Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011 (Cth)

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011 No. 112, 2011 An Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments relating to payments to the States and the Northern Territory Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 2—General amendments Part 1—General amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 2—Amendments relating to registration fees Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 3—Transitional provisions commencing on Royal Assent Part 4—Transitional provisions commencing on Proclamation Schedule 3—Amendments relating to annual fees Part 1—Repeal of the Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006 Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006 Part 2—Consequential amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 3—Application and transitional provisions Schedule 4—Amendments relating to registration fees Part 1—Repeal of the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006 Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006 Part 2—Consequential amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 3—Application and transitional provisions Schedule 5—Technical amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 6—Amendments relating to directions Offshore Petroleum and Greenhouse Gas Storage Act 2006 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011 No. 112, 2011 An Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes [Assented to 14 October 2011] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011. 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 Provision(s) 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. 14 October 2011 2. Schedule 1 The later of: 1 November 2011 (a) 1 July 2011; and (paragraph (b) applies) (b) the first day of the month next following the month in which this Act receives the Royal Assent. 3. Schedule 2, Parts 1 and 2 A single day to be fixed by Proclamation. 1 January 2012 However, if any of the provision(s) do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (see F2011L02622) 4. Schedule 2, Part 3 The day this Act receives the Royal Assent. 14 October 2011 5. Schedule 2, Part 4 At the same time as the provision(s) covered by table item 3. 1 January 2012 6. Schedule 3 At the same time as the provision(s) covered by table item 3. 1 January 2012 7. Schedule 4 The later of: 1 November 2013 (a) the day after the end of the period of 24 months beginning at the commencement of Schedule 1 to this Act; and (see C2013G01631) (b) the 15th day of the month next following the month in which the total of the amounts received by the Commonwealth: (i) under the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006; and (ii) after the commencement of Schedule 1 to this Act; reaches: (iii) $30.6 million; or (iv) if the Minister, by notice in the Gazette, specifies a lesser amount—that lesser amount. The Minister must not specify an amount unless, in the Minister's opinion, the amount represents the total amount of costs and expenses incurred by: (a) the Commonwealth, the National Offshore Petroleum Safety Authority, and the National Offshore Petroleum Safety and Environmental Management Authority, in connection with the expansion of the functions of the National Offshore Petroleum Safety and Environmental Management Authority; and (b) the Commonwealth in connection with the establishment of the National Offshore Petroleum Titles Administrator; before the end of the 6‑month period that began at the commencement of Part 1 of Schedule 2 to this Act. The Minister must announce by notice in the Gazette the day the provision(s) commenced. A notice under this table item is not a legislative instrument. 8. Schedule 5 At the same time as item 8 of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Act 2009 commenced. 9 October 2009 9. Schedule 6 The day after this Act receives the Royal Assent. 15 October 2011 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 Schedule(s) Each Act 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—Amendments relating to payments to the States and the Northern Territory Offshore Petroleum and Greenhouse Gas Storage Act 2006 1 Subparagraph 76(1)(a)(ii) Omit "or". 2 Subparagraph 76(1)(a)(iii) Repeal the subparagraph. 