and (ii) sets out such of the person's contact details as are required by the form; and (b) do so within 30 days after the commencement of this section. Note: For contact details, see subsection (12). Becoming a registered holder (2) If, at any time after the commencement of this section, a person becomes the registered holder, or one of the registered holders, of a greenhouse gas title, the person must: (a) give the Titles Administrator and NOPSEMA a written notice, in the approved form, that: (i) states that the person has become a registered holder of the greenhouse gas title; and (ii) sets out such of the person's contact details as are required by the form; and (b) do so within 30 days after so becoming a registered holder. Note: For contact details, see subsection (12). Ceasing to be a registered holder otherwise than because of death (3) If, at any time after the commencement of this section, a person ceases to be the registered holder, or one of the registered holders, of a greenhouse gas title otherwise than because of the death of the person, the person must: (a) notify the Titles Administrator and NOPSEMA, in writing, of the cessation; and (b) do so within 30 days after the cessation. Death of a registered holder (4) If, at any time after the commencement of this section, a person who is the registered holder, or one of the registered holders, of a greenhouse gas title dies, the person's legal personal representative must: (a) notify the Titles Administrator and NOPSEMA, in writing, of the death; and (b) do so within 30 days after the death. Change of contact details of registered holder (5) If: (a) a person is the registered holder, or one of the registered holders, of a greenhouse gas title; and (b) the person has given a notice under: (i) subsection (1); or (ii) subsection (2); or (iii) this subsection; that sets out one or more contact details of the person; and (c) any or all of those contact details have changed; the person must: (d) give the Titles Administrator and NOPSEMA a written notice, in the approved form, that: (i) states that the relevant contact details have changed; and (ii) sets out the changed contact details; and (e) do so within 30 days after the change. Note: For contact details, see subsection (12). Publication of approved form (6) The Titles Administrator must publish on the Department's website a form approved for the purposes of subsection (1), (2) or (5). Offence (7) A person commits an offence if: (a) the person is subject to a requirement under subsection (1), (2), (3), (4) or (5); and (b) the person omits to do an act; and (c) the omission breaches the requirement. Penalty: 50 penalty units. (8) An offence against subsection (7) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Civil penalty (9) A person is liable to a civil penalty if the person contravenes a requirement under subsection (2), (3), (4) or (5). Civil penalty: 90 penalty units. Continuing offences and continuing contraventions of civil penalty provisions (10) The maximum penalty for each day that an offence under subsection (7) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Note: Subsection (7) is a continuing offence under section 4K of the Crimes Act 1914. (11) The maximum civil penalty for each day that a contravention of subsection (9) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention. Note: Subsection (9) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. Definitions (12) In this section: approved means approved, in writing, by the Titles Administrator and the Chief Executive Officer of NOPSEMA. contact details of a person includes the following: (a) the person's name; (b) the address of: (i) the place of residence or business of the person; or (ii) if the person is a body corporate—the head office, a registered office or a principal office of the body corporate; (c) the person's telephone number; (d) the person's fax number (if any); (e) the person's email address; (f) if the person is a body corporate that has an ACN (within the meaning of the Corporations Act 2001)—the ACN. greenhouse gas title means: (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease; or (c) a greenhouse gas injection licence; or (d) a greenhouse gas search authority; or (e) a greenhouse gas special authority. 18 After subsection 454(1) Insert: (1A) If, in the performance of its functions or the exercise of its powers, NOPSEMA becomes aware of circumstances that: (a) relate to: (i) the registered holder of a greenhouse gas assessment permit; or (ii) the registered holder of a greenhouse gas holding lease; or (iii) the registered holder of a greenhouse gas injection licence; and (b) may make it appropriate for the responsible Commonwealth Minister to require the registered holder to lodge an additional security under subsection (1); NOPSEMA may inform the responsible Commonwealth Minister of those circumstances. 19 After subsection 454(2) Insert: (2A) If, in the performance of its functions or the exercise of its powers, NOPSEMA becomes aware of circumstances that: (a) relate to: (i) the registered holder of a greenhouse gas assessment permit; or (ii) the registered holder of a greenhouse gas holding lease; or (iii) the registered holder of a greenhouse gas injection licence; and (b) may make it appropriate for the responsible Commonwealth Minister to require the registered holder to lodge a security under subsection (2); NOPSEMA may inform the responsible Commonwealth Minister of those circumstances. 20 Paragraph 454(3)(b) After "Minister", insert ", NOPSEMA or the Titles Administrator". 21 Paragraph 570(7)(c) Repeal the paragraph, substitute: (c) a direction given by NOPSEMA or the responsible Commonwealth Minister under: (i) Chapter 3; or (ii) this Chapter; and 22 Paragraph 572(7)(c) Repeal the paragraph, substitute: (c) a direction given by NOPSEMA or the responsible Commonwealth Minister under: (i) Chapter 3; or (ii) this Chapter; and 23 Subsection 572(7) (note) Repeal the note. 24 Subsection 574(5) Repeal the subsection (not including the heading). 