Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Greenhouse Gas Storage) Regulations 2020
I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
David Hurley
Governor‑General
Keith Pitt
Minister for Resources, Water and Northern Australia
Contents
2 Commencement
3 Authority
4 Schedules
Schedule 1—Levies
Part 1—Amendments commencing day after registration
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004
Part 2—Amendments relating to Part 2 of Schedule 1 to Levies Amendment Act
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004
Part 3—Amendments relating to Division 1 of Part 1 of Schedule 1 to Miscellaneous Amendments Act
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004
Part 4—Amendments relating to Schedule 3 to Levies Amendment Act
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004
Part 5—Amendments relating to Schedule 6 to Levies Amendment Act
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004
Schedule 2—Resource management and administration
Part 1—Amendments commencing first
Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
Part 2—Amendments commencing later
Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
Schedule 3—Environment
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
This instrument is the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Greenhouse Gas Storage) Regulations 2020.
(1) Each provision of this instrument 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.
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the following:
(a) the Offshore Petroleum and Greenhouse Gas Storage Act 2006;
(b) the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
1 Regulation 3 (definition of OHS inspector)
Repeal the definition.
2 Subparagraphs 4(2)(a)(ii) and (b)(ii)
Omit “the Safety Authority”, substitute “NOPSEMA”.
3 Paragraph 7(3)(a)
Omit “OHS inspectors”, substitute “NOPSEMA inspectors”.
Omit “an OHS inspector”, substitute “a NOPSEMA inspector”.
5 Paragraph 14(3)(a)
Omit “OHS inspectors”, substitute “NOPSEMA inspectors”.
Omit “an OHS inspector”, substitute “a NOPSEMA inspector”.
7 Paragraph 59(2)(a)
After “Regulations”, insert “or to regulation 5.06 of the old Resource Management and Administration Regulations”.
8 Regulation 54 (definition of old Resource Management and Administration Regulations)
Repeal the definition.
After “an application”, insert “or submission”.
10 Regulation 55 (table, heading to column headed “Application”)
Repeal the heading, substitute:
11 Regulation 55 (table item 2)
Repeal the item, substitute:
2 | Submission of a proposed revision of a well operations management plan | $38,500 |
Repeal the note.
Omit “submits an application to NOPSEMA”.
14 Paragraph 56(2)(a)
Before “under”, insert “submits an application to NOPSEMA”.
15 Paragraph 56(2)(b)
Repeal the paragraph, substitute:
(b) submits to NOPSEMA, under regulation 5.13 of the Resource Management and Administration Regulations, a proposed revision of a well operations management plan.
After “an application”, insert “or submission”.
17 Regulation 58 (table, heading to column headed “Application”)
Repeal the heading, substitute:
Application or submission |
18 Regulation 58 (at the end of the table)
Add:
3 | Submission of a proposed revision of a well operations management plan | $38,500 |
19 After paragraph 59(2)(a)
Insert:
(aa) submits to NOPSEMA, under a regulation of a State or Territory that substantially corresponds to regulation 5.13 of the Resource Management and Administration Regulations, a proposed revision of a well operations management plan; or
Insert:
eligible title has the meaning given by section 9 of the Regulatory Levies Act.
21 Regulation 36 (definition of petroleum title)
Repeal the definition.
22 Regulation 36 (definition of registered holder)
Omit “a petroleum title”, substitute “an eligible title”.
Insert:
This Subdivision applies to a compliance investigation concerning a contravention or possible contravention of subclause 13A(1) or (2) of Schedule 3 to the OPGGS Act.
Note: Those subclauses impose duties on registered holders of petroleum titles relating to wells used or to be used for operations authorised by the titles.
Omit “a petroleum title”, substitute “an eligible title”.
Omit “a petroleum title”, substitute “an eligible title”.
26 Paragraph 38(2)(b)
Omit “a petroleum title”, substitute “an eligible title”.
Omit “a petroleum title”, substitute “an eligible title”.
