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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Offshore Petroleum and Greenhouse Gas
Storage (Regulatory Levies) Amendment
Bill 2019
No. , 2019
(Industry, Innovation and Science)
A Bill for an Act to amend the Offshore Petroleum
and Greenhouse Gas Storage (Regulatory Levies) Act
2003, and for related purposes
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Well activity levy
4
Part 1--Amendments commencing on the day after Royal
Assent
4
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Act 2003
4
Part 2--Amendments commencing on a day to be fixed by
Proclamation
6
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Act 2003
6
Schedule 2--Greenhouse gas storage
8
Part 1--Well investigation levy
8
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Act 2003
8
Part 2--Annual well levy
12
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Act 2003
12
Part 3--Well activity levy
17
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Act 2003
17
Schedule 3--Investigations
20
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Act 2003
20
Schedule 4--Abandoned wells
22
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Act 2003
22
Schedule 5--Removal of spent provisions
24
ii
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Act 2003
24
Schedule 6--Regulations references
25
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Act 2003
25
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
1
A Bill for an Act to amend the Offshore Petroleum
1
and Greenhouse Gas Storage (Regulatory Levies) Act
2
2003, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Offshore Petroleum and Greenhouse Gas Storage
6
(Regulatory Levies) Amendment Act 2019.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
No. , 2019
1
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.
2. Schedule 1,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 2
A single day to be fixed by Proclamation.
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.
4. Schedule 2
At the same time as Schedule 1 to the
Offshore Petroleum and Greenhouse Gas
Storage Amendment (Miscellaneous
Amendments) Act 2019 commences.
5. Schedule 3
A single day to be fixed by Proclamation.
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.
6. Schedules 4
and 5
The day after this Act receives the Royal
Assent.
7. Schedule 6
Immediately after the commencement of the
provisions covered by table item 3.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
3
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Well activity levy
Part 1 Amendments commencing on the day after Royal Assent
4
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
No. , 2019
Schedule 1--Well activity levy
1
Part 1--Amendments commencing on the day after
2
Royal Assent
3
Offshore Petroleum and Greenhouse Gas Storage
4
(Regulatory Levies) Act 2003
5
1 Paragraph 10C(1)(a)
6
Repeal the paragraph, substitute:
7
(a) a person makes an application to NOPSEMA, under Part 5 of
8
the Offshore Petroleum and Greenhouse Gas Storage
9
(Resource Management and Administration)
10
Regulations 2011, for acceptance of a well operations
11
management plan; and
12
2 Subsection 10C(5)
13
Repeal the subsection.
14
3 Paragraph 10D(1)(a)
15
Omit "either", substitute "any of the following subparagraphs applies".
16
4 Subparagraph 10D(1)(a)(i)
17
Omit "or" (last occurring).
18
5 Subparagraph 10D(1)(a)(ii)
19
Omit "Part 5 of the Offshore Petroleum and Greenhouse Gas Storage
20
(Resource Management and Administration) Regulations 2011",
21
substitute "Part 5 of the old Resource Management and Administration
22
Regulations".
23
6 Subparagraph 10D(1)(a)(ii)
24
Omit "and" (last occurring).
25
7 At the end of paragraph 10D(1)(a)
26
Add:
27
Well activity levy Schedule 1
Amendments commencing on the day after Royal Assent Part 1
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
5
(iii) a person makes an application to NOPSEMA, under the
1
regulations of a State or Territory that substantially
2
correspond to Part 5 of the old Resource Management
3
and Administration Regulations, for acceptance of a
4
well operations management plan; and
5
8 Paragraph 10D(5)(a)
6
Omit "Part 5 of the Offshore Petroleum and Greenhouse Gas Storage
7
(Resource Management and Administration) Regulations 2011",
8
substitute "Part 5 of the old Resource Management and Administration
9
Regulations".
10
9 Subsection 10D(6)
11
Insert:
12
old Resource Management and Administration Regulations
13
means the Offshore Petroleum and Greenhouse Gas Storage
14
(Resource Management and Administration) Regulations 2011, as
15
in force before the commencement of the Offshore Petroleum and
16
Greenhouse Gas Storage Legislation Amendment (Well
17
Operations) Regulation 2015.
18
10 Application of amendments
19
(1)
The amendments of section 10C of the Offshore Petroleum and
20
Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this
21
Schedule apply in relation to an application made to NOPSEMA after
22
the commencement of this item.
