Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Titles Administration) Regulations 2021
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.
Dated 09 December 2021
David Hurley
Governor‑General
By His Excellency’s Command
Keith Pitt
Minister for Resources and Water
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Application fee for change in control of registered titleholder
Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
Schedule 2—Trailing liability
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009
This instrument is the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Titles Administration) Regulations 2021.
(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.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table | The day after this instrument is registered. | 10 December 2021 |
2. Schedule 1 | At the same time as Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Titles Administration and Other Measures) Act 2021 commences. | 2 March 2022 |
3. Schedule 2 | At the same time as Schedule 2 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Titles Administration and Other Measures) Act 2021 commences. | 2 March 2022 |
Note: This table relates only to the provisions of this instrument as originally made.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 Offshore Petroleum and Greenhouse Gas Storage Act 2006.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Application fee for change in control of registered titleholder
1 After subregulation 11.01(1A)
Insert:
(1AA) For the purposes of subsection 566M(1) of the Act, the prescribed fee for an application is the fee specified in Division 2A of Part 1 of Schedule 6 for that application.
2 After Division 2 of Part 1 of Schedule 6
Insert:
Division 2A—Fees payable under section 566M of the Act
2A Application fees payable under section 566M of the Act
The following table sets out the application fees payable under section 566M of the Act.
Fees payable under section 566M of the Act | ||
Item | Type of application | Fee ($) |
116AA | Application for approval of change in control of a registered holder of a title | 8 250 |
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
1 At the end of Part 4
Add:
Division 4.3—Application of these Regulations if a remedial direction is in force
34 Application of these Regulations if a remedial direction is in force
(1) This regulation applies if:
(a) a direction (a petroleum remedial direction) is in force under section 586, 586A, 587 or 587A of the Act; or
(b) a direction (a greenhouse gas remedial direction) is in force under section 591B, 592, 594A or 595 of the Act.
(2) These Regulations apply as follows:
(a) as if a reference to a petroleum titleholder included a reference to a person who is subject to a petroleum remedial direction;
(b) as if a reference to a titleholder included a reference to a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction;
(c) as if a reference to a petroleum activity included a reference to an activity carried out for the purpose of complying with a petroleum remedial direction;
(d) as if a reference to an activity included a reference to an activity carried out for the purpose of complying with a petroleum remedial direction or a greenhouse gas remedial direction.
(3) Despite subregulations (1) and (2), this regulation does not apply to the following definitions in regulation 4 of these Regulations:
(a) activity;
(b) petroleum activity;
(c) petroleum titleholder;
(d) titleholder.
2 After Division 9 of Part 5
Insert:
Division 9A—Application of this Part if a remedial direction is in force
5.29A Application of this Part if a remedial direction is in force
(1) This regulation applies if:
(a) a direction (a petroleum remedial direction) is in force under section 586, 586A, 587 or 587A of the Act; or
(b) a direction (a greenhouse gas remedial direction) is in force under section 591B, 592, 594A or 595 of the Act.
(2) This Part applies as follows:
(a) as if a reference to a titleholder included a reference to a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction;
(b) as if a reference to a well activity included a reference to an activity relating to a well carried out for the purpose of complying with a petroleum remedial direction or a greenhouse gas remedial direction;
(c) if a title has ceased to be in force—as if a reference to a title area included a reference to the area in which activities are being carried out for the purposes of complying with a petroleum remedial direction or a greenhouse gas remedial direction.
(3) Despite subregulations (1) and (2), this regulation does not apply to the following provisions:
(a) subregulation 5.01(1);
(b) the definition of well activity in regulation 5.02;
(c) regulation 5.03A.
Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009
3 At the end of Part 6 of Chapter 2
Add:
Part 7—Application of these Regulations if a remedial direction is in force
2.51 Application of these Regulations if a remedial direction is in force
(1) This regulation applies if:
(a) a direction (a petroleum remedial direction) is in force under section 586, 586A, 587 or 587A of the Act; or
(b) a direction (a greenhouse gas remedial direction) is in force under section 591B, 592, 594A or 595 of the Act.
(2) These Regulations (other than the definition of titleholder in regulation 1.5) apply as if a reference to a titleholder included a reference to a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction.