Offshore Petroleum and Greenhouse Gas Storage Act 2006

An Act about petroleum exploration and recovery, and the injection and storage of greenhouse gas substances, in offshore areas, and for other purposes

Chapter 1—Introduction

Part 1.1—Legislative formalities and background

1 Short title

This Act may be cited as the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

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 and 2 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	29 March 2006
2. Sections 3 to 5	A single day to be fixed by Proclamation.	1 July 2008 (see F2008L02273)
3. Parts 1.2, 1.3 and 1.4	At the same time as the provision(s) covered by table item 2.	1 July 2008
4. Chapters 2 to 6	At the same time as the provision(s) covered by table item 2.	1 July 2008
5. Schedules 1, 2, 3, 4 and 5	At the same time as the provision(s) covered by table item 2.	1 July 2008
6. Schedule 6, clauses 1 to 38	At the same time as the provision(s) covered by table item 2.	1 July 2008
7. Schedule 6, clause 39	The day on which this Act receives the Royal Assent.	29 March 2006
8. Schedule 6, clauses 40 to 42	At the same time as the provision(s) covered by table item 2.	1 July 2008

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3 Object

The object of this Act is to provide an effective regulatory framework for:

(a) petroleum exploration and recovery; and

(b) the injection and storage of greenhouse gas substances;

in offshore areas.

4 Simplified outline

The following is a simplified outline of this Act:

• This Act sets up a system for regulating the following activities in offshore areas:

(a) exploration for petroleum;

(b) recovery of petroleum;

(d) construction and operation of pipelines for conveying petroleum or greenhouse gas substances;

(e) exploration for potential greenhouse gas storage formations;

(f) injection and storage of greenhouse gas substances.

• An offshore area:

(a) starts 3 nautical miles from the baseline from which the breadth of the territorial sea is measured; and

(b) extends seaward to the outer limits of the continental shelf.

• This Act provides for the grant of the following titles:

(a) a petroleum exploration permit (see Part 2.2);

(b) a petroleum retention lease (see Part 2.3);

(d) an infrastructure licence (see Part 2.5);

(e) a pipeline licence (see Part 2.6);

(f) a petroleum special prospecting authority (see Part 2.7);

(g) a petroleum access authority (see Part 2.8);

(h) a greenhouse gas assessment permit (see Part 3.2);

(i) a greenhouse gas holding lease (see Part 3.3);

(j) a greenhouse gas injection licence (see Part 3.4);

(k) a greenhouse gas search authority (see Part 3.5);

(l) a greenhouse gas special authority (see Part 3.6).

• 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 for a State (other than Tasmania) is constituted by the responsible State Minister and the responsible Commonwealth Minister. The Joint Authority for Tasmania is constituted by 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

• 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

Note: Generally, the baseline is the line of lowest astronomical tide along the coast, but it also encompasses straight lines across bays (bay closing lines), rivers (river closing lines) and between islands, as well as along heavily indented areas of coastline (straight baselines) under certain circumstances.

5 Commonwealth‑State agreement (the Offshore Constitutional Settlement)

(1) This section explains the agreement known as the Offshore Constitutional Settlement, to the extent to which that agreement relates to exploring for, and exploiting, petroleum.

(2) The Commonwealth, the States and the Northern Territory have agreed that:

(a) Commonwealth offshore petroleum legislation should be limited to the area that is outside the coastal waters of the States and the Northern Territory; and

(b) for this purpose, the outer limits of State and Northern Territory coastal waters should start 3 nautical miles from the baseline of the territorial sea; and

(c) the States and the Northern Territory should share, in the manner provided by this Act, in the administration of the Commonwealth offshore petroleum legislation; and

(d) State and Northern Territory offshore petroleum legislation should apply to State and Northern Territory coastal waters; and

(e) the Commonwealth, the States and the Northern Territory should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling the exploration for, and exploitation of, offshore petroleum beyond the baseline of Australia’s territorial sea.

(3) The table summarises other Acts that provide background to the Offshore Constitutional Settlement:

Other Acts
Item	Act	Summary of Act
1	Seas and Submerged Lands Act 1973	This Act: (a) declared and enacted that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; and (b) gave the Governor‑General power to declare, by Proclamation, the limits of the territorial sea; and (c) declared and enacted that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in respect of the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; and (d) declared and enacted that the sovereign rights of Australia as a coastal state in respect of the continental shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth; and (e) gave the Governor‑General power to declare, by Proclamation, the limits of the continental shelf of Australia.
2	Coastal Waters (State Powers) Act 1980	This Act was enacted following a request from the Parliaments of all the States under paragraph 51(xxxviii) of the Constitution of the Commonwealth and provided that the legislative powers exercisable under the Constitution of each State extended to the making of certain laws that would operate offshore.
3	Coastal Waters (Northern Territory Powers) Act 1980	This Act makes similar provision to the Coastal Waters (State Powers) Act 1980 in relation to the Northern Territory.
4	Coastal Waters (State Title) Act 1980	This Act vested in each State certain property rights in the seabed beneath the coastal waters of the State.
5	Coastal Waters (Northern Territory Title) Act 1980	This Act makes similar provision to the Coastal Waters (State Title) Act 1980 in relation to the Northern Territory.
6	Offshore Minerals Act 1994	This Act makes provision, based on the Offshore Constitutional Settlement, for the licensing regime that applies to the exploration for, and recovery of, minerals (other than petroleum) in offshore areas.

6 Simplified maps

(1) This section sets out simplified maps illustrating areas off the coast of Australia that are relevant to this Act.

(2) In the interests of simplification:

(a) coastlines and boundaries have been smoothed; and

(b) the maps do not show certain waters within the limits of a State or Territory; and

(c) the line marking the outer limits of the coastal waters of a State or Territory appears to be further out to sea than it actually is.

Map 1

(3) Map 1 illustrates the offshore areas and the scheduled areas:

Map 1 showing offshore areas and scheduled areas off the coast of Australia

Note 1: As at the day on which the Bill that became this Act was introduced into the House of Representatives, certain maritime areas adjacent to Australia remained subject to delimitation with other countries. The full extent of Australia’s claimed exclusive economic zone and continental shelf jurisdiction has not been shown in this map. The claimed jurisdiction extends beyond the areas shown in this map.

Note 2: Generally, the territorial sea baseline is the line of lowest astronomical tide along the coast, but it also encompasses straight lines across bays (bay closing lines), rivers (river closing lines) and between islands, as well as along heavily indented areas of coastline (straight baselines) under certain circumstances.

Map 2

(4) Map 2 zooms in and illustrates the offshore area of South Australia:

Map 2 showing the offshore area of South Australia

Map 3

(5) Map 3 zooms in and illustrates coastal waters and waters within the limits of South Australia:

Map 3 showing coastal waters and waters within the limits of South Australia

Note: The bays shown as being within the limits of South Australia are for illustrative purposes only.

Part 1.2—Interpretation

Division 1—General

7 Definitions

In this Act, unless the contrary intention appears:

acts jointly with has the meaning given by subsection 566B(2).

applied provisions has the meaning given by subsection 80(2).

approved means approved in writing by the Titles Administrator. This definition does not apply to:

(a) the expression approved site plan; or

(b) section 286A; or

(d) section 650; or

(e) subsection 695B(3); or

(f) section 695F; or

(g) section 695YC.

approved site plan means a site plan in respect of which an approval is in force under the regulations.

Note: See section 457.

authority area:

(a) when used in relation to a petroleum special prospecting authority—means the area constituted by the block or blocks that are the subject of the petroleum special prospecting authority; or

(b) when used in relation to a petroleum access authority—means the area to which the petroleum access authority relates; or

(c) when used in relation to a greenhouse gas search authority—means the area constituted by the block or blocks that are the subject of the greenhouse gas search authority; or

(d) when used in relation to a greenhouse gas special authority—means the area to which the greenhouse gas special authority relates.

Bayu‑Undan pipeline international offshore area means the area described in Schedule 8.

block means a block constituted as provided by section 33, 282, 461A or 462.

boundary‑change petroleum exploration permit means:

(a) a petroleum exploration permit granted under Division 4A of Part 2.2; or

(b) a petroleum exploration permit granted under Division 5 of Part 2.2 by way of the renewal of a permit referred to in paragraph (a).

cash‑bid greenhouse gas assessment permit means:

(a) a greenhouse gas assessment permit granted under Division 3 of Part 3.2; or

(b) a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of the renewal of a permit referred to in paragraph (a).

cash‑bid petroleum exploration permit means:

(a) a petroleum exploration permit granted under Division 3 of Part 2.2 of this Act; or

(b) an exploration permit granted under section 22B of the repealed Petroleum (Submerged Lands) Act 1967; or

(c) a petroleum exploration permit granted under Division 5 of Part 2.2 of this Act by way of the renewal of a permit referred to in paragraph (a) or (b); or

(d) an exploration permit granted under section 32 of the repealed Petroleum (Submerged Lands) Act 1967 by way of the renewal of a permit referred to in paragraph (b).

civil penalty provision has the same meaning as in the Regulatory Powers Act.

closure assurance period has the meaning given by section 399.

coastal waters, in relation to a State or the Northern Territory, means so much of the scheduled area for the State or Territory as consists of:

(a) the territorial sea; and

(b) any waters that are:

(i) on the landward side of the territorial sea; and

(ii) not within the limits of the State or Territory.

For this purpose, assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.

Commissioner means a person appointed under section 780A.

Commission of inquiry means an inquiry conducted, or to be conducted, by a person appointed under section 780A.

compatible cross‑boundary law has the meaning given by section 24A.

consolidated work‑bid greenhouse gas assessment permit means:

(a) a greenhouse gas assessment permit granted under Subdivision B of Division 2 of Part 3.2; or

(b) a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of the renewal of a permit referred to in paragraph (a).

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

construct includes place.

continental shelf means the continental shelf (within the meaning of the Seas and Submerged Lands Act 1973) adjacent to the coast of:

(a) Australia (including the coast of any island forming part of a State or Territory); or

(b) a Territory.

Cross‑boundary Authority has the meaning given by section 76A and, when used in the expression the Cross‑boundary Authority, means the Cross‑boundary Authority for the offshore area concerned.

cross‑boundary greenhouse gas assessment permit means a greenhouse gas assessment permit granted under:

(a) Division 3A of Part 3.2; or

(b) Subdivision B of Division 4 of Part 3.2.

cross‑boundary greenhouse gas holding lease means a greenhouse gas holding lease granted under:

(a) Subdivision AA, BA or CA of Division 2 of Part 3.3; or

(b) Subdivision B of Division 3 of Part 3.3.

cross‑boundary greenhouse gas injection licence means a greenhouse gas injection licence granted under Subdivision AA of Division 2 of Part 3.4.

datum means a reference frame for defining geographic coordinates.

Note: If the position on the surface of the Earth of a particular point is identified by a coordinate that is determined by reference to a particular datum, the use of a different datum will result in the same point being identified by a different coordinate.

declared greenhouse gas facility has the meaning given by section 18.

declared petroleum exploration permit has the meaning given by section 101.

declared petroleum production licence has the meaning given by section 164.

declared petroleum retention lease has the meaning given by section 138.

designated agreement has the meaning given by section 32.

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.

designated external Territory means:

(a) Norfolk Island; or

(b) the Territory of Christmas Island; or

(d) the Territory of Heard Island and McDonald Islands.

designated public official has the meaning given by section 33A.

detection agent means a substance, whether in a gaseous or liquid state, that:

(a) when added to:

(i) another substance; or

(ii) a mixture of other substances;

facilitates the monitoring of the behaviour of that other substance or that mixture, as the case may be; and

(b) is specified in the regulations.

Eastern Greater Sunrise offshore area has the meaning given by Schedule 7.

Note: The Eastern Greater Sunrise offshore area is a part of the offshore area of the Northern Territory.

eligible greenhouse gas storage formation has the meaning given by section 21.

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

environmental management law has the same meaning as in Schedule 2A.

Environment Minister means the Minister administering the Environment Protection and Biodiversity Conservation Act 1999.

expert advisory committee means a committee established under section 748.

expert advisory committee member means a member of an expert advisory committee, and includes the Chair of an expert advisory committee.

expiry date:

(a) when used in relation to a petroleum exploration permit, petroleum retention lease or petroleum production licence—has the meaning given by subsection 10(1); or

(b) when used in relation to a greenhouse gas assessment permit or a greenhouse gas holding lease (other than a special greenhouse gas holding lease)—has the meaning given by subsection 10(2).

explore:

(a) when used in relation to petroleum—has a meaning affected by subsection 19(1); or

(b) when used in relation to a potential greenhouse gas storage formation—has a meaning affected by subsections 19(2) and (3); or

Federal Court means the Federal Court of Australia.

Federation Reform Fund means the Federation Reform Fund established by section 5 of the Federation Reform Fund Act 2008.

fixed‑term petroleum production licence means a petroleum production licence covered by item 2, 3 or 5 of the table in subsection 165(1).

fixed‑term State/Territory petroleum production title means a State/Territory petroleum production title that was granted for a term of years.

fundamental suitability determinants:

(a) when used in relation to an eligible greenhouse gas storage formation—has the meaning given by subsection 21(8); or

(b) when used in relation to an identified greenhouse gas storage formation—has the meaning given by subsection 312(11) or 312A(11).

geographic coordinate includes:

(a) a meridian of longitude by itself; and

(b) a parallel of latitude by itself.

geological formation includes:

(a) any seal or reservoir of a geological formation; and

(b) any associated geological attributes or features of a geological formation.

good oilfield practice means all those things that are generally accepted as good and safe in:

(a) the carrying on of exploration for petroleum; or

(b) petroleum recovery operations.

good processing and transport practice means all those things that are generally accepted as good and safe in:

(a) the processing, conveyance, transport and storage of petroleum; and

(b) the preparation of petroleum for transport.

graticular section has the meaning given by section 33.

Greater Sunrise pipeline international offshore area means the area declared under section 780P.

Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973.

Greater Sunrise unitisation agreement means the Agreement between the Government of Australia and the Government of the Democratic Republic of Timor‑Leste relating to the Unitisation of the Sunrise and Troubadour Fields, done at Dili on 6 March 2003, as in force immediately before the commencement of Schedule 1 to the Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019.

Note: In 2007, the text of international agreements was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

Greater Sunrise unit reservoir petroleum production licence means a petroleum production licence in respect of one or more blocks within the Eastern Greater Sunrise offshore area that would allow the licensee to recover petroleum from either or both of the Greater Sunrise unit reservoirs.

Greater Sunrise unit reservoirs means the unit reservoirs within the meaning of the Greater Sunrise unitisation agreement.

Greater Sunrise visiting inspector means a NOPSEMA inspector identified as a Greater Sunrise visiting inspector in his or her identity card (see subsection 602(4)).

greenhouse gas assessment permit means a greenhouse gas assessment permit granted under Part 3.2.

greenhouse gas assessment permit area means the permit area of a greenhouse gas assessment permit.

greenhouse gas assessment permittee means the registered holder of a greenhouse gas assessment permit.

greenhouse gas facility line means a pipe, or system of pipes, that is:

(a) for conveying a greenhouse gas substance; and

(b) part of a declared greenhouse gas facility.

greenhouse gas holding lease means a greenhouse gas holding lease granted under Part 3.3.

greenhouse gas holding lease area means the lease area of a greenhouse gas holding lease.

greenhouse gas holding lessee means the registered holder of a greenhouse gas holding lease.

greenhouse gas infrastructure line means a pipe, or system of pipes, that is:

(a) for conveying a greenhouse gas substance; and

(b) part of an infrastructure facility.

greenhouse gas injection licence means a greenhouse gas injection licence granted under Part 3.4.

greenhouse gas injection licence area means the licence area of a greenhouse gas injection licence.

greenhouse gas injection licensee means the registered holder of a greenhouse gas injection licence.

greenhouse gas injection line means a pipe, or system of pipes, for:

(a) conveying a greenhouse gas substance to be compressed, processed or otherwise prepared for injection into an identified greenhouse gas storage formation; or

(b) conveying a greenhouse gas substance for storage prior to being injected into an identified greenhouse gas storage formation; or

so long as the greenhouse gas substance does not pass through a terminal point on the pipe, or system of pipes, as the case may be, before it is injected into the identified greenhouse gas storage formation.

greenhouse gas pipeline means:

(a) a pipe, or system of pipes, in an offshore area for conveying a greenhouse gas substance, other than:

(i) a greenhouse gas injection line; or

(ii) a greenhouse gas infrastructure line; or

(iii) a greenhouse gas facility line; or

(iv) a pipe, or a system of pipes, that is specified in the regulations; or

(b) a part of a pipe covered by paragraph (a); or

greenhouse gas pumping station means equipment for pumping a greenhouse gas substance or water, and includes any structure associated with that equipment.

greenhouse gas research consent means a greenhouse gas research consent granted under Part 3.7.

greenhouse gas search authority means a greenhouse gas search authority granted under Part 3.5.

greenhouse gas special authority means a greenhouse gas special authority granted under Part 3.6.

greenhouse gas substance means:

(a) carbon dioxide, whether in a gaseous or liquid state; or

(b) a prescribed greenhouse gas, whether in a gaseous or liquid state; or

(i) carbon dioxide, whether in a gaseous or liquid state;

(ii) one or more prescribed greenhouse gases, whether in a gaseous or liquid state;

(iii) one or more incidental greenhouse gas‑related substances, whether in a gaseous or liquid state, that relate to either or both of the substances mentioned in subparagraphs (i) and (ii);

(iv) a prescribed detection agent, whether in a gaseous or liquid state;

so long as:

(v) the mixture consists overwhelmingly of either or both of the substances mentioned in subparagraphs (i) and (ii); and

(vi) if the mixture includes a prescribed detection agent—the concentration of the prescribed detection agent in the mixture is not more than the concentration prescribed in relation to that detection agent.

greenhouse gas tank station means a tank, or system of tanks, for holding or storing a greenhouse gas substance, and includes any structure associated with that tank or system of tanks.

greenhouse gas valve station means equipment for regulating the flow of a greenhouse gas substance, and includes any structure associated with that equipment.

holder, in relation to:

(a) a State/Territory petroleum exploration title; or

(b) a State/Territory petroleum retention title; or

(d) a State/Territory greenhouse gas assessment title;

means the person who, under a law of a State or Territory, is the registered holder of the State/Territory petroleum exploration title, the State/Territory petroleum retention title, the State/Territory petroleum production title or the State/Territory greenhouse gas assessment title, as the case may be.

identified greenhouse gas storage formation has the meaning given by section 312 or 312A.

identity card of a NOPSEMA inspector means an identity card issued to the inspector under the Regulatory Powers Act in its application under Division 1 of Part 6.5 of this Act.

incidental greenhouse gas‑related substance has the meaning given by section 23.

infrastructure facility has the meaning given by section 15.

infrastructure licence means an infrastructure licence granted under:

(a) Part 2.5 of this Act; or

(b) Division 3A of Part III of the repealed Petroleum (Submerged Lands) Act 1967.

infrastructure licence area means the licence area of an infrastructure licence.

infrastructure licensee means the registered holder of an infrastructure licence.

Joint Authority has the meaning given by section 56 and, when used in the expression the Joint Authority, means the Joint Authority for the offshore area concerned.

key greenhouse gas operation means:

(a) an operation to make a well; or

(b) an operation to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation; or

(d) an operation to inject, on an appraisal basis, air, petroleum or water into a part of a geological formation; or

(e) an operation to store, on an appraisal basis, air, petroleum or water in a part of a geological formation; or

(f) an operation to carry out a seismic survey or any other kind of survey; or

(g) an operation to monitor the behaviour of:

(i) a greenhouse gas substance; or

(ii) air; or

(iii) petroleum; or

(iv) water;

stored in a part of a geological formation; or

(h) an operation to carry out baseline investigations relating to the storage of a greenhouse gas substance in a part of the geological formation; or

(i) an operation to take samples of the seabed or subsoil of an offshore area; or

(j) an operation specified in the regulations.

key petroleum operation means:

(a) an operation to make a well; or

(b) an operation to inject a substance into a part of a geological formation; or

(d) an operation to carry out a seismic survey or any other kind of survey; or

(e) an operation to monitor the behaviour of a substance stored in a part of a geological formation; or

(f) an operation to take samples of the seabed or subsoil of an offshore area; or

(g) an operation specified in the regulations.

lease area:

(a) when used in relation to a petroleum retention lease—means the area constituted by the block or blocks that are the subject of the petroleum retention lease; or

(b) when used in relation to a greenhouse gas holding lease—means the area constituted by the block or blocks that are the subject of the greenhouse gas holding lease.

lessee:

(a) when used in relation to a petroleum retention lease—means the registered holder of the petroleum retention lease; or

(b) when used in relation to a greenhouse gas holding lease—means the registered holder of the greenhouse gas holding lease.

licence area:

(a) when used in relation to an infrastructure licence—means the place in relation to which the infrastructure licence is in force; or

(b) when used in relation to a petroleum production licence—means the area constituted by the block or blocks that are the subject of the petroleum production licence; or

(c) when used in relation to a greenhouse gas injection licence—means the area constituted by the block or blocks that are the subject of the greenhouse gas injection licence.

Note: The place in relation to which an infrastructure licence is in force must be a place in an offshore area—see subsection 198(2) and section 199.

licensee:

(a) when used in relation to a petroleum production licence—means the registered holder of the petroleum production licence; or

(b) when used in relation to an infrastructure licence—means the registered holder of the infrastructure licence; or

(d) when used in relation to a greenhouse gas injection licence—means the registered holder of the greenhouse gas injection licence.

life‑of‑field petroleum production licence means a petroleum production licence covered by item 1, 3A or 4 of the table in subsection 165(1).

listed NOPSEMA law: see section 601.

listed OHS laws has the meaning given by section 638.

location means a block or blocks in relation to which a declaration under section 131 is in force.

Ministers responsible for mineral and energy resources matters means a body (however described) that consists of the Minister of the Commonwealth, the Minister of each State and Territory and the Minister of New Zealand who is responsible, or principally responsible, for matters relating to energy or resources (or both).

natural resources has the same meaning as in paragraph 4 of Article 77 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.

Note: Paragraph 4 of Article 77 is as follows:

The natural resources referred to in this Part consist of the mineral and other non‑living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.

New Zealand boundary treaty means the Treaty between Australia and New Zealand establishing certain exclusive economic zone boundaries and continental shelf boundaries that was signed at Adelaide on 25 July 2004.

NOPSEMA means the National Offshore Petroleum Safety and Environmental Management Authority.

NOPSEMA inspector means a person appointed as a NOPSEMA inspector under section 602.

Northern Territory title means an authority, however described, under a law of the Northern Territory, to explore for, or to recover, petroleum.

OEI Minister means the Minister administering the Offshore Electricity Infrastructure Act 2021.

offshore area means:

(a) the offshore area of New South Wales; or

(b) the offshore area of Victoria; or

(d) the offshore area of Western Australia; or

(e) the offshore area of South Australia; or

(f) the offshore area of Tasmania; or

(g) the Principal Northern Territory offshore area; or

(h) the Eastern Greater Sunrise offshore area; or

(i) the offshore area of Norfolk Island; or

(j) the offshore area of the Territory of Christmas Island; or

(k) the offshore area of the Territory of Cocos (Keeling) Islands; or

(l) the offshore area of the Territory of Ashmore and Cartier Islands; or

(m) the offshore area of the Territory of Heard Island and McDonald Islands;

and, when used in the expression the offshore area, means whichever of the areas referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l) or (m) is applicable.

Note 1: The offshore area of a State or Territory is defined by section 8.

Note 2: The offshore area of a State or Territory corresponds to the term adjacent area under the repealed Petroleum (Submerged Lands) Act 1967.

Note 3: Under section 8A, each of the following areas is treated like an offshore area for the purposes of many provisions of this Act so far as they relate to petroleum pipelines:

(a) the Bayu‑Undan pipeline international offshore area;

(b) the Greater Sunrise pipeline international offshore area (if declared).

Note 4: See also section 295B (permit area of a cross‑boundary greenhouse gas assessment permit is taken to be included in the offshore area).

Note 5: See also section 323B (lease area of a cross‑boundary greenhouse gas holding lease is taken to be included in the offshore area).