Omit “the petroleum title”, substitute “the eligible title”.
Omit “a petroleum title”, substitute “an eligible title”.
30 At the end of Division 2 of Part 6
Add:
For the purposes of subsection 9(4) of the Regulatory Levies Act, the amount of well investigation levy imposed on a compliance investigation concerning a contravention or possible contravention of subclause 13B(1) or (2) of Schedule 3 to the OPGGS Act is zero.
Note: Those subclauses impose duties on registered holders of greenhouse gas titles relating to wells used or to be used for operations authorised by the titles.
Insert:
This Division applies in relation to:
(a) a compliance investigation concerning a contravention or possible contravention of subclause 13A(1) or (2) of Schedule 3 to the OPGGS Act; and
(b) well investigation levy imposed on such an investigation.
Note: Those subclauses impose duties on registered holders of petroleum titles relating to wells used or to be used for operations authorised by the titles.
Omit “a petroleum title”, substitute “an eligible title”.
33 Paragraph 41(4)(a)
Omit “a petroleum title”, substitute “an eligible title”.
34 Regulation 42 (definition of registered holder)
Omit “State/Territory petroleum title”, substitute “State/Territory title”.
35 Regulation 42 (definition of State/Territory petroleum title)
Repeal the definition.
Insert:
State/Territory title has the meaning given by section 10 of the Regulatory Levies Act.
Insert:
This Subdivision applies to an inspection concerning a contravention or possible contravention of a provision of a State PSLA or Territory PSLA that substantially corresponds to subclause 13A(1) or (2) of Schedule 3 to the OPGGS Act.
Note: Those subclauses impose duties on registered holders of petroleum titles relating to wells used or to be used for operations authorised by the titles.
Omit “State/Territory petroleum title”, substitute “State/Territory title”.
Omit “State/Territory petroleum title”, substitute “State/Territory title”.
40 Paragraph 44(2)(b)
Omit “State/Territory petroleum title”, substitute “State/Territory title”.
Omit “State/Territory petroleum title”, substitute “State/Territory title”.
Omit “the petroleum title”, substitute “the title”.
Omit “State/Territory petroleum title”, substitute “State/Territory title”.
44 At the end of Division 2 of Part 7
Add:
For the purposes of subsection 10(4) of the Regulatory Levies Act, the amount of well investigation levy imposed on an inspection concerning a contravention or possible contravention of a provision of a State PSLA or Territory PSLA that substantially corresponds to subclause 13B(1) or (2) of Schedule 3 to the OPGGS Act is zero.
Note: Those subclauses impose duties on registered holders of greenhouse gas titles relating to wells used or to be used for operations authorised by the titles.
Insert:
This Division applies in relation to:
(a) an inspection concerning a contravention or possible contravention of a provision of a State PSLA or Territory PSLA that substantially corresponds to subclause 13A(1) or (2) of Schedule 3 to the OPGGS Act; and
(b) well investigation levy imposed on such an inspection.
Note: Those subclauses impose duties on registered holders of petroleum titles relating to wells used or to be used for operations authorised by the titles.
Omit “State/Territory petroleum title”, substitute “State/Territory title”.
47 Paragraph 47(4)(a)
Omit “State/Territory petroleum title”, substitute “State/Territory title”.
48 Part 8 (heading)
Omit “petroleum”.
Insert:
Insert:
eligible title has the meaning given by section 10A of the Regulatory Levies Act.
Insert:
This Subdivision applies to annual well levy on an eligible well in relation to an eligible title that is a petroleum title.
52 At the end of Part 8
Add:
For the purposes of subsection 10A(4) of the Regulatory Levies Act, the amount of annual well levy is zero for the year for each eligible well in relation to an eligible title that is a greenhouse gas title (within the meaning of section 10A of that Act).
53 Part 9 (heading)
Omit “petroleum”.
Insert:
Insert:
State/Territory title has the meaning given by section 10B of the Regulatory Levies Act.