25 Subsection 576B(7) Repeal the subsection (not including the notes). 26 Section 579 Repeal the section, substitute: 579 Simplified outline of this Part • NOPSEMA or the responsible Commonwealth Minister may give a direction to a greenhouse gas titleholder. A direction may extend to other persons. • If there is a breach of a direction given by NOPSEMA or the responsible Commonwealth Minister under Chapter 3, this Chapter or the regulations, NOPSEMA or the responsible Commonwealth Minister may do anything required by the direction to be done, and NOPSEMA's costs or the responsible Commonwealth Minister's costs may be recovered from the person to whom the direction was given. • In a prosecution for an offence relating to a breach of a direction given by NOPSEMA or the responsible Commonwealth Minister under Chapter 3, this Chapter or the regulations, it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction. 27 Before section 580 Insert: 579A General power to give directions—NOPSEMA Definitions (1) In this section: greenhouse gas matter means: (a) exploring for a potential greenhouse gas storage formation; or (b) exploring for a potential greenhouse gas injection site; or (c) the injection of a greenhouse gas substance into the seabed or subsoil of an offshore area; or (d) the storage of a greenhouse gas substance in the seabed or subsoil of an offshore area. title means: (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease; or (c) a greenhouse gas injection licence; or (d) a greenhouse gas search authority; or (e) a greenhouse gas special authority. Direction to registered holder (2) NOPSEMA may, by written notice given to the registered holder of a title, give the registered holder a direction as to any matter in relation to which regulations may be made. Note 1: Section 782 is the main provision setting out matters in relation to which regulations may be made. Note 2: For enforcement, see section 582. Extended application of direction (3) A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to: (a) a specified class of persons, so long as the class consists of, or is included in, either or both of the following classes: (i) employees or agents of, or persons acting on behalf of, the registered holder; (ii) persons performing work or services, whether directly or indirectly, for the registered holder; or (b) any person (other than the registered holder or a person to whom the direction applies in accordance with paragraph (a)) who is: (i) in an offshore area for any reason touching, concerning, arising out of, or connected with, a greenhouse gas matter; or (ii) in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the offshore area for a reason of that kind. (4) If a direction so expressed is given, the direction is taken to apply to each person included in the specified class mentioned in paragraph (3)(a) or to each person who is in the offshore area as mentioned in paragraph (3)(b), as the case may be. Note: For notification requirements, see section 581. Additional matters (5) A direction under this section has effect, and must be complied with, despite: (a) any previous direction under this section; and (b) anything in the regulations or the applied provisions. Note: For applied provisions, see subsection 80(2). (6) A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter. (7) To avoid doubt, subsection (6) applies to an instrument, whether issued or made in Australia or outside Australia. (8) A direction under this section may prohibit the doing of an act or thing: (a) unconditionally; or (b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction. (9) If NOPSEMA gives a direction under this section, NOPSEMA must: (a) give the responsible Commonwealth Minister a copy of the direction; and (b) do so as soon as practicable after the direction was given. Directions (10) If paragraph (3)(b) applies to a direction under this section, the direction is a legislative instrument. (11) If paragraph (3)(b) does not apply to a direction under this section, the direction is not a legislative instrument. 28 Section 580 (heading) Repeal the heading, substitute: 580 General power to give directions—responsible Commonwealth Minister 29 Paragraph 580(5)(b) After "regulations", insert "(other than the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009, Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009)". 30 After subsection 580(8) Insert: Inconsistency (8A) If a direction under this section is inconsistent with a direction under section 579A, the direction under this section has no effect to the extent of the inconsistency. 31 Before section 581 Insert: 580A Directions may extend outside of title area (1) A direction under this Division may require the registered holder of the title in relation to which the direction is given to take an action (or not to take an action) anywhere in an offshore area, whether within or outside the title area of the title. (2) If a direction under section 579A requires the registered holder of a title (the first title) to take an action in, or in relation to, the title area of another title (the related title), NOPSEMA must give a copy of the direction to the registered holder of the related title as soon as practicable after the direction is given to the registered holder of the first title. (3) If a direction under section 580 requires the registered holder of a title (the first title) to take an action in, or in relation to, the title area of another title (the related title), the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the related title as soon as practicable after the direction is given to the registered holder of the first title. (4) In this section: title means any title covered by section 572. title area of a title has the meaning given by section 572 in relation to the title. Note: Section 572 sets out the title area for certain petroleum titles and greenhouse gas titles. 