Note 6: See also section 360A (licence area of a cross‑boundary greenhouse gas injection licence is taken to be included in the offshore area).

Offshore Infrastructure Registrar means the Registrar within the meaning of the Offshore Electricity Infrastructure Act 2021.

Offshore Infrastructure Regulator means the Regulator within the meaning of the Offshore Electricity Infrastructure Act 2021.

original consolidated work‑bid greenhouse gas assessment permit means a consolidated work‑bid greenhouse gas assessment permit that was granted otherwise than by way of renewal.

original cross‑boundary greenhouse gas assessment permit means a cross‑boundary greenhouse gas assessment permit granted otherwise than by way of renewal.

original cross‑boundary greenhouse gas holding lease means a cross‑boundary greenhouse gas holding lease granted otherwise than by way of renewal.

original greenhouse gas assessment permit means a greenhouse gas assessment permit that was granted otherwise than by way of renewal.

original petroleum exploration permit means a petroleum exploration permit granted otherwise than by way of renewal.

original petroleum production licence means a petroleum production licence granted otherwise than by way of renewal.

original petroleum retention lease means a petroleum retention lease granted otherwise than by way of renewal.

original State/Territory greenhouse gas assessment title means a State/Territory greenhouse gas assessment title granted otherwise than by way of renewal.

original State/Territory petroleum exploration title means a State/Territory petroleum exploration title granted otherwise than by way of renewal.

original State/Territory petroleum retention title means a State/Territory petroleum retention title granted otherwise than by way of renewal.

partly cancelled means:

(a) in relation to a petroleum exploration permit or petroleum production licence—cancelled as to one or more, but not all, of the blocks the subject of the permit or licence; and

(b) in relation to a pipeline licence—cancelled as to a part of the pipeline the subject of the licence.

partly revoked, in relation to a petroleum exploration permit or petroleum retention lease, means revoked as to one or more, but not all, of the blocks the subject of the permit or lease.

partly surrendered, in relation to a petroleum exploration permit, petroleum production licence or greenhouse gas injection licence, means surrendered as to one or more, but not all, of the blocks the subject of the permit or licence.

partly terminated, in relation to a pipeline licence, means terminated as to a part of the pipeline the subject of the licence.

part of a geological formation includes a part of a combination of geological formations.

permit area:

(a) when used in relation to a petroleum exploration permit—means the area constituted by the block or blocks that are the subject of the petroleum exploration permit; or

(b) when used in relation to a greenhouse gas assessment permit—means the area constituted by the block or blocks that are the subject of the greenhouse gas assessment permit.

permittee:

(a) when used in relation to a petroleum exploration permit—means the registered holder of the petroleum exploration permit; or

(b) when used in relation to a greenhouse gas assessment permit—means the registered holder of the greenhouse gas assessment permit.

petroleum means:

(a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or

(b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

(i) one or more hydrocarbons, whether in a gaseous, liquid or solid state; and

(ii) one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide;

and:

(d) includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir; and

(e) for the purposes of the pipeline provisions, also includes any petroleum as defined by paragraph (a), (b), (c) or (d), where:

(i) one or more things have been added; or

(ii) one or more things have been wholly or partly removed;

or both; and

(f) for the purposes of the pipeline provisions, also includes any mixture that:

(i) has been recovered from a well; and

(ii) includes petroleum as defined by paragraph (a), (b), (c) or (d);

whether or not:

(iii) one or more things have been added; or

(iv) one or more things have been wholly or partly removed;

or both.

petroleum access authority means:

(a) a petroleum access authority granted under Part 2.8 of this Act; or

(b) an access authority granted under section 112 of the repealed Petroleum (Submerged Lands) Act 1967.

petroleum exploration permit means:

(a) a work‑bid petroleum exploration permit; or

(b) a cash‑bid petroleum exploration permit; or

(d) a boundary‑change petroleum exploration permit.

petroleum exploration permit area means the permit area of a petroleum exploration permit.

petroleum exploration permittee means the registered holder of a petroleum exploration permit.

petroleum pipeline means:

(a) a pipe, or system of pipes, in an offshore area for conveying petroleum (whether or not the petroleum is recovered from an offshore area), other than a secondary line; or

(b) a part of a pipe covered by paragraph (a); or

petroleum pool means a naturally occurring discrete accumulation of petroleum.

petroleum production licence means:

(a) a petroleum production licence granted under Part 2.4 of this Act; or

(b) a production licence granted under Division 3 of Part III of the repealed Petroleum (Submerged Lands) Act 1967; or

petroleum production licence area means the licence area of a petroleum production licence.

petroleum production licensee means the registered holder of a petroleum production licence.

petroleum pumping station means equipment for pumping petroleum or water, and includes any structure associated with that equipment.

petroleum retention lease means:

(a) a petroleum retention lease granted under Part 2.3 of this Act; or

(b) a retention lease granted under Division 2A of Part III of the repealed Petroleum (Submerged Lands) Act 1967.

petroleum retention lease area means the lease area of a petroleum retention lease.

petroleum retention lessee means the registered holder of a petroleum retention lease.

petroleum scientific investigation consent means:

(a) a petroleum scientific investigation consent granted under Part 2.9 of this Act; or

(b) a scientific investigation consent granted under section 123 of the repealed Petroleum (Submerged Lands) Act 1967.

petroleum special prospecting authority means:

(a) a petroleum special prospecting authority granted under Part 2.7 of this Act; or

(b) a special prospecting authority granted under section 111 of the repealed Petroleum (Submerged Lands) Act 1967.

petroleum tank station means a tank, or system of tanks, for holding or storing petroleum, and includes any structure associated with that tank or system of tanks.

petroleum valve station means equipment for regulating the flow of petroleum, and includes any structure associated with that equipment.

pipeline means:

(a) a petroleum pipeline; or

(b) a greenhouse gas pipeline.

pipeline licence means a pipeline licence granted under:

(a) Part 2.6 of this Act; or

(b) Division 4 of Part III of the repealed Petroleum (Submerged Lands) Act 1967.

pipeline licensee means the registered holder of a pipeline licence.

pipeline provisions means the following:

(a) Part 2.6;

(b) the definition of greenhouse gas pipeline in this section;

(d) the definition of greenhouse gas tank station in this section;

(e) the definition of greenhouse gas valve station in this section;

(f) the definition of petroleum pipeline in this section;

(g) the definition of petroleum pumping station in this section;

(h) the definition of petroleum tank station in this section;

(i) the definition of petroleum valve station in this section;

(j) the definition of pipeline in this section;

(k) item 3 of the table in subsection 569(1).

post‑commencement petroleum exploration permit means:

(a) an original petroleum exploration permit that was granted after the commencement of this section; or

(b) a petroleum exploration permit that was granted by way of renewal, where the original petroleum exploration permit was granted after the commencement of this section.

post‑commencement petroleum production licence means:

(a) a petroleum production licence that was granted to the registered holder of:

(i) a post‑commencement petroleum exploration permit; or

(ii) a post‑commencement petroleum retention lease;

that was in force over the block or blocks to which the petroleum production licence relates; or

(b) a petroleum production licence granted under section 181; or

(c) a petroleum production licence granted under section 183, where the initial petroleum production licence mentioned in section 182 was a post‑commencement petroleum production licence; or

(d) a petroleum production licence granted under section 183A; or

(e) a petroleum production licence that was granted by way of renewal, where the original petroleum production licence was granted under section 183A.

post‑commencement petroleum retention lease means:

(a) an original petroleum retention lease that was granted to the registered holder of:

(i) a post‑commencement petroleum exploration permit; or

(ii) a post‑commencement petroleum production licence;

that was in force over the block or blocks to which the original petroleum retention lease relates; or

(b) a petroleum retention lease that was granted by way of renewal, where the original petroleum retention lease was granted to the registered holder of:

(i) a post‑commencement petroleum exploration permit; or

(ii) a post‑commencement petroleum production licence;

that was in force over the block or blocks to which the original petroleum retention lease related; or

(d) a petroleum retention lease that was granted by way of renewal, where the original petroleum retention lease was granted under section 152A.

post‑commencement petroleum title means:

(a) a post‑commencement petroleum exploration permit; or

(b) a post‑commencement petroleum retention lease; or

post‑commencement State/Territory petroleum exploration title means:

(a) an original State/Territory petroleum exploration title that was granted:

(i) under a law of a State or Territory; and

(ii) after the commencement of the provisions of the law that correspond to Chapter 3; or

(b) a State/Territory petroleum exploration title that was granted by way of renewal, where the original State/Territory petroleum exploration title was granted:

(i) under a law of a State or Territory; and

(ii) after the commencement of the provisions of the law that correspond to Chapter 3.

post‑commencement State/Territory petroleum production title means:

(a) a State/Territory petroleum production title that was granted to the holder of:

(i) a post‑commencement State/Territory petroleum exploration title; or

(ii) a post‑commencement State/Territory petroleum retention title;

that was in force over the State/Territory block or State/Territory blocks to which the State/Territory petroleum production title relates; or

(b) a State/Territory petroleum production title granted under a provision of a law of a State or Territory that corresponds to section 181; or

(c) a State/Territory petroleum production title granted under a provision of a law of a State or Territory that corresponds to section 183, where the initial State/Territory petroleum production title mentioned in the provision of a law of a State or Territory that corresponds to section 182 was a post‑commencement State/Territory petroleum production title; or

(d) a State/Territory petroleum production title granted under a provision of a law of a State or Territory that corresponds to section 183A; or

(e) a State/Territory petroleum production title that was granted by way of renewal, where the original State/Territory petroleum production title was granted under a provision of a law of a State or Territory that corresponds to section 183A.

post‑commencement State/Territory petroleum retention title means:

(a) an original State/Territory petroleum retention title that was granted to the holder of:

(i) a post‑commencement State/Territory petroleum exploration title; or

(ii) a post‑commencement State/Territory petroleum production title;

that was in force over the State/Territory block or State/Territory blocks to which the original State/Territory petroleum retention title relates; or

(b) a State/Territory petroleum retention title that was granted by way of renewal, where the original State/Territory petroleum retention title was granted to the holder of:

(i) a post‑commencement State/Territory petroleum exploration title; or

(ii) a post‑commencement State/Territory petroleum production title;

that was in force over the State/Territory block or State/Territory blocks to which the original State/Territory petroleum retention title related; or

(c) a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 152A; or

(d) a State/Territory petroleum retention title that was granted by way of renewal, where the original State/Territory petroleum retention title was granted under a provision of a law of a State or Territory that corresponds to section 152A.

post‑commencement State/Territory petroleum title means:

(a) a post‑commencement State/Territory petroleum exploration title; or

(b) a post‑commencement State/Territory petroleum retention title; or

potential greenhouse gas injection site has the meaning given by section 22.

potential greenhouse gas storage formation has the meaning given by section 20.

pre‑commencement petroleum exploration permit means a petroleum exploration permit other than a post‑commencement petroleum exploration permit.

pre‑commencement petroleum production licence means a petroleum production licence other than a post‑commencement petroleum production licence.

pre‑commencement petroleum retention lease means a petroleum retention lease other than a post‑commencement petroleum retention lease.

pre‑commencement petroleum title means:

(a) a pre‑commencement petroleum exploration permit; or

(b) a pre‑commencement petroleum retention lease; or

pre‑commencement State/Territory petroleum exploration title means a State/Territory petroleum exploration title other than a post‑commencement State/Territory petroleum exploration title.

pre‑commencement State/Territory petroleum production title means a State/Territory petroleum production title other than a post‑commencement State/Territory petroleum production title.

pre‑commencement State/Territory petroleum retention title means a State/Territory petroleum retention title other than a post‑commencement State/Territory petroleum retention title.

pre‑commencement State/Territory petroleum title means:

(a) a pre‑commencement State/Territory petroleum exploration title; or

(b) a pre‑commencement State/Territory petroleum retention title; or

Principal Northern Territory offshore area means so much of the offshore area of the Northern Territory as does not consist of the Eastern Greater Sunrise offshore area.

Note: The offshore area of the Northern Territory is defined by section 8.

pumping station means:

(a) a greenhouse gas pumping station; or

(b) a petroleum pumping station.

(a) when used in Chapter 4—has the meaning given by section 467; or

(b) when used in Chapter 5—has the meaning given by section 519; or

registered holder, in relation to a title, means the person whose name is shown in the Register kept under section 469 or 521 as the holder of the title. For this purpose, a title is a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence, pipeline licence, petroleum special prospecting authority, petroleum access authority, greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority.

regulated operation means:

(a) an activity to which Chapter 2 applies; or

(b) an activity to which Chapter 3 applies.

For the purposes of paragraph (b), assume that each reference in subsection 356(1) to a substance were a reference to a greenhouse gas substance.

Regulatory Levies Act means the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

related body corporate has the same meaning as in the Corporations Act 2001.

relevant area:

(a) in relation to a State/Territory greenhouse gas assessment title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or

(b) in relation to a pre‑commencement State/Territory petroleum title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or

(c) in relation to a pre‑commencement State/Territory petroleum exploration title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or

(d) in relation to a pre‑commencement State/Territory petroleum retention title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or

(e) in relation to a State/Territory petroleum production title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title.

renewal:

(a) when used in relation to a petroleum exploration permit, petroleum retention lease or petroleum production licence—has the meaning given by subsection 11(1); or

(b) when used in relation to a greenhouse gas assessment permit or greenhouse gas holding lease—has the meaning given by subsection 11(2).

responsible Commonwealth Minister means:

(a) the Minister who is responsible for the administration of this Act; or

(b) another Minister acting for and on behalf of the Minister referred to in paragraph (a).

responsible Northern Territory Minister means:

(a) the Minister of the Northern Territory who is authorised under a law of the Northern Territory to perform the functions, and exercise the powers, of a member of the Joint Authority for the Northern Territory under this Act; or

(b) another Minister of the Northern Territory acting for and on behalf of the Minister referred to in paragraph (a).

responsible State Minister, in relation to a State, means:

(a) whichever of the following applies:

(i) the Minister of the State (other than Tasmania) who is authorised under a law of the State to perform the functions, and exercise the powers, of a member of the Joint Authority for the State under this Act;

(ii) the Minister of Tasmania who is responsible for the State PSLA for Tasmania, within the meaning of Part 6.9 (see section 643); or

(b) another Minister of the State acting for and on behalf of the Minister referred to in paragraph (a).

Royal Commission has the same meaning as in the Royal Commissions Act 1902.

Royalty Act means the Offshore Petroleum (Royalty) Act 2006.

scheduled area, in relation to a State or Territory, has the meaning given by Schedule 1.

secondary line means a pipe, or system of pipes, for:

(a) returning petroleum to a natural reservoir; or

(b) conveying petroleum for use for petroleum exploration operations; or

(d) conveying petroleum that is to be flared or vented; or

(e) conveying petroleum from a well, wherever located, to a terminal station in an offshore area without passing through another terminal station.

Secretary means the Secretary of the Department.

serious situation, in relation to an identified greenhouse gas storage formation, has the meaning given by section 379.

significant risk has a meaning affected by section 25, 26, 27, 27A, 28, 28A or 29.

site closing certificate means a certificate issued under section 392.

site plan, in relation to an identified greenhouse gas storage formation, has the meaning given by section 24.

spatial extent of an eligible greenhouse gas storage formation has the meaning given by subsection 21(3).

special cross‑boundary greenhouse gas holding lease means a greenhouse gas holding lease granted under section 342C.

special greenhouse gas holding lease means a greenhouse gas holding lease granted under section 338.

special petroleum exploration permit means:

(a) a petroleum exploration permit granted under Division 4 of Part 2.2 of this Act; or

(b) an exploration permit granted under section 27 of the repealed Petroleum (Submerged Lands) Act 1967; or

(c) a petroleum exploration permit granted under Division 5 of Part 2.2 of this Act by way of the renewal of a permit referred to in paragraph (a) or (b); or

(d) an exploration permit granted under section 32 of the repealed Petroleum (Submerged Lands) Act 1967 by way of the renewal of a permit referred to in paragraph (b).

State/Territory block, when used in relation to:

(a) a State/Territory petroleum exploration title; or

(b) a State/Territory petroleum retention title; or

(d) a State/Territory greenhouse gas assessment title;

means a block within the meaning of the State PSLA or Territory PSLA under which the title was granted, so long as no part of the block is within the limits of a State or Territory. For this purpose, State PSLA and Territory PSLA have the same meaning as in Part 6.9.

State/Territory greenhouse gas assessment title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or the Northern Territory, rights that correspond to the rights that a greenhouse gas assessment permit confers in relation to the offshore area of the State or the Principal Northern Territory offshore area, as the case requires.

State/Territory greenhouse gas storage administrator has the meaning given by section 30A.

State/Territory identified greenhouse gas storage formation means an identified greenhouse gas storage formation within the meaning of a State PSLA or Territory PSLA. For this purpose, State PSLA and Territory PSLA have the same meaning as in Part 6.9.

State/Territory petroleum exploration title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, rights that correspond to the rights that a petroleum exploration permit confers in relation to the offshore area of the State or Territory.

State/Territory petroleum production title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, rights that correspond to the rights that a petroleum production licence confers in relation to the offshore area of the State or Territory.

State/Territory petroleum retention title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, rights that correspond to the rights that a petroleum retention lease confers in relation to the offshore area of the State or Territory.

State title means an authority, however described, under a law of a State, to explore for, or to recover, petroleum.

structural integrity includes the following:

(a) structural soundness;

(b) structural strength;

(d) fitness for purpose;

(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.

structural integrity law means the provisions of this Act or the regulations to the extent to which the provisions relate to the structural integrity of:

(a) facilities (within the meaning of Schedule 3); or

(b) wells; or

tank station means:

(a) a greenhouse gas tank station; or

(b) a petroleum tank station.

term:

(a) when used in relation to a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence, pipeline licence, petroleum special prospecting authority or petroleum access authority—has the meaning given by subsection 10(1); or

(b) when used in relation to a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority—has the meaning given by subsection 10(2).

terminal point has the meaning given by section 17.

terminal station has the meaning given by section 16.

Territory means a Territory in which this Act applies or to which this Act extends.

tied, in relation to a greenhouse gas holding lease or greenhouse gas injection licence, has the meaning given by section 13.

Timorese Designated Authority means the authority that is the Designated Authority under paragraph 2 of Article 6 of Annex B to the Timor Sea Maritime Boundaries Treaty.

Timor Sea Maritime Boundaries Treaty means the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time.

Note: The Timor Sea Maritime Boundaries Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

title:

(a) when used in the definition of registered holder—has the meaning given by the second sentence of that definition; or

(b) when used in Subdivision A of Division 2 of Part 1.2—has the meaning given by section 38; or

(e) when used in section 282—has the meaning given by subsection 282(6); or

(f) when used in section 462—has the meaning given by subsection 462(6); or

(g) when used in Chapter 4—has the meaning given by section 467; or

(ga) when used in Chapter 5—has the meaning given by section 519; or

(gb) when used in Chapter 5A—has the meaning given by section 566A; or

(h) when used in section 574—has the meaning given by subsection 574(1); or

(ha) when used in section 574A—has the meaning given by subsection 574A(1); or

(i) when used in Division 2A of Part 6.2—has the meaning given by subsection 576A(3); or

(ia) when used in section 579A—has the meaning given by subsection 579A(1); or

(j) when used in section 580—has the meaning given by subsection 580(1).

title area:

(a) when used in Division 3 of Part 1.2—has the meaning given by section 51; or

(b) when used in section 572—has the meaning given by subsection 572(1); or

(ba) when used in Division 2A of Part 6.2—has the meaning given by subsection 576A(3); or

(d) when used in section 586A—has the meaning given by subsection 586A(7).

titleholder:

(a) when used in Division 3 of Part 1.2—has the meaning given by section 51; or

(b) when used in section 572—has the meaning given by subsection 572(1).

titleholder’s representative: see section 602K.

Titles Administrator means the National Offshore Petroleum Titles Administrator.

vacated area has the meaning given by section 14.

valve station means:

(a) a greenhouse gas valve station; or

(b) a petroleum valve station.

vessel means a vessel used in navigation, other than air navigation, and includes a barge, lighter or other floating vessel.

water line means a pipe, or system of pipes, for conveying water in connection with:

(a) petroleum exploration operations; or

(b) petroleum recovery operations; or

(d) exploration for potential greenhouse gas injection sites; or

(e) the injection of a greenhouse gas substance into an identified greenhouse gas storage formation; or

(f) the injection, on an appraisal basis, of a greenhouse gas substance into a part of a geological formation; or

(g) the injection, on an appraisal basis, of air, petroleum or water into a part of a geological formation.

well means a hole in the seabed or subsoil made by drilling, boring or any other means in connection with:

(a) exploration for petroleum; or

(b) petroleum recovery operations; or

(d) exploration for potential greenhouse gas injection sites; or

(e) the injection of a greenhouse gas substance into an identified greenhouse gas storage formation; or

(f) the injection, on an appraisal basis, of a greenhouse gas substance into a part of a geological formation; or

(g) the injection, on an appraisal basis, of air, petroleum or water into a part of a geological formation;

but does not include a seismic shot hole.

well integrity law has the same meaning as in Schedule 2B.

well‑related equipment means any:

(a) plant; or

(b) equipment; or

for containing pressure in a well.

Western Greater Sunrise area has the meaning given by Schedule 7.

wholly cancelled, in relation to a petroleum exploration permit, petroleum production licence or pipeline licence, means cancelled as to all the blocks, or as to the whole of the pipeline, the subject of the permit or licence.

wholly revoked, in relation to a petroleum exploration permit or petroleum retention lease, means revoked as to all the blocks the subject of the permit or lease.

wholly terminated, in relation to a pipeline licence, means terminated as to the whole of the pipeline the subject of the licence.

work‑bid greenhouse gas assessment permit means:

(a) a greenhouse gas assessment permit granted under Division 2 of Part 3.2; or

(b) a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of the renewal of a permit referred to in paragraph (a).

work‑bid petroleum exploration permit means:

(a) a petroleum exploration permit granted under Division 2 of Part 2.2 of this Act; or

(b) an exploration permit granted under section 22 of the repealed Petroleum (Submerged Lands) Act 1967; or

(c) a petroleum exploration permit granted under Division 5 of Part 2.2 of this Act by way of the renewal of a permit referred to in paragraph (a) or (b); or

(d) an exploration permit granted under section 32 of the repealed Petroleum (Submerged Lands) Act 1967 by way of the renewal of a permit referred to in paragraph (b).

8 Offshore areas of the States and Territories

(1) For the purposes of this Act, the table has effect:

Offshore areas
Item	The offshore area of...	is...
1	(a) New South Wales; or (b) Victoria; or (c) South Australia; or (d) Tasmania	so much of the scheduled area for that State as comprises waters of the sea that are: (a) beyond the outer limits of the coastal waters of that State; and (b) within the outer limits of the continental shelf.
2	Queensland	both of the following areas: (a) so much of the scheduled area for Queensland as comprises waters of the sea that are: (i) beyond the outer limits of the coastal waters of Queensland; and (ii) within the outer limits of the continental shelf; (b) the Coral Sea area (as defined by subsection (2)).
3	Western Australia	so much of the scheduled area for Western Australia as comprises waters of the sea that are: (a) beyond the outer limits of the coastal waters of Western Australia; and (b) within the outer limits of the continental shelf.
4	the Northern Territory	both of the following: (a) so much of the scheduled area for the Northern Territory as comprises waters of the sea that are: (i) beyond the outer limits of the coastal waters of the Northern Territory; and (ii) within the outer limits of the continental shelf; (b) the Eastern Greater Sunrise offshore area.
5	the Territory of Ashmore and Cartier Islands	so much of the scheduled area for that Territory as consists of land and water that is within the outer limits of the continental shelf.
6	Norfolk Island	the area whose boundaries are: (a) the coastline at mean low water of Norfolk Island; and (b) the outer limit of the superjacent waters of the continental shelf adjacent to the coast of Norfolk Island.
7	the Territory of Heard Island and McDonald Islands	the area whose boundaries are: (a) the coastlines at mean low water of the islands comprising that Territory; and (b) the outer limit of the superjacent waters of the continental shelf adjacent to the coasts of those islands.
8	the Territory of Christmas Island	the area whose boundaries are: (a) the coastline at mean low water of Christmas Island; and (b) the outer limit of the superjacent waters of the continental shelf adjacent to the coast of Christmas Island.
9	the Territory of Cocos (Keeling) Islands	both of the following areas: (a) the area whose boundaries are the coastline at mean low water of the north atoll of that Territory (otherwise called North Keeling Island), and the outer limit of the superjacent waters of the continental shelf adjacent to the coast of that Island; (b) the area whose boundaries are the coastlines at mean low water of the remaining islands of that Territory, and the outer limit of the superjacent waters of the continental shelf adjacent to the coasts of those islands.