Insert:
This Subdivision applies to annual well levy on an eligible well in relation to a State/Territory title that is a State/Territory petroleum title.
Omit “State/Territory petroleum title”, substitute “State/Territory title”.
58 At the end of Part 9
Add:
For the purposes of subsection 10B(4) of the Regulatory Levies Act, the amount of annual well levy is zero for the year for each eligible well in relation to a State/Territory title that is a State/Territory greenhouse gas title (within the meaning of section 10B of that Act).
59 Part 10 (heading)
Omit “petroleum”.
Insert:
Insert:
eligible title has the meaning given by section 10C of the Regulatory Levies Act.
62 Regulation 54 (definition of registered holder)
Omit “a petroleum title”, substitute “an eligible title”.
Insert:
This Subdivision applies to well activity levy payable under section 10C of the Regulatory Levies Act by the registered holder of an eligible title that is a petroleum title.
Omit “a petroleum title”, substitute “an eligible title”.
65 At the end of Part 10
Add:
For the purposes of subsection 10C(4) of the Regulatory Levies Act, the amount of well activity levy imposed by subsection 10C(1) of that Act in relation to the registered holder of an eligible title that is a greenhouse gas title (within the meaning of section 10C of that Act) is zero.
66 Part 11 (heading)
Omit “petroleum”.
Insert:
68 Regulation 57 (definition of registered holder)
Omit “State/Territory petroleum title”, substitute “State/Territory title”.
Insert:
State/Territory title has the meaning given by section 10D of the Regulatory Levies Act.
Insert:
This Subdivision applies to well activity levy payable under section 10D of the Regulatory Levies Act by the registered holder of a State/Territory title that is a State/Territory petroleum title.
Omit “State/Territory petroleum title”, substitute “State/Territory title”.
72 At the end of Part 11
Add:
For the purposes of subsection 10D(4) of the Regulatory Levies Act, the amount of well activity levy imposed by subsection 10D(1) of that Act in relation to the registered holder of a State/Territory title that is a State/Territory greenhouse gas title (within the meaning of section 10D of that Act) is zero.
73 Paragraph 62(3)(c)
Omit “a petroleum title or a State/Territory petroleum title”, substitute “an eligible title or a State/Territory title”.
After “offshore petroleum industry”, insert “and the greenhouse gas storage industry”.
Insert:
compliance investigation has the meaning given by section 3 of the Regulatory Levies Act.
76 Regulation 6 (definition of inspection)
Repeal the definition.
Omit “an inspection”, substitute “a compliance investigation”.
Omit “the inspection”, substitute “the compliance investigation”.
Omit “an inspection”, substitute “a compliance investigation”.
80 Subregulations 7(2) and (3)
Omit “the inspection” (wherever occurring), substitute “the compliance investigation”.
Omit “an inspection”, substitute “a compliance investigation”.
Omit “an inspection”, substitute “a compliance investigation”.
Omit “the inspection”, substitute “the compliance investigation”.
Omit “an inspection”, substitute “a compliance investigation”.
Omit “the inspection”, substitute “the compliance investigation”.
86 Paragraph 8(9)(b)
Omit “the inspection” (wherever occurring), substitute “the compliance investigation”.
87 Paragraphs 9(1)(a) and (b)
Omit “inspection” (wherever occurring), substitute “compliance investigation”.
Omit “the inspection” (wherever occurring), substitute “the compliance investigation”.
Omit “an inspection”, substitute “a compliance investigation”.
Omit “an inspection”, substitute “a compliance investigation”.
Omit “the inspection” (wherever occurring), substitute “the compliance investigation”.
92 Subregulations 10(1) and 11(2)
Omit “an inspection”, substitute “a compliance investigation”.
Omit “the inspection”, substitute “the compliance investigation”.
Omit “an inspection”, substitute “a compliance investigation”.
95 Paragraphs 11(3)(a) and (b) and (4)(a) and (b)
Omit “the inspection” (wherever occurring), substitute “the compliance investigation”.