3 Application of amendments The amendments made by this Schedule apply to an amount received by the Commonwealth after the commencement of this item. Schedule 2—General amendments Part 1—General amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 1 Section 4 Omit: • Generally, the administration of this Act in relation to an offshore area of a State is divided between: (a) the Joint Authority for the State (the Joint Authority is constituted by the responsible State Minister and the responsible Commonwealth Minister); and (b) the Designated Authority for the State (the Designated Authority is the responsible State Minister). • Generally, the administration of this Act in relation to the Principal Northern Territory offshore area is divided between: (a) the Joint Authority for that area (the Joint Authority is constituted by the responsible Northern Territory Minister and the responsible Commonwealth Minister); and (b) the Designated Authority for that area (the Designated Authority is the responsible Northern Territory Minister). • The responsible Commonwealth Minister is responsible for the administration of greenhouse gas injection and storage provisions. • The National Offshore Petroleum Safety Authority is responsible for the administration of occupational health and safety provisions. substitute: • Generally, the administration of this Act in relation to an offshore area of a State is the responsibility of the Joint Authority for the State (the Joint Authority is constituted by the responsible State Minister and the responsible Commonwealth Minister). • Generally, the administration of this Act in relation to the Principal Northern Territory offshore area is the responsibility of the Joint Authority for that area (the Joint Authority is constituted by the responsible Northern Territory Minister and the responsible Commonwealth Minister). • The responsible Commonwealth Minister is responsible for the administration of greenhouse gas injection and storage provisions. • The National Offshore Petroleum Safety and Environmental Management Authority is responsible for the administration of: (a) occupational health and safety provisions; and (b) structural integrity provisions; and (c) environmental management provisions. • The National Offshore Petroleum Titles Administrator is responsible for: (a) assisting and advising the Joint Authority and the responsible Commonwealth Minister; and (b) keeping registers of titles; and (c) data and information management. 2 Section 7 (subparagraphs (a)(ii) and (iii) of the definition of approved) Repeal the subparagraphs. 3 Section 7 (paragraph (b) of the definition of approved) Omit "Designated Authority", substitute "Titles Administrator". 4 Section 7 (definition of approved) Omit "to the expression approved site plan.", substitute: to: (c) the expression approved site plan; or (d) section 286A; or (e) section 650; or (f) subsection 695B(3); or (g) section 695F; or (h) section 774. 5 Section 7 Insert: constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. 6 Section 7 (definition of Designated Authority) Repeal the definition, substitute: Designated Authority: (a) means a person who, at any time before the commencement of Part 6.10, was a Designated Authority (within the meaning of this Act); and (b) when used in the expression the Designated Authority, means a person who, at any time before the commencement of Part 6.10, was the Designated Authority (within the meaning of this Act) for the offshore area concerned. 7 Section 7 (definition of non‑OHS structural integrity) Repeal the definition. 8 Section 7 (definition of non‑OHS structural integrity law) Repeal the definition. 9 Section 7 Insert: NOPSEMA means the National Offshore Petroleum Safety and Environmental Management Authority. 10 Section 7 (definition of referable title) Repeal the definition. 11 Section 7 Insert: Regulatory Levies Act means the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003. 12 Section 7 (paragraph (a) of the definition of responsible Northern Territory Minister) Omit "to perform the functions of a Designated Authority", substitute "to perform the functions, and exercise the powers, of a member of the Joint Authority for the Northern Territory". 13 Section 7 (paragraph (a) of the definition of responsible State Minister) Omit "to perform the functions of a Designated Authority", substitute "to perform the functions, and exercise the powers, of a member of the Joint Authority for the State". 14 Section 7 (definition of Safety Authority) Repeal the definition. 15 Section 7 Insert: Secretary means the Secretary of the Department. 16 Section 7 (paragraph (e) of the definition of structural integrity) Repeal the paragraph, substitute: (e) mechanical integrity; (f) systems integrity; in connection with: (g) the containment of: (i) petroleum; or (ii) a greenhouse gas substance; or (iii) any other substance; or (h) the health and safety of persons engaged in: (i) offshore petroleum operations (within the meaning of Part 6.9); or (ii) offshore greenhouse gas operations (within the meaning of Part 6.9). For the purposes of paragraph (f), systems integrity includes the integrity of the following: (i) electrical systems; (j) electronic systems; (k) hydraulic systems; (l) chemical systems; (m) dynamic positioning systems; (n) other systems. 