Note: The offshore area of a State or Territory corresponds to the adjacent area under the repealed Petroleum (Submerged Lands) Act 1967.

(2) For the purposes of this section, the Coral Sea area is so much of the area to the east of the area described in paragraph (a) of item 2 of the table in subsection (1) as comprises waters of the sea that are within the outer limits of the continental shelf, other than any part of that area that is:

(a) to the south of the parallel of Latitude 25°S; or

(b) on the landward side of the coastline of any island at mean low water.

Note: For datum, see section 40.

Territory of Ashmore and Cartier Islands—land taken to be beneath the sea etc.

(3) This Act has effect in relation to so much of the offshore area of the Territory of Ashmore and Cartier Islands as consists of land as if that land were:

(a) beneath the sea; and

(b) part of the seabed and subsoil of that offshore area.

Areas of the continental shelf over which Australia does not exercise sovereign rights

(4) For the purposes of:

(a) an item in the table in subsection (1); and

(b) subsection (2);

the continental shelf does not include any area of seabed and subsoil that, as a result of an agreement in force between Australia and a foreign country, is not an area over which Australia exercises sovereign rights.

8A Pipeline international offshore areas treated as offshore areas

(1) The provisions of this Act listed in subsection (2), and regulations or other instruments made for the purposes of those provisions, apply in relation to each of the following areas as if it were an offshore area:

(a) the Bayu‑Undan pipeline international offshore area (which is described in Schedule 8);

(b) the Greater Sunrise pipeline international offshore area (if it is declared under section 780P).

(2) The provisions are as follows:

(a) the following definitions in section 7:

(i) definition of Joint Authority;

(ii) definition of petroleum pipeline;

(iii) definition of secondary line;

(b) section 9;

(d) section 30;

(e) subsection 56(1);

(f) Division 1 of Part 2.6;

(g) subsection 221(5) so far as it refers to construction in an offshore area of a petroleum pipeline but not so far as it refers to petroleum recovered from a place beyond the outer limits of any offshore area;

(h) Division 3 of Part 2.6;

(i) Division 1 of Part 2.12;

(j) section 280;

(k) Parts 4.1 and 4.2;

(l) Parts 6.1, 6.1A and 6.2;

(m) Division 1 of Part 6.4;

(n) Divisions 1, 4, 5 and 6 of Part 6.5;

(o) Divisions 1 and 2 of Part 6.6;

(p) section 695R;

(q) Part 7.1;

(r) section 778;

(s) subsection 780A(5);

(t) items 12 and 13 of the table in subsection 782(1).

Note: Although the Greater Sunrise pipeline international offshore area is treated as an offshore area for the purposes of only one of the references to offshore area in Division 2 (Obtaining a pipeline licence) of Part 2.6 (see paragraph (g) of this subsection), that does not prevent an application for, or the grant of, a pipeline licence for a petroleum pipeline in the Greater Sunrise pipeline international offshore area.

Other modifications

(3) Paragraphs 227(6)(d) and 506(1)(f) apply as if:

(a) the Bayu‑Undan pipeline international offshore area were an offshore area relating to Western Australia; and

(b) the Greater Sunrise pipeline international offshore area were an offshore area relating to the Northern Territory.

Other modifications relating to Bayu‑Undan pipeline international offshore area

(4) Despite subsection 217(1), a person cannot apply for the grant of a pipeline licence authorising construction of a pipeline in the Bayu‑Undan pipeline international offshore area.

Note: On the commencement of this section, a pipeline licence is automatically granted authorising the pipeline that existed in the Bayu‑Undan pipeline international offshore area immediately before that commencement: see Schedule 1 to the Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019.

Other modifications relating to Greater Sunrise pipeline international offshore area

(5) Subsections 223(2) and (3) apply to an application for a pipeline licence relating to the construction of a petroleum pipeline in the Greater Sunrise pipeline international offshore area as if:

(a) references in paragraphs 223(2)(a) and (3)(a) to a petroleum production licence area were references to the Greater Sunrise special regime area; and

(b) references in paragraphs 223(2)(b) and (3)(b) to the petroleum production licensee were references to a person covered by the definition of Greater Sunrise Contractor in paragraph 1(i) of Article 1 of the Timor Sea Maritime Boundaries Treaty; and

(c) the reference in subparagraph 223(2)(c)(i) to the petroleum production licence were a reference to the Greater Sunrise Production Sharing Contract within the meaning of that treaty.

(6) Item 5 of the table in subsection 262(1) applies in relation to a pipeline licence relating to the construction of a petroleum pipeline in the Greater Sunrise pipeline international offshore area as if the references to a petroleum production licensee and the licensee were a reference to a person who:

(a) applied for the pipeline licence; and

(b) is a person covered by the definition of Greater Sunrise Contractor in paragraph 1(i) of Article 1 of the Timor Sea Maritime Boundaries Treaty.

9 Spaces above and below offshore areas

For the purposes of this Act:

(a) the space above or below an offshore area is taken to be in that area; and

(b) the space above or below an area that is part of an offshore area is taken to be in that part.

10 Term of titles

Petroleum titles

(1) For the purposes of this Act, the table has effect:

Term of title etc.
Item	A reference in this Act to...	is a reference to...
1	the term of: (a) a petroleum exploration permit; or (b) a petroleum retention lease; or (c) a petroleum production licence; or (d) an infrastructure licence; or (e) a pipeline licence; or (f) a petroleum special prospecting authority; or (g) a petroleum access authority;	the period during which the permit, lease, licence or authority remains in force.
2	a year of the term of: (a) a petroleum exploration permit; or (b) a petroleum retention lease; or (c) a petroleum production licence; or (d) an infrastructure licence; or (e) a pipeline licence;	a period of one year beginning on: (a) the day on which the permit, lease or licence comes into force; or (b) any anniversary of that day.
3	the expiry date of: (a) a petroleum exploration permit; or (b) a petroleum retention lease; or (c) a petroleum production licence;	the day on which the permit, lease or licence ceases to be in force.

Greenhouse gas titles

(2) For the purposes of this Act, the table has effect:

Term of title etc.
Item	A reference in this Act to...	is a reference to...
1	the term of: (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease; or (c) a greenhouse gas injection licence; or (d) a greenhouse gas search authority; or (e) a greenhouse gas special authority;	the period during which the permit, lease, licence or authority remains in force.
2	a year of the term of: (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease; or (c) a greenhouse gas injection licence;	a period of one year beginning on: (a) the day on which the permit, lease or licence comes into force; or (b) any anniversary of that day.
3	the expiry date of: (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease (other than a special greenhouse gas holding lease);	the day on which the permit or lease ceases to be in force.

11 Renewal of titles

Petroleum titles

(1) For the purposes of this Act, the table has effect:

Renewal of titles
	Column 1	Column 2
Item	A reference in this Act to...	is a reference to...
1	the renewal, or the grant of a renewal, of a petroleum exploration permit	the grant of a petroleum exploration permit over some or all of the blocks specified in the permit mentioned in column 1, to begin on: (a) the day after the expiry date of the permit mentioned in column 1; or (b) the day after the expiry date of the petroleum exploration permit granted on a previous renewal of the permit mentioned in column 1.
2	the renewal, or the grant of a renewal, of a petroleum retention lease	the grant of a petroleum retention lease over all of the blocks in relation to which the lease mentioned in column 1 was in force, to begin on: (a) the day after the expiry date of the lease mentioned in column 1; or (b) the day after the expiry date of the petroleum retention lease granted on a previous renewal of the lease mentioned in column 1.
3	the renewal, or the grant of a renewal, of a petroleum production licence	the grant of a petroleum production licence over the block or blocks specified in the licence mentioned in column 1, to begin on: (a) the day after the expiry date of the licence mentioned in column 1; or (b) the day after the expiry date of the petroleum production licence granted on a previous renewal of the licence mentioned in column 1.

(1A) If:

(a) a petroleum exploration permit has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and

(b) as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:

(i) ceases to be within the offshore area of the State or Territory; and

(ii) falls within the coastal waters of the State or Territory; and

then, in determining what constitutes the renewal, or the grant of a renewal, of the permit, item 1 of the table in subsection (1) has effect as if:

(d) the permit had been varied to exclude from the permit area any area that is not within the offshore area of the State or Territory; and

(e) the variation had taken effect immediately after the change.

Note: This means that an application for renewal of the permit may be made, and the permit may be renewed, as if the permit had been so varied.

(1B) For the purposes of subsection (1A):

(a) disregard section 283; and

(b) it is immaterial whether the change occurred before, at or after the commencement of this subsection.

(1C) If:

(a) a petroleum retention lease has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and

(b) as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:

(i) ceases to be within the offshore area of the State or Territory; and

(ii) falls within the coastal waters of the State or Territory; and

then, in determining what constitutes the renewal, or the grant of a renewal, of the lease, item 2 of the table in subsection (1) has effect as if:

(d) the lease had been varied to exclude from the lease area any area that is not within the offshore area of the State or Territory; and

(e) the variation had taken effect immediately after the change.

Note: This means that an application for renewal of the lease may be made, and the lease may be renewed, as if the lease had been so varied.

(1D) For the purposes of subsection (1C):

(a) disregard section 283; and

(b) it is immaterial whether the change occurred before, at or after the commencement of this subsection.

(1E) If:

(a) a petroleum production licence has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and

(b) as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:

(i) ceases to be within the offshore area of the State or Territory; and

(ii) falls within the coastal waters of the State or Territory; and

then, in determining what constitutes the renewal, or the grant of a renewal, of the licence, item 3 of the table in subsection (1) has effect as if:

(d) the licence had been varied to exclude from the licence area any area that is not within the offshore area of the State or Territory; and

(e) the variation had taken effect immediately after the change.

Note: This means that an application for renewal of the licence may be made, and the licence may be renewed, as if the licence had been so varied.

(1F) For the purposes of subsection (1E):

(a) disregard section 283; and

(b) it is immaterial whether the change occurred before, at or after the commencement of this subsection.

Greenhouse gas titles

(2) For the purposes of this Act, the table has effect:

Renewal of title
	Column 1		Column 2
Item	A reference in this Act to...		is a reference to...
1A	the renewal, or the grant of a renewal, of a greenhouse gas assessment permit	the grant of a greenhouse gas assessment permit over all of the blocks in relation to which the permit mentioned in column 1 was in force, to begin on the day after the expiry date of the permit mentioned in column 1.
1	the renewal, or the grant of a renewal, of a greenhouse gas holding lease		the grant of a greenhouse gas holding lease over all of the blocks in relation to which the lease mentioned in column 1 was in force, to begin on the day after the expiry date of the lease mentioned in column 1.

(3) If:

(a) a greenhouse gas assessment permit has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and

(b) as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:

(i) ceases to be within the offshore area of the State or Territory; and

(ii) falls within the coastal waters of the State or Territory; and

then, in determining what constitutes the renewal, or the grant of a renewal, of the permit, item 1A of the table in subsection (2) has effect as if:

(d) the permit had been varied to exclude from the permit area any area that is not within the offshore area of the State or Territory; and

(e) the variation had taken effect immediately after the change.

Note: This means that an application for renewal of the permit may be made, and the permit may be renewed, as if the permit had been so varied.

(4) For the purposes of subsection (3):

(a) disregard section 463; and

(b) it is immaterial whether the change occurred before, at or after the commencement of this subsection.

(5) If:

(a) a greenhouse gas holding lease has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and

(b) as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:

(i) ceases to be within the offshore area of the State or Territory; and

(ii) falls within the coastal waters of the State or Territory; and

then, in determining what constitutes the renewal, or the grant of a renewal, of the lease, item 1 of the table in subsection (2) has effect as if:

(d) the lease had been varied to exclude from the lease area any area that is not within the offshore area of the State or Territory; and

(e) the variation had taken effect immediately after the change.

Note: This means that an application for renewal of the lease may be made, and the lease may be renewed, as if the lease had been so varied.

(6) For the purposes of subsection (5):

(a) disregard section 463; and

(b) it is immaterial whether the change occurred before, at or after the commencement of this subsection.

12 Variation of titles

Petroleum titles

(1) If a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence, pipeline licence, petroleum special prospecting authority or petroleum access authority is varied, a reference in this Act to the permit, lease, licence or authority is a reference to the permit, lease, licence or authority as varied.

Greenhouse gas titles

(2) If:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

(d) a greenhouse gas search authority; or

(e) a greenhouse gas special authority;

is varied, a reference in this Act to the permit, lease, licence or authority is a reference to the permit, lease, licence or authority as varied.

13 Tied titles

Scope

(1) This section applies if a greenhouse gas holding lease (the greenhouse gas lease) is granted under section 345 to the registered holder of a petroleum retention lease (the petroleum lease).

Tied titles

(2) For the purposes of this Act, each of the following:

(a) the greenhouse gas lease;

(b) a greenhouse gas holding lease granted by way of renewal of the greenhouse gas lease;

is tied to each of the following:

(d) the petroleum lease;

(e) a petroleum retention lease granted by way of renewal of the petroleum lease;

(f) a petroleum production licence derived from a lease referred to in paragraph (d) or (e).

14 Vacated area for a permit, lease, licence or authority

(1) The following table sets out the vacated area for a permit, lease, licence or authority that has ceased to be in force, either in whole or in part.

Vacated area
Item	In the case of …	the vacated area is …
1	a petroleum exploration permit, petroleum retention lease or petroleum production licence that has expired	the permit area, lease area or licence area.
2	a petroleum exploration permit, petroleum retention lease or petroleum production licence that has been wholly revoked or partly revoked	the area constituted by the blocks as to which the permit, lease or licence was so revoked.
3	a petroleum exploration permit or petroleum production licence that has been wholly cancelled or partly cancelled	the area constituted by the blocks as to which the permit or licence was so cancelled.
4	a petroleum exploration permit or petroleum production licence that has been wholly surrendered or partly surrendered	the area constituted by the blocks as to which the permit or licence was so surrendered.
5	a petroleum retention lease that has been surrendered or cancelled	the lease area.
6	a petroleum production licence that has been terminated	the licence area.
7	an infrastructure licence that has been cancelled or terminated	the licence area.
8	an infrastructure licence that has been surrendered	the licence area.
9	a pipeline licence that has been wholly or partly terminated	the part of the offshore area in which the pipeline or the part of the pipeline was constructed.
10	a pipeline licence that has been wholly cancelled or partly cancelled	the part of the offshore area in which the pipeline or the part of the pipeline was constructed.
11	a pipeline licence that has been wholly or partly surrendered	the part of the offshore area in which the pipeline or the part of the pipeline was constructed.
12	a petroleum special prospecting authority that: (a) has been surrendered or cancelled; or (b) has expired	the authority area.
13	a petroleum access authority that: (a) has been revoked or surrendered; or (b) has expired	the authority area.
14	a greenhouse gas assessment permit that has expired	the permit area.
15	a greenhouse gas holding lease (other than a special greenhouse gas holding lease) that has expired	the lease area.
16	a greenhouse gas assessment permit that has been cancelled or surrendered	the permit area.
17	a greenhouse gas holding lease that has been cancelled or surrendered	the lease area.
18	a greenhouse gas injection licence that has been cancelled or terminated	the licence area.
19	a greenhouse gas injection licence that has been wholly or partly surrendered	the area constituted by the blocks as to which the licence was so surrendered.
20	a greenhouse gas search authority that: (a) has been surrendered or cancelled; or (b) has expired	the authority area.
21	a greenhouse gas special authority that: (a) has been revoked or surrendered; or (b) has expired	the authority area.

(2) To avoid doubt, an area for a permit, lease, licence or authority that has ceased to be in force is a vacated area for the permit, lease, licence or authority even if the title area (within the meaning of section 572) of another title overlaps, in whole or in part, that area.

15 Infrastructure facilities

Definition

(1) For the purposes of this Act, an infrastructure facility is a facility, structure or installation for engaging in any of the activities to which subsection (2) or (3) applies, so long as:

(a) the facility, structure or installation rests on the seabed; or

(b) the facility, structure or installation is fixed or connected to the seabed (whether or not the facility is floating); or

(c) the facility, structure or installation is attached or tethered to a facility, structure or installation referred to in paragraph (a) or (b).

Petroleum activities

(2) This subsection applies to the following activities:

(a) remote control of facilities, structures or installations used to recover petroleum in a petroleum production licence area;

(b) processing petroleum recovered in any place, including:

(i) converting petroleum into another form by physical or chemical means, or both (for example, converting it into liquefied natural gas or methanol); and

(ii) partial processing of petroleum (for example, by removing water);

(d) preparing petroleum for transport to another place (for example, pumping or compressing);

(e) activities related to any of the above;

but, except as mentioned in paragraph (a), this subsection does not apply to exploring for, or recovering, petroleum.

Greenhouse gas activities

(3) This subsection applies to the following activities:

(a) activities preparatory to injecting a greenhouse gas substance into an identified greenhouse gas storage formation (for example, controlling the flow of a greenhouse gas substance into the relevant well);

(b) preparing a greenhouse gas substance for injection into an identified greenhouse gas storage formation (for example, pumping, processing or compressing);

(d) storing a greenhouse gas substance before it is:

(i) transported to another place; or

(ii) injected into an identified greenhouse gas storage formation; or

(iii) subjected to any other activity at a facility, structure or installation;

(e) monitoring the behaviour of a greenhouse gas substance stored in an identified greenhouse gas storage formation;

(f) remote control of facilities, structures or installations used to:

(i) inject a greenhouse gas substance into an identified greenhouse gas storage formation; or

(ii) store a greenhouse gas substance in an identified greenhouse gas storage formation; or

(iii) do anything mentioned in any of the above paragraphs;

(g) activities related to any of the above.

(4) For the purposes of subsection (3), the injection of a greenhouse gas substance into an identified greenhouse gas storage formation is taken to take place at the top of the relevant well.

16 Terminal station

(1) The Titles Administrator may, by notice published in the Gazette, declare any of the following to be a terminal station for the purposes of this Act:

(a) a specified petroleum pumping station in an offshore area;

(b) a specified petroleum tank station in an offshore area;

(2) A declaration under subsection (1) has effect accordingly.

(3) To avoid doubt, a declaration may be made under subsection (1) whether or not a person has applied for a pipeline licence.

17 Terminal point

(1) The responsible Commonwealth Minister may, by notice published in the Gazette, declare that a specified point on a pipe, or system of pipes, for conveying a greenhouse gas substance is a terminal point for the purposes of this Act.

(2) A declaration under subsection (1) has effect accordingly.

(3) To avoid doubt, a declaration may be made under subsection (1) whether or not a person has applied for a pipeline licence.

18 Declared greenhouse gas facility

(1) The responsible Commonwealth Minister may, by notice published in the Gazette, declare that a specified facility, structure or installation in a greenhouse gas injection licence area is a declared greenhouse gas facility for the purposes of this Act.

(2) A declaration under subsection (1) has effect accordingly.

19 Extended meaning of explore

Petroleum

(1) For the purposes of this Act, if:

(a) a person:

(i) carries out a seismic survey, or any other kind of survey, in an offshore area; or

(ii) takes samples of the seabed or subsoil of an offshore area; and

(b) the person does so with the intention that the person or another could use the survey data, or information derived from the samples, as the case may be, for the purpose of discovering petroleum;

the person is taken to explore for petroleum.

Potential greenhouse gas storage formation

(2) For the purposes of this Act, if:

(a) a person:

(i) carries out a seismic survey, or any other kind of survey, in an offshore area; or

(ii) takes samples of the seabed or subsoil of an offshore area; and

(b) the person does so with the intention that the person or another could use the survey data, or information derived from the samples, as the case may be, for the purpose of discovering one or more potential greenhouse gas storage formations;

the person is taken to explore for those potential greenhouse gas storage formations.

(3) For the purposes of this Act, if:

(a) a person has reasonable grounds to suspect that a part of a geological formation could be an eligible greenhouse gas storage formation; and

(b) the person carries out an activity for the purposes of ascertaining either or both of the following:

(i) the spatial extent of the eligible greenhouse gas storage formation;

(ii) any of the fundamental suitability determinants of the eligible greenhouse gas storage formation;

the person is taken to explore for a potential greenhouse gas formation.

Potential greenhouse gas injection site

(4) For the purposes of this Act, if:

(a) a person:

(i) carries out a seismic survey, or any other kind of survey, in an offshore area; or

(ii) takes samples of the seabed or subsoil of an offshore area; and

the person is taken to explore for those potential greenhouse gas injection sites.

20 Potential greenhouse gas storage formation

(1) For the purposes of this Act, a potential greenhouse gas storage formation is a part of a geological formation, where that part is suitable, with or without engineering enhancements, for the permanent storage of a greenhouse gas substance injected into that part.

(2) For the purposes of subsection (1), it is not necessary to identify the greenhouse gas substance.

(3) For the purposes of subsection (1), in determining whether a part of a geological formation is suitable, with or without engineering enhancements, for the permanent storage of a greenhouse gas substance injected into that part, regard may be had to reasonably foreseeable technological developments.

21 Eligible greenhouse gas storage formation

(1) For the purposes of this Act, an eligible greenhouse gas storage formation is a part of a geological formation, where that part:

(a) is suitable, without engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period; or

(b) is suitable, with engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period.

(2) An amount referred to in paragraph (1)(a) or (b) must be at least 100,000 tonnes.

Spatial extent

(3) For the purposes of this Act, the spatial extent of an eligible greenhouse gas storage formation is the expected migration pathway or pathways, over the period:

(a) beginning at the start of the particular period referred to in whichever of paragraph (1)(a) or (b) is applicable; and

(b) ending at the notional site closing certificate time;

of the particular amount of the particular greenhouse gas substance injected as mentioned in whichever of paragraph (1)(a) or (b) is applicable.

(4) In determining the spatial extent of an eligible greenhouse gas storage formation, regard must be had to:

(a) the fundamental suitability determinants; and

(b) such other matters as are relevant.

(5) The regulations may provide that the expected migration pathway or pathways are to be ascertained on the basis of:

(a) one or more assumptions (if any) specified in the regulations; and

(b) a level of probability specified in the regulations; and

Notional site closing certificate time

(6) For the purposes of the application of this section to a part of a geological formation covered by paragraph (1)(a), the notional site closing certificate time is worked out as follows:

(a) assume that the particular amount of the particular greenhouse gas substance referred to in that paragraph was injected at the particular point or points referred to in that paragraph over the particular period referred to in that paragraph;

(b) assume that, throughout that period, that part was an identified greenhouse gas storage formation;

(i) were authorised by a greenhouse gas injection licence; and

(ii) complied with the requirements of this Act and the regulations;

(d) assume that, at the end of that period, operations for the injection of the greenhouse gas substance into that part ceased;

(e) estimate the earliest time after the end of that period when the responsible Commonwealth Minister would be in a position to issue a site closing certificate in relation to the identified greenhouse gas storage formation;

(f) that time is the notional site closing certificate time.

(7) For the purposes of the application of this section to a part of a geological formation covered by paragraph (1)(b), the notional site closing certificate time is worked out as follows:

(a) assume that the engineering enhancements referred to in that paragraph had been made;

(b) assume that the particular amount of the particular greenhouse gas substance referred to in that paragraph was injected at the particular point or points referred to in that paragraph over the particular period referred to in that paragraph;

(d) assume that, throughout that period, operations for the injection of the greenhouse gas substance into that part:

(i) were authorised by a greenhouse gas injection licence; and

(ii) complied with the requirements of this Act and the regulations;

(e) assume that, at the end of that period, operations for the injection of the greenhouse gas substance into that part ceased;

(f) estimate the earliest time after the end of that period when the responsible Commonwealth Minister would be in a position to issue a site closing certificate in relation to the identified greenhouse gas storage formation;

(g) that time is the notional site closing certificate time.