23
(2)
The amendments of section 10D of the Offshore Petroleum and
24
Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this
25
Part, so far as they relate to an application made to NOPSEMA, apply
26
in relation to an application made to NOPSEMA after the
27
commencement of this item.
28
Schedule 1 Well activity levy
Part 2 Amendments commencing on a day to be fixed by Proclamation
6
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
No. , 2019
Part 2--Amendments commencing on a day to be
1
fixed by Proclamation
2
Offshore Petroleum and Greenhouse Gas Storage
3
(Regulatory Levies) Act 2003
4
11 Paragraph 10C(1)(a)
5
Repeal the paragraph, substitute:
6
(a) either:
7
(i) a person makes an application to NOPSEMA, under
8
Part 5 of the Offshore Petroleum and Greenhouse Gas
9
Storage (Resource Management and Administration)
10
Regulations 2011, for acceptance of a well operations
11
management plan; or
12
(ii) a person submits to NOPSEMA, under regulation 5.13
13
of the Offshore Petroleum and Greenhouse Gas Storage
14
(Resource Management and Administration)
15
Regulations 2011, a proposed revision of a well
16
operations management plan; and
17
12 At the end of subsection 10C(1)
18
Add "or submission".
19
13 Subsection 10C(4)
20
After "application", insert "or submission".
21
14 Subparagraph 10D(1)(a)(iii)
22
Omit "and" (last occurring).
23
15 At the end of paragraph 10D(1)(a)
24
Add:
25
(iv) a person submits to NOPSEMA, under a regulation of a
26
State or Territory that substantially corresponds to
27
regulation 5.13 of the Offshore Petroleum and
28
Greenhouse Gas Storage (Resource Management and
29
Well activity levy Schedule 1
Amendments commencing on a day to be fixed by Proclamation Part 2
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
7
Administration) Regulations 2011, a proposed revision
1
of a well operations management plan; and
2
16 At the end of subsection 10D(1)
3
Add "or submission".
4
17 Subsection 10D(4)
5
After "application", insert "or submission".
6
18 Application of amendments
7
(1)
The amendments of section 10C of the Offshore Petroleum and
8
Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this
9
Part, so far as they relate to an application to NOPSEMA, apply in
10
relation to an application made to NOPSEMA after the commencement
11
of this item.
12
(2)
The amendments of sections 10C and 10D of the Offshore Petroleum
13
and Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by
14
this Part, so far as they relate to a submission to NOPSEMA of a
15
proposed revision of a well operations management plan, apply in
16
relation to a submission made to NOPSEMA after the commencement
17
of this item.
18
Schedule 2 Greenhouse gas storage
Part 1 Well investigation levy
8
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
No. , 2019
Schedule 2--Greenhouse gas storage
1
Part 1--Well investigation levy
2
Offshore Petroleum and Greenhouse Gas Storage
3
(Regulatory Levies) Act 2003
4
1 Section 9 (heading)
5
Repeal the heading, substitute:
6
9 Imposition of well investigation levy--Commonwealth titles
7
2 Subparagraphs 9(1)(a)(i) and (ii)
8
Omit "a petroleum title", substitute "an eligible title".
9
3 Paragraph 9(1)(b)
10
After "(2)", insert "or 13B(1) or (2)".
11
4 Subsection 9(1) (note)
12
After "Note", insert "1".
13
5 At the end of subsection 9(1)
14
Add:
15
Note 2:
Clause 13B of Schedule 3 to the Offshore Petroleum and Greenhouse
16
Gas Storage Act 2006 deals with the duties of greenhouse gas
17
titleholders in relation to wells.
18
6 Subsection 9(5)
19
Insert:
20
eligible title means:
21
(a) a petroleum title; or
22
(b) a greenhouse gas title.
23
greenhouse gas title has the same meaning as in Schedule 3 to the
24
Offshore Petroleum and Greenhouse Gas Storage Act 2006.
25
Greenhouse gas storage Schedule 2
Well investigation levy Part 1
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
9
7 Subsection 9(5) (definition of registered holder)
1
Omit "a petroleum title", substitute "an eligible title".