17 Section 7 (definition of structural integrity law) Omit "the regulations to the extent to which they", insert "the provisions of this Act or the regulations to the extent to which the provisions". 18 Section 7 (paragraph (d) of the definition of title) Repeal the paragraph. 19 Section 7 (after paragraph (h) of the definition of title) Insert: (ha) when used in section 574A—has the meaning given by subsection 574A(1); or 20 Section 7 (at the end of the definition of title area) Add: ; or (d) when used in section 586A—has the meaning given by subsection 586A(7). 21 Section 7 Insert: Titles Administrator means the National Offshore Petroleum Titles Administrator. 22 Subsection 16(1) Omit "Designated Authority", substitute "Titles Administrator". 23 Section 30 Omit all the words after "responsible Commonwealth" (second occurring), substitute "Minister in his or her capacity as, or as a member of, the Joint Authority for an offshore area.". 24 Subsection 44(1) (heading to table column headed "The Designated Authority may issue an instrument varying...") Omit "Designated Authority", substitute "Titles Administrator". 25 Subsection 45(1) Omit "Designated Authority", substitute "Titles Administrator". 26 Part 1.3 (heading) Repeal the heading, substitute: Part 1.3—Joint Authorities 27 Subsection 61(1) Omit "Designated Authority", substitute "Titles Administrator". 28 Subsection 61(1) Omit "the Joint Authority for a State or the Northern Territory", substitute "a Joint Authority". 29 Subsection 61(2) After "subsection (1)", insert "in relation to the Joint Authority for a State or the Northern Territory". 30 After subsection 61(2) Insert: (2A) A record kept under subsection (1) in relation to the Joint Authority for: (a) the Eastern Greater Sunrise Offshore area; or (b) an external Territory; is prima facie evidence that the decision was duly made as recorded if the record is signed by a person who was the Joint Authority at the time when the decision was made. 31 Subsection 62(1) Omit "Designated Authority", substitute "Titles Administrator". 32 Subsection 62(1) Omit "the Joint Authority for a State or the Northern Territory", substitute "a Joint Authority". 33 Section 63 Omit "the Joint Authority for a State or the Northern Territory", substitute "a Joint Authority". 34 Section 63 Omit "Designated Authority", substitute "Titles Administrator". 35 Subsection 65(1) Omit "Joint Authority for a State or the Northern Territory", substitute "Joint Authority". 36 Section 65 Omit "Designated Authority" (wherever occurring), substitute "Titles Administrator". 37 Division 2 of Part 1.3 Repeal the Division. 38 Sections 76 and 77 Repeal the sections. 39 Paragraph 103(1)(b) Omit "Designated Authority", substitute "Titles Administrator". 40 Subsection 104(3) (note 3) Omit "Designated Authority", substitute "Titles Administrator". 41 Subsection 110(6) (note 3) Omit "Designated Authority", substitute "Titles Administrator". 42 Subsection 115(4) (note 3) Omit "Designated Authority", substitute "Titles Administrator". 43 Section 119 Omit "Designated Authority" (wherever occurring), substitute "Titles Administrator". 44 Subsection 136(5) Omit "Designated Authority" (wherever occurring), substitute "Titles Administrator". 45 Subsection 136(6) Omit "The Designated Authority", substitute "The Titles Administrator". 46 Subsection 136(7) Omit "Designated Authority", substitute "Titles Administrator". 47 Paragraph 140(1)(b) Omit "Designated Authority", substitute "Titles Administrator". 48 Subsection 141(1) Omit "Designated Authority", substitute "Titles Administrator". 49 Subsection 141(2) (note 3) Omit "Designated Authority", substitute "Titles Administrator". 50 Paragraph 141(3)(b) Omit "Designated Authority", substitute "Titles Administrator". 51 Subsection 141(4) Omit "The Designated Authority", substitute "The Titles Administrator". 52 After section 143 Insert: 143A Time limit for making decision about grant of petroleum retention lease (1) The Joint Authority must make a decision under section 142 or 143, in relation to an application under section 141, within the period that: (a) begins when the application was made; and (b) runs for: (i) if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or (ii) if no such agreement is in force—the prescribed number of days. (2) If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (1) of this section is extended by one day for each day during the period: (a) beginning on the day on which the notice is given; and (b) ending when the applicant gives the Titles Administrator the information. (3) The Joint Authority is not required to comply with subsection (1) unless a number of days is prescribed for the purposes of subparagraph (1)(b)(ii). (4) The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (1)(b)(i). (5) A failure to comply with subsection (1) in relation to a decision does not affect the validity of the decision. Note: See also sections 286B and 286C. 53 Subsection 147(1) Omit "Designated Authority", substitute "Titles Administrator". 