32 Before subsection 581(1) Insert: Notification—direction under section 579A (1A) If a direction under section 579A applies to: (a) a registered holder; and (b) a person referred to in paragraph 579A(3)(a); the registered holder must cause a copy of the notice by which the direction was given to be: (c) given to that other person; or (d) displayed at a prominent position at a place in the offshore area frequented by that other person. (1B) If a direction under section 579A applies to: (a) a registered holder; and (b) a person referred to in paragraph 579A(3)(b); the registered holder must cause a copy of the notice by which the direction was given to be displayed at a prominent position at a place in the offshore area. (1C) If a direction under section 579A applies to: (a) a registered holder; and (b) a person referred to in paragraph 579A(3)(b); NOPSEMA may, by written notice given to the registered holder, require the registered holder to cause to be displayed: (c) at such places in the offshore area; and (d) in such manner; as are specified in the notice, copies of the notice by which the direction was given. 33 Subsection 581(1) (heading) Repeal the heading, substitute: Notification—direction under section 580 34 Paragraph 581(4)(a) After "subsection", insert "(1A), (1B), (1C),". 35 Paragraph 582(1)(a) After "section", insert "579A or". 36 Paragraph 582(3)(a) After "section", insert "579A or". 37 Division 3 of Part 6.3 (heading) Repeal the heading, substitute: Division 3—NOPSEMA or the responsible Commonwealth Minister may take action if there is a breach of a direction 38 Before section 583 Insert: 582A NOPSEMA may take action if there is a breach of a direction Action by NOPSEMA (1) If: (a) a person is subject to a direction given by NOPSEMA under: (i) this Chapter (other than Part 6.2); or (ii) the regulations; and (b) the person engages in conduct; and (c) the person's conduct breaches the direction; NOPSEMA may do any or all of the things required by the direction to be done. Recovery of costs and expenses incurred by NOPSEMA (2) Costs or expenses incurred by NOPSEMA under subsection (1) in relation to a direction are: (a) a debt due to NOPSEMA by the person subject to the direction; and (b) recoverable in: (i) the Federal Court; or (ii) the Federal Circuit Court; or (iii) a court of a State or Territory that has jurisdiction in relation to the matter. Exception—direction that has an extended application (3) If: (a) a direction under section 579A applies to: (i) a registered holder; and (ii) another person; and (b) an action under subsection (2) relating to the direction is brought against the other person; and (c) the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction; the other person is not liable under subsection (2) unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction. Defence (4) In an action under subsection (2), it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction. 39 Subparagraph 583(1)(a)(iii) Repeal the subparagraph. 40 Section 584 After "Minister", insert ", NOPSEMA or the Titles Administrator". 41 Section 591 Omit: • The responsible Commonwealth Minister may give remedial directions to greenhouse gas titleholders or former greenhouse gas titleholders about the following matters: (a) the removal of property; (b) the plugging or closing off of wells; (c) the conservation and protection of natural resources; (d) the making good of damage to the seabed or subsoil. substitute: • NOPSEMA or the responsible Commonwealth Minister may give remedial directions to greenhouse gas titleholders or former greenhouse gas titleholders about the following matters: (a) the removal of property; (b) the plugging or closing off of wells; (c) the conservation and protection of natural resources; (d) the making good of damage to the seabed or subsoil. 42 Section 591 Omit: • If there is a breach of a direction, the responsible Commonwealth Minister may do anything required by the direction to be done. • If property has not been removed in accordance with a direction, the responsible Commonwealth Minister may direct the owner to remove or dispose of the property. substitute: • If there is a breach of a direction, NOPSEMA or the responsible Commonwealth Minister may do anything required by the direction to be done. • If property has not been removed in accordance with a direction, NOPSEMA or the responsible Commonwealth Minister may direct the owner to remove or dispose of the property. 43 Section 591A Before "the responsible Commonwealth Minister", insert "NOPSEMA or". 44 At the end of section 591A Add: ; or (c) a provision of Chapter 3. 45 After section 591A Insert: 591B Remedial directions to current holders of permits, leases and licences—NOPSEMA Scope (1) This section applies to: (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease; or (c) a greenhouse gas injection licence, if no operations for the injection of a greenhouse gas substance into an identified greenhouse gas storage formation have been carried on under the licence. Direction to registered holder (2) NOPSEMA may, by written notice given to the registered holder of the permit, lease or licence, direct the holder to do any or all of the following things on or before the applicable date: (a) to: (i) remove, or cause to be removed, from the title area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or (ii) make arrangements that are satisfactory to NOPSEMA in relation to that property; (b) to plug or close off, to the satisfaction of NOPSEMA, all wells made in the title area by any person engaged or concerned in those operations; (c) to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the title area; (d) to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations. Note 1: For applicable date and title area, see subsection (7). Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (3) Paragraph (2)(c) has effect subject to: (a) Chapter 3; and (b) this Chapter; and (c) the regulations. (4) In attaining a state of satisfaction for the purposes of paragraph (2)(b), NOPSEMA must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum‑bearing qualities of geological formations. Offence (5) A person commits an offence if: (a) the person is subject to a direction under subsection (2); and (b) the person omits to do an act; and (c) the omission breaches the direction. Penalty: 100 penalty units. (6) An offence against subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Applicable date and title area (7) For the purposes of this section, the table has effect: Applicable date and title area Item In the case of ... the applicable date is ... and the title area is ... 1 a greenhouse gas assessment permit the expiry date of the permit the permit area. 2 a greenhouse gas holding lease (other than a special greenhouse gas holding lease) the expiry date of the lease the lease area. 3 a special greenhouse gas holding lease the date determined, in writing, by NOPSEMA the lease area. 4 a greenhouse gas injection licence the first date on which the licence can be terminated under this Act the licence area. (8) A notice under subsection (2) need not identify the applicable date as a particular calendar date. 46 Section 592 (heading) Repeal the heading, substitute: 592 Remedial directions to current holders of permits, leases and licences—responsible Commonwealth Minister 47 Paragraph 592(2)(d) Omit "operations.", substitute "operations;". 48 At the end of subsection 592(2) (before the notes) Add: so long as the direction is given for a purpose that relates to: (e) resource management; or (f) resource security; or (g) decommissioning. 49 At the end of section 592 Add: Inconsistency (8) If a direction under this section is inconsistent with a direction under section 591B, the direction under this section has no effect to the extent of the inconsistency. 50 After section 594 Insert: 594A Remedial directions to former holders of permits, leases, licences and authorities etc.—NOPSEMA Scope (1) This section applies if an event specified in the table has happened: Scope Item Title Event 1 Greenhouse gas assessment permit (a) the permit has been cancelled; (b) the permit has expired. 2 Greenhouse gas holding lease (other than a special greenhouse gas holding lease) (a) the lease has been cancelled; (b) the lease has expired. 3 Special greenhouse gas holding lease the lease has been cancelled. 4 Greenhouse gas injection licence (a) the licence has been cancelled; (b) the licence has been terminated. 5 Greenhouse gas search authority (a) the authority has been surrendered; (b) the authority has been cancelled; (c) the authority has expired. 6 Greenhouse gas special authority (a) the authority has been revoked; (b) the authority has been surrendered; (c) the authority has expired. Direction (2) NOPSEMA may, by written notice given to the person who was, or is, as the case may be, the registered holder of the permit, lease, licence or authority, direct the person to do any or all of the following things within the period specified in the notice: (a) to: (i) remove, or cause to be removed, from the vacated area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease, licence or authority; or (ii) make arrangements that are satisfactory to NOPSEMA in relation to that property; (b) to plug or close off, to the satisfaction of NOPSEMA, all wells made in the vacated area by any person engaged or concerned in those operations; (c) to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the vacated area; (d) to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in those operations. (3) The period specified in the notice must be reasonable. (4) Paragraph (2)(c) has effect subject to: (a) Chapter 3; and (b) this Chapter; and (c) the regulations. (5) In attaining a state of satisfaction for the purposes of paragraph (2)(b), NOPSEMA must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum‑bearing qualities of geological formations. Offence (6) A person commits an offence if: (a) the person is subject to a direction under subsection (2); and (b) the person omits to do an act; and (c) the omission breaches the direction. Penalty: 100 penalty units. (7) An offence against subsection (6) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 51 Section 595 (heading) Repeal the heading, substitute: 595 Remedial directions to former holders of permits, leases, licences and authorities etc.—responsible Commonwealth Minister 52 Paragraph 595(2)(d) Omit "operations.", substitute "operations;". 53 At the end of subsection 595(2) Add: so long as the direction is given for a purpose that relates to: (e) resource management; or (f) resource security; or (g) decommissioning. 54 At the end of section 595 Add: Inconsistency (8) If a direction under this section is inconsistent with a direction under section 594A, the direction under this section has no effect to the extent of the inconsistency. 