(7A) In making an estimate under paragraph (6)(e) or (7)(f), disregard subsection 388(8).

Fundamental suitability determinants

(8) For the purposes of this Act, the following are the fundamental suitability determinants of an eligible greenhouse gas storage formation:

(a) the particular amount referred to in whichever of paragraph (1)(a) or (b) is applicable;

(b) the particular greenhouse gas substance referred to in whichever of paragraph (1)(a) or (b) is applicable;

(d) the particular period referred to in whichever of paragraph (1)(a) or (b) is applicable;

(e) if paragraph (1)(b) is applicable—the engineering enhancements referred to in that paragraph;

(f) the effective sealing feature, attribute or mechanism that enables the permanent storage referred to in whichever of paragraph (1)(a) or (b) is applicable.

22 Potential greenhouse gas injection site

For the purposes of this Act, a potential greenhouse gas injection site is a place that:

(a) is a suitable place to make a well or wells to inject a greenhouse gas substance into a part of a geological formation; and

(b) is wholly situated in one or more offshore areas.

23 Incidental greenhouse gas‑related substance

Scope

(1) This section applies if either or both of the following substances (primary greenhouse gas substances) are captured from a particular source material:

(a) carbon dioxide;

(b) one or more prescribed greenhouse gases.

Incidental greenhouse gas‑related substance

(2) For the purposes of this Act, the following are incidental greenhouse gas‑related substances in relation to a primary greenhouse gas substance:

(a) any substance that is incidentally derived from the source material;

(b) any substance that is incidentally derived from the capture;

(c) if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is transported—any substance that is incidentally derived from the transportation;

(d) if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is injected into a part of a geological formation—any substance that is incidentally derived from the injection;

(e) if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is stored in a part of a geological formation—any substance that is incidentally derived from the storage.

24 Site plan—identified greenhouse gas storage formation

For the purposes of this Act, a site plan, in relation to an identified greenhouse gas storage formation, is a document that:

(a) relates to the identified greenhouse gas storage formation; and

(b) complies with such requirements as are specified in the regulations; and

(i) Part A, which sets out predictions for the behaviour of a greenhouse gas substance stored in the identified greenhouse gas storage formation;

(ii) Part B, which deals with other matters.

24A Compatible cross‑boundary law

(1) The responsible Commonwealth Minister may, by legislative instrument, declare a law of a State to be a compatible cross‑boundary law for the purposes of this Act.

(2) The responsible Commonwealth Minister may, by legislative instrument, declare a law of the Northern Territory to be a compatible cross‑boundary law for the purposes of this Act.

(3) The responsible Commonwealth Minister must not, in exercising the power conferred by subsection (1), give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.

25 Significant risk of a significant adverse impact—approval of key petroleum operations

(1) For the purposes of sections 100, 101, 137, 138, 163 and 164 and paragraph 749(2)(a), the question of whether there is a significant risk that a key petroleum operation will have a significant adverse impact on:

(a) operations for the injection of a greenhouse gas substance; or

(b) operations for the storage of a greenhouse gas substance;

is to be determined in a manner ascertained in accordance with the regulations.

(2) A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:

(a) the probability, or range of probabilities, of the occurrence of the adverse impact; and

(b) the economic consequences of the adverse impact; and

(c) the economic consequences of the adverse impact relative to the potential economic value of the operations referred to in whichever of paragraph (1)(a) or (b) is applicable.

(3) Subsection (2) does not limit the matters that may be taken into account.

(4) Subsections (1) and (2) have effect subject to subsections (5) and (6).

(5) For the purposes of sections 100, 101, 137, 138, 163 and 164 and paragraph 749(2)(a), a key petroleum operation will have an adverse impact on:

(a) operations for the injection of a greenhouse gas substance; or

(b) operations for the storage of a greenhouse gas substance;

(the relevant greenhouse gas operations) if, and only if, the key petroleum operation will result in:

(d) an increase in the operating costs (other than prescribed costs) of the relevant greenhouse gas operations; or

(e) a reduction in the rate of injection of the greenhouse gas substance; or

(f) a reduction in the quantity of the greenhouse gas substance that will be able to be stored.

(6) For the purposes of sections 100, 101, 137, 138, 163 and 164 and paragraph 749(2)(a), if there is a risk that a key petroleum operation will have an adverse impact on:

(a) operations for the injection of a greenhouse gas substance; or

(b) operations for the storage of a greenhouse gas substance;

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the key petroleum operation is less than the amount that, under the regulations, is taken to be the threshold amount.

26 Significant risk of a significant adverse impact—grant of petroleum production licence

(1) For the purposes of sections 171 and 173, the question of whether there is a significant risk that any of the operations that could be carried on under a petroleum production licence will have a significant adverse impact on operations that are being, or could be, carried on under:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

is to be determined in a manner ascertained in accordance with the regulations.

(2) A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:

(a) the probability, or range of probabilities, of the occurrence of the adverse impact; and

(b) the economic consequences of the adverse impact; and

(c) the economic consequences of the adverse impact relative to the potential economic value of the operations that are being, or could be, carried on under the permit, lease or licence referred to in whichever of paragraph (1)(a), (b) or (c) is applicable.

(3) Subsection (2) does not limit the matters that may be taken into account.

(4) Subsections (1) and (2) have effect subject to subsections (5) and (6).

(5) For the purposes of sections 171 and 173, an operation that could be carried on under a petroleum production licence (the petroleum production licence operation) will have an adverse impact on operations (the relevant greenhouse gas operations) that are being, or could be, carried on under:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

if, and only if, the petroleum production licence operation will result in:

(d) an increase in the capital costs (other than prescribed costs) of the relevant greenhouse gas operations; or

(e) an increase in the operating costs (other than prescribed costs) of the relevant greenhouse gas operations; or

(f) a reduction in the rate of injection of the greenhouse gas substance; or

(g) a reduction in the quantity of the greenhouse gas substance that will be able to be stored.

(6) For the purposes of sections 171 and 173, if there is a risk that an operation that could be carried on under a petroleum production licence (the petroleum production licence operation) will have an adverse impact on operations that are being, or could be, carried on under:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the petroleum production licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.

27 Significant risk of a significant adverse impact—approval of key greenhouse gas operations (general)

(1) For the purposes of sections 292 and 321 and paragraph 749(2)(b), the question of whether there is a significant risk that a key greenhouse gas operation will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(a) an existing petroleum exploration permit; or

(b) an existing petroleum retention lease; or

(d) a future petroleum exploration permit; or

(e) a future petroleum retention lease; or

(f) a future petroleum production licence;

is to be determined in a manner ascertained in accordance with the regulations.

(2) A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:

(a) the probability, or range of probabilities, of the occurrence of the adverse impact; and

(b) the economic consequences of the adverse impact; and

(c) the economic consequences of the adverse impact relative to the potential economic value of the petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under the permit, lease or licence referred to in whichever of paragraph (1)(a), (b), (c), (d), (e) or (f) is applicable.

(3) Subsection (2) does not limit the matters that may be taken into account.

(4) Subsections (1) and (2) have effect subject to subsections (5) and (6).

(5) For the purposes of sections 292 and 321 and paragraph 749(2)(b), a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(a) an existing petroleum exploration permit; or

(b) an existing petroleum retention lease; or

(d) a future petroleum exploration permit; or

(e) a future petroleum retention lease; or

(f) a future petroleum production licence;

if, and only if, the key greenhouse gas operation will result in:

(g) an increase in the capital costs (other than prescribed costs) of the petroleum exploration operations or petroleum recovery operations; or

(h) an increase in the operating costs (other than prescribed costs) of the petroleum exploration operations or petroleum recovery operations; or

(i) a reduction in the rate of recovery of the petroleum; or

(j) a reduction in the quantity of the petroleum that will be able to be recovered.

(6) For the purposes of sections 292 and 321 and paragraph 749(2)(b), if there is a risk that a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(a) an existing petroleum exploration permit; or

(b) an existing petroleum retention lease; or

(d) a future petroleum exploration permit; or

(e) a future petroleum retention lease; or

(f) a future petroleum production licence;

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the key greenhouse gas operation is less than the amount that, under the regulations, is taken to be the threshold amount.

27A Significant risk of a significant adverse impact—approval of key greenhouse gas operations (cross‑boundary)

(1) For the purposes of sections 292A and 321A and paragraph 749(2)(ba), the question of whether there is a significant risk that a key greenhouse gas operation will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(a) an existing petroleum exploration permit; or

(b) an existing petroleum retention lease; or

(d) a future petroleum exploration permit; or

(e) a future petroleum retention lease; or

(f) a future petroleum production licence; or

(g) an existing State/Territory petroleum exploration title; or

(h) an existing State/Territory petroleum retention title; or

(i) an existing State/Territory petroleum production title; or

(j) a future State/Territory petroleum exploration title; or

(k) a future State/Territory petroleum retention title; or

(l) a future State/Territory petroleum production title;

is to be determined in a manner ascertained in accordance with the regulations.

(2) A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:

(a) the probability, or range of probabilities, of the occurrence of the adverse impact; and

(b) the economic consequences of the adverse impact; and

(c) the economic consequences of the adverse impact relative to the potential economic value of the petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under the permit, lease, licence or title referred to in whichever of paragraph (1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (l) is applicable.

(3) Subsection (2) does not limit the matters that may be taken into account.

(4) Subsections (1) and (2) have effect subject to subsections (5) and (6).

(5) For the purposes of sections 292A and 321A and paragraph 749(2)(ba), a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(a) an existing petroleum exploration permit; or

(b) an existing petroleum retention lease; or

(d) a future petroleum exploration permit; or

(e) a future petroleum retention lease; or

(f) a future petroleum production licence; or

(g) an existing State/Territory petroleum exploration title; or

(h) an existing State/Territory petroleum retention title; or

(i) an existing State/Territory petroleum production title; or

(j) a future State/Territory petroleum exploration title; or

(k) a future State/Territory petroleum retention title; or

(l) a future State/Territory petroleum production title;

if, and only if, the key greenhouse gas operation will result in:

(m) an increase in the capital costs (other than prescribed costs) of the petroleum exploration operations or petroleum recovery operations; or

(n) an increase in the operating costs (other than prescribed costs) of the petroleum exploration operations or petroleum recovery operations; or

(o) a reduction in the rate of recovery of the petroleum; or

(p) a reduction in the quantity of the petroleum that will be able to be recovered.

(6) For the purposes of sections 292A and 321A and paragraph 749(2)(ba), if there is a risk that a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(a) an existing petroleum exploration permit; or

(b) an existing petroleum retention lease; or

(d) a future petroleum exploration permit; or

(e) a future petroleum retention lease; or

(f) a future petroleum production licence; or

(g) an existing State/Territory petroleum exploration title; or

(h) an existing State/Territory petroleum retention title; or

(i) an existing State/Territory petroleum production title; or

(j) a future State/Territory petroleum exploration title; or

(k) a future State/Territory petroleum retention title; or

(l) a future State/Territory petroleum production title;

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the key greenhouse gas operation is less than the amount that, under the regulations, is taken to be the threshold amount.

28 Significant risk of a significant adverse impact—grant of greenhouse gas injection licence (general)

(1) For the purposes of sections 362 and 370 and paragraph 749(2)(c), the question of whether there is a significant risk that any of the operations that could be carried on under a greenhouse gas injection licence will have a significant adverse impact on operations that are being, or could be, carried on under:

(a) an existing petroleum exploration permit; or

(b) an existing petroleum retention lease; or

(d) a future petroleum exploration permit; or

(e) a future petroleum retention lease; or

(f) a future petroleum production licence;

is to be determined in a manner ascertained in accordance with the regulations.

(2) A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:

(a) the probability, or range of probabilities, of the occurrence of the adverse impact; and

(b) the economic consequences of the adverse impact; and

(3) Subsection (2) does not limit the matters that may be taken into account.

(4) Subsections (1) and (2) have effect subject to subsections (5) and (6).

(5) For the purposes of sections 362 and 370 and paragraph 749(2)(c), an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on operations (the relevant petroleum operations) that are being, or could be, carried on under:

(a) an existing petroleum exploration permit; or

(b) an existing petroleum retention lease; or

(d) a future petroleum exploration permit; or

(e) a future petroleum retention lease; or

(f) a future petroleum production licence;

if, and only if, the injection licence operation will result in:

(g) an increase in the capital costs (other than prescribed costs) of the relevant petroleum operations; or

(h) an increase in the operating costs (other than prescribed costs) of the relevant petroleum operations; or

(i) a reduction in the rate of recovery of the petroleum; or

(j) a reduction in the quantity of the petroleum that will be able to be recovered.

(6) For the purposes of sections 362 and 370 and paragraph 749(2)(c), if there is a risk that an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on operations that are being, or could be, carried on under:

(a) an existing petroleum exploration permit; or

(b) an existing petroleum retention lease; or

(d) a future petroleum exploration permit; or

(e) a future petroleum retention lease; or

(f) a future petroleum production licence;

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the injection licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.

28A Significant risk of a significant adverse impact—grant of greenhouse gas injection licence (cross‑boundary)

(1) For the purposes of section 368B and paragraph 749(2)(ca), the question of whether there is a significant risk that any of the operations that could be carried on under a greenhouse gas injection licence will have a significant adverse impact on operations that are being, or could be, carried on under:

(a) an existing petroleum exploration permit; or

(b) an existing petroleum retention lease; or

(d) a future petroleum exploration permit; or

(e) a future petroleum retention lease; or

(f) a future petroleum production licence; or

(g) an existing State/Territory petroleum exploration title; or

(h) an existing State/Territory petroleum retention title; or

(i) an existing State/Territory petroleum production title; or

(j) a future State/Territory petroleum exploration title; or

(k) a future State/Territory petroleum retention title; or

(l) a future State/Territory petroleum production title;

is to be determined in a manner ascertained in accordance with the regulations.

(2) A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:

(a) the probability, or range of probabilities, of the occurrence of the adverse impact; and

(b) the economic consequences of the adverse impact; and

(c) the economic consequences of the adverse impact relative to the potential economic value of the operations that are being, or could be, carried on under the permit, lease, licence or title referred to in whichever of paragraph (1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (l) is applicable.

(3) Subsection (2) does not limit the matters that may be taken into account.

(4) Subsections (1) and (2) have effect subject to subsections (5) and (6).

(5) For the purposes of section 368B and paragraph 749(2)(ca), an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on operations (the relevant petroleum operations) that are being, or could be, carried on under:

(a) an existing petroleum exploration permit; or

(b) an existing petroleum retention lease; or

(d) a future petroleum exploration permit; or

(e) a future petroleum retention lease; or

(f) a future petroleum production licence; or

(g) an existing State/Territory petroleum exploration title; or

(h) an existing State/Territory petroleum retention title; or

(i) an existing State/Territory petroleum production title; or

(j) a future State/Territory petroleum exploration title; or

(k) a future State/Territory petroleum retention title; or

(l) a future State/Territory petroleum production title;

if, and only if, the injection licence operation will result in:

(m) an increase in the capital costs (other than prescribed costs) of the relevant petroleum operations; or

(n) an increase in the operating costs (other than prescribed costs) of the relevant petroleum operations; or

(o) a reduction in the rate of recovery of the petroleum; or

(p) a reduction in the quantity of the petroleum that will be able to be recovered.

(6) For the purposes of section 368B and paragraph 749(2)(ca), if there is a risk that an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on operations that are being, or could be, carried on under:

(a) an existing petroleum exploration permit; or

(b) an existing petroleum retention lease; or

(d) a future petroleum exploration permit; or

(e) a future petroleum retention lease; or

(f) a future petroleum production licence; or

(g) an existing State/Territory petroleum exploration title; or

(h) an existing State/Territory petroleum retention title; or

(i) an existing State/Territory petroleum production title; or

(j) a future State/Territory petroleum exploration title; or

(k) a future State/Territory petroleum retention title; or

(l) a future State/Territory petroleum production title;

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the injection licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.

29 Significant risk of a significant adverse impact—power of responsible Commonwealth Minister to protect petroleum

(1) For the purposes of section 383 and paragraph 749(2)(d), the question of whether there is a significant risk that any of the operations that are being, or could be, carried on under a greenhouse gas injection licence will have a significant adverse impact on:

(a) operations to recover petroleum; or

(b) the commercial viability of the recovery of petroleum;

is to be determined in a manner ascertained in accordance with the regulations.

(2) A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:

(a) the probability, or range of probabilities, of the occurrence of the adverse impact; and

(b) the economic consequences of the adverse impact; and

(c) the economic consequences of the adverse impact relative to the potential economic value of the operations or recovery referred to in whichever of paragraph (1)(a) or (b) is applicable.

(3) Subsection (2) does not limit the matters that may be taken into account.

(4) Subsections (1) and (2) have effect subject to subsections (5) and (6).

(5) For the purposes of section 383 and paragraph 749(2)(d), an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on:

(a) operations to recover petroleum; or

(b) the commercial viability of the recovery of petroleum;

if, and only if, the injection licence operation will result in:

(d) an increase in the operating costs (other than prescribed costs) of the recovery of the petroleum; or

(e) a reduction in the rate of recovery of the petroleum; or

(f) a reduction in the quantity of the petroleum that will be able to be recovered.

(6) For the purposes of section 383 and paragraph 749(2)(d), if there is a risk that an operation that is being, or could be, carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on:

(a) operations to recover petroleum; or

(b) the commercial viability of the recovery of petroleum;

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the injection licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.

30 Direction given by the responsible Commonwealth Minister

A reference in this Act to a direction given by the responsible Commonwealth Minister does not include a reference to a direction given by the responsible Commonwealth Minister in his or her capacity as, or as a member of, the Joint Authority for an offshore area.

30A State/Territory greenhouse gas storage administrator

(1) For the purposes of this Act, State/Territory greenhouse gas storage administrator of a State means:

(a) if a person:

(i) performs functions, or exercises powers, under the provisions of the law of the State that correspond to Chapter 5; and

(ii) is specified in a written notice given by the responsible State Minister to the Titles Administrator for the purposes of this paragraph;

that person; or

(b) otherwise—the responsible State Minister.

(2) For the purposes of this Act, State/Territory greenhouse gas storage administrator of the Northern Territory means:

(a) if a person:

(i) performs functions, or exercises powers, under the provisions of the law of the Northern Territory that correspond to Chapter 5; and

(ii) is specified in a written notice given by the responsible Northern Territory Minister to the Titles Administrator for the purposes of this paragraph;

that person; or

(b) otherwise—the responsible Northern Territory Minister.

(3) The Titles Administrator must publish on the Titles Administrator’s website a copy of a notice under paragraph (1)(a) or (2)(a).

(4) A notice under paragraph (1)(a) or (2)(a) may specify:

(a) a person by name; or

(b) any person from time to time holding, or performing the duties of, a specified office or position.

(5) A notice under paragraph (1)(a) or (2)(a) is not a legislative instrument.

31 Securities

Greenhouse gas titles

(1) For the purposes of this Act, if:

(a) a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force; and

(b) either:

(i) the successful applicant for the permit, lease or licence lodged a security with the responsible Commonwealth Minister in response to the offer document for the permit, lease or licence; or

(ii) the registered holder, or a former registered holder, of the permit, lease or licence lodged a security with the responsible Commonwealth Minister in response to a notice under section 454; and

the security is taken to be in force in relation to the permit, lease or licence.

Site closing certificate

(2) For the purposes of this Act, if:

(a) a site closing certificate is in force; and

(b) the successful applicant for the certificate lodged a security with the responsible Commonwealth Minister in response to the pre‑certificate notice for the site closing certificate; and

the security is taken to be in force in relation to the site closing certificate.

Note: For pre‑certificate notice, see section 388.

32 Designated agreements

For the purposes of this Act, a designated agreement is an agreement of the kind referred to in any of the following provisions:

(a) paragraph 100(5)(f);

(b) paragraph 100(6)(d);

(d) paragraph 137(5)(f);

(e) paragraph 137(6)(d);

(f) subsection 137(10);

(g) paragraph 163(5)(f);

(h) paragraph 163(6)(d);

(i) subsection 163(10);

(j) paragraph 292(5)(d);

(k) paragraph 292(6)(d);

(l) subsection 292(11);

(m) subsection 292(12);

(ma) paragraph 292A(5)(g);

(mb) paragraph 292A(6)(d);

(mc) subsection 292A(11);

(md) subsection 292A(12);

(n) paragraph 321(5)(d);

(o) paragraph 321(6)(d);

(p) subsection 321(11);

(q) subsection 321(12);

(qa) paragraph 321A(5)(g);

(qb) paragraph 321A(6)(d);

(qc) subsection 321A(11);

(qd) subsection 321A(12);

(r) subparagraph 362(1)(d)(iii);

(s) subparagraph 362(1)(e)(iii);

(t) subparagraph 362(2)(d)(iii);

(u) subparagraph 362(2)(e)(iii);

(v) paragraph 362(3)(a);

(va) subparagraph 368B(1)(d)(iii);

(vb) subparagraph 368B(1)(e)(iii);

(vc) subparagraph 368B(1)(f)(iii);

(vd) subparagraph 368B(1)(g)(iii);

(ve) subparagraph 368B(2)(d)(iii);

(vf) subparagraph 368B(2)(e)(iii);

(vg) subparagraph 368B(2)(f)(iii);

(vh) subparagraph 368B(2)(g)(iii);

(vj) paragraph 368B(3)(a);

(w) subparagraph 370(d)(v);

(x) paragraph 370(e);

(y) paragraph 370(f);

(z) paragraph 370(g);

(za) paragraph 383(1)(e).

33 Graticulation of Earth’s surface and constitution of blocks

Graticular sections

(1) For the purposes of this Act, the surface of the Earth is taken to be divided:

(a) by the meridian of Greenwich and by meridians that are at an angular distance from that meridian of 5 minutes, or a multiple of 5 minutes, of longitude; and

(b) by the equator and by parallels of latitude that are at an angular distance from the equator of 5 minutes, or a multiple of 5 minutes, of latitude;

into sections called graticular sections, each of which is bounded:

(d) by portions of 2 of those parallels of latitude that are at an angular distance from each other of 5 minutes of latitude.

Simplified map

(2) This subsection sets out a simplified map illustrating graticular sections off the coast of Western Australia in the vicinity of Barrow Island:

Map showing graticular sections off the coast of Western Australia in the vicinity of Barrow Island

Blocks

(3) For the purposes of this Act:

(a) a graticular section that is wholly within an offshore area constitutes a block; and

(b) if a part only of a graticular section is, or parts only of a graticular section are, within an offshore area, the area of that part, or of those parts, constitutes a block.

Note 1: See also section 282 (certain portions of blocks to be blocks).

Note 2: See also section 461A (certain State/Territory blocks to be blocks).

Note 3: See also section 462 (certain portions of blocks to be blocks).

Block that is constituted by a graticular section

(4) A reference in this Act to a block that is constituted by a graticular section includes a reference to a block that is constituted by the area of a part only, or by the areas of parts only, of a graticular section.

Graticular section that constitutes a block

(5) A reference in this Act to a graticular section that constitutes a block includes a reference to:

(a) a graticular section only part of which constitutes a block; or

(b) a graticular section only parts of which constitute a block.

Note: For datum, see section 39.

33A Designated public official

States

(1) For the purposes of this Act, if:

(a) a Department of a State is specified in a written notice given to NOPSEMA by the responsible State Minister of the State for the purposes of this subsection; and

(b) a person holds or performs the duties of the position of head (however described) of the Department;

the person is the designated public official of the State.

(2) For the purposes of this Act, if:

(a) no notice is in force under paragraph (1)(a) in relation to a State; and

(b) a Department of the State is administered by the responsible State Minister of the State; and

the person is the designated public official of the State.

Northern Territory

(3) For the purposes of this Act, if:

(a) a Department of the Northern Territory is specified in a written notice given to NOPSEMA by the responsible Northern Territory Minister for the purposes of this subsection; and

(b) a person holds or performs the duties of the position of head (however described) of the Department;

the person is the designated public official of the Northern Territory.

(4) For the purposes of this Act, if:

(a) no notice is in force under paragraph (3)(a); and

(b) a Department of the Northern Territory is administered by the responsible Northern Territory Minister; and

the person is the designated public official of the Northern Territory.