54 Subsection 147(2) (note 3) Omit "Designated Authority", substitute "Titles Administrator". 55 After section 149 Insert: 149A Time limit for making decision about grant of petroleum retention lease (1) The Joint Authority must make a decision under section 148 or 149, in relation to an application under section 147, within the period that: (a) begins when the application was made; and (b) runs for: (i) if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or (ii) if no such agreement is in force—the prescribed number of days. (2) If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (1) of this section is extended by one day for each day during the period: (a) beginning on the day on which the notice is given; and (b) ending when the applicant gives the Titles Administrator the information. (3) The Joint Authority is not required to comply with subsection (1) unless a number of days is prescribed for the purposes of subparagraph (1)(b)(ii). (4) The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (1)(b)(i). (5) A failure to comply with subsection (1) in relation to a decision does not affect the validity of the decision. Note: See also sections 286B and 286C. 56 Subsections 153(1) and (3) Omit "Designated Authority", substitute "Titles Administrator". 57 Subsection 153(4) (note 3) Omit "Designated Authority", substitute "Titles Administrator". 58 After section 155 Insert: 155A Time limit for making decision about renewal of petroleum retention lease (1) The Joint Authority must make a decision under section 154 or 155, in relation to an application under section 153, within the period that: (a) begins when the application was made; and (b) runs for: (i) if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or (ii) if no such agreement is in force—the prescribed number of days. (2) If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (1) of this section is extended by one day for each day during the period: (a) beginning on the day on which the notice is given; and (b) ending when the applicant gives the Titles Administrator the information. (3) The Joint Authority is not required to comply with subsection (1) unless a number of days is prescribed for the purposes of subparagraph (1)(b)(ii). (4) The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (1)(b)(i). (5) A failure to comply with subsection (1) in relation to a decision does not affect the validity of the decision. Note: See also sections 286B and 286C. 59 Paragraph 157(1)(b) Omit "Designated Authority", substitute "Titles Administrator". 60 Subsection 157(2) (note) Omit "Designated Authority", substitute "Titles Administrator". 61 Subsection 166(2) (at the end of the note) Add "or 587A". 62 Subsection 166(6) (note) Omit "Designated Authority", substitute "Titles Administrator". 63 Subsections 168(2) and (3) Omit "Designated Authority", substitute "Titles Administrator". 64 Subsection 168(7) (note 3) Omit "Designated Authority", substitute "Titles Administrator". 65 Subsections 169(1) and (2) Omit "Designated Authority", substitute "Titles Administrator". 66 Subsection 170(2) Omit "Designated Authority", substitute "Titles Administrator". 67 Subsection 170(4) (note 3) Omit "Designated Authority", substitute "Titles Administrator". 68 After section 173 Insert: 173A Time limit for making decision about grant of petroleum production licence Scope (1) This section applies if an application for the grant of a petroleum production licence (other than a Greater Sunrise unit reservoir petroleum production licence) has been made under section 168 or 170. Note 1: Section 168 deals with applications by permittees. Note 2: Section 170 deals with applications by lessees. Time limit (2) The Joint Authority must make a decision under section 171 or 173, in relation to the application, within the period that: (a) begins when the application was made; and (b) runs for: (i) if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or (ii) if no such agreement is in force—the prescribed number of days. (3) If: (a) section 174 applies in relation to the application; and (b) the Joint Authority defers taking any action in relation to the application