Omit “an inspection”, substitute “a compliance investigation”.
97 Paragraph 12(1)(a)
Omit “an inspection”, substitute “a compliance investigation”.
Insert:
compliance investigation has the meaning given by section 3 of the Regulatory Levies Act.
99 Regulation 36 (definition of inspection)
Repeal the definition.
100 Subregulations 37(1) and (2)
Omit “an inspection”, substitute “a compliance investigation”.
101 Subparagraphs 37(9)(b)(i) and (ii)
Omit “the inspection”, substitute “the compliance investigation”.
Omit “an inspection” (first occurring), substitute “a compliance investigation”.
Omit “the inspection” (first occurring), substitute “the compliance investigation”.
104 Subregulation 38(1) (table item 1)
Omit “the inspection”, substitute “the compliance investigation”.
105 Subregulation 38(1) (note)
Omit “an inspection”, substitute “a compliance investigation”.
106 Subregulation 38(1) (note)
Omit “the inspection”, substitute “the compliance investigation”.
107 Subregulation 38(2) (heading)
Omit “inspection”, substitute “compliance investigation”.
Omit “an inspection”, substitute “a compliance investigation”.
109 Paragraphs 38(2)(a) and (b)
Omit “the inspection”, substitute “the compliance investigation”.
Omit “an inspection”, substitute “a compliance investigation”.
111 Paragraph 40(2)(a)
Omit “the inspection”, substitute “the compliance investigation”.
Omit “an inspection”, substitute “a compliance investigation”.
113 After Part 12
Insert:
For the purposes of a provision of the Regulatory Levies Act mentioned in column 1 of an item of the following table, each of the regulations, or provisions of regulations, made under the OPGGS Act and mentioned in column 2 of the item is prescribed.
1 Paragraph 1.06(3)(l)
Omit “section 349 or 361”, substitute “section 361 or 369”.
2 Regulation 5.02 (definition of Regulator)
Repeal the definition, substitute:
Regulator means NOPSEMA.
3 Subregulation 5.04(2) (note 2)
Repeal the note, substitute:
Note 2: NOPSEMA may give directions to titleholders that may relate to a well activity and must be complied with despite anything in these Regulations: see sections 574, 576B and 576C of the Act. NOPSEMA and the responsible Commonwealth Minister may also give remedial directions about plugging or closing off wells: see sections 586, 586A, 591B and 592 of the Act.
4 Subregulation 5.05(2) (note 2)
Repeal the note, substitute:
Note 2: NOPSEMA may give directions to titleholders that may relate to a well activity and must be complied with despite anything in these Regulations: see sections 574, 576B and 576C of the Act. NOPSEMA and the responsible Commonwealth Minister may also give remedial directions about plugging or closing off wells: see sections 586, 586A, 591B and 592 of the Act.
5 Paragraph 5.10(3)(b)
Omit “or 586 of the Act which”, substitute “, 579A, 586 or 591B of the Act that”.
6 Paragraph 5.10(3)(c)
Omit “574A, 580, 586A or 592 of the Act which”, substitute “586A or 592 of the Act that”.
7 Paragraph 5.18(a)
Omit “574A, 576B, 576C, 580, 586, 586A”, substitute “576B, 579A, 586, 586A, 591B”.
8 Division 9 of Part 5 (heading)
Omit “if NOPSEMA is Regulator”.
Repeal the regulation.
Omit “or 586A”, substitute “, 580, 586A or 592”.
11 Subregulation 11A.01(1) (table item 4)
After “section 286A” (wherever occurring)”, insert “or 452A”.
Omit “responsible Commonwealth Minister, nominate one of them”, substitute “Titles Administrator and NOPSEMA, nominate one of the registered holders”.
13 Paragraph 11A.05(5)(b)
Omit “responsible Commonwealth Minister”, substitute “Titles Administrator and NOPSEMA”.