55 After section 595 Insert: 595A NOPSEMA may take action if a direction has been breached Scope (1) This section applies if a direction is given under section 594A. NOPSEMA may take action (2) If: (a) a direction under section 594A has been breached in relation to the vacated area; or (b) an arrangement under section 594A has not been carried out in relation to the vacated area; NOPSEMA may do any or all of the things required by the direction or arrangement to be done. (3) If: (a) a direction is given under section 594A; and (b) any property brought into the vacated area by any person engaged or concerned in the operations authorised by the permit, lease, licence or authority has not been removed in accordance with: (i) a direction under section 594A in relation to the vacated area; or (ii) an arrangement under section 594A in relation to the vacated area; NOPSEMA may, by notifiable instrument, direct the owner or owners of that property to: (c) remove the property from the vacated area; or (d) dispose of the property to the satisfaction of NOPSEMA; within the period specified in the instrument. Note: For sanctions, see section 596A. (4) The period specified in the instrument must be reasonable. (5) If a direction is given under subsection (3) in relation to property, NOPSEMA must give a copy of the instrument to each person whom NOPSEMA believes to be an owner of the property or of any part of the property. 56 After section 596 Insert: 596A Removal, disposal or sale of property by NOPSEMA—breach of direction Power to remove, dispose of or sell property (1) If a direction under subsection 595A(3) has been breached in relation to property, NOPSEMA may do any or all of the following things: (a) remove, in such manner as NOPSEMA thinks fit, any or all of that property from the vacated area concerned; (b) dispose of, in such manner as NOPSEMA thinks fit, any or all of that property; (c) if, under subsection 595A(5), a person was given a copy of the notice of the direction—sell, by public auction or otherwise, as NOPSEMA thinks fit, any or all of that property that belongs, or that NOPSEMA believes to belong, to that person. Deduction of costs and expenses etc. from proceeds of sale (2) NOPSEMA may deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of: (a) any costs and expenses incurred by NOPSEMA under that subsection in relation to that property; and (b) any costs and expenses incurred by NOPSEMA in relation to the doing of any thing required by a direction under section 594A to be done by that person; and (c) any fees or amounts payable by that person to NOPSEMA under this Act, so long as the fee or amount is due and payable. (3) NOPSEMA may, on behalf of the Commonwealth, deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of: (a) any fees or amounts payable by that person to the Commonwealth under this Act, so long as the fee or amount concerned is due and payable; and (b) any amounts payable by that person under any of the following provisions of the Regulatory Levies Act: (i) section 5; (ii) section 7; (iii) section 9; (iv) section 10A; (v) section 10C; (vi) section 10E; (vii) section 10F; so long as the amount concerned is due and payable. (4) If NOPSEMA deducts an amount under subsection (3), NOPSEMA must remit that amount to the Commonwealth. Balance of proceeds of sale to be paid to owner of property (5) The proceeds of a sale of property under subsection (1), less any deductions under subsection (2) or (3), are to be paid to the owner of the property. Recovery of costs and expenses—removal, disposal or sale of property (6) If NOPSEMA incurs any costs or expenses under subsection (1) in relation to the removal, disposal or sale of property, the costs or expenses: (a) are a debt due by the owner of the property to NOPSEMA; and (b) to the extent to which they are not recovered under subsection (2)—are recoverable in: (i) the Federal Court; or (ii) the Federal Circuit Court; or (iii) a court of a State or Territory that has jurisdiction in relation to the matter. Recovery of costs and expenses—breach of direction (7) If NOPSEMA incurs costs or expenses in relation to the doing of anything required by a direction under section 594A to be done by a person who is or was the registered holder of: (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease; or (c) a greenhouse gas injection licence; or (d) a greenhouse gas search authority; or (e) a greenhouse gas special authority; the costs or expenses: (f) are a debt due by the person to NOPSEMA; and (g) to the extent to which they are not recovered under subsection (2)—are recoverable in: (i) the Federal Court; or (ii) the Federal Circuit Court; or (iii) a court of a State or Territory that has jurisdiction in relation to the matter. 57 Paragraph 597(2)(d) Repeal the paragraph, substitute: (d) any amounts payable by that person under any of the following provisions of the Regulatory Levies Act: (i) section 5; (ii) section 7; (iii) section 9; (iv) section 10A; (v) section 10C; (vi) section 10E; (vii) section 10F; so long as the amount concerned is due and payable. 58 After subsection 598(1) Insert: (1A) Except as provided by subsection 596A(6) or section 780, no action, suit or proceeding lies in relation to the removal, disposal or sale, or the purported removal, disposal or sale, of property under section 596A. 59 Subsection 598(2) After "(1)", insert "or (1A)". 60 Division 1 of Part 6.5 (heading) Repeal the heading, substitute: Division 1—Petroleum and greenhouse gas 61 Section 599 After: • A person must not interfere with offshore petroleum installations or operations. insert: • A person must not interfere with greenhouse gas installations or operations. 62 Section 600 Insert: greenhouse gas title means: (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease; or (c) a greenhouse gas injection licence; or (d) a greenhouse gas search authority; or (e) a greenhouse gas special authority; or (f) a greenhouse gas research consent. 