2
8 Subsection 9(5) (definition of title area)
3
Repeal the definition, substitute:
4
title area:
5
(a) in relation to a petroleum title--has the same meaning as in
6
clause 13A of Schedule 3 to the Offshore Petroleum and
7
Greenhouse Gas Storage Act 2006; or
8
(b) in relation to a greenhouse gas title--has the same meaning
9
as in clause 13B of Schedule 3 to the Offshore Petroleum and
10
Greenhouse Gas Storage Act 2006.
11
9 Section 10 (heading)
12
Repeal the heading, substitute:
13
10 Imposition of well investigation levy--State/Territory titles
14
10 Subparagraph 10(1)(a)(i)
15
Omit "petroleum".
16
11 Subparagraph 10(1)(a)(ii)
17
Omit "petroleum", substitute "State/Territory".
18
12 Paragraph 10(1)(b)
19
After "(2)", insert "or 13B(1) or (2)".
20
13 Subsection 10(1) (note)
21
After "Note", insert "1".
22
14 At the end of subsection 10(1)
23
Add:
24
Note 2:
Clause 13B of Schedule 3 to the Offshore Petroleum and Greenhouse
25
Gas Storage Act 2006 deals with the duties of greenhouse gas
26
titleholders in relation to wells.
27
Schedule 2 Greenhouse gas storage
Part 1 Well investigation levy
10
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
No. , 2019
15 Subsection 10(5)
1
Insert:
2
Commonwealth greenhouse gas title means a greenhouse gas title
3
within the meaning of Schedule 3 to the Offshore Petroleum and
4
Greenhouse Gas Storage Act 2006.
5
16 Subsection 10(5) (definition of registered holder)
6
Omit "petroleum".
7
17 Subsection 10(5)
8
Insert:
9
State/Territory greenhouse gas title means an instrument under a
10
State PSLA or Territory PSLA that confers, in relation to the
11
designated coastal waters of a State or Territory, some or all of the
12
rights that a Commonwealth greenhouse gas title confers in
13
relation to the offshore area of the State or Territory.
14
State/Territory title means:
15
(a) a State/Territory petroleum title; or
16
(b) a State/Territory greenhouse gas title.
17
18 Subsection 10(5) (definition of title area)
18
Repeal the definition, substitute:
19
title area:
20
(a) in relation to a State/Territory petroleum title--has the same
21
meaning as in the provisions of the relevant State PSLA or
22
Territory PSLA that substantially correspond to clause 13A
23
of Schedule 3 to the Offshore Petroleum and Greenhouse
24
Gas Storage Act 2006; or
25
(b) in relation to a State/Territory greenhouse gas title--has the
26
same meaning as in the provisions of the relevant State PSLA
27
or Territory PSLA that substantially correspond to
28
clause 13B of Schedule 3 to the Offshore Petroleum and
29
Greenhouse Gas Storage Act 2006.
30
Greenhouse gas storage Schedule 2
Well investigation levy Part 1
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
11
19 Application of amendments
1
The amendments of sections 9 and 10 of the Offshore Petroleum and
2
Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this
3
Part apply in relation to an investigation that starts to be conducted by a
4
NOPSEMA inspector after the commencement of this item.
5
Schedule 2 Greenhouse gas storage
Part 2 Annual well levy
12
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
No. , 2019
Part 2--Annual well levy
1
Offshore Petroleum and Greenhouse Gas Storage
2
(Regulatory Levies) Act 2003
3
20 Section 10A (heading)
4
Repeal the heading, substitute:
5
10A Imposition of annual well levy--Commonwealth titles
6
21 Subsection 10A(1)
7
Omit "a petroleum title", substitute "an eligible title".
8
22 Subsection 10A(3)
9
Omit "petroleum title", substitute "eligible title".
10
23 Paragraph 10A(5)(a)
11
Omit "a petroleum title", substitute "an eligible title".
12
24 Subparagraph 10A(5)(b)(ii)
13
Omit "a petroleum title", substitute "an eligible title".
14
25 Paragraph 10A(6)(a)
15
Omit "a petroleum title", substitute "an eligible title".
16
26 Subparagraph 10A(6)(b)(ii)
17
Omit "a petroleum title", substitute "an eligible title".
18
27 Subsection 10A(8)
19
Insert:
20
eligible title means:
21
(a) a petroleum title; or
22
(b) a greenhouse gas title.
23
Greenhouse gas storage Schedule 2
Annual well levy Part 2
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
13
greenhouse gas title has the same meaning as in Schedule 3 to the
1
Offshore Petroleum and Greenhouse Gas Storage Act 2006.