14 Paragraph 12.05(1)(b)
Omit “, a NOPSEMA inspector or a greenhouse gas project inspector,”, substitute “or a NOPSEMA inspector”.
15 After Part 11A
Insert:
For the purposes of a provision of the Act mentioned in column 1 of an item of the following table, each of the regulations, or provisions of regulations, mentioned in column 2 of the item is prescribed.
Regulations prescribed for particular provisions of Act | ||
Item | Column 1 | Column 2 |
1 | Paragraph 316(2)(b) | (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; (b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011; (c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
2 | Paragraph 351(2)(b) | (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; (b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011; (c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
3 | Paragraph 376(3)(b) | (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; (b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011; (c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
4 | Definition of environment plan in subsection 571(5) | Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 |
5 | Definition of petroleum activity in subsection 571(5) | Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 |
6 | Definition of environment plan in subsection 572C(3) | Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 |
7 | Definition of petroleum activity in subsection 572C(3) | Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 |
8 | Paragraph 574A(6)(b) | (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; (b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011; (c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
9 | Paragraph 580(5)(b) | (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; (b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011; (c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
10 | Item 15 of the table in subsection 601(1) | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
11 | Item 16 of the table in subsection 601(1) | Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 |
12 | Item 16A of the table in subsection 601(1) | Offshore Petroleum and Greenhouse Gas Storage (Greenhouse Gas Injection and Storage) Regulations 2011 |
13 | Item 17 of the table in subsection 601(1) | Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 |
14 | Item 18 of the table in subsection 601(1) | Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 (apart from Part 5 of those regulations) |
15 | Subparagraph (c)(ii) of the definition of titleholder’s obligations in subsection 602K(8) | Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 |
16 | Paragraph 638(1)(d) | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
17 | Paragraph 638(1)(e) | Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 |
18 | Subparagraph 646A(5)(f)(i) | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
19 | Subparagraph 646A(5)(f)(ii) | Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 |
20 | Subparagraph 646A(5)(g)(i) | Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 |
21 | Paragraph (a) of the definition of well integrity law in clause 2 of Schedule 2B | Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 |
22 | Paragraph (c) of the definition of well integrity law in clause 2 of Schedule 2B | Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 |
23 | Subparagraph (c)(iii) of the definition of regulated business premises in clause 3 of Schedule 3 | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
24 | Subparagraph (d)(ii) of the definition of regulated business premises in clause 3 of Schedule 3 | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
25 | Subparagraph (e)(ii) of the definition of regulated business premises in clause 3 of Schedule 3 | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
26 | Paragraph (b) of the definition of titleholder’s well‑related obligations in clause 3 of Schedule 3 | Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 |
1 Regulation 4 (definition of Regulator)
Repeal the definition, substitute:
Regulator means NOPSEMA.
2 Subparagraph 23(2)(a)(ii)
Repeal the subparagraph, substitute:
(ii) a direction given by the Regulator under section 574, 576B, 579A, 586 or 591B; or
(iii) a direction given by the responsible Commonwealth Minister under section 580 or 592; or
3 Paragraph 28(2)(b)
Repeal the paragraph.
4 Paragraph 28(2)(c)
Omit “a greenhouse gas project inspector,”.
5 Paragraph 28(4)(a)
Repeal the paragraph.
6 Paragraph 28(4)(b)
Omit “a greenhouse gas project inspector or” (wherever occurring).
7 Paragraph 28(4)(b)
Omit “petroleum project inspector”, substitute “NOPSEMA inspector”.
8 In the appropriate position in Part 5
Insert:
(1) This regulation applies to a thing done, before the commencement of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Greenhouse Gas Storage) Regulations 2020, by or in relation to the responsible Commonwealth Minister as the Regulator for a greenhouse gas activity.
(2) On and after that commencement, these Regulations apply in relation to the thing as if it had been done by or in relation to NOPSEMA as the Regulator when the thing was done by or in relation to the responsible Commonwealth Minister.