in accordance with that section; the period referred to in subsection (2) of this section is extended by one day for each day during which the deferral continues. (4) If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (2) of this section is extended by one day for each day during the period: (a) beginning on the day on which the notice is given; and (b) ending when the applicant gives the Titles Administrator the information. (5) The Joint Authority is not required to comply with subsection (2) unless a number of days is prescribed for the purposes of subparagraph (2)(b)(ii). (6) The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (2)(b)(i). (7) A failure to comply with subsection (2) in relation to a decision does not affect the validity of the decision. Note: See also sections 286B and 286C. 69 Subsection 178(3) (note 3) Omit "Designated Authority", substitute "Titles Administrator". 70 At the end of section 183 Add: Time limit for making decision (8) The Joint Authority must make a decision under subsection (2) within the period that: (a) begins when the application was made; and (b) runs for: (i) if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or (ii) if no such agreement is in force—the prescribed number of days. (9) The Joint Authority is not required to comply with subsection (8) unless a number of days is prescribed for the purposes of subparagraph (8)(b)(ii). (10) The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (8)(b)(i). (11) A failure to comply with subsection (8) in relation to a decision does not affect the validity of the decision. Note: See also sections 286B and 286C. 71 Subsections 184(2) and (4) Omit "Designated Authority", substitute "Titles Administrator". 72 After section 186 Insert: 186A Time limit for making decision about renewal of fixed‑term petroleum production licence (1) The Joint Authority must make a decision under section 185 or 186, in relation to an application under section 184, within the period that: (a) begins when the application was made; and (b) runs for: (i) if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or (ii) if no such agreement is in force—the prescribed number of days. (2) The Joint Authority is not required to comply with subsection (1) unless a number of days is prescribed for the purposes of subparagraph (1)(b)(ii). (3) The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (1)(b)(i). (4) A failure to comply with subsection (1) in relation to a decision does not affect the validity of the decision. Note: See also sections 286B and 286C. 73 Subparagraph 191(4)(b)(i) Omit "Designated Authority", substitute "Titles Administrator". 74 Subsection 191(8) Omit "Designated Authority" (wherever occurring), substitute "Titles Administrator". 75 Subsection 191(11) Repeal the subsection, substitute: Consultation (11) If a petroleum pool extends, or is reasonably believed by the Titles Administrator to extend, from the offshore area in respect of a State or Territory into lands to which: (a) the laws of that State or Territory relating to exploiting petroleum resources apply; or (b) the laws of another State or Territory relating to exploiting petroleum resources apply; the Titles Administrator must consult about exploiting the petroleum pool with the appropriate authority of a State or Territory referred to in paragraph (a) or (b). Note: The offshore area of a State or Territory is defined by section 8. 76 Subsection 197(2) (at the end of the note) Add "or 587A". 77 Subsection 197(6) (note) Omit "Designated Authority", substitute "Titles Administrator". 78 Subsection 198(1) Omit "Designated Authority", substitute "Titles Administrator". 79 Subsection 198(2) (note 3) Omit "Designated Authority", substitute "Titles Administrator". 80 After section 200 Insert: 200A Time limit for making decision about grant of infrastructure licence (1) The Joint Authority must make a decision under section 199 or 200, in relation to an application under section 198, within the period that: (a) begins when the application was made; and (b) runs for: (i) if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or (ii) if no such agreement is in force—the prescribed number of days. (2) If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (1) of this section is extended by one day for each day during the period: (a) beginning on the day on which the notice is given; and (b) ending when the applicant gives the Titles Administrator the information. (3) The Joint Authority is not required to comply with subsection (1) unless a number of days is prescribed for the purposes of subparagraph (1)(b)(ii). (4) The applicant and the Joint Authority may vary or terminate an agreement referred to in