External Territories

(5) For the purposes of this Act, the Secretary of the Department administered by the Minister who administers the Norfolk Island Act 1979 is the designated public official of Norfolk Island.

Note: For acting appointments, see section 33 of the Acts Interpretation Act 1901.

(6) For the purposes of this Act, the Secretary of the Department administered by the Minister who administers the Christmas Island Act 1958 is the designated public official of the Territory of Christmas Island.

Note: For acting appointments, see section 33 of the Acts Interpretation Act 1901.

(7) For the purposes of this Act, the Secretary of the Department administered by the Minister who administers the Cocos (Keeling) Islands Act 1955 is the designated public official of the Territory of Cocos (Keeling) Islands.

Note: For acting appointments, see section 33 of the Acts Interpretation Act 1901.

(8) For the purposes of this Act, the Secretary of the Department administered by the Minister who administers the Heard Island and McDonald Islands Act 1953 is the designated public official of the Territory of Heard Island and McDonald Islands.

Note: For acting appointments, see section 33 of the Acts Interpretation Act 1901.

Other matters

(9) NOPSEMA must publish on NOPSEMA’s website a copy of a notice under paragraph (1)(a) or (3)(a).

(10) A notice under paragraph (1)(a) or (3)(a) is not a legislative instrument.

34 External Territories

This Act extends to the following external Territories:

(a) Norfolk Island;

(b) the Territory of Christmas Island;

(d) the Territory of Ashmore and Cartier Islands;

(e) the Territory of Heard Island and McDonald Islands.

35 Application of Act

This Act applies to:

(a) all individuals, whether or not Australian citizens, and whether or not resident in the Commonwealth or a Territory; and

(b) all corporations, whether or not incorporated or carrying on business in the Commonwealth or a Territory.

36 Certain pipelines provisions to apply subject to international obligations

(1) This section applies to the provisions of this Act to the extent to which they relate to a pipeline for the conveyance of petroleum recovered from a place beyond the outer limits of any offshore area.

(2) The provisions have effect subject to Australia’s obligations under international law, including obligations under any agreement between Australia and any foreign country or countries.

Division 2—Datum provisions

Subdivision A—Datum for ascertaining the position of points etc.

37 Objects

The objects of this Subdivision are:

(a) to use the Australian Geodetic Datum to determine the position of graticular sections or blocks; and

(b) to use the Geocentric Datum of Australia to determine the position of certain other areas; and

(c) to enable the position of a point, line or area to be described, in a title or other instrument under this Act, using:

(i) the Geocentric Datum of Australia; or

(ii) another datum identified in the regulations;

(but not so as to change the position of a point, line or area).

38 Definitions

In this Subdivision:

Australian Geodetic Datum means the Australian Geodetic Datum as defined in Gazette No. 84 of 6 October 1966 (AGD66 geodetic data set).

Geocentric Datum of Australia means the Geocentric Datum of Australia as defined in Gazette No. 35 of 6 September 1995 (GDA94 geocentric data set).

greenhouse gas title means:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

(d) a greenhouse gas search authority; or

(e) a greenhouse gas special authority.

instrument under this Act does not include the regulations.

petroleum title means:

(a) a petroleum exploration permit; or

(b) a petroleum retention lease; or

(d) an infrastructure licence; or

(e) a pipeline licence; or

(f) a petroleum special prospecting authority; or

(g) a petroleum access authority.

this Act includes the regulations.

title means:

(a) a greenhouse gas title; or

(b) a petroleum title.

39 Australian Geodetic Datum

(1) For the purposes of this Act, the position on the surface of the Earth of a graticular section or block is to be determined by reference to the Australian Geodetic Datum.

Note: Australian Geodetic Datum is defined in section 38.

(2) Subsection (1) does not apply for the purposes of describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area.

40 Geocentric Datum of Australia

(1) For the purposes of this Act, the position on the surface of the Earth of:

(a) the parallel of latitude described in subsection 8(2); or

(b) an area described in Schedule 1; or

(d) the area described in Schedule 7; or

(e) the area described in Schedule 8;

is to be determined by reference to the Geocentric Datum of Australia.

Note 1: Subsection 8(2) describes the Coral Sea area.

Note 2: Schedule 1 describes the scheduled areas for the States and Territories. See also sections 48 and 49 (points and lines specified in the New Zealand boundary treaty).

Note 3: Schedule 2 describes the area that includes the area to be avoided.

Note 3A: Schedule 7 describes the Eastern Greater Sunrise offshore area and the Western Greater Sunrise area.

Note 3B: Schedule 8 describes the Bayu‑Undan pipeline international offshore area.

Note 4: Geocentric Datum of Australia is defined in section 38.

(2) Subsection (1) does not apply for the purposes of describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area.

41 Current datum, previous datum and changeover time

(1) The regulations may declare that, for the purposes of describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area:

(a) a specified datum is the current datum; and

(b) that datum replaces the previous datum.

(2) The previous datum is:

(a) if a datum is the first datum declared to be the current datum under subsection (1)—the Geocentric Datum of Australia; or

(b) in any other case—the datum that was the current datum immediately before the changeover time.

(3) The changeover time is the time when the declaration takes effect.

(4) Before the first declaration under subsection (1) takes effect, the Geocentric Datum of Australia applies for the purposes of describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area.

42 Use of current datum

For the purposes of this Act, after the changeover time, for a title or instrument set out in the table, the position on the surface of the Earth of a point, line or area set out in the table is to be described by reference to the current datum, and the relevant title or instrument may be annotated accordingly:

Points, lines and areas
Item	Title or instrument	Point, line or area
1	a petroleum exploration permit	the permit area of a petroleum exploration permit granted after the changeover time
2	a petroleum retention lease	the lease area of a petroleum retention lease granted after the changeover time
3	a petroleum production licence	the licence area of a petroleum production licence granted after the changeover time
4	an infrastructure licence	the licence area of an infrastructure licence granted after the changeover time
5	a petroleum special prospecting authority	the authority area of a petroleum special prospecting authority granted after the changeover time
6	a petroleum access authority	the authority area of a petroleum access authority granted after the changeover time
7	a pipeline licence	the route of a pipeline authorised by a pipeline licence granted after the changeover time
8	a greenhouse gas assessment permit	the permit area of a greenhouse gas assessment permit granted after the changeover time
9	a greenhouse gas holding lease	the lease area of a greenhouse gas holding lease granted after the changeover time
10	a greenhouse gas injection licence	the licence area of a greenhouse gas injection licence granted after the changeover time
11	a greenhouse gas search authority	the authority area of a greenhouse gas search authority granted after the changeover time
12	a greenhouse gas special authority	the authority area of a greenhouse gas special authority granted after the changeover time
13	any other instrument under this Act	a point, line or area set out in any other instrument made under this Act made after the changeover time

Note 1: A grant of a petroleum exploration permit, a petroleum retention lease or a petroleum production licence may be a grant by way of renewal—see section 11.

Note 2: A grant of a greenhouse gas holding lease may be a grant by way of renewal—see section 11.

43 Use of previous datum

(1) For the purposes of this Act, after the changeover time, for a title or instrument set out in the table, the position on the surface of the Earth of a point, line or area set out in the table is to be described by reference to the previous datum:

(2) Subsection (1) has effect subject to section 44 (which deals with variation of titles and instruments).

44 Variation of titles and instruments

Petroleum titles and instruments

(1) The table has effect:

Variation of titles and instruments
Item	The Titles Administrator may issue an instrument varying...	for the sole purpose of...
1	a petroleum exploration permit that was in force immediately before the changeover time	relabelling the permit area using geographic coordinates based on the current datum.
2	a petroleum retention lease that was in force immediately before the changeover time	relabelling the lease area using geographic coordinates based on the current datum.
3	a petroleum production licence that was in force immediately before the changeover time	relabelling the licence area using geographic coordinates based on the current datum.
4	an infrastructure licence that was in force immediately before the changeover time	relabelling the licence area using geographic coordinates based on the current datum.
5	a petroleum special prospecting authority or a petroleum access authority that was in force immediately before the changeover time	relabelling the authority area using geographic coordinates based on the current datum.
6	a pipeline licence that was in force immediately before the changeover time	relabelling the route of the pipeline using geographic coordinates based on the current datum.
7	any other instrument under this Act that: (a) sets out a point, line or area; and (b) was in force immediately before the changeover time	relabelling the point, line or area using geographic coordinates based on the current datum.
8	a petroleum title or other instrument under this Act	inserting an annotation about the applicable datum.

Note: For publication in the Gazette of notice of the variation, see section 708.

Greenhouse gas titles and instruments

(2) The table has effect:

Variation of titles and instruments
Item	The responsible Commonwealth Minister may issue an instrument varying...	for the sole purpose of...
1	a greenhouse gas assessment permit that was in force immediately before the changeover time	relabelling the permit area using geographic coordinates based on the current datum.
2	a greenhouse gas holding lease that was in force immediately before the changeover time	relabelling the lease area using geographic coordinates based on the current datum.
3	a greenhouse gas injection licence that was in force immediately before the changeover time	relabelling the licence area using geographic coordinates based on the current datum.
4	a greenhouse gas search authority that was in force immediately before the changeover time	relabelling the authority area using geographic coordinates based on the current datum.
5	a greenhouse gas special authority that was in force immediately before the changeover time	relabelling the authority area using geographic coordinates based on the current datum.
6	any other instrument under this Act that: (a) sets out a point, line or area; and (b) was in force immediately before the changeover time	relabelling the point, line or area using geographic coordinates based on the current datum.
7	a greenhouse gas title or other instrument under this Act	inserting an annotation about the applicable datum.

Note: For publication in the Gazette of notice of the variation, see section 708.

45 Variation of applications for titles

Petroleum titles

(1) The Titles Administrator may issue an instrument varying an application for a petroleum title for the sole purpose of relabelling a point, line or area by reference to geographic coordinates based on the current datum.

Greenhouse gas titles

(2) The responsible Commonwealth Minister may issue an instrument varying an application for a greenhouse gas title for the sole purpose of relabelling a point, line or area by reference to geographic coordinates based on the current datum.

46 No change to actual position of point, line or area

This Subdivision does not authorise any change to the position on the surface of the Earth of a point, line or area.

47 Transitional regulations

The regulations may make provision for matters of a transitional nature arising from the change from the previous datum to the current datum.

48 International Seabed Agreements

This Subdivision has effect subject to section 49.

Note: Section 49 deals with International Seabed Agreements.

Subdivision B—Certain points etc. specified in an International Seabed Agreement to be ascertained by other means

49 Certain points etc. specified in an International Seabed Agreement to be ascertained by other means

(1) This section applies if, for the purposes of this Act or the regulations, or for the purposes of an instrument under this Act or the regulations, it is necessary to determine the position on the surface of the Earth of:

(a) a point or line specified in an International Seabed Agreement; or

(b) a point on, or part of, such a line.

(2) That position must be determined in accordance with:

(a) that Agreement; or

(b) if that Agreement is varied—in accordance with that Agreement as varied for the time being.

(3) In this section:

International Seabed Agreement means:

(a) the Agreement between Australia and Indonesia establishing certain seabed boundaries signed at Canberra on 18 May 1971; or

(b) the Agreement between Australia and Indonesia establishing certain seabed boundaries in the area of the Timor and Arafura Seas supplementary to the Agreement referred to in paragraph (a) and signed at Jakarta on 9 October 1972; or

(c) the Agreement between Australia and Indonesia concerning certain boundaries between Papua New Guinea and Indonesia signed at Jakarta on 12 February 1973; or

(d) the Treaty between Australia and the Independent State of Papua New Guinea concerning sovereignty and maritime boundaries in the area between the 2 countries, including the area known as the Torres Strait, and related matters that was signed at Sydney on 18 December 1978; or

(e) the New Zealand boundary treaty; or

(f) the Timor Sea Maritime Boundaries Treaty.

Division 3—Apportionment of petroleum recovered from adjoining title areas

50 Title

In this Division:

title means:

(a) a petroleum exploration permit; or

(b) a petroleum retention lease; or

51 Titleholder and title area

For the purposes of this Division, the table has effect:

Titleholder and title area
Item	In the case of...	the titleholder is...	and the title area is...
1	a petroleum exploration permit	the permittee	the permit area.
2	a petroleum retention lease	the lessee	the lease area.
3	a petroleum production licence	the licensee	the licence area.

52 Petroleum recovered through inclined well

For the purposes of this Act, if:

(a) a wellhead is situated in the title area of a title (the first title); and

(b) the well from that wellhead is inclined so as to enter a petroleum pool at a place within an adjoining title area of a title (the second title) of the same titleholder; and

any petroleum recovered through that well is taken to have been recovered in the adjoining title area under the second title.

53 Petroleum pool straddling 2 title areas etc.

(1) For the purposes of this Act, if:

(a) a petroleum pool is partly in the title area of a title and partly in an adjoining title area of a title of the same titleholder (whether in the same offshore area or not); and

(b) petroleum is recovered from that pool through a well or wells in one or both of the title areas;

then:

(c) there is taken to have been recovered in each of the title areas, under the title in relation to the title area, such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool; and

(d) the respective proportions are to be determined by agreement between:

(i) the titleholder; and

(ii) the Joint Authority;

or, in the absence of agreement, by the Federal Court or a relevant Supreme Court on the application of the titleholder or the Joint Authority.

Supreme Court

(2) A reference in this section to a relevant Supreme Court is a reference to the Supreme Court of the State, or one of the States, in the offshore area of which the petroleum pool is wholly or partly situated.

Northern Territory

(3) This section applies to the Northern Territory as if that Territory were a State.

Note: The offshore area of a State or Territory is defined by section 8.

54 Petroleum pool straddling Commonwealth title area and State title area etc.

(1) For the purposes of this Act, if:

(a) a petroleum pool is partly in the title area of a title and partly in an area (the State title area) in which the titleholder has authority under the law of a State to explore for, or recover, petroleum; and

(b) petroleum is recovered from that pool through a well or wells in the title area of the title, the State title area, or both;

then:

(c) there is taken to have been recovered in the title area of the title such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool; and

(d) that proportion is to be determined by agreement between:

(i) the titleholder of the title; and

(ii) the Joint Authority; and

(iii) the responsible State Minister;

or, in the absence of agreement, by the Federal Court or a relevant Supreme Court on the application of:

(iv) the titleholder of the title; or

(v) the Joint Authority; or

(vi) the responsible State Minister.

Multiple petroleum pools

(1A) If:

(a) an agreement is in force between:

(i) the titleholder of a title; and

(ii) the Joint Authority for an offshore area of a State; and

(iii) the responsible State Minister for the State;

in relation to a petroleum pool that is partly in the title area of a title and partly in an area (the State title area) in which the titleholder has authority under the law of the State to explore for, or recover, petroleum; and

(b) the agreement contains a provision (the apportionment provision) that provides that, for the purposes of this section, there will be taken to be recovered in the title area of the title a specified proportion of all of the petroleum recovered from the petroleum pool; and

(c) assuming that petroleum were recovered from the part of the seabed that is within the areal and vertical extents specified in the agreement, the specified proportion would be consistent with such proportion of all petroleum so recovered as may reasonably be treated as being derived from the title area of the title, having regard to the nature and probable extent of the petroleum in that part of the seabed; and

(d) the agreement contains a provision to the effect that if it becomes apparent that the areal and vertical extents of the petroleum pool, as specified in the agreement:

(i) comprise; or

(ii) are likely to comprise;

more than one petroleum pool, the apportionment set out in the apportionment provision will apply to the petroleum recovered from any or all of those petroleum pools (regardless of their location but within those vertical and areal extents); and

(e) after the time of the making of the agreement, it becomes apparent that the areal and vertical extents of the petroleum pool, as specified in the agreement, comprise, or are likely to comprise, 2 or more petroleum pools; and

(f) petroleum is recovered from any of those pools through a well or wells in the title area of the title, the State title area, or both;

then:

(g) for the purposes of this Act, there is taken to have been recovered in the title area of the title such proportion of all petroleum so recovered as is specified in the apportionment provision; and

(h) subsection (1) does not apply to any of those pools.

(1B) The question of whether there is or was a petroleum pool covered by paragraph (1A)(a) is to be determined on the basis of information known at the time of the making of the agreement.

(1C) The question of whether paragraph (1A)(c) applies is to be determined on the basis of information known at the time of the commencement of the apportionment provision.

(1D) The location of any of the 2 or more petroleum pools mentioned in paragraph (1A)(e) is immaterial.

Specified part of the seabed—apportionment agreement

(1E) If:

(a) at a particular time after the commencement of this subsection, a petroleum pool is partly in the title area of a title and partly in an area (the State title area) in which the titleholder has authority under the law of a State to explore for, or recover, petroleum; and

(b) at that time, an agreement is made between the following parties:

(i) the titleholder of the title;

(ii) the Joint Authority;

(iii) the responsible State Minister; and

(d) the areal and vertical extents of the specified part consist of:

(i) the whole or a part of the title area of the title; and

(ii) the whole or part of the State title area; and

(e) the areal and vertical extents of the specified part include the petroleum pool; and

(f) the agreement contains a provision (the apportionment provision) that provides that, for the purposes of this section, there will be taken to be recovered in the title area of the title a specified proportion of the petroleum recovered from the specified part; and

(g) assuming that petroleum were recovered from the specified part, the specified proportion would be consistent with such proportion of all petroleum so recovered as may reasonably be treated as being derived from the title area of the title, having regard to the nature and probable extent of the petroleum in the specified part; and

(h) petroleum is recovered from the specified part through a well or wells in the title area of the title, the State title area, or both;

then:

(i) for the purposes of this Act, there is taken to have been recovered in the title area of the title such proportion of all petroleum so recovered as is specified in the apportionment provision; and

(j) subsection (1) does not apply to a petroleum pool located in the specified part.

(1F) The question of whether there is or was a petroleum pool covered by paragraph (1E)(a) at a particular time is to be determined on the basis of information known at that time.

(1G) The question of whether paragraph (1E)(g) applies is to be determined on the basis of information known at the time of the commencement of the apportionment provision.

Supreme Court

Northern Territory

(3) This section applies to the Northern Territory as if:

(a) that Territory were a State; and

(b) the responsible Northern Territory Minister were the responsible State Minister of that State.

Note: The offshore area of a State or Territory is defined by section 8.

55 Unit development

For the purposes of this Act, if:

(a) a petroleum pool is:

(i) partly in a petroleum production licence area; and

(ii) partly in another area (whether in the offshore area or not) in relation to which another person has authority (whether under this Act or under the law of a State or the Northern Territory) to explore for or recover petroleum; and

(b) a unit development agreement in accordance with section 191 is in force between the licensee and that other person; and

there is taken to have been recovered in that licence area such proportion of all petroleum so recovered as is specified in, or determined in accordance with, the agreement.

Part 1.3—Joint Authorities

Division 1—Joint Authorities

56 Joint Authorities

(1) For the purposes of this Act, there is a Joint Authority for each offshore area.

State

(2) The Joint Authority for an offshore area of a State (other than Tasmania) is constituted by:

(a) the responsible State Minister; and

(b) the responsible Commonwealth Minister;

and is to be known as the Commonwealth‑[name of State] Offshore Petroleum Joint Authority.

(2A) The responsible Commonwealth Minister is the Joint Authority for the offshore area of Tasmania. That Joint Authority is to be known as the Commonwealth‑Tasmania Offshore Petroleum Joint Authority.

(3) The Joint Authority for an offshore area of a State is taken to be the Joint Authority for the State.

Principal Northern Territory offshore area

(4) The Joint Authority for the Principal Northern Territory offshore area is constituted by:

(a) the responsible Northern Territory Minister; and

(b) the responsible Commonwealth Minister;

and is to be known as the Commonwealth‑Northern Territory Offshore Petroleum Joint Authority.

(5) The Commonwealth‑Northern Territory Offshore Petroleum Joint Authority is taken to be the Joint Authority for the Northern Territory.

Eastern Greater Sunrise offshore area

(6) The responsible Commonwealth Minister is the Joint Authority for the Eastern Greater Sunrise offshore area. That Joint Authority is to be known as the Greater Sunrise Offshore Petroleum Joint Authority.

(7) The Greater Sunrise Offshore Petroleum Joint Authority is taken not to be the Joint Authority for the Northern Territory.

External Territories

(8) The responsible Commonwealth Minister is the Joint Authority for the offshore area of each of the following external Territories:

(a) Norfolk Island;

(b) the Territory of Christmas Island;

(d) the Territory of Ashmore and Cartier Islands;

(e) the Territory of Heard Island and McDonald Islands;

and such a Joint Authority is to be known as the [name of Territory] Offshore Petroleum Joint Authority.

Note: For example, the Joint Authority for the offshore area of the Territory of Ashmore and Cartier Islands is to be known as the Territory of Ashmore and Cartier Islands Offshore Petroleum Joint Authority.

(9) The Joint Authority for the offshore area of an external Territory is taken to be the Joint Authority for that Territory.

Bayu‑Undan pipeline international offshore area

(10) The responsible Commonwealth Minister is the Joint Authority for the Bayu‑Undan pipeline international offshore area. That Joint Authority is to be known as the Bayu‑Undan Offshore Petroleum Joint Authority.

Note: Under section 8A, the Bayu‑Undan pipeline international offshore area is treated like an offshore area for the purposes of many provisions of this Act so far as they relate to petroleum pipelines.

Greater Sunrise pipeline international offshore area

(11) The responsible Commonwealth Minister is the Joint Authority for the Greater Sunrise pipeline international offshore area. That Joint Authority is to be known as the Greater Sunrise Pipeline Offshore Petroleum Joint Authority.

Note: Under section 8A, the Greater Sunrise pipeline international offshore area (if declared) is treated like an offshore area for the purposes of many provisions of this Act so far as they relate to petroleum pipelines.

57 Functions and powers of Joint Authorities

(1) A Joint Authority for a State or Territory (other than the Northern Territory) has, in relation to the offshore area for that State or Territory, the functions and powers that this Act or the regulations confer on a Joint Authority.

(2) The Joint Authority for the Principal Northern Territory offshore area has, in relation to that offshore area, the functions and powers that this Act or the regulations confer on a Joint Authority.

(3) The Joint Authority for the Eastern Greater Sunrise offshore area has, in relation to that offshore area, the functions and powers that this Act or the regulations confer on a Joint Authority.

(4) The Joint Authority for the Bayu‑Undan pipeline international offshore area has, in relation to that area, the functions and powers relating to petroleum pipelines that the provisions of this Act mentioned in subsection (6), or regulations made for the purposes of those provisions, confer on a Joint Authority.

(5) The Joint Authority for the Greater Sunrise pipeline international offshore area has, in relation to that area, the functions and powers relating to petroleum pipelines that the provisions of this Act mentioned in subsection (6), or regulations made for the purposes of those provisions, confer on a Joint Authority.

(6) For the purposes of subsections (4) and (5), the provisions are as follows:

(a) this Part;

(b) Part 2.6;

(d) section 264 so far as it applies because of item 2 of the table in subsection 264(1);

(e) Division 1 of Part 2.12;

(f) Division 1 of Part 2.13;

(g) Part 2.14 except section 279;

(h) section 511;

(i) Part 6.1;

(j) Part 6.2;

(k) Part 6.10;

(l) Part 6.11;

(m) Part 9.4;

(n) Part 9.6A;

(o) Part 9.8;

(p) Part 9.9.

58 Procedure of Joint Authority

(1) A Joint Authority for a State (other than Tasmania) or the Northern Territory may conduct its business:

(a) at meetings of the Joint Authority; or

(b) by written or other communication between the members of the Joint Authority.

(2) A written communication under paragraph (1)(b) is not a legislative instrument.

59 Decision‑making

(1) This section applies to decisions to be made by a Joint Authority for a State (other than Tasmania) or the Northern Territory on matters that are within the Joint Authority’s functions or powers.

(2) If:

(a) the responsible Commonwealth Minister; and

(b) the responsible State Minister or the responsible Northern Territory Minister, as the case may be;

disagree about a decision, the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister’s decision has effect as the Joint Authority’s decision.