63 Subsection 601(1) (after table item 1) Insert: 1A Chapter 3 Regulation of activities related to injection and storage of greenhouse gas substances 64 Subsection 601(1) (after table item 2) Insert: 2A Chapter 5 Registration of transfers of, and dealings in, greenhouse gas titles 65 Subsection 601(1) (table items 3 and 4) Repeal the items, substitute: 3 Part 6.1 Operations 66 Subsection 601(1) (after table item 5) Insert: 5A Part 6.3 Directions relating to greenhouse gas 67 Subsection 601(1) (table item 6) Repeal the item, substitute: 6 Part 6.4 Restoration of the environment 68 Subsection 601(1) (table item 9, column headed "Provisions") Omit ", to the extent that the Part applies in relation to petroleum titles". 69 Subsection 601(1) (table item 11, column headed "Provisions") Omit ", to the extent that the Division applies in relation to petroleum titles". 70 Subsection 601(1) (after table item 12) Insert: 12A Chapter 8 Information relating to greenhouse gas 71 Subsection 601(1) (table item 13, column headed "Topic") Omit "Petroleum environmental laws", substitute "Environmental management laws". 72 Subsection 601(1) (table item 16, column headed "Provisions") Omit ", to the extent that the regulations apply in relation to petroleum titles". 73 Subsection 601(1) (after table item 16) Insert: 16A The provisions of the Offshore Petroleum and Greenhouse Gas Storage (Greenhouse Gas Injection and Storage) Regulations 2011 Regulation of greenhouse gas injection and storage 74 Subsection 601(1) (table item 17) Repeal the item, substitute: 17 The provisions of Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 Structural integrity of wells and well operations 75 Subsection 601(1) (table item 18, column headed "Provisions") Omit ", to the extent that the regulations apply in relation to petroleum titles". 76 Subsection 602C(11) (before the note) Insert: Note 1: Under Schedule 2A to this Act, NOPSEMA inspectors may exercise additional powers, and perform additional functions, for the purpose of monitoring environmental management laws. 77 Subsection 602C(11) (note) After "Note", insert "2". 78 Subsection 602C(11) (note) Omit ", environmental management laws and structural integrity laws". 79 Subsection 602E(1) After "Part", insert "2 or". 80 Paragraph 602E(2)(a) Omit "a petroleum environmental law", substitute "an environmental management law". 81 Paragraph 602E(2)(a) Omit "a petroleum environmental inspection", substitute "an environmental inspection". 82 Subsection 602E(3) Omit "a petroleum environmental inspection", substitute "an environmental inspection". 83 Paragraph 602F(3)(c) Omit "a petroleum environmental law", substitute "an environmental management law". 84 Subsection 602G(3) (paragraph (b) of the definition of responsible person) After "a petroleum title", insert "or greenhouse gas title". 85 Section 602J (heading) Repeal the heading, substitute: 602J Environmental management laws—additional powers 86 Section 602J Omit "the petroleum environmental laws", substitute "environmental management laws (within the meaning of that Schedule)". 87 Subsection 602K(8) (definition of greenhouse gas title) Repeal the definition, substitute: greenhouse gas title: see section 600. 88 Subsection 602K(8) (paragraph (b) of the definition of inspection) Omit "a petroleum environmental inspection", substitute "an environmental inspection". 89 Subsection 602K(8) (definition of offshore premises) Repeal the definition, substitute: offshore premises has the same meaning as in Schedule 2A. 90 Subsection 602K(8) (paragraph (b) of the definition of titleholder's obligations) Omit "a petroleum environmental inspection", substitute "an environmental inspection". 91 Subsection 602K(8) (paragraph (b) of the definition of titleholder's obligations) Omit "a petroleum environmental law", substitute "an environmental management law". 92 Subsection 602K(8) (subparagraph (c)(ii) of the definition of titleholder's obligations) Omit ", to the extent that the Part relates to petroleum titles". 93 Section 602L (paragraph (a) of the note) Omit "petroleum environmental laws", substitute "environmental management laws". 94 Division 2 of Part 6.5 (heading) Repeal the heading. 95 Sections 605 to 608 Repeal the sections. 96 Subsection 611B(2) (table item 2, column headed "is an authorised applicant in relation to the following civil penalty provisions in this Act (to the extent indicated) …", after paragraph (b)) Insert: (ba) subsection 452A(9); 97 Subsection 611B(2) (table item 3, column headed "is an authorised applicant in relation to the following civil penalty provisions in this Act (to the extent indicated) …", after paragraph (d)) Insert: (da) subsection 452A(9); 98 After paragraph 611E(1)(c) Insert: (ca) subsection 452A(7); 99 Subsection 611E(2) (table item 1, column headed "is an infringement officer in relation to the following provisions in this Act …", after paragraph (a)) Insert: (aa) subsection 452A(7); 100 Subsection 611E(2) (table item 2, column headed "is an infringement officer in relation to the following provisions in this Act …", after paragraph (c)) Insert: (ca) subsection 452A(7); 101 Subsection 611E(2) (table item 3, column headed "is an infringement officer in relation to the following provisions in this Act …", after paragraph (c)) Insert: (ca) subsection 452A(7); 102 Subsection 611J(2) (table item 3, column headed "is an authorised person in relation to the following provisions in this Act (to the extent indicated) ...", after paragraph (b)) Insert: (ba) subsections 452A(2), (3), (4) and (5); 103 Subsection 611J(2) (table item 3, column headed "is an authorised person in relation to the following provisions in this Act (to the extent indicated) ...", paragraph (v)) After "(2)", insert ", (2A)". 