2
28 Subsection 10A(8) (definition of registered holder)
3
Omit "a petroleum title", substitute "an eligible title".
4
29 Subsection 10A(8) (definition of title area)
5
Repeal the definition, substitute:
6
title area:
7
(a) in relation to a petroleum title--has the same meaning as in
8
clause 13A of Schedule 3 to the Offshore Petroleum and
9
Greenhouse Gas Storage Act 2006; or
10
(b) in relation to a greenhouse gas title--has the same meaning
11
as in clause 13B of Schedule 3 to the Offshore Petroleum and
12
Greenhouse Gas Storage Act 2006.
13
30 Section 10B (heading)
14
Repeal the heading, substitute:
15
10B Imposition of annual well levy--State/Territory titles
16
31 Paragraphs 10B(1)(a) and (b)
17
Omit "petroleum".
18
32 Subsection 10B(3)
19
Omit "petroleum".
20
33 Paragraph 10B(5)(a)
21
Omit "petroleum".
22
34 Subparagraph 10B(5)(b)(ii)
23
Omit "petroleum".
24
35 Paragraph 10B(6)(a)
25
Omit "petroleum".
26
Schedule 2 Greenhouse gas storage
Part 2 Annual well levy
14
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
No. , 2019
36 Subparagraph 10B(6)(b)(ii)
1
Omit "petroleum".
2
37 Subsection 10B(8)
3
Insert:
4
Commonwealth greenhouse gas title means a greenhouse gas title
5
within the meaning of Schedule 3 to the Offshore Petroleum and
6
Greenhouse Gas Storage Act 2006.
7
38 Subsection 10B(8) (definition of registered holder)
8
Omit "petroleum".
9
39 Subsection 10B(8)
10
Insert:
11
State/Territory greenhouse gas title means an instrument under a
12
State PSLA or Territory PSLA that confers, in relation to the
13
designated coastal waters of a State or Territory, some or all of the
14
rights that a Commonwealth greenhouse gas title confers in
15
relation to the offshore area of the State or Territory.
16
State/Territory title means:
17
(a) a State/Territory petroleum title; or
18
(b) a State/Territory greenhouse gas title.
19
40 Subsection 10B(8) (definition of title area)
20
Repeal the definition, substitute:
21
title area:
22
(a) in relation to a State/Territory petroleum title--has the same
23
meaning as in the provisions of the relevant State PSLA or
24
Territory PSLA that substantially correspond to clause 13A
25
of Schedule 3 to the Offshore Petroleum and Greenhouse
26
Gas Storage Act 2006; or
27
(b) in relation to a State/Territory greenhouse gas title--has the
28
same meaning as in the provisions of the relevant State PSLA
29
or Territory PSLA that substantially correspond to
30
clause 13B of Schedule 3 to the Offshore Petroleum and
31
Greenhouse Gas Storage Act 2006.
32
Greenhouse gas storage Schedule 2
Annual well levy Part 2
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
15
41 Application of amendments
1
Commonwealth greenhouse gas titles
2
(1)
The amendments of section 10A of the Offshore Petroleum and
3
Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this
4
Part, so far as they concern an eligible well in relation to a greenhouse
5
gas title for a year, apply in relation to an eligible well in relation to a
6
greenhouse gas title for a year that began at or after the commencement
7
of this item.
8
(2)
For the purposes of the application of:
9
(a) subitem (1); and
10
(b) section 10A of the Offshore Petroleum and Greenhouse Gas
11
Storage (Regulatory Levies) Act 2003 (as amended by this
12
Part);
13
to a well that is or was drilled under the authority of a greenhouse gas
14
title, if this item does not commence on a 1 January, the period:
15
(c) beginning at the commencement of this item; and
16
(d) ending at the end of 31 December next following that
17
commencement;
18
is taken to be a year.
19
State/Territory greenhouse gas titles
20
(3)
The amendments of section 10B of the Offshore Petroleum and
21
Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this
22
Part, so far as they concern an eligible well in relation to a
23
State/Territory greenhouse gas title for a year, apply in relation to an
24
eligible well in relation to a State/Territory greenhouse gas title for a
25
year that began at or after the commencement of this item.