(3) If:

(a) the responsible Commonwealth Minister gives:

(i) in the case of a State—the responsible State Minister; or

(ii) in the case of the Northern Territory—the responsible Northern Territory Minister;

written notice of a decision that the responsible Commonwealth Minister thinks should be made on a matter; and

(b) 30 days pass after the notice is given, and:

(i) in the case of a State—the responsible State Minister has not told the responsible Commonwealth Minister what decision the responsible State Minister thinks should be made; or

(ii) in the case of the Northern Territory—the responsible Northern Territory Minister has not told the responsible Commonwealth Minister what decision the responsible Northern Territory Minister thinks should be made;

the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister’s decision has effect as the Joint Authority’s decision.

60 Opinion or state of mind of Joint Authority

For the purposes of this Act, the opinion or state of mind of the Joint Authority for a State (other than Tasmania) or the Northern Territory is:

(a) if:

(i) the responsible Commonwealth Minister; and

(ii) the responsible State Minister or the responsible Northern Territory Minister, as the case may be;

agree on the matter concerned—the opinion or state of mind of the 2 Ministers; or

(b) if the 2 Ministers disagree—the opinion or state of mind of the responsible Commonwealth Minister.

61 Records of decisions of Joint Authority

(1) The Titles Administrator must cause to be kept written records of the decisions of a Joint Authority.

(2) A record kept under subsection (1) in relation to the Joint Authority for a State (other than Tasmania) or the Northern Territory is prima facie evidence that the decision was duly made as recorded if the record is signed by a person who was a member of the Joint Authority at the time when the decision was made.

(2A) A record kept under subsection (1) in relation to the Joint Authority for:

(aa) Tasmania; or

(a) the Eastern Greater Sunrise Offshore area; or

(b) an external Territory; or

(d) the Greater Sunrise pipeline international offshore area;

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.

(3) A record kept under subsection (1) is not a legislative instrument.

62 Signing of documents

(1) If a document is signed by the Titles Administrator on behalf of a Joint Authority, the document is taken to have been duly executed by the Joint Authority.

(2) The document is taken to be in accordance with a decision of the Joint Authority unless the contrary is proved.

63 Communications with Joint Authority

All communications to or by a Joint Authority are to be made through the Titles Administrator.

64 Judicial notice of signature of member of a Joint Authority

Joint Authority for a State (other than Tasmania) or the Northern Territory

(1) All courts must take judicial notice of:

(a) the signature of a person who is, or has been:

(i) a member of the Joint Authority for a State (other than Tasmania) or the Northern Territory; or

(ii) a delegate of the Joint Authority for a State (other than Tasmania) or the Northern Territory; and

(b) the fact that the person is, or was at a particular time:

(i) a member of the Joint Authority for that State or the Northern Territory, as the case may be; or

(ii) a delegate of the Joint Authority for that State or the Northern Territory, as the case may be.

Joint Authority for Tasmania

(1A) All courts must take judicial notice of:

(a) the signature of a person who is, or has been:

(i) the Joint Authority for Tasmania; or

(ii) a delegate of the Joint Authority for Tasmania; and

(b) the fact that the person is, or was at a particular time:

(i) the Joint Authority for Tasmania; or

(ii) a delegate of the Joint Authority for Tasmania.

Joint Authority for the Eastern Greater Sunrise offshore area

(2) All courts must take judicial notice of:

(a) the signature of a person who is, or has been:

(i) the Joint Authority for the Eastern Greater Sunrise offshore area; or

(ii) a delegate of the Joint Authority for the Eastern Greater Sunrise offshore area; and

(b) the fact that the person is, or was at a particular time:

(i) the Joint Authority for that offshore area; or

(ii) a delegate of the Joint Authority for that offshore area.

Joint Authority for an external Territory

(3) All courts must take judicial notice of:

(a) the signature of a person who is, or has been:

(i) the Joint Authority for the offshore area of an external Territory; or

(ii) a delegate of the Joint Authority for the offshore area of an external Territory; and

(b) the fact that the person is, or was at a particular time:

(i) the Joint Authority for that offshore area; or

(ii) a delegate of the Joint Authority for that offshore area.

Joint Authority for a pipeline international offshore area

(3A) All courts must take judicial notice of:

(a) the signature of a person who is, or has been:

(i) the Joint Authority for the Bayu‑Undan pipeline international offshore area; or

(ii) the Joint Authority for the Greater Sunrise pipeline international offshore area; or

(iii) a delegate of the Joint Authority mentioned in subparagraph (i) or (ii); and

(b) the fact that the person is, or was at a particular time:

(i) the Joint Authority for that area; or

(ii) a delegate of the Joint Authority for that area.

Definition

(4) In this section:

court includes a person authorised to receive evidence:

(a) by a law of the Commonwealth, a State or a Territory; or

(b) by consent of parties.

65 Issue of documents, and service of notices, on behalf of Joint Authority

(1) If this Act requires or allows a Joint Authority to:

(a) execute or issue an instrument; or

(b) give a notice; or

the Titles Administrator is to do so on behalf of the Joint Authority in accordance with a decision of the Joint Authority.

(2) For the purposes of any proceedings:

(a) an instrument that purports to be executed or issued by the Titles Administrator on behalf of the Joint Authority is taken to have been executed or issued in accordance with a decision of the Joint Authority; and

(b) a notice that purports to be given by the Titles Administrator on behalf of the Joint Authority is taken to have been given in accordance with a decision of the Joint Authority; and

(c) a communication that purports to be made by the Titles Administrator on behalf of the Joint Authority is taken to have been made in accordance with a decision of the Joint Authority;

unless the contrary is proved.

66 Delegation by a Joint Authority for a State (other than Tasmania) or the Northern Territory

(1) A Joint Authority for a State (other than Tasmania) or the Northern Territory may, by written instrument, delegate any or all of the functions or powers of the Joint Authority under this Act or the regulations to 2 persons together, each of whom is one of the following:

(a) an APS employee who is an SES employee or acting SES employee;

(b) an employee of the relevant State, or of the Northern Territory, as the case requires.

Note: The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

(2) A delegation under this section:

(a) must specify one person as representing the responsible Commonwealth Minister; and

(b) must specify the other person as representing the responsible State Minister or responsible Northern Territory Minister of the Joint Authority; and

Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

(3) If the Joint Authority delegates a function or power under this section, the delegation continues in force despite:

(a) a vacancy in the office of responsible Commonwealth Minister; or

(b) a change in the identity of the holder of the office of responsible Commonwealth Minister; or

(c) a vacancy in the office of responsible State Minister or responsible Northern Territory Minister, as the case may be; or

(d) a change in the identity of the holder of the office of responsible State Minister or responsible Northern Territory Minister, as the case may be.

(4) Despite subsection (3), a delegation under this section may be revoked by the Joint Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901.

(5) If a delegation is made under this section, sections 59 and 60 do not apply to the delegates.

(6) If the delegates are unable to agree on a matter requiring decision, they must refer the matter to the Joint Authority.

(7) In the application to the delegates of a provision of this Act containing a reference to the opinion or state of mind of the Joint Authority, the reference is to be read as a reference to the opinion or state of mind of the 2 delegates of the Joint Authority unless they disagree.

(8) A referral under subsection (6) is not a legislative instrument.

66A Delegation by Joint Authority for Tasmania

(1) The Joint Authority for Tasmania may, by written instrument, delegate to a person any or all of the functions or powers of the Joint Authority under this Act or the regulations.

Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

(2) If the Joint Authority delegates a function or power under this section, the delegation continues in force despite:

(a) a vacancy in the office of Joint Authority; or

(b) a change in the identity of the holder of the office of Joint Authority.

(3) Despite subsection (2), a delegation under this section may be revoked by the Joint Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901.

(4) A copy of each instrument making, varying or revoking a delegation under this section must be published in the Gazette.

(5) A Joint Authority may delegate a function or power to an APS employee only if the APS employee is an SES employee or acting SES employee.

Note: The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

67 Delegation by Greater Sunrise Offshore Petroleum Joint Authority

(1) The Greater Sunrise Offshore Petroleum Joint Authority may, by written instrument, delegate to:

(a) an APS employee who is an SES employee or acting SES employee; or

(b) an employee of the Northern Territory;

any or all of the functions or powers of the Joint Authority under this Act or the regulations.

Note 1: The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

(2) If the Joint Authority delegates a function or power under this section, the delegation continues in force despite:

(a) a vacancy in the office of Joint Authority; or

(b) a change in the identity of the holder of the office of Joint Authority.

(3) Despite subsection (2), a delegation under this section may be revoked by the Joint Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901.

(4) A copy of each instrument making, varying or revoking a delegation under this section must be published in the Gazette.

68 Delegation by Joint Authority for an external Territory

(1) The Joint Authority for the offshore area of any of the following external Territories:

(a) Norfolk Island;

(b) the Territory of Christmas Island;

(d) the Territory of Ashmore and Cartier Islands;

(e) the Territory of Heard Island and McDonald Islands;

may, by written instrument, delegate to a person any or all of the functions or powers of the Joint Authority under this Act or the regulations.

Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

(2) If the Joint Authority delegates a function or power under this section, the delegation continues in force despite:

(a) a vacancy in the office of Joint Authority; or

(b) a change in the identity of the holder of the office of Joint Authority.

(3) Despite subsection (2), a delegation under this section may be revoked by the Joint Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901.

(4) A copy of each instrument making, varying or revoking a delegation under this section must be published in the Gazette.

(5) A Joint Authority may delegate a function or power to an APS employee only if the APS employee is an SES employee or acting SES employee.

Note: The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

68A Delegation by Joint Authority for pipeline international offshore area

(1) The Joint Authority for the Bayu‑Undan pipeline international offshore area or the Joint Authority for the Greater Sunrise pipeline international offshore area may, by written instrument, delegate to an SES employee or acting SES employee any or all of the functions or powers of the Joint Authority under this Act or the regulations.

Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

(2) If the Joint Authority delegates a function or power under this section, the delegation continues in force despite:

(a) a vacancy in the office of Joint Authority; or

(b) a change in the identity of the holder of the office of Joint Authority.

(3) Despite subsection (2), a delegation under this section may be revoked by the Joint Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901.

(4) A copy of each instrument making, varying or revoking a delegation under this section must be published in the Gazette.

69 Greater Sunrise Offshore Petroleum Joint Authority—consultations

The Greater Sunrise Offshore Petroleum Joint Authority may consult with the Timorese Designated Authority before exercising any power, or performing any function, that is conferred on the Joint Authority under this Act or the regulations.

70 Cooperation with Timorese Designated Authority by Joint Authority for pipeline international offshore area

Joint Authority for Bayu‑Undan pipeline international offshore area

(1) The Joint Authority for the Bayu‑Undan pipeline international offshore area may cooperate with the Timorese Designated Authority for the effective management and regulation of the Bayu‑Undan Gas Field (within the meaning of the Timor Sea Maritime Boundaries Treaty).

Joint Authority for Greater Sunrise pipeline international offshore area

(2) The Joint Authority for the Greater Sunrise pipeline international offshore area may cooperate with the Timorese Designated Authority for the effective management and regulation of the Greater Sunrise special regime area.

Division 3—Finance

75 Payments by the Commonwealth to Western Australia—Royalty Act payments

Payments to Western Australia

(1) If, during a particular month, the Commonwealth receives:

(a) an amount of royalty payable under the Royalty Act by the registered holder of:

(i) a petroleum exploration permit; or

(ii) a petroleum retention lease; or

(iii) a petroleum production licence;

in relation to petroleum recovered under the permit, lease or licence in the offshore area of Western Australia; or

(b) an amount payable under Part 6.7 because of late payment of any such royalty;

then, before the end of the next month, the Commonwealth must pay to Western Australia an amount worked out using the formula:

$Start formula Amount received by the Commonwealth times start fraction open bracket Royalty rate minus 4 close bracket over Royalty rate end fraction end formula$

where:

royalty rate means the percentage rate at which royalty is payable by the holder under the Royalty Act in relation to that petroleum (disregarding any determination under section 9 of the Royalty Act in relation to a well).

Reduction of payments to Western Australia—refunds of royalty

(2) If:

(a) the Commonwealth is liable to pay an amount under subsection (1) because the Commonwealth received, during a particular month, an amount mentioned in that subsection; and

(b) during that month, the Commonwealth paid a refund under paragraph 16(3)(b) of the Royalty Act to the registered holder of:

(i) a petroleum exploration permit; or

(ii) a petroleum retention lease; or

(iii) a petroleum production licence;

in respect of an amount of royalty payable under the Royalty Act;

the total of the amounts payable by the Commonwealth as mentioned in paragraph (a) is to be reduced by an amount worked out using the formula:

where:

adjusted amount means the amount that would have been paid under subsection (1) in respect of the amount of royalty if it were assumed that the provisional royalty (within the meaning of section 16 of the Royalty Act) had been equal to the determined royalty (within the meaning of that section).

Payment through Federation Reform Fund

(3) An amount that is payable by the Commonwealth under this section must be credited to the Federation Reform Fund for the purposes of paying the amount to Western Australia.

(4) The Treasurer must ensure that, as soon as practicable after an amount is credited to the Federation Reform Fund under subsection (3), the Federation Reform Fund is debited for the purposes of paying the amount to Western Australia.

(5) For the purposes of:

(a) the Federation Reform Fund Act 2008; and

(b) the Public Governance, Performance and Accountability Act 2013;

the payment of an amount that the Commonwealth is liable to pay under this section is taken to be a payment by way of a grant of financial assistance.

Part 1.3A—Cross‑boundary Authorities

76 Simplified outline of this Part

• There is:

(a) a Cross‑boundary Authority for each offshore area of a State; and

(b) a Cross‑boundary Authority for the Principal Northern Territory offshore area.

• The Cross‑boundary Authority for an offshore area of a State is constituted by:

(a) the responsible State Minister; and

(b) the responsible Commonwealth Minister.

• The Cross‑boundary Authority for the Principal Northern Territory offshore area is constituted by:

(a) the responsible Northern Territory Minister; and

(b) the responsible Commonwealth Minister.

• A Cross‑boundary Authority has the functions and powers conferred on the Cross‑boundary Authority by this Act or the regulations.

Note: The main function of a Cross‑boundary Authority is to grant cross‑boundary greenhouse gas assessment permits, cross‑boundary greenhouse gas holding leases and cross‑boundary greenhouse gas injection licences.

76A Cross‑boundary Authorities

(1) For the purposes of this Act, there is:

(a) a Cross‑boundary Authority for each offshore area of a State; and

(b) a Cross‑boundary Authority for the Principal Northern Territory offshore area.

State

(2) The Cross‑boundary Authority for an offshore area of a State is constituted by:

(a) the responsible State Minister; and

(b) the responsible Commonwealth Minister;

and is to be known as the Commonwealth‑[name of State] Greenhouse Gas Storage Cross‑boundary Authority.

(3) The Cross‑boundary Authority for an offshore area of a State is taken to be the Cross‑boundary Authority for the State.

Northern Territory

(4) The Cross‑boundary Authority for the Principal Northern Territory offshore area is constituted by:

(a) the responsible Northern Territory Minister; and

(b) the responsible Commonwealth Minister;

and is to be known as the Commonwealth‑Northern Territory Greenhouse Gas Storage Cross‑boundary Authority.

(5) The Commonwealth‑Northern Territory Greenhouse Gas Storage Cross‑boundary Authority is taken to be the Cross‑boundary Authority for the Northern Territory.

Consent

(6) Paragraph (1)(a) does not apply to an offshore area of a State unless the State has consented to the responsible State Minister being a member of the Cross‑boundary Authority for the offshore area of the State.

(7) Paragraph (1)(b) does not apply to the Principal Northern Territory offshore area unless the Northern Territory has consented to the responsible Northern Territory Minister being a member of the Cross‑boundary Authority for the Principal Northern Territory offshore area.

76B Functions and powers of Cross‑boundary Authorities

(1) A Cross‑boundary Authority for a State has, in relation to the offshore area for that State, the functions and powers that this Act or the regulations confer on a Cross‑boundary Authority.

(2) The Cross‑boundary Authority for the Principal Northern Territory offshore area has, in relation to that offshore area, the functions and powers that this Act or the regulations confer on a Cross‑boundary Authority.

76C Procedure of Cross‑boundary Authority

(1) A Cross‑boundary Authority for a State or the Northern Territory may conduct its business:

(a) at meetings of the Cross‑boundary Authority; or

(b) by written or other communication between the members of the Cross‑boundary Authority.

(2) A written communication under paragraph (1)(b) is not a legislative instrument.

76D Decision‑making

Scope

(1) This section applies to decisions to be made by a Cross‑boundary Authority for a State or the Northern Territory on matters that are within the Cross‑boundary Authority’s functions or powers.

Decision‑making

(2) The Cross‑boundary Authority must not make:

(a) a decision under section 291A to specify a condition in an original cross‑boundary greenhouse gas assessment permit; or

(b) a decision to give an offer document under section 307B; or

(d) a decision under section 320A to specify a condition in an original cross‑boundary greenhouse gas holding lease; or

(e) a decision to give an offer document under subsection 350B(3); or

(f) a decision under section 358A to specify a condition in a cross‑boundary greenhouse gas injection licence; or

(g) a decision under subsection 439B(2) to extend the term of a cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease; or

(h) a decision under paragraph 439C(2)(b) to allow a longer period;

unless:

(i) the responsible Commonwealth Minister; and

(j) the responsible State Minister or the responsible Northern Territory Minister, as the case may be;

agree about the decision.

(3) If:

(a) the responsible Commonwealth Minister; and

(b) the responsible State Minister or the responsible Northern Territory Minister, as the case may be;

disagree about a decision (other than a decision covered by subsection (2)), the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister’s decision has effect as the Cross‑boundary Authority’s decision.

(4) If:

(a) the responsible Commonwealth Minister gives:

(i) in the case of a State—the responsible State Minister; or

(ii) in the case of the Northern Territory—the responsible Northern Territory Minister;

written notice of a decision (other than a decision covered by subsection (2)) that the responsible Commonwealth Minister thinks should be made on a matter; and

(b) 30 days pass after the notice is given, and:

(i) in the case of a State—the responsible State Minister has not told the responsible Commonwealth Minister what decision the responsible State Minister thinks should be made; or

the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister’s decision has effect as the Cross‑boundary Authority’s decision.

76E Opinion or state of mind of Cross‑boundary Authority

For the purposes of this Act, the opinion or state of mind of the Cross‑boundary Authority for a State or the Northern Territory is:

(a) if:

(i) the responsible Commonwealth Minister; and

(ii) the responsible State Minister or the responsible Northern Territory Minister, as the case may be;

agree on the matter concerned—the opinion or state of mind of the 2 Ministers; or

(b) if the 2 Ministers disagree—the opinion or state of mind of the responsible Commonwealth Minister.

76F Records of decisions of Cross‑boundary Authority

(1) The Titles Administrator must cause to be kept written records of the decisions of a Cross‑boundary Authority.

(2) A record kept under subsection (1) in relation to the Cross‑boundary Authority for a State or the Northern Territory is prima facie evidence that the decision was duly made as recorded if the record is signed by a person who was a member of the Cross‑boundary Authority at the time when the decision was made.

(3) A record kept under subsection (1) is not a legislative instrument.

76G Signing of documents

(1) If a document is signed by the Titles Administrator on behalf of a Cross‑boundary Authority, the document is taken to have been duly executed by the Cross‑boundary Authority.

(2) The document is taken to be in accordance with a decision of the Cross‑boundary Authority unless the contrary is proved.

76H Communications with Cross‑boundary Authority

All communications to or by a Cross‑boundary Authority are to be made through the Titles Administrator.

76J Judicial notice of signature of member of a Cross‑boundary Authority

(1) All courts must take judicial notice of:

(a) the signature of a person who is, or has been:

(i) a member of the Cross‑boundary Authority for a State or the Northern Territory; or

(ii) a delegate of the Cross‑boundary Authority for a State or the Northern Territory; and

(b) the fact that the person is, or was at a particular time:

(i) a member of the Cross‑boundary Authority for that State or the Northern Territory, as the case may be; or

(ii) a delegate of the Cross‑boundary Authority for that State or the Northern Territory, as the case may be.

Definition

(2) In this section:

court includes a person authorised to receive evidence:

(a) by a law of the Commonwealth, a State or a Territory; or

(b) by consent of parties.

76K Issue of documents, and service of notices, on behalf of Cross‑boundary Authority

(1) If this Act requires or allows a Cross‑boundary Authority to:

(a) execute or issue an instrument; or

(b) give a notice; or

the Titles Administrator is to do so on behalf of the Cross‑boundary Authority in accordance with a decision of the Cross‑boundary Authority.

(2) For the purposes of any proceedings:

(a) an instrument that purports to be executed or issued by the Titles Administrator on behalf of the Cross‑boundary Authority is taken to have been executed or issued in accordance with a decision of the Cross‑boundary Authority; and

(b) a notice that purports to be given by the Titles Administrator on behalf of the Cross‑boundary Authority is taken to have been given in accordance with a decision of the Cross‑boundary Authority; and

(c) a communication that purports to be made by the Titles Administrator on behalf of the Cross‑boundary Authority is taken to have been made in accordance with a decision of the Cross‑boundary Authority;

unless the contrary is proved.

76L Delegation by a Cross‑boundary Authority

(1) A Cross‑boundary Authority for a State or the Northern Territory may, by written instrument, delegate any or all of the functions or powers of the Cross‑boundary Authority under this Act or the regulations to 2 persons together, each of whom is one of the following:

(a) an APS employee who is an SES employee or acting SES employee;

(b) an employee of the relevant State, or of the Northern Territory, as the case requires.

Note: The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

(2) A delegation under this section:

(a) must specify one person as representing the responsible Commonwealth Minister; and

(b) must specify the other person as representing the responsible State Minister or responsible Northern Territory Minister of the Cross‑boundary Authority; and

Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

(3) If the Cross‑boundary Authority delegates a function or power under this section, the delegation continues in force despite:

(a) a vacancy in the office of responsible Commonwealth Minister; or

(b) a change in the identity of the holder of the office of responsible Commonwealth Minister; or

(c) a vacancy in the office of responsible State Minister or responsible Northern Territory Minister, as the case may be; or

(d) a change in the identity of the holder of the office of responsible State Minister or responsible Northern Territory Minister, as the case may be.

(4) Despite subsection (3), a delegation under this section may be revoked by the Cross‑boundary Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901.

(5) If a delegation is made under this section, sections 76D and 76E do not apply to the delegates.

(6) If the delegates are unable to agree on a matter requiring decision, they must refer the matter to the Cross‑boundary Authority.

(7) In the application to the delegates of a provision of this Act containing a reference to the opinion or state of mind of the Cross‑boundary Authority, the reference is to be read as a reference to the opinion or state of mind of the 2 delegates of the Cross‑boundary Authority unless they disagree.

(8) A referral under subsection (6) is not a legislative instrument.

Part 1.4—Application of State and Territory laws in offshore areas

78 Simplified outline

The following is a simplified outline of this Part:

• The general body of laws in force in a State or Territory applies, as laws of the Commonwealth, to:

(a) petroleum exploration, exploitation and conveyance activities in the offshore area of that State or Territory; and

(b) greenhouse gas injection and storage activities in the offshore area of that State or Territory.

• However, prescribed State or Northern Territory occupational health and safety laws do not apply, as laws of the Commonwealth, in relation to a facility located in the offshore area of that State or the Northern Territory.

79 Meaning of laws

For the purposes of this Part, laws include:

(a) written laws; and

(b) unwritten laws (for example, the common law); and

80 Application of State and Territory laws in offshore areas

(1) The laws in force in a State or Territory (other than laws of the Commonwealth) apply, as provided by this section, as laws of the Commonwealth in the offshore area of that State or Territory as if that area were:

(a) part of that State or Territory; and

(b) part of the Commonwealth.

Note 1: See also sections 81 to 89.

Note 2: The offshore area of a State or Territory is defined by section 8.

(2) For the purposes of this Act, the provisions of laws applied under subsection (1) are to be known as the applied provisions.

(3) Subsection (1) has effect subject to:

(a) this Act; and

(b) the regulations.