104 Subsection 611J(2) (table item 4, column headed "is an authorised person in relation to the following provisions in this Act (to the extent indicated) ...", after paragraph (d)) Insert: (da) subsections 452A(2), (3), (4) and (5); 105 Section 612 Omit: • The responsible Commonwealth Minister may prohibit certain vessels from entering or being present in an area (called a greenhouse gas safety zone) surrounding a greenhouse gas well, a structure, or an item of equipment, in an offshore area. substitute: • NOPSEMA may prohibit certain vessels from entering or being present in an area (called a greenhouse gas safety zone) surrounding a greenhouse gas well, a structure, or an item of equipment, in an offshore area. 106 Section 614 (paragraph (d) of the definition of exempt vessel) Omit "the responsible Commonwealth Minister", substitute "NOPSEMA". 107 Paragraph 615(1)(e) Omit "or (3)". 108 Subsection 615(3) Repeal the subsection. 109 Subsection 615(4) Omit "or (3)". 110 Subsection 617(1) Omit "the responsible Commonwealth Minister" (wherever occurring), substitute "NOPSEMA". 111 Section 643 (definition of environmental management law) Repeal the definition. 112 Subsections 646A(5), (6) and (7) Repeal the subsections, substitute: Limits on greenhouse gas storage functions (5) Section 646 does not authorise NOPSEMA to perform a function that is: (a) mentioned in a State greenhouse gas storage functions provision; and (b) conferred by or under a particular State PSLA or the Territory PSLA; unless: (c) the functions mentioned in paragraph 646(b), to the extent to which it relates to occupational health and safety matters in connection with offshore greenhouse gas storage operations, are conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be; and (d) the functions mentioned in paragraph 646(gb), to the extent to which it relates to structural integrity in connection with: (i) the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or (ii) the injection of a greenhouse gas substance into the seabed or subsoil; or (iii) the permanent storage of a greenhouse gas substance in the seabed or subsoil; or (iv) the compression, processing, offloading, piped conveyance or pre‑injection storage of a greenhouse gas substance; or (v) the monitoring of a greenhouse gas substance stored in the seabed or subsoil; are conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be; and (e) there are provisions of the State PSLA or Territory PSLA, as the case may be, that substantially correspond to Schedule 3 to this Act as in force: (i) at the commencement of this subsection; or (ii) at any later time; and (f) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the greenhouse gas storage provisions of the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 as in force: (i) at the commencement of this subsection; or (ii) at any later time; and (g) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the greenhouse gas storage provisions of Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 as in force: (i) at the commencement of this subsection; or (ii) at any later time; and (h) if the function mentioned in paragraph 646(gj) is conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be—there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the greenhouse gas storage provisions of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 as in force: (i) at the commencement of this subsection; or (ii) at any later time. Note 1: For State greenhouse gas storage functions provision, see subsection (6). Note 2: For greenhouse gas storage provisions, see subsection (8). (6) For the purposes of this section, State greenhouse gas storage functions provision means: (a) paragraph 646(b), to the extent to which it relates to occupational health and safety matters in connection with offshore greenhouse gas storage operations; or (b) paragraph 646(gb), to the extent to which it relates to structural integrity in connection with: (i) the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or (ii) the injection of a greenhouse gas substance into the seabed or subsoil; or (iii) the permanent storage of a greenhouse gas substance in the seabed or subsoil; or (iv) the compression, processing, offloading, piped conveyance or pre‑injection storage of a greenhouse gas substance; or (v) the monitoring of a greenhouse gas substance stored in the seabed or subsoil; or (c) paragraph 646(gj). 113 Paragraph 695U(1)(b) Omit "Act.", substitute "Act; or". 114 After paragraph 695U(1)(b) Insert: (c) the exercise of a power, or the performance of a function, under the Regulatory Powers Act so far as it applies in relation to a provision of this Act; or (d) the administration of the Regulatory Powers Act so far as it applies in relation to a provision of this Act. 115 Subsection 695U(4) Omit "information or a thing", substitute "information, or a thing,". 116 After subsection 695U(4) Insert: Part does not apply in relation to Part 8.3 (4A) This Part does not apply to: (a) offshore information, or a thing, covered by Part 8.3; or (b) a legislative instrument made for the purposes of that Part. 117 Subsection 695U(6) Repeal the subsection, substitute: Part does not apply in relation to certain offshore greenhouse gas storage operations (6) This Part does not apply to the extent that offshore information: (a) relates to offshore greenhouse gas storage operations (within the meaning of Part 6.9); and (b) is personal information (within the meaning of the Privacy Act 1988); and (c) was obtained before the commencement of this subsection. 118 Section 722 Omit: • The Titles Administrator or a greenhouse gas project inspector may obtain information or documents. substitute: • The Titles Administrator or a NOPSEMA inspector may obtain information or documents. 119 Section 725 (heading) Repeal the heading, substitute: 725 Titles Administrator or NOPSEMA inspector may obtain information and documents 120 Paragraph 725(1)(b) Repeal the paragraph, substitute: (b) a NOPSEMA inspector; 121 Subsection 725(2) Omit "greenhouse gas project inspector" (wherever occurring), substitute "NOPSEMA inspector". 122 Section 727 Omit "greenhouse gas project inspector" (wherever occurring), substitute "NOPSEMA inspector". 123 Section 729 Omit "greenhouse gas project inspector", substitute "NOPSEMA inspector". 124 Section 730 (heading) Repeal the heading, substitute: 730 Titles Administrator or NOPSEMA inspector may retain documents 125 Subsections 730(1), (2) and (4) Omit "greenhouse gas project inspector", substitute "NOPSEMA inspector". 126 Paragraph 731(a) Omit "greenhouse gas project inspector", substitute "NOPSEMA inspector". 127 Paragraph 732(b) Omit "greenhouse gas project inspector", substitute "NOPSEMA inspector". 128 Subsection 733A(1) Omit "greenhouse gas project inspector as to the exercise of the greenhouse gas project inspector's", substitute "NOPSEMA inspector as to the exercise of the NOPSEMA inspector's". 129 Subsection 733A(2) Omit "greenhouse gas project inspector", substitute "NOPSEMA inspector". 130 Paragraph 768(1)(h) Repeal the paragraph. 142 Schedule 2A (heading) Repeal the heading (including the note), substitute: Schedule 2A—Environmental management laws: additional NOPSEMA inspection powers Note: See section 602J. 143 Clause 1 of Schedule 2A Repeal the clause, substitute: 1 Simplified outline of this Schedule • This Schedule covers those provisions of this Act (called environmental management laws) that concern offshore petroleum and greenhouse gas storage environmental management in Commonwealth waters. • NOPSEMA inspectors may conduct an inspection (called an environmental inspection) to monitor compliance with environmental management laws. • A NOPSEMA inspector must prepare a report about an inspection and give the report to NOPSEMA. • The powers that a NOPSEMA inspector may exercise for the purposes of an inspection are in addition to the powers in relation to environmental management laws that the inspector may exercise for the purposes of Division 1 of Part 6.5 of this Act. 144 Clause 2 of Schedule 2A Insert: eligible premises means premises (within the ordinary meaning of that expression), and includes the following: (a) a structure or building; (b) a place that is enclosed; (c) a part of a thing referred to in paragraph (a) or (b). 145 Clause 2 of Schedule 2A (definition of enter) Omit "petroleum". 146 Clause 2 of Schedule 2A Insert: environmental inspection: see clause 3. environmental management law means: (a) the provisions of this Act, to the extent to which the provisions relate to, or empower NOPSEMA to take action in relation to, offshore petroleum environmental management (within the meaning of Part 6.9 of this Act) in relation to Commonwealth waters; or (b) the provisions of this Act, to the extent to which the provisions relate to, or empower NOPSEMA to take action in relation to, offshore greenhouse gas storage environmental management (within the meaning of Part 6.9 of this Act) in relation to Commonwealth waters; and includes: (c) a requirement made under a provision of this Act, to the extent mentioned in paragraph (a); and (d) a requirement made under a provision of this Act, to the extent mentioned in paragraph (b); and (e) section 571 (which deals with financial assurance); and (f) a regulation made for the purposes of subsection 571(3) in relation to compliance with section 571. 147 Clause 2 of Schedule 2A (definition of facility) Repeal the definition, substitute: facility has the meaning given by Schedule 3. 148 Clause 2 of Schedule 2A Insert: greenhouse gas title means: (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease; or (c) a greenhouse gas injection licence; or (d) a greenhouse gas search authority; or (e) a greenhouse gas special authority; or (f) a greenhouse gas research consent. 149 Clause 2 of Schedule 2A (definition of offence against a petroleum environmental law) Repeal the definition. 150 Clause 2 of Schedule 2A Insert: offence against an environmental management law: see clause 14. 151 Clause 2 of Schedule 2A (definition of offshore petroleum premises) Repeal the definition. 152 Clause 2 of Schedule 2A Insert: offshore premises means any of the following, if located in Commonwealth waters: (a) a facility; (b) an infrastructure facility that is (or has been) the subject of an infrastructure licence; (c) a vessel that is or is to be used, or that has been used, to carry out a seismic survey for the following purposes: (i) petroleum exploration; (ii) exploration for potential greenhouse gas storage formations; (iii) exploration for potential greenhouse gas injection sites; (d) any other premises (other than a vessel under the command or charge of a master) that are or are to be used, or that have been used, for the carrying out of an activity in connection with the exercise of a titleholder's rights, or the performance of a titleholder's obligations, under this Act. 153 Clause 2 of Schedule 2A Repeal the following definitions: (a) definition of petroleum environmental inspection; (b) definition of petroleum environmental law. 154 Clause 2 of Schedule 2A (definition of premises) Omit "Act in its application under Division 1 of Part 6.5 of this Act (see section 602F of this Act)", substitute "Act. This definition does not apply to the definition of eligible premises". 155 Clause 2 of Schedule 2A (definition of regulated business premises) Repeal the definition, substitute: regulated business premises means: (a) eligible premises that are: (i) on land; and (ii) occupied by the registered holder of a title; and (iii) used, or proposed to be used, wholly or principally in connection with operations in relation to one or more titles, including that title; or (b) eligible premises that are: (i) on land; and (ii) occupied by a related body corporate of the registered holder of a title; and (iii) used, or proposed to be used, wholly or principally in connection with operations in relation to one or more titles, including that title; or (c) eligible premises that are: (i) on land; and (ii) occupie