26
(4)
For the purposes of the application of:
27
(a) subitem (3); and
28
(b) section 10B of the Offshore Petroleum and Greenhouse Gas
29
Storage (Regulatory Levies) Act 2003 (as amended by this
30
Part);
31
to a well that is or was drilled under the authority of a State/Territory
32
greenhouse gas title, if this item does not commence on a 1 January, the
33
period:
34
Schedule 2 Greenhouse gas storage
Part 2 Annual well levy
16
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
No. , 2019
(c) beginning at the commencement of this item; and
1
(d) ending at the end of 31 December next following that
2
commencement;
3
is taken to be a year.
4
Commonwealth petroleum titles
5
(5)
The amendments of section 10A of the Offshore Petroleum and
6
Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this
7
Part, so far as they concern an eligible well in relation to a petroleum
8
title for a year, apply in relation to an eligible well in relation to a
9
petroleum title for a year that began at or after the commencement of
10
this item.
11
State/Territory petroleum titles
12
(6)
The amendments of section 10B of the Offshore Petroleum and
13
Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this
14
Part, so far as they concern an eligible well in relation to a
15
State/Territory petroleum title for a year, apply in relation to an eligible
16
well in relation to a State/Territory petroleum title for a year that began
17
at or after the commencement of this item.
18
Greenhouse gas storage Schedule 2
Well activity levy Part 3
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
17
Part 3--Well activity levy
1
Offshore Petroleum and Greenhouse Gas Storage
2
(Regulatory Levies) Act 2003
3
42 Section 3
4
Insert:
5
greenhouse gas assessment permit has the same meaning as in the
6
Offshore Petroleum and Greenhouse Gas Storage Act 2006.
7
43 Section 10C (heading)
8
Repeal the heading, substitute:
9
10C Imposition of well activity levy--Commonwealth titles
10
44 Paragraph 10C(1)(b)
11
Omit "a petroleum title", substitute "an eligible title".
12
45 Subsection 10C(6)
13
Insert:
14
eligible title means:
15
(a) a petroleum title; or
16
(b) a greenhouse gas title.
17
greenhouse gas title means:
18
(a) a greenhouse gas assessment permit; or
19
(b) a greenhouse gas holding lease; or
20
(c) a greenhouse gas injection licence.
21
46 Subsection 10C(6) (definition of registered holder)
22
Omit "a petroleum title", substitute "an eligible title".
23
47 Section 10D (heading)
24
Repeal the heading, substitute:
25
Schedule 2 Greenhouse gas storage
Part 3 Well activity levy
18
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
No. , 2019
10D Imposition of well activity levy--State/Territory titles
1
48 Paragraph 10D(1)(b)
2
Omit "petroleum".
3
49 Subparagraph 10D(5)(c)(ii)
4
Omit "petroleum".
5
50 Subsection 10D(6)
6
Insert:
7
Commonwealth greenhouse gas title means:
8
(a) a greenhouse gas assessment permit; or
9
(b) a greenhouse gas holding lease; or
10
(c) a greenhouse gas injection licence.
11
51 Subsection 10D(6) (definition of registered holder)
12
Omit "petroleum".
13
52 Subsection 10D(6)
14
Insert:
15
State/Territory greenhouse gas title means an instrument under a
16
State PSLA or Territory PSLA that confers, in relation to the
17
designated coastal waters of a State or Territory, some or all of the
18
rights that a Commonwealth greenhouse gas title confers in
19
relation to the offshore area of the State or Territory.
20
State/Territory title means:
21
(a) a State/Territory petroleum title; or
22
(b) a State/Territory greenhouse gas title.
23
53 Subsection 10F(7) (definition of greenhouse gas
24
assessment permit)
25
Repeal the definition.
26
Greenhouse gas storage Schedule 2
Well activity levy Part 3
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
19
54 Application of amendments
1
(1)
The amendments of sections 10C and 10D of the Offshore Petroleum
2
and Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by
3
this Part, so far as they relate to an application made to NOPSEMA,
4
apply in relation to an application made to NOPSEMA after the
5
commencement of this item.
6
(2)
The amendments of sections 10C and 10D of the Offshore Petroleum
7
and Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by
8
this Part, so far as they relate to a submission to NOPSEMA of a
9
proposed revision of a well operations management plan, apply in
10
relation to a submission made to NOPSEMA after the commencement
11
of this item.