(4) The laws referred to in subsection (1) apply in relation to acts, omissions, matters, circumstances and things touching, concerning, arising out of or connected with:

(a) exploring the seabed or subsoil of the offshore area for petroleum, and exploiting the petroleum which occurs as a natural resource of that seabed or subsoil; or

(b) the conveyance of petroleum (wherever recovered) across the offshore area; or

(c) exploring the seabed or subsoil of the offshore area for a potential greenhouse gas storage formation or a potential greenhouse gas injection site; or

(d) the injection of a greenhouse gas substance into the seabed or subsoil of the offshore area; or

(e) the storage of a greenhouse gas substance in the seabed or subsoil of the offshore area; or

(f) the conveyance of a greenhouse gas substance across the offshore area.

(5) The laws referred to in subsection (1) apply:

(a) to and in relation to:

(i) an act or omission that takes place in, on, above, below or in the vicinity of; and

(ii) a matter, circumstance or thing that exists or arises in relation to or in connection with;

a vessel, aircraft, structure or installation, or equipment or other property, that is in the offshore area for any reason touching, concerning, arising out of or connected with:

(iii) exploring the seabed or subsoil of the offshore area for petroleum, or exploiting the petroleum which occurs as a natural resource of that seabed or subsoil; or

(iv) the conveyance of petroleum (wherever recovered) across the offshore area; or

(v) exploring the seabed or subsoil of the offshore area for a potential greenhouse gas storage formation or a potential greenhouse gas injection site; or

(vi) the injection of a greenhouse gas substance into the seabed or subsoil of the offshore area; or

(vii) the storage of a greenhouse gas substance in the seabed or subsoil of the offshore area; or

(viii) the conveyance of a greenhouse gas substance across the offshore area; and

(b) to and in relation to a person who:

(i) is in the offshore area for a reason of the kind referred to in paragraph (a); or

(ii) is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the offshore area for a reason of the kind referred to in paragraph (a); and

(i) the carrying on by the person of any operation; or

(ii) the doing by the person of any work;

in the offshore area for a reason of the kind referred to in paragraph (a).

(6) Subsection (5) does not limit subsection (4).

(7) For the purposes of this section, a law is taken to be a law in force in a State or Territory even though that law applies to part only of that State or Territory.

81 Disapplication and modification of laws

(1) The regulations may provide that a law:

(a) does not apply by reason of section 80 in an offshore area; or

(b) applies by reason of section 80 in an offshore area with such modifications as are specified in the regulations.

(2) For the purposes of subsection (1), modifications includes additions, omissions and substitutions.

(3) Regulations made for the purposes of subsection (1) may make provision for, and in relation to:

(a) investing a court of a State with federal jurisdiction; or

(b) conferring jurisdiction on a court of a Territory.

82 Limit on application of laws

Section 80 does not give to the provisions of a law of a State or the Northern Territory an operation, as a law of the Commonwealth, that they would not have, as a law of the State or the Northern Territory, if it were assumed that the offshore area of the State or the Northern Territory were within the part of the scheduled area for the State or the Northern Territory that is on the landward side of the offshore area of the State or the Northern Territory.

83 Inconsistent law not applied

Section 80 does not apply a law in so far as the law would be inconsistent with a law of the Commonwealth (including this Act).

84 Criminal laws not applied

(1) Section 80 does not apply laws that are substantive criminal laws, or laws of criminal investigation, procedure and evidence, within the meaning of Schedule 1 to the Crimes at Sea Act 2000.

(2) This Act does not detract from the operation of the Crimes at Sea Act 2000.

85 Tax laws not applied

Section 80 does not operate so as to impose a tax.

86 Appropriation law not applied

Section 80 does not operate so as to appropriate any public money of a Territory.

87 Applied laws not to confer Commonwealth judicial power

Section 80 does not operate so as to confer the judicial power of the Commonwealth on a court, tribunal, authority or officer of a State or Territory.

88 Applied laws not to contravene constitutional restrictions on conferral of powers on courts

Section 80 does not operate so as to confer on a court of a State or Territory a power that cannot, under the Constitution, be conferred by the Parliament on such a court.

89 State or Northern Territory occupational health and safety laws do not apply in relation to facilities

State or Northern Territory OHS laws are not applied by section 80

(1) Section 80 of this Act, and section 6 of the Ashmore and Cartier Islands Acceptance Act 1933, do not apply a law in relation to:

(a) a facility located in the offshore area of a State, the Northern Territory or the Territory of Ashmore and Cartier Islands; or

(b) a person at such a facility; or

(i) such a facility; or

(ii) activities that take place at such a facility; or

(d) activities that take place at such a facility;

if the law is:

(e) a law of that State or the Northern Territory; and

(f) prescribed in the regulations.

Note: The offshore area of a State or Territory is defined by section 8.

(2) A law prescribed under subsection (1) must be:

(a) a law relating to occupational health and safety; or

(b) a law relating to occupational health and safety and to other matters.

State or Northern Territory OHS laws do not apply of their own force

(3) A law that is:

(a) a law of a State or the Northern Territory; and

(b) prescribed under subsection (1);

does not apply, by force of the law of that State or the Northern Territory, in relation to:

(d) a person at such a facility; or

(e) a person near such a facility, to the extent to which the person is affected by:

(i) such a facility; or

(ii) activities that take place at such a facility; or

(f) activities that take place at such a facility.

Note: The offshore area of a State or Territory is defined by section 8.

Substantive criminal provisions of State or Northern Territory OHS laws are not applied by Crimes at Sea Act 2000

(4) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, a law of a State or the Northern Territory that is:

(a) referred to in those subclauses; and

(b) prescribed in the regulations;

does not apply in relation to:

(c) a facility located in the offshore area of that State, the Northern Territory or the Territory of Ashmore and Cartier Islands; or

(d) a person at such a facility; or

(e) a person near such a facility, to the extent to which the person is affected by:

(i) such a facility; or

(ii) activities that take place at such a facility; or

(f) activities that take place at such a facility;

whether or not that application is:

(g) by force of the law of that State or the Northern Territory; or

(h) by force of section 6 of the Ashmore and Cartier Islands Acceptance Act 1933; or

(i) by force of subclause 2(2) of that Schedule.

Note: The offshore area of a State or Territory is defined by section 8.

(5) A law prescribed under subsection (4) must be:

(a) a law relating to occupational health and safety; or

(b) a law relating to occupational health and safety and to other matters.

Substantive criminal provisions of State or Northern Territory listed OHS laws are not applied by Crimes at Sea Act 2000

(6) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, provisions of a State or Territory PSLA, or of regulations under a State or Territory PSLA, that substantially correspond to the listed OHS laws do not apply in relation to:

(a) a facility located in the offshore area of that State, the Northern Territory or the Territory of Ashmore and Cartier Islands; or

(b) a person at such a facility; or

(i) such a facility; or

(ii) activities that take place at such a facility; or

(d) activities that take place at such a facility;

whether or not that application is:

(e) by force of the law of that State or the Northern Territory; or

(f) by force of section 6 of the Ashmore and Cartier Islands Acceptance Act 1933; or

(g) by force of subclause 2(2) of that Schedule.

Note: The offshore area of a State or Territory is defined by section 8.

Definitions

(7) In this section:

facility has the same meaning as in Schedule 3.

law includes a part of a law.

State PSLA has the same meaning as in Part 6.9.

Territory PSLA has the same meaning as in Part 6.9.

Note: See also section 640, which deals with the application of Commonwealth maritime legislation in the offshore area of a State or Territory.

90 No limits on ordinary operation of law

This Part does not limit the operation that a law has apart from this Part.

91 Jurisdiction of State courts

(1) The courts of a State are invested with federal jurisdiction in all matters arising under the laws applied under section 80 in the offshore area of the State.

Note: The offshore area of a State is defined by section 8.

(2) Jurisdiction is invested under subsection (1) within the limits (other than the limits of locality) of the jurisdiction of the court (whether those limits are limits as to subject matter or otherwise).

92 Jurisdiction of Territory courts

(1) Jurisdiction is conferred on the courts that have jurisdiction in a Territory in all matters arising out of the laws applied under section 80 in the offshore area of the Territory.

Note: The offshore area of a Territory is defined by section 8.

(2) Jurisdiction is conferred under subsection (1) within the limits (other than the limits of locality) of the jurisdiction of the court (whether those limits are limits as to subject matter or otherwise).

93 Validation of certain acts

If:

(a) a person or a court does an act in the purported exercise of a power, or the purported performance of a function, under a law of a State or Territory; and

(b) the act could have been done by the person or court in the exercise of a power, or the performance of a function, under the applied provisions;

the act is taken to have been done in the exercise of the power, or performance of the function, under the applied provisions.

Note: Applied provisions is defined by section 7.

94 Certain provisions not affected by this Part

The following provisions have effect despite anything in this Part:

(a) Division 2 of Part 1.2;

(b) Chapters 2 to 9;

Chapter 2—Regulation of activities relating to petroleum

Part 2.1—Introduction

95 Simplified outline

The following is a simplified outline of this Chapter:

• This Chapter provides for the grant of the following titles:

(a) a petroleum exploration permit (see Part 2.2);

(b) a petroleum retention lease (see Part 2.3);

(d) an infrastructure licence (see Part 2.5);

(e) a pipeline licence (see Part 2.6);

(f) a petroleum special prospecting authority (see Part 2.7);

(g) a petroleum access authority (see Part 2.8).

• A petroleum exploration permit authorises the permittee to explore for petroleum in the permit area.

• If a petroleum pool is identified in a petroleum exploration permit area, the Joint Authority may declare a location over the blocks to which the petroleum pool extends.

• After the declaration of a location, the permittee may apply for a petroleum retention lease or a petroleum production licence.

• A petroleum retention lease is granted if the recovery of petroleum is not currently commercially viable, but is likely to become commercially viable within 15 years. The lessee may apply for a petroleum production licence.

• A petroleum production licence authorises the licensee to carry out petroleum recovery operations in the licence area.

• An infrastructure licence authorises the licensee to construct and operate an infrastructure facility in the licence area. An infrastructure facility may relate to petroleum or a greenhouse gas substance.

• A pipeline licence authorises the licensee to construct and operate a pipeline. A pipeline may be used to convey petroleum or a greenhouse gas substance.

• A petroleum special prospecting authority authorises the holder to carry on petroleum exploration operations in the authority area (but not to make a well).

• A petroleum access authority authorises the holder to carry on certain petroleum exploration operations, and certain operations relating to the recovery of petroleum, in the authority area (but not to make a well).

• Part 2.9 provides for the grant of petroleum scientific investigation consents. A petroleum scientific investigation consent authorises the holder to carry on petroleum exploration operations in the course of a scientific investigation.

Part 2.2—Petroleum exploration permits

Division 1—General provisions

96 Simplified outline

The following is a simplified outline of this Part:

• It is an offence to explore for petroleum in an offshore area except:

(a) under a petroleum exploration permit; or

(b) as otherwise authorised or required by or under this Act.

• This Part provides for the grant of petroleum exploration permits over blocks in an offshore area.

• A petroleum exploration permit authorises the permittee to explore for petroleum in the permit area.

• There are 4 types of petroleum exploration permits:

(a) a petroleum exploration permit granted on the basis of work program bidding (a work‑bid petroleum exploration permit);

(b) a petroleum exploration permit granted on the basis of cash bidding (a cash‑bid petroleum exploration permit);

(c) a petroleum exploration permit granted over a surrendered block or certain other blocks (a special petroleum exploration permit);

(d) a petroleum exploration permit granted as a result of a change in the boundary of the coastal waters of a State or Territory (a boundary‑change petroleum exploration permit).

• If a petroleum pool is identified in a petroleum exploration permit area, the Joint Authority may declare a location over the blocks to which the petroleum pool extends.

97 Prohibition of unauthorised exploration for petroleum in offshore area

(1) A person commits an offence if:

(a) the person explores for petroleum; and

(b) the exploration occurs in an offshore area.

Penalty: Imprisonment for 5 years.

(2) Subsection (1) does not apply to conduct that is:

(a) authorised by a petroleum exploration permit; or

(b) otherwise authorised or required by or under this Act.

Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.

98 Rights conferred by petroleum exploration permit

(1) A petroleum exploration permit authorises the permittee, in accordance with the conditions (if any) to which the permit is subject:

(a) to explore for petroleum in the permit area; and

(b) to recover petroleum on an appraisal basis in the permit area; and

(2) Express references in this Act to the injection or storage of a substance do not imply that subsection (1) does not operate so as to authorise the permittee:

(a) to carry on operations to inject a substance into the seabed or subsoil of an offshore area; or

(b) to carry on operations to store (whether on a permanent basis or otherwise) a substance in the seabed or subsoil of an offshore area.

(3) The regulations may provide that a petroleum exploration permit authorises the permittee, in accordance with the conditions (if any) to which the permit is subject:

(a) to explore in the permit area for a potential greenhouse gas storage formation; and

(b) to explore in the permit area for a potential greenhouse gas injection site; and

(4) The rights conferred on the permittee by or under subsection (1) or (3) are subject to this Act and the regulations.

99 Conditions of petroleum exploration permits

(1) The Joint Authority may grant a petroleum exploration permit subject to whatever conditions the Joint Authority thinks appropriate.

Note: A grant of a permit may be a grant by way of renewal—see section 11.

(2) The conditions (if any) must be specified in the permit.

(2A) Subsection (1) does not apply to a boundary‑change petroleum exploration permit.

Permit to which Royalty Act applies

(3) A petroleum exploration permit to which the Royalty Act applies is subject to a condition that the permittee will comply with the provisions of the Royalty Act.

Note: The Royalty Act applies to a small number of North West Shelf titles.

(4) Despite subsection (2), the condition mentioned in subsection (3) does not need to be specified in the permit.

Work‑bid petroleum exploration permits and special petroleum exploration permits

(5) Any or all of the following conditions may be specified in a work‑bid petroleum exploration permit or a special petroleum exploration permit:

(a) conditions requiring the permittee to carry out work in, or in relation to, the permit area (including conditions requiring the permittee to carry out the work during a period of 12 months or longer, or during periods each of which is 12 months or longer);

(b) conditions relating to the amounts that the permittee must spend in carrying out such work;

(i) relate to the matters covered by paragraphs (a) and (b); and

(ii) are given in accordance with the permit.

(6) Subsection (5) does not limit subsection (1) or (10).

Cash‑bid petroleum exploration permits

(7) Despite subsection (1), a cash‑bid petroleum exploration permit must not be granted subject to conditions requiring the permittee to:

(a) carry out work in, or in relation to, the permit area; or

(b) spend particular amounts on the carrying out of work in, or in relation to, the permit area.

Note: A grant of a permit may be a grant by way of renewal—see section 11.

Declared petroleum exploration permits—approval of key petroleum operations

(8) A declared petroleum exploration permit is subject to the condition that the permittee will not carry on key petroleum operations under the permit unless the responsible Commonwealth Minister has approved the operations under section 100.

(9) Despite subsection (2), the condition mentioned in subsection (8) does not need to be specified in the permit.

(10) If, under section 100, the responsible Commonwealth Minister approves the carrying on of one or more key petroleum operations under a declared petroleum exploration permit, the responsible Commonwealth Minister may, by written notice given to the permittee, vary the permit by imposing one or more conditions to which the permit is subject.

(11) A variation of a declared petroleum exploration permit under subsection (10) takes effect on the day on which notice of the variation is given to the permittee.

(12) A condition imposed under subsection (10) may require the permittee to ensure that:

(a) all wells; or

(b) one or more specified wells;

made in the permit area by any person engaged or concerned in operations authorised by the permit are made in a manner, and to a standard, that will facilitate the plugging or closing off of the wells in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.

(13) Subsection (12) does not limit:

(a) subsection (10); or

(b) Part 6.2; or

(14) If:

(a) a declared petroleum exploration permit is subject to a condition; and

(b) the condition was imposed under subsection (10);

the responsible Commonwealth Minister may, by written notice given to the permittee, vary or revoke the condition.

(15) A variation of a declared petroleum exploration permit under subsection (14) takes effect on the day on which notice of the variation is given to the permittee.

(16) Subsection (14) does not limit section 264.

Boundary‑change petroleum exploration permits

(17) The Joint Authority may, by written notice given to the permittee of a boundary‑change petroleum exploration permit, vary the permit by imposing one or more conditions to which the permit is subject.

(18) A notice under subsection (17) must be given within 14 days after the grant of the permit.

(19) A variation under subsection (17) takes effect on the day on which notice of the variation is given to the permittee.

(20) If:

(a) the grant of a boundary‑change petroleum exploration permit is consequential on a State/Territory petroleum exploration title ceasing to be in force as mentioned in paragraph 118A(2)(b) or (3)(b); and

(b) the State/Territory petroleum exploration title is of a kind that corresponds to a work‑bid petroleum exploration permit or a special petroleum exploration permit;

any or all of the conditions mentioned in subsection (21) of this section may be specified in:

(d) a petroleum exploration permit granted under Division 5 by way of the renewal of the boundary‑change petroleum exploration permit.

(21) The following conditions are specified for the purposes of subsection (20):

(b) conditions relating to the amounts that the permittee must spend in carrying out such work;

(i) relate to the matters covered by paragraphs (a) and (b); and

(ii) are given in accordance with the permit.

(22) Subsection (20) does not limit subsection (10) or (17).

(23) If:

(b) the State/Territory petroleum exploration title is of a kind that corresponds to a cash‑bid petroleum exploration permit;

the conditions mentioned in subsection (24) of this section must not be specified in:

(d) a petroleum exploration permit granted under Division 5 by way of the renewal of the boundary‑change petroleum exploration permit.

(24) The following conditions are specified for the purposes of subsection (23):

(a) conditions requiring the permittee to carry out work in, or in relation to, the permit area;

(b) conditions requiring the permittee to spend particular amounts on the carrying out of work in, or in relation to, the permit area.

100 Declared petroleum exploration permit—approval by responsible Commonwealth Minister of key petroleum operations

(1) The registered holder of a declared petroleum exploration permit may apply to the responsible Commonwealth Minister for approval to carry on one or more key petroleum operations under the permit.

(2) If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:

(a) give the approval; or

(b) by written notice given to the applicant, refuse to give the approval.

Responsible Commonwealth Minister must have regard to certain matters

(3) In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6) and (7).

(4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key petroleum operations could have on:

(a) operations for the injection of a greenhouse gas substance; or

(b) operations for the storage of a greenhouse gas substance;

that are being, or could be, carried on under:

(d) an existing greenhouse gas holding lease; or

(e) an existing greenhouse gas injection licence; or

(f) if a greenhouse gas assessment permit or a greenhouse gas holding lease is in force over a block or blocks:

(i) a future greenhouse gas holding lease over the block or any of the blocks; or

(ii) a future greenhouse gas injection licence over the block or any of the blocks.

(5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:

(a) operations for the injection of a greenhouse gas substance; or

(b) operations for the storage of a greenhouse gas substance;

that are being, or could be, carried on under:

(d) an existing greenhouse gas holding lease held by a person other than the applicant; or

(e) an existing greenhouse gas injection licence held by a person other than the applicant;

the responsible Commonwealth Minister must have regard to:

(f) whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence, as the case may be, has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and

(g) if so—the terms of that agreement.

(6) If:

(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:

(i) operations for the injection of a greenhouse gas substance; or

(ii) operations for the storage of a greenhouse gas substance;

that could be carried on under:

(iii) a future greenhouse gas holding lease over a block or blocks; or

(iv) a future greenhouse gas injection licence over a block or blocks; and

(b) a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force over the block or any of the blocks; and

(c) the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is held by a person other than the applicant;

the responsible Commonwealth Minister must have regard to:

(d) whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and

(e) if so—the terms of that agreement.

(7) The responsible Commonwealth Minister must have regard to the public interest.

(8) Subsections (4), (5) and (6) do not limit subsection (7).

(9) Subsections (4), (5), (6) and (7) do not limit the matters to which the responsible Commonwealth Minister may have regard.

Responsible Commonwealth Minister must not give approval in certain circumstances

(10) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:

(a) operations for the injection of a greenhouse gas substance; or

(b) operations for the storage of a greenhouse gas substance;

that are being, or could be, carried on under an existing greenhouse gas injection licence, the responsible Commonwealth Minister must not give the approval unless the registered holder of the greenhouse gas injection licence has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied.

No right to an approval

(11) To avoid doubt, section 98 does not imply that a petroleum exploration permittee who applies for approval under subsection (1) of this section is entitled to be given the approval.

Suspension of rights

(12) For the purposes of this section, disregard a suspension of rights under section 438.

101 Declared petroleum exploration permits

(1) If:

(a) a post‑commencement petroleum exploration permit is in force; and

(b) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the permit will have a significant adverse impact on:

(i) operations for the injection of a greenhouse gas substance; or

(ii) operations for the storage of a greenhouse gas substance;

that are being, or could be, carried on under:

(iii) an existing greenhouse gas assessment permit; or

(iv) an existing greenhouse gas holding lease; or

(v) an existing greenhouse gas injection licence; or

(vi) a future greenhouse gas assessment permit; or

(vii) a future greenhouse gas holding lease; or

(viii) a future greenhouse gas injection licence;

the responsible Commonwealth Minister may, by written notice given to the petroleum exploration permittee, determine that the petroleum exploration permit is a declared petroleum exploration permit for the purposes of this Act.

(2) If:

(a) a determination is in force under subsection (1) in relation to a post‑commencement petroleum exploration permit; and

(b) the responsible Commonwealth Minister is not satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the permit will have a significant adverse impact on:

(i) operations for the injection of a greenhouse gas substance; or

(ii) operations for the storage of a greenhouse gas substance;

that are being, or could be, carried on under:

(iii) an existing greenhouse gas assessment permit; or

(iv) an existing greenhouse gas holding lease; or

(v) an existing greenhouse gas injection licence; or

(vi) a future greenhouse gas assessment permit; or

(vii) a future greenhouse gas holding lease; or

(viii) a future greenhouse gas injection licence;

the responsible Commonwealth Minister must, by written notice given to the petroleum exploration permittee, revoke the determination.

102 Duration of petroleum exploration permit

(1) The duration of a petroleum exploration permit is worked out using the table:

Duration of petroleum exploration permits
Item	This kind of permit...	remains in force...
1	an original petroleum exploration permit (other than a boundary‑change petroleum exploration permit)	for the period of 6 years beginning on: (a) the day on which the permit is granted; or (b) if a later day is specified in the permit as the day on which the permit is to come into force—that later day.
2	a petroleum exploration permit granted by way of renewal	for the period of 5 years beginning on: (a) the day on which the permit is granted; or (b) if a later day is specified in the permit as the day on which the permit is to come into force—that later day.
3	a boundary‑change petroleum exploration permit granted under subsection 118A(4)	for the period of 5 years beginning on the day on which the permit is granted.
4	a boundary‑change petroleum exploration permit granted under subsection 118A(5)	for the period of 12 months beginning on the day on which the permit is granted.

(2) Subsection (1) has effect subject to this Chapter.

Note 1: For a special rule about the extension of the duration of a petroleum exploration permit if the permittee applies for a petroleum retention lease or petroleum production licence, see section 103.

Note 2: For a special rule about the extension of the duration of petroleum exploration permits pending decisions on renewal applications, see subsection 119(5).

Note 3: For a special rule about the extension of the duration of cash‑bid petroleum exploration permits, see section 114.

Note 4: For special rules about the extension of the duration of a petroleum exploration permit following a suspension decision, see sections 265 and 267.

Note 4A: For a special rule about the extension of the duration of a petroleum exploration permit pending a suspension decision, see section 265A.

Note 5: For the revocation of a petroleum exploration permit, see section 188 and clause 8 of Schedule 4.

Note 6: For special rules about when a petroleum exploration permit ceases to be in force following the grant of a petroleum retention lease or petroleum production licence, see sections 145 and 176.

Note 7: For the surrender of a petroleum exploration permit, see Part 2.12.

Note 8: For the cancellation of a petroleum exploration permit, see Part 2.13.

103 Extension of petroleum exploration permit if permittee applies for petroleum retention lease or petroleum production licence

(1) If:

(a) a petroleum exploration permit over a block or blocks cannot be renewed or further renewed; and

(b) before the time when the permit would, apart from this subsection, expire, the permittee applies to the Titles Administrator for the grant by the Joint Authority of a petroleum retention lease or petroleum production licence over the block or one or more of the blocks; and

the table has effect:

Extension of permit
Item	In this case...	the permit continues in force over the block or blocks covered by the application until...
1	the Joint Authority gives the permittee an offer document relating to a petroleum retention lease or petroleum production licence over the block or one or more of the blocks	the lease or licence is granted, the permittee withdraws the application or the application lapses.
2	the application is for a petroleum retention lease and the Joint Authority decides not to grant the lease to the permittee	the end of the period of one year after the day on which the notice of refusal was given to the permittee.
3	the application is for a petroleum production licence and the Joint Authority decides not to grant the licence to the permittee	notice of the decision is given to the permittee.

