Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2004-2005
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
OFFSHORE PETROLEUM (SAFETY LEVIES) AMENDMENT BILL 2005
EXPLANATORY MEMORANDUM
(Circulated by authority of
the Minister for Industry, Tourism and Resources,
the Hon Ian Macfarlane, MP)
2
OFFSHORE PETROLEUM (SAFETY LEVIES) AMENDMENT BILL 2005
GENERAL OUTLINE
The purpose of the Offshore Petroleum (Safety Levies) Amendment Bill 2005 is to
amend the Offshore Petroleum (Safety Levies) Act 2003. There are three types of
amendments:
omitting references to the Petroleum (Submerged Lands) Act 1967 and replacing
them with the relevant reference in the proposed Offshore Petroleum Act;
ensuring amendments or name changes to other Acts or Regulations referred to in
the Act will not have any effect on key definitions in the Act; and
transitional arrangements.
The amendments are consequential on passage of the Offshore Petroleum Bill 2005
constituting the rewrite of the Petroleum (Submerged Lands) Act 1967 and relate
principally to the fact that the new Act would have a different title than the one it
replaces.
The Offshore Petroleum (Safety Levies) Act 2003 (the Act) imposes levies on the
operators of facilities engaged in exploration for, and production, processing and
conveyance of, offshore petroleum. The levies relate directly to regulatory activities
carried out by the National Offshore Petroleum Safety Authority and are used to fully
fund the cost of the Authority's operations.
The Safety Authority was established through amendments to the Petroleum
(Submerged Lands) Act 1967. The Safety Authority regulates occupational health and
safety at, and in relation to, offshore petroleum facilities in the Commonwealth
marine jurisdiction and in State and Northern Territory coastal waters.
FINANCIAL IMPACT STATEMENT
The purpose of this Bill is to make minor and machinery amendments to the Offshore
Petroleum (Safety Levies) Act 2003 that provides for full recovery of the annual
operating costs of the National Offshore Petroleum Safety Authority. The
amendments are consequential on the passage of the Offshore Petroleum Bill 2005. .
There are no changes to the levies provisions in the Offshore Petroleum (Safety
Levies) Act 2003 and as such, this Bill will have no financial impact on either
Commonwealth revenue or expenditure.
NOTES ON INDIVIDUAL CLAUSES
Clause 1 - Short Title
This clause is a standard provision setting out the title by which this Amendment Act
is to be cited if it becomes law.
3
Clause 2 - Commencement
This clause provides that clauses 1, 2 and 3 would commence on Royal Assent to this
Bill. Schedule 1 would commence together with the bulk of the provisions in the
Offshore Petroleum Bill. This is to be on a date fixed by proclamation. However, a
separate proclamation of the Offshore Petroleum (Safety Levies) Amendment Act
would not be required.
Clause 3 - Schedule(s)
This clause gives effect to the provisions in the Schedule to this Act.
Schedule 1 - Amendments
PART 1 - AMENDMENTS
The amendments in this Part relate to references to the Petroleum (Submerged Lands)
Act 1967 in the Offshore Petroleum (Safety Levies) Act 2003 (the Act) and the
addition of provisions to preserve the currency of key definitions in respect of a safety
case in force in relation to a facility and a pipeline safety management plan in force in
relation to a pipeline.
The purpose of this Part is to amend the Act to change references to the Petroleum
(Submerged Lands) Act to the appropriate references in the proposed Offshore
Petroleum Act and to ensure that if regulations referred to in certain definitions are
renamed, that definition is amended by omitting the old name and substituting the
new name. The proposed Offshore Petroleum Act replaces the Petroleum (Submerged
Lands) Act as the relevant Act governing offshore petroleum safety regulation, which
necessitates the changes to the references.
Items 1 to 23: Section 3; Section 4; Section 4(note); Subsection 5(4)(note); Subsection
5(8); Subsection 6(4)(note); Subsection 6(8); Subsection 7(3)(note); Subsection 7(8)
These amendments omit references to the Petroleum (Submerged Lands) Act in
section 3 of the Act, which sets out a number of definitions, and replace them with the
relevant Act and Part, Schedule or clause reference in the Offshore Petroleum Bill.
Item 24 - At the end of Section 7
This amendment adds a paragraph to the end of Section 7 of the Safety Levies Act.
The paragraph stipulates that if the regulations referred to in the definition of a "safety
case in force in relation to a facility" (defined in subsection 8) are renamed because of
the new name of the Act they are under, the old name is automatically substituted
with the new name of the regulations. This will ensure that the references to
regulations in the definition remain current.
Item 25 - Subsection 8(3)(note)
This amendment omits a section reference to the Petroleum (Submerged Lands) Act
and replaces it with the relevant clause reference in the Offshore Petroleum Bill.
4
Item 26 - At the end of Section 8
This item inserts an identical amendment to the one added at the end of section 7, but
in this item it is in relation to the imposition of safety case levy in designated coastal
waters, whereas section 7 imposes the levy in relation to Commonwealth waters.
Item 27 to 29 - Subsection 9(3)(note); Subsection 9(8)
These amendments omit Act and section references to the Petroleum (Submerged
Lands) Act and replace them with the relevant Act and clause references in the
Offshore Petroleum Bill.
Item 30 - At the end of Section 9
This amendment adds a paragraph to the end of Section 9. The paragraph stipulates
that if the regulations referred to in the definition of a "pipeline safety management
plan in force in relation to a pipeline" (defined in subsection 8) are renamed because
of the new name of the Act they are under, the old name is automatically substituted
with the new name of the regulations. This will ensure that the references to
regulations in the definition remain current.
Item 31 - Subsection 10(3)(note)
This amendment omits a section reference to the Petroleum (Submerged Lands) Act
and replaces it with the relevant clause reference in the Offshore Petroleum Bill.
Item 32 - At the end of Section 10
This item inserts an identical amendment to the one added at the end of section 9, but
in this item it is in relation to the imposition of pipeline safety management plan levy
in designated coastal waters, whereas section 9 imposes the levy in relation to
Commonwealth waters.
PART 2 - APPLICATION AND TRANSITIONAL PROVISIONS
The purpose of this Part is to clarify transitional arrangements in relation to the
payment of levies before and after the amendments in this Bill come into force.
Item 33 - Application - safety investigation levy
The purpose of this transitional provision is to stipulate that amendments made by this
Bill apply only to levies associated with accidents or occurrences that occur after
these amendments come into force (in accordance with the commencement
information table in clause 2). Levies associated with accidents or occurrences that
occurred before the commencement of these amendments remain subject to the
provisions of the Offshore (Safety Levies) Act 2003 as it was before amendment.
5
Item 34 - Application - safety case levy
The purpose of this transitional provision is to stipulate that the amendments made by
this Bill apply only to safety case levies applied to safety cases after these
amendments come into force (in accordance with the commencement information
table in clause 2). Levies associated with safety cases that were incurred before the
commencement of these amendments remain subject to the provisions of the Offshore
(Safety Levies) Act 2003 as it was before amendment.
Item 35 - Application - pipeline safety management plan levy
The purpose of this transitional provision is to stipulate that the amendments made by
this Bill apply only to pipeline management plan levies applied to pipeline
management plans after these amendments come into force (in accordance with the
commencement information table in clause 2). Levies associated with pipeline
management plans that were incurred before the commencement of these amendments
remain subject to the unamended Offshore (Safety Levies) Act 2003 as it was before
amendment.
Item 36 - Transitional regulations
To avoid doubt, this item clarifies that regulations associated with sections 5-10 of the
Act, which are the levies provisions, will still apply until these amendments come into
force.