12
Schedule 3 Investigations
20
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
No. , 2019
Schedule 3--Investigations
1
2
Offshore Petroleum and Greenhouse Gas Storage
3
(Regulatory Levies) Act 2003
4
1 Section 3
5
Insert:
6
compliance investigation means an investigation under Part 3 of
7
the Regulatory Powers (Standard Provisions) Act 2014, in its
8
application under Division 1 of Part 6.5 of the Offshore Petroleum
9
and Greenhouse Gas Storage Act 2006.
10
2 Paragraph 5(1)(b)
11
Omit "an inspection", substitute "a compliance investigation".
12
3 Subsection 5(8) (definition of inspection)
13
Repeal the definition.
14
4 Paragraph 9(1)(b)
15
Omit "an inspection concerning", substitute "a compliance investigation
16
relating to".
17
5 Paragraphs 9(1)(d) and (e)
18
Omit "inspection", substitute "compliance investigation".
19
6 Subsection 9(1)
20
Omit "on the inspection", substitute "on the compliance investigation".
21
7 Paragraph 9(1)(g)
22
Omit "inspection", substitute "compliance investigation".
23
8 Subsection 9(4)
24
Omit "an inspection", substitute "a compliance investigation".
25
9 Subsection 9(5) (definition of conduct)
26
Omit "an inspection", substitute "a compliance investigation".
27
Investigations Schedule 3
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
21
10 Subsection 9(5) (definition of conduct)
1
Omit "the inspection", substitute "the compliance investigation".
2
11 Subsection 9(5) (definition of inspection)
3
Repeal the definition.
4
12 Application of amendments
5
The amendments of sections 5 and 9 of the Offshore Petroleum and
6
Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this
7
Schedule apply in relation to a compliance investigation that began to
8
be conducted after the commencement of this item.
9
Schedule 4 Abandoned wells
22
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
No. , 2019
Schedule 4--Abandoned wells
1
2
Offshore Petroleum and Greenhouse Gas Storage
3
(Regulatory Levies) Act 2003
4
1 Before subsection 10A(7)
5
Insert:
6
(6A) For the purposes of this section, disregard the abandonment of a
7
well unless the process of abandoning the well was the subject of a
8
notification under paragraph 5.17(c) of the Offshore Petroleum and
9
Greenhouse Gas Storage (Resource Management and
10
Administration) Regulations 2011.
11
2 Subsection 10A(7)
12
After "if", insert "a well commences to be abandoned, and".
13
3 Subsection 10A(7)
14
Before "requires", insert "(as in force at the time when the abandonment
15
commenced)".
16
4 Subsection 10A(7)
17
Omit "a well", substitute "the well".
18
5 Subsection 10B(7)
19
Omit "Part 5 of the Offshore Petroleum and Greenhouse Gas Storage
20
(Resource Management and Administration) Regulations 2011",
21
substitute "Part 5 of the old Resource Management and Administration
22
Regulations".
23
6 Subsection 10B(8)
24
Insert:
25
old Resource Management and Administration Regulations
26
means the Offshore Petroleum and Greenhouse Gas Storage
27
(Resource Management and Administration) Regulations 2011, as
28
in force before the commencement of the Offshore Petroleum and
29
Abandoned wells Schedule 4
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
23
Greenhouse Gas Storage Legislation Amendment (Well
1
Operations) Regulation 2015.
2
7 Application of amendment
3
Subsection 10A(6A) of the Offshore Petroleum and Greenhouse Gas
4
Storage (Regulatory Levies) Act 2003 (as amended by this Schedule)
5
applies in relation to the abandonment of a well if the abandonment
6
commenced at or after the commencement of this item.
7
Schedule 5 Removal of spent provisions
24
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
No. , 2019
Schedule 5--Removal of spent provisions
1
2
Offshore Petroleum and Greenhouse Gas Storage
3
(Regulatory Levies) Act 2003
4
1 Subsections 10A(9) and (10)
5
Repeal the subsections.
6
2 Subsections 10B(9) and (10)
7
Repeal the subsections.
8
3 Transitional
9
(1)
Despite the repeal of subsection 10A(9) of the Offshore Petroleum and
10
Greenhouse Gas Storage (Regulatory Levies) Act 2003 by this
11
Schedule, that subsection continues to apply, in relation to the period
12
mentioned in that subsection, as if that repeal had not happened.