(2) Subsection (1) has effect subject to this Chapter but despite section 102.

Note: See the notes at the end of section 102.

Division 2—Obtaining a work‑bid petroleum exploration permit

104 Application for work‑bid petroleum exploration permit—advertising of blocks

Invitation to apply for a petroleum exploration permit

(1) The Joint Authority may, by notice published in the Gazette:

(a) invite applications for the grant by the Joint Authority of a petroleum exploration permit over the block, or any or all of the blocks, specified in the notice; and

(b) specify a period within which applications may be made.

(2) If the Joint Authority has published a notice under subsection 110(1) inviting applications for the grant of a petroleum exploration permit over a block, the block must not be specified in a notice under subsection (1) of this section at any time during the period specified in the subsection 110(1) notice.

Note: Subsection 110(1) deals with cash‑bid petroleum exploration permits.

Application for petroleum exploration permit

(3) An application under this section must:

(a) be in the approved form; and

(b) be accompanied by any information or documents required by the form.

(3A) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Joint Authority before the end of the period specified in the notice published under subsection (1).

Note 1: Part 2.10 contains additional provisions about application procedures.

Note 2: Section 256 requires the application to be accompanied by an application fee.

Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.

Maximum number of blocks

(4) The number of blocks specified in an application under this section must not be more than 400.

Minimum number of blocks

(5) If 16 or more blocks are available, the number of blocks specified in an application under this section must not be less than 16.

(6) If less than 16 blocks are available, the number of blocks specified in an application under this section must be the number available.

(7) Subsections (5) and (6) do not apply to applications if the Joint Authority, for reasons that the Joint Authority thinks sufficient, includes in the subsection (1) notice a direction that subsections (5) and (6) do not apply to those applications.

Attributes of blocks

(8) The blocks specified in an application under this section must be blocks that are constituted by graticular sections that:

(a) constitute a single area; and

(b) are such that each graticular section in that area has a side in common with at least one other graticular section in that area.

(9) Subsection (8) does not apply to applications if the Joint Authority, for reasons that the Joint Authority thinks sufficient, includes in the subsection (1) notice a direction that subsection (8) does not apply to those applications.

105 Grant of work‑bid petroleum exploration permit—offer document

Scope

(1) This section applies if an application for the grant of a petroleum exploration permit has been made under section 104.

Offer document

(2) The Joint Authority may:

(a) give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant a petroleum exploration permit over the block or blocks specified in the offer document; or

(b) by written notice given to the applicant, refuse to grant a petroleum exploration permit to the applicant.

Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

Note 2: If the applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).

(3) In deciding whether to give the applicant an offer document, the Joint Authority:

(a) must have regard to the matters specified in subsection (4); and

(b) may have regard to any other matters the Joint Authority considers relevant.

(4) The matters are as follows:

(a) whether the technical advice and financial resources available to the applicant are sufficient to:

(i) carry out the operations and works that will be authorised by the permit; and

(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;

(b) the matters specified in section 695YB as they apply to the applicant;

(c) if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

(d) any other matters prescribed by the regulations.

106 Ranking of multiple applicants for work‑bid petroleum exploration permit

Scope

(1) This section applies if:

(a) the Joint Authority publishes a notice under subsection 104(1) inviting applications for the grant of a petroleum exploration permit; and

(b) at the end of the period specified in the notice, 2 or more applications have been made under section 104 for the grant of a petroleum exploration permit over the same block or blocks.

Most deserving applicant may be given offer document

(2) The Joint Authority may give an offer document under section 105 to whichever applicant, in the Joint Authority’s opinion, is most deserving of the grant of the petroleum exploration permit.

(3) In determining which of the applicants is most deserving of the grant of the petroleum exploration permit, the Joint Authority must have regard to criteria made publicly available by the Joint Authority.

Ranking of applicants

(4) For the purposes of this section, the Joint Authority may rank the applicants in the order in which, in the Joint Authority’s opinion, they are deserving of the grant of the petroleum exploration permit, with the most deserving applicant being ranked highest.

(5) The Joint Authority may exclude from the ranking any applicant who, in the Joint Authority’s opinion, is not deserving of the grant of the petroleum exploration permit.

Applicants who are equally deserving of the grant of the petroleum exploration permit

(6) If the Joint Authority:

(a) has considered the information accompanying the applications; and

(b) is of the opinion that 2 or more of the applicants are equally deserving of the grant of the petroleum exploration permit;

the Joint Authority may, by written notice given to each of those applicants, invite them to give the Joint Authority details (the work/expenditure details) of their proposals for additional work and expenditure in relation to the block or blocks concerned.

(7) A notice under subsection (6) must:

(a) specify the kinds of work/expenditure details that the Joint Authority considers to be relevant in determining which of the applicants is most deserving of the grant of the petroleum exploration permit; and

(b) specify the period within which the work/expenditure details must be given to the Joint Authority.

(8) If an applicant gives work/expenditure details to the Joint Authority, and those details are:

(a) of a kind specified in the notice; and

(b) given within the period specified in the notice;

the Joint Authority must have regard to the details in determining which of the applicants is most deserving of the grant of the petroleum exploration permit.

Criteria

(9) An instrument setting out criteria under subsection (3) is not a legislative instrument.

Note: See also section 109, which deals with the effect of the withdrawal or lapse of an application.

107 Grant of work‑bid petroleum exploration permit

If:

(a) an applicant has been given an offer document under section 105; and

(b) the applicant has made a request under section 260 in relation to the offer document within the period applicable under that section;

the Joint Authority must grant the applicant a petroleum exploration permit over the block or blocks specified in the offer document.

Note: If the applicant does not make a request under section 260 within the period applicable under that section, the application lapses at the end of that period—see subsection 260(4).

108 Withdrawal of application

Scope

(1) This section applies if the Joint Authority publishes a notice under subsection 104(1) inviting applications for the grant of a petroleum exploration permit.

Withdrawal by single applicant

(2) If a person has made an application, the person may, by written notice given to the Joint Authority, withdraw the application at any time before a petroleum exploration permit is granted as a result of the application.

Withdrawal by all joint applicants

(3) If 2 or more persons have made a joint application, all of those persons may, by written notice given to the Joint Authority, withdraw the application at any time before a petroleum exploration permit is granted as a result of the application.

Withdrawal by one or more, but not all, joint applicants

(4) If:

(a) a joint application was made under section 104 for the grant of a petroleum exploration permit; and

(b) all of the joint applicants, by written notice given to the Joint Authority, tell the Joint Authority that one or more, but not all, of them, as specified in the notice, withdraw from the application;

then:

(d) if the Joint Authority had given the joint applicants an offer document in relation to the application—the Joint Authority is taken not to have given the offer document to the joint applicants.

109 Effect of withdrawal or lapse of application

Scope

(1) This section applies if:

(a) 2 or more applications have been made under section 104 for the grant of a petroleum exploration permit over the same block or blocks; and

(b) one or more, but not all, of the applications are withdrawn or have lapsed.

Application is taken not to have been made

(2) A withdrawn or lapsed application is taken not to have been made.

Offer document is taken not to have been given

(3) If the Joint Authority gave an offer document in relation to a withdrawn or lapsed application, the Joint Authority is taken not to have given an offer document in relation to the withdrawn or lapsed application.

Request to grant petroleum exploration permit

(4) If the applicant, or one of the applicants, whose application had been withdrawn had requested the Joint Authority under section 260 to grant a petroleum exploration permit to the applicant concerned, the request is taken not to have been made.

Refusal to grant petroleum exploration permit

(5) If the following conditions are satisfied in relation to a remaining applicant:

(a) the Joint Authority had refused to grant a petroleum exploration permit to the remaining applicant;

(b) the Joint Authority did not exclude the remaining applicant from the ranking under subsection 106(5);

the refusal is taken not to have occurred.

Division 3—Obtaining a cash‑bid petroleum exploration permit

110 Cash‑bid petroleum exploration permit—application

Invitation to apply for a petroleum exploration permit

(1) The Joint Authority may, by notice published in the Gazette:

(a) invite applications for the grant by the Joint Authority of a petroleum exploration permit by way of cash bidding over the block or blocks specified in the notice; and

(b) specify a period within which applications may be made.

(2) If the Joint Authority has published a notice under subsection 104(1) inviting applications for the grant of a petroleum exploration permit over a block, the block must not be specified in a notice under subsection (1) of this section at any time during the period specified in the subsection 104(1) notice.

Note: Subsection 104(1) deals with work‑bid petroleum exploration permits.

(3) A notice under subsection (1) must:

(a) state whether the permit is able to be renewed; and

(b) contain a summary of the conditions to which the permit will be subject; and

(c) specify the matters that the Joint Authority will take into account in deciding under section 111 whether to invite the applicant to make a cash bid.

Reserve price

(3A) Before publishing a notice under subsection (1), the Joint Authority must, in writing, determine a reserve price for the grant of the permit.

(3B) A notice under subsection (1) may specify the reserve price so determined, but does not need to do so.

(3C) A determination under subsection (3A) is not a legislative instrument.

More than one block

(4) If a notice under subsection (1) specifies more than one block, those blocks must be constituted by graticular sections that:

(a) constitute a single area; and

(b) are such that each graticular section in that area has a side in common with at least one other graticular section in that area.

Application for petroleum exploration permit

(5) If a notice under subsection (1) specifies more than one block, an application under this section must be for a petroleum exploration permit over all of the specified blocks.

(6) An application under this section must:

(a) be in the approved form; and

(b) be accompanied by any information or documents required by the form.

(7) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Joint Authority before the end of the period specified in the notice published under subsection (1).

Note 1: Part 2.10 contains additional provisions about application procedures.

Note 2: Section 256 requires the application to be accompanied by an application fee.

Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.

111 Cash‑bid petroleum exploration permit—cash bids

Invitations to make a cash bid

(1) For each application for a cash‑bid petroleum exploration permit in accordance with a notice under subsection 110(1), the Joint Authority must by written notice to each applicant:

(a) invite the applicant (an eligible applicant) to make a cash bid for the grant of the permit within a period stated in the invitation; or

(b) reject the application.

(1A) In making a decision under subsection 111(1), the Joint Authority:

(a) must take into account:

(i) the matters specified in the notice under paragraph 110(3)(c); and

(ii) the matters specified in subsection (1B); and

(b) may take into account any other matters the Joint Authority considers relevant.

(1B) The matters are as follows:

(a) whether the technical advice and financial resources available to the applicant are sufficient to:

(i) carry out the operations and works that will be authorised by the permit; and

(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;

(b) the matters specified in section 695YB as they apply to the applicant;

(c) if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

(d) any other matters prescribed by the regulations.

How to make a cash bid

(2) An eligible applicant may make a single cash bid in response to the invitation under subsection (1) by written notice to the Joint Authority:

(a) given within the period stated in the invitation; and

(b) specifying an amount (the cash bid) the applicant would be prepared to pay for the grant of a permit; and

Note 1: A cash bid must be made in an approved manner (see section 255).

Note 2: The Joint Authority can only make an offer of the grant of a permit to an applicant at a price that is equal to or higher than the reserve price (see sections 112 and 112A). The reserve price may be specified in the notice under subsection 110(1), but it need not be (see subsection 110(3B)).

(3) A deposit accompanying a notice under subsection (2) is taken to be paid to the Titles Administrator on behalf of the Commonwealth.

(3A) A notice under subsection (2) is taken to be accompanied by a deposit of 10% of the cash bid if the deposit is received by the Titles Administrator, on behalf of the Commonwealth, before the end of the period stated in the invitation.

Lapsed applications

(4) If an eligible applicant does not respond to the invitation in accordance with subsection (2), the application lapses.

112 Cash‑bid petroleum exploration permit—cash bids less than the reserve price

Scope

(1) This section applies to an eligible applicant for the grant of a cash‑bid petroleum exploration whose cash bid under section 111 is less than the reserve price determined under section 110 for the grant of the permit.

Note: The reserve price may be specified in the notice under subsection 110(1) in relation to the grant of the permit, but it need not be (see subsection 110(3B)).

Rejection of applications generally

(2) The Joint Authority must reject the application by written notice to the applicant unless:

(a) the reserve price is not specified in the notice under subsection 110(1); and

(b) the applicant’s cash bid is:

(i) the only cash bid, or the highest cash bid, for the grant of the permit that is less than the reserve price; or

(ii) equal to one or more other cash bids which are the only cash bids, or the highest cash bids, for the grant of the permit that are less than the reserve price.

Note: Applications to which paragraphs (a) and (b) apply may be rejected under subsection (3) of this section, or following the grant of the permit to another applicant under section 113. They may also lapse under section 260A if the applicant fails to respond to an offer made under subsection (3) of this section.

Offer of grant of permit at reserve price

(3) The following table applies if:

(a) the reserve price is not specified in the notice under subsection 110(1); and

(b) the only cash bids for the grant of the permit made under section 111 are less than the reserve price.

Offer of grant of permit at reserve price
Item	If …	then …
1	the applicant’s cash bid is: (a) the only cash bid; or (b) the single highest cash bid	the Joint Authority must: (a) give a written notice (called an offer document) to the applicant telling the applicant that the Joint Authority is prepared to grant the permit to the applicant for a specified permit price that is equal to the reserve price; or (b) reject the application by written notice to the applicant.
2	2 or more applicants (tied applicants) make cash bids that are: (a) equal to each other’s cash bids; and (b) either the only cash bids, or higher than all the other cash bids	the Joint Authority must: (a) give an offer document to the tied applicant whose cash bid was received earliest telling that tied applicant that the Joint Authority is prepared to grant the permit to the tied applicant for a specified permit price that is equal to the reserve price; or (b) reject the application, and those of all the other tied applicants, by written notice to each tied applicant.

Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

Note 2: If an applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document.

(4) In considering whether to give an offer document to an applicant under subsection (3), the Joint Authority must have regard to the difference between the applicant’s cash bid and the reserve price.

Refund of deposit to rejected applicants

(5) If the Joint Authority rejects an application under this section, the Titles Administrator, on behalf of the Commonwealth, must refund to the applicant an amount equal to the applicant’s deposit under section 111.

112A Cash‑bid petroleum exploration permit—highest cash bids at or over the reserve price

Scope

(1) This section applies in relation to a cash bid (a qualifying cash bid) under section 111 by an eligible applicant for the grant of a cash‑bid petroleum exploration permit that is equal to or higher than the reserve price determined under section 110.

Issue of offer documents etc.

(2) The following table sets out the circumstances in which the Joint Authority must give an offer document, or an invitation to make a tie‑breaking cash bid, to an eligible applicant who makes a qualifying cash bid.

Issue of offer documents or tie‑breaking invitations
Item	If …	the Joint Authority must …
1	the applicant’s cash bid is: (a) the only qualifying cash bid; or (b) the single highest qualifying cash bid	give a written notice (called an offer document) to the applicant telling the applicant that the Joint Authority is prepared to grant the permit to the applicant.
2	2 or more eligible applicants (tied applicants) make qualifying cash bids that are: (a) equal to each other’s cash bids; and (b) either the only qualifying cash bids, or higher than all the other qualifying cash bids	invite each tied applicant, by written notice (a tie‑breaking invitation), to make a higher cash bid within a period stated in the tie‑breaking invitation.

Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

Note 2: If an applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document.

112B Cash‑bid petroleum exploration permit—tie‑breaking invitation

Scope

(1) This section applies if the Joint Authority, under section 112A, makes a tie‑breaking invitation to 2 or more tied applicants for the grant of a cash‑bid petroleum exploration permit.

Responses to the tie‑breaking invitation

(2) Before the end of the period stated in the tie‑breaking invitation, a tied applicant may, by written notice to the Joint Authority, make a further cash bid (a tie‑breaking cash bid) higher than the applicant’s previous cash bid.

Note: A tie‑breaking cash bid must be made in an approved manner (see section 255).

(3) The following table sets out the process for dealing with responses (if any) to the tie‑breaking invitation.

Responses to the tie‑breaking invitation
Item	If …	then …
1	a tied applicant makes a tie‑breaking cash bid within the period stated in the tie‑breaking invitation that is: (a) the only tie‑breaking cash bid; or (b) the single highest tie‑breaking cash bid	the Joint Authority must give a written notice (called an offer document) to that tied applicant telling the applicant that the Joint Authority is prepared to grant the permit to the applicant.
2	there are 2 or more tie‑breaking cash bids by applicants (further‑tie applicants) made within the period stated in the tie‑breaking invitation that are: (a) equal to each other; and (b) either the only tie‑breaking cash bids, or higher than all the other tie‑breaking cash bids	the Joint Authority must give an offer document to the further‑tie applicant whose tie‑breaking cash bid was received earliest.
3	none of the tied applicants makes a tie‑breaking cash bid within the period stated in the tie‑breaking invitation	the Joint Authority must give an offer document to the tied applicant whose cash bid under section 111 was received earliest.

Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

Note 2: If an applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document.

113 Cash‑bid petroleum exploration permit—grant

(1) If:

(a) an applicant has been given an offer document under section 112, 112A or 112B; and

(b) the applicant has made a request under section 260 in relation to the offer document within the period applicable under that section; and

(c) the applicant has, within the applicable period under section 260, paid to the Titles Administrator, on behalf of the Commonwealth, the amount specified in the offer document as the balance of the permit price;

the Joint Authority must grant the applicant a petroleum exploration permit over the block or blocks specified in the offer document.

Note 1: If the applicant does not make a request under section 260 within the period applicable under that section, the application lapses at the end of that period—see subsection 260(4).

Note 2: If the applicant has not paid the specified amount within the period applicable under section 261, the application lapses at the end of that period—see subsection 261(1).

(2) If the Joint Authority grants a petroleum exploration permit to an applicant under subsection (1):

(a) the Joint Authority must reject all other applications for the permit (other than those that have already been rejected, or have lapsed), by written notice to each of those applicants (each rejected applicant); and

(b) the Titles Administrator, on behalf of the Commonwealth, must refund to each rejected applicant an amount equal to the rejected applicant’s deposit under section 111.

Note 1: An application may have already been rejected under section 111 (if the applicant is not invited to make a cash bid) or 112 (if the applicant’s cash bid is less than the reserve price).

Note 2: An application may have already lapsed under section 111 (if the applicant fails to respond to a cash‑bid invitation) or 260A (if the applicant fails to respond to an offer).

114 Extension of cash‑bid petroleum exploration permit

Scope

(1) This section applies if:

(a) a cash‑bid petroleum exploration permit expires; and

(b) the permit cannot be renewed.

Note: See section 120 (non‑renewable permits) and section 121 (limit on renewal of permits).

Extension of permit—requirement to nominate blocks as location

(2) If, before the expiry of the permit:

(a) the Joint Authority had required the permittee to nominate, under section 130, a block or blocks in relation to which the permit was in force; and

(b) the permittee had not complied with the requirement;

the permit continues in force over that block or those blocks until the end of the period the permittee has to comply with the requirement.

Extension of permit—nomination of blocks as location, declaration of location

(3) If, before the expiry of the permit:

(a) a block or blocks in relation to which the permit was in force had been nominated under section 129; or

(b) both:

(i) a declaration under section 131 had been made in relation to a block or blocks in relation to which the permit was in force; and

(ii) the permittee had not requested that the declaration be revoked;

the permit continues in force over that block or those blocks until whichever of the following events happens first:

(d) a petroleum retention lease or a petroleum production licence is granted in relation to the block or blocks;

(e) the application period referred to in section 141 in relation to the block or blocks ends without the permittee making an application under that section for a petroleum retention lease in relation to the block or blocks;

(f) if the Royalty Act does not apply to the permit—the application period referred to in section 169 in relation to the block or blocks ends without the permittee making an application under section 168 for a petroleum production licence over the block or blocks;

(g) if the Royalty Act applies to the permit—the application period referred to in clause 3 of Schedule 4 in relation to the block or blocks ends without the permittee making an application under clause 2 of Schedule 4 for a petroleum production licence over the block or blocks.

(4) This section has effect subject to this Chapter but despite section 102.

Note: See the notes at the end of section 102.

Division 4—Obtaining a special petroleum exploration permit over a surrendered block or certain other blocks

115 Application for a special petroleum exploration permit over a surrendered block or certain other blocks

Invitation to apply for a petroleum exploration permit

(1) If:

(a) a petroleum retention lease is surrendered, cancelled or revoked to the extent to which it relates to a block or blocks; or

(b) a petroleum production licence is surrendered or cancelled to the extent to which it relates to a block or blocks; or

(d) both:

(i) a petroleum exploration permit is surrendered, cancelled or revoked to the extent to which it relates to a block or blocks; and

(ii) at the time of the surrender, cancellation or revocation, the block or blocks were, or were included in, a location;

the Joint Authority may, at any later time, by notice published in the Gazette:

(e) invite applications for the grant by the Joint Authority of a petroleum exploration permit over that block or such of those blocks as are specified in the notice; and

(f) specify a period within which applications may be made.

(2) A notice under subsection (1) must state that an applicant must specify an amount that the applicant would be prepared to pay for the grant of the permit.

Application for petroleum exploration permit

(3) If a notice under subsection (1) specifies more than one block, an application under this section must be for a petroleum exploration permit over all of the specified blocks.

(4) An application under this section must:

(a) be in the approved form; and

(b) specify the amount that the applicant would be prepared to pay for the grant of the permit; and

(4A) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Joint Authority before the end of the period specified in the notice published under subsection (1).

Note 1: Part 2.10 contains additional provisions about application procedures.

Note 2: Section 256 requires the application to be accompanied by an application fee.

Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information.

Deposit

(5) An application under this section must be accompanied by a deposit of 10% of the amount that the applicant has specified under paragraph (4)(b).

(5A) An application under this section is taken to be accompanied by a deposit of 10% of the amount that the applicant has specified under paragraph (4)(b) if the deposit is received by the Titles Administrator, on behalf of the Commonwealth, before the end of the period specified in the notice published under subsection (1).

Refund of deposit

(6) If the permit is not granted, the deposit must be refunded to the applicant.

(7) Subsection (6) does not apply if:

(a) the applicant has been given an offer document under section 116 or 117 in relation to the application; and

(b) the applicant does not, under section 260, request the grant of the permit.

116 Grant of special petroleum exploration permit—only one application

Scope

(1) This section applies if:

(a) the Joint Authority publishes a notice under subsection 115(1) inviting applications for the grant of a petroleum exploration permit over a block or blocks; and

(b) at the end of the period specified in the notice, only one application has been made under section 115 in relation to the block or blocks.

Offer document

(2) The Joint Authority may:

(b) by written notice given to the applicant, reject the application.

Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

Note 2: If the applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).

(3) In deciding whether to give the applicant an offer document, the Joint Authority:

(a) must have regard to the matters specified in subsection (4); and

(b) may have regard to any other matters the Joint Authority considers relevant.

(4) The matters are as follows:

(a) whether the technical advice and financial resources available to the applicant are sufficient to:

(i) carry out the operations and works that will be authorised by the permit; and

(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;

(b) the matters specified in section 695YB as they apply to the applicant;

(c) if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

(d) any other matters prescribed by the regulations.

117 Grant of special petroleum exploration permit—2 or more applications

Scope

(1) This section applies if:

(a) the Joint Authority publishes a notice under subsection 115(1) inviting applications for the grant of a petroleum exploration permit over a block or blocks; and

(b) at the end of the period specified in the notice, 2 or more applications have been made under section 115 in relation to the block or blocks.

Rejection of applications

(2) The Joint Authority may reject any or all of the applications.

Unrejected applications

(3) If the Joint Authority does not reject all of the applications, the table has effect:

Unrejected applications
Item	If...	the Joint Authority may give a written notice (called an offer document) to...
1	only one application remains unrejected	the applicant.
2	(a) 2 or more applications remain unrejected; and (b) the amounts specified in the applications under paragraph 115(4)(b) are equal	one of those applicants.
3	(a) 2 or more ap