13
(2)
Despite the repeal of subsection 10A(10) of the Offshore Petroleum and
14
Greenhouse Gas Storage (Regulatory Levies) Act 2003 by this
15
Schedule, that subsection continues to apply, in relation to a well
16
mentioned in that subsection, as if that repeal had not happened.
17
(3)
Despite the repeal of subsection 10B(9) of the Offshore Petroleum and
18
Greenhouse Gas Storage (Regulatory Levies) Act 2003 by this
19
Schedule, that subsection continues to apply, in relation to the period
20
mentioned in that subsection, as if that repeal had not happened.
21
(4)
Despite the repeal of subsection 10B(10) of the Offshore Petroleum and
22
Greenhouse Gas Storage (Regulatory Levies) Act 2003 by this
23
Schedule, that subsection continues to apply, in relation to a well
24
mentioned in that subsection, as if that repeal had not happened.
25
Regulations references Schedule 6
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
25
Schedule 6--Regulations references
1
2
Offshore Petroleum and Greenhouse Gas Storage
3
(Regulatory Levies) Act 2003
4
1 Subsection 7(8) (definition of safety case in force in relation
5
to a facility)
6
Repeal the definition, substitute:
7
safety case in force in relation to a facility has the meaning given
8
by prescribed regulations, or a prescribed provision of regulations,
9
made under the Offshore Petroleum and Greenhouse Gas Storage
10
Act 2006.
11
2 Subsection 7(9)
12
Repeal the subsection.
13
3 Subsection 8(8) (definition of safety case in force in relation
14
to a facility)
15
Repeal the definition, substitute:
16
safety case in force in relation to a facility has the same meaning
17
as in regulations of that State or Territory that substantially
18
correspond to prescribed regulations, or a prescribed provision of
19
regulations, made under the Offshore Petroleum and Greenhouse
20
Gas Storage Act 2006.
21
4 Subsection 8(9)
22
Repeal the subsection.
23
5 Before subsection 10A(6A)
24
Insert:
25
Schedule 6 Regulations references
26
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
No. , 2019
Abandoned wells
1
6 Subsection 10A(6A)
2
Omit "paragraph 5.17(c) of the Offshore Petroleum and Greenhouse
3
Gas Storage (Resource Management and Administration)
4
Regulations 2011", substitute "a prescribed provision of regulations
5
made under the Offshore Petroleum and Greenhouse Gas Storage Act
6
2006".
7
7 Subsection 10A(7) (heading)
8
Repeal the heading.
9
8 Subsection 10A(7)
10
Omit "the Offshore Petroleum and Greenhouse Gas Storage (Resource
11
Management and Administration) Regulations 2011 (as in force at the
12
time when the abandonment commenced)", substitute "prescribed
13
regulations, or a prescribed provision of regulations, made under the
14
Offshore Petroleum and Greenhouse Gas Storage Act 2006 (as those
15
prescribed regulations are in force, or as that prescribed provision is in
16
force, at the time when the abandonment commenced)".
17
9 Paragraph 10B(1)(c)
18
Omit "Part 5 of the Offshore Petroleum and Greenhouse Gas Storage
19
(Resource Management and Administration) Regulations 2011",
20
substitute "prescribed regulations, or a prescribed provision of
21
regulations, made under the Offshore Petroleum and Greenhouse Gas
22
Storage Act 2006".
23
10 Subparagraph 10C(1)(a)(i)
24
Omit "Part 5 of the Offshore Petroleum and Greenhouse Gas Storage
25
(Resource Management and Administration) Regulations 2011",
26
substitute "prescribed regulations, or a prescribed provision of
27
regulations, made under the Offshore Petroleum and Greenhouse Gas
28
Storage Act 2006".
29
Regulations references Schedule 6
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
27
11 Subparagraph 10C(1)(a)(ii)
1
Omit "regulation 5.13 of the Offshore Petroleum and Greenhouse Gas
2
Storage (Resource Management and Administration)
3
Regulations 2011", substitute "a prescribed provision of regulations
4
made under the Offshore Petroleum and Greenhouse Gas Storage Act
5
2006".
6
12 Subparagraph 10D(1)(a)(i)
7
Omit "Part 5 of the Offshore Petroleum and Greenhouse Gas Storage
8
(Resource Management and Administration) Regulations 2011",
9
substitute "prescribed regulations, or a prescribed provision of
10
regulations, made under the Offshore Petroleum and Greenhouse Gas
11
Storage Act 2006".
12
13 Subparagraph 10D(1)(a)(iv)
13
Omit "regulation 5.13 of the Offshore Petroleum and Greenhouse Gas
14
Storage (Resource Management and Administration)
15
Regulations 2011", substitute "a prescribed provision of regulations
16
made under the Offshore Petroleum and Greenhouse Gas Storage Act
17
2006".
18
14 Subparagraph 10F(1)(a)(i)
19
Omit "regulation 9 of the Offshore Petroleum and Greenhouse Gas
20
Storage (Environment) Regulations 2009", substitute "a prescribed
21
provision of regulations made under the Offshore Petroleum and
22
Greenhouse Gas Storage Act 2006".
23
15 Subparagraph 10F(1)(b)(i)
24
Omit "regulation 17, 18 or 19 of the Offshore Petroleum and
25
Greenhouse Gas Storage (Environment) Regulations 2009", substitute
26
"a prescribed provision of regulations made under the Offshore
27
Petroleum and Greenhouse Gas Storage Act 2006".
28
16 Subparagraph 10F(1)(c)(i)
29
Omit "regulation 9 of the Offshore Petroleum and Greenhouse Gas
30
Storage (Environment) Regulations 2009", substitute "a prescribed
31
provision of regulations made under the Offshore Petroleum and
32
Greenhouse Gas Storage Act 2006".
33
Schedule 6 Regulations references
28
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
No. , 2019
17 Subparagraph 10G(1)(a)(i)
1
Omit "regulation 9 of the Offshore Petroleum and Greenhouse Gas
2
Storage (Environment) Regulations 2009", substitute "a prescribed
3
provision of regulations made under the Offshore Petroleum and
4
Greenhouse Gas Storage Act 2006".
5
18 Subparagraph 10G(1)(b)(i)
6
Omit "regulation 17, 18 or 19 of the Offshore Petroleum and
7
Greenhouse Gas Storage (Environment) Regulations 2009", substitute
8
"a prescribed provision of regulations made under the Offshore
9
Petroleum and Greenhouse Gas Storage Act 2006".
10
19 Subparagraph 10G(1)(c)(i)
11
Omit "regulation 9 of the Offshore Petroleum and Greenhouse Gas
12
Storage (Environment) Regulations 2009", substitute "a prescribed
13
provision of regulations made under the Offshore Petroleum and
14
Greenhouse Gas Storage Act 2006".
15
20 Application and transitional provisions
16
(1)
For the purposes of the operation of subsection 10A(6A) of the Offshore
17
Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003
18
on and after the commencement of this item, a notification under
19
paragraph 5.17(c) of the Offshore Petroleum and Greenhouse Gas
20
Storage (Resource Management and Administration) Regulations 2011
21
is taken to be a notification covered by that subsection.
22
(2)
For the purposes of the operation of subsection 10A(7) of the Offshore
23
Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003
24
on and after the commencement of this item, an approval by
25
NOPSEMA, under the Offshore Petroleum and Greenhouse Gas
26
Storage (Resource Management and Administration) Regulations 2011,
27
of the commencement of the abandonment of a well is taken to be an
28
approval covered by that subsection.
29
(3)
The amendment of paragraph 10B(1)(c) of the Offshore Petroleum and
30
Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this
31
Schedule applies in relation to years beginning on or after the
32
commencement of this item.
33
Regulations references Schedule 6
No. , 2019
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2019
29
(4)
The amendment of subparagraph 10C(1)(a)(i) of the Offshore
1
Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003
2
made by this Schedule applies in relation to an application made on or
3
after the commencement of this item.
4
(5)
The amendment of subparagraph 10C(1)(a)(ii) of the Offshore
5
Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003
6
made by this Schedule applies in relation to a submission made on or
7
after the commencement of this item.
8
(6)
The amendment of subparagraph 10D(1)(a)(i) of the Offshore
9
Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003
10
made by this Schedule applies in relation to an application made on or
11
after the commencement of this item.
12
(7)
The amendment of subparagraph 10D(1)(a)(iv) of the Offshore
13
Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003
14
made by this Schedule applies in relation to a submission made on or
15
after the commencement of this item.
16
(8)
The amendments of sections 10F and 10G of the Offshore Petroleum
17
and Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by
18
this Schedule apply in relation to a submission made on or after the
19
commencement of this item.
20