Chapter 4—Registration of transfers of, and dealings in, petroleum titles
Part 4.1—Introduction
466 Simplified outline
The following is a simplified outline of this Chapter:
• The Titles Administrator must keep a Register, for each offshore area, of petroleum titles and petroleum special prospecting authorities that relate to that offshore area.
• A transfer of a petroleum title must be approved by the Titles Administrator, and an instrument of transfer must be registered under this Part.
• A dealing in a petroleum title must be approved by the Titles Administrator, and the approval must be entered in the relevant Register.
467 Definitions
In this Chapter:
Register means a Register kept under section 469.
relevant Register:
(a) in relation to a title or a petroleum special prospecting authority—means the Register for the offshore area to which the title or petroleum special prospecting authority relates; or
(b) in relation to a notice under subsection 191(5), (6) or (7) that relates to a petroleum pool that is wholly or partly situated in an offshore area—means the Register for the offshore area.
title means:
(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 access authority.
468 Dealing—series of debentures
For the purposes of this Chapter, if a dealing forms a part of the issue of a series of debentures, all of the dealings constituting the issue of that series of debentures are taken to be one dealing.
Part 4.2—Register of titles and petroleum special prospecting authorities
469 Register to be kept
The Titles Administrator must keep a Register, for each offshore area, of:
(a) titles; and
(b) petroleum special prospecting authorities;
relating to the offshore area.
470 Entries in Register—general
Memorial
(1) The Titles Administrator must enter in the relevant Register a memorial for each title and petroleum special prospecting authority.
(2) The memorial must comply with the table:
Content of memorial |
Item | In the case of... | the memorial must... |
1 | a title or petroleum special prospecting authority | specify the name of the holder of the title or petroleum special prospecting authority. |
2 | a petroleum exploration permit, petroleum retention lease, petroleum production licence, petroleum special prospecting authority or petroleum access authority | set out an accurate description (including, where convenient, a map) of the permit area, lease area, licence area or authority area. |
3 | an infrastructure licence | set out details of the licence area. |
4 | a pipeline licence | set out an accurate description of the route of the pipeline. |
5 | a title or petroleum special prospecting authority | specify the term of the title or petroleum special prospecting authority. |
6 | a title or petroleum special prospecting authority | set out such other matters and things as are required by this Act to be entered in the Register. |
7 | a title or petroleum special prospecting authority | set out such further matters relating to the registered holder, or to the conditions of the title or petroleum special prospecting authority, as the Titles Administrator thinks proper and expedient in the public interest. |
(3) The Titles Administrator must enter in the relevant Register a memorial of:
(a) a notice or instrument:
(i) varying; or
(ii) cancelling (to any extent); or
(iii) surrendering (to any extent); or
(iv) otherwise affecting;
a title or petroleum special prospecting authority; or
(b) a notice under subsection 191(5), (6) or (7); or
(c) a notice or instrument varying or revoking a notice or instrument referred to in paragraph (a) or (b).
Note 1: Subparagraph (a)(iv) would cover, for example, a notice terminating a petroleum production licence, infrastructure licence or pipeline licence, or a notice revoking a petroleum retention lease or petroleum access authority.
Note 2: Subsections 191(5), (6) and (7) deal with unit development.
Copy of title may be entered instead of memorial
(4) It is a sufficient compliance with the requirements of subsection (1), (2) or (3) if the Titles Administrator enters a copy of the title, petroleum special prospecting authority, notice or instrument in the relevant Register.
Date of entry to be endorsed
(5) The Titles Administrator must endorse on:
(a) the memorial; or
(b) the copy of the title, petroleum special prospecting authority, notice or instrument;
a memorandum of the date on which the memorial or copy was entered in the relevant Register.
471 Entry in Register—cessation, revocation or expiry of title
If an event specified in the table happens, the Titles Administrator must enter in the relevant Register a memorial of the fact.
Cessation of title etc. |
Item | Event |
1 | A petroleum exploration permit or petroleum retention lease ceases to be in force over a block in relation to which a petroleum production licence is granted. |
2 | A petroleum exploration permit ceases to be in force over a block in relation to which a petroleum retention lease is granted. |
3 | A petroleum exploration permit is wholly or partly revoked. |
4 | A petroleum retention lease is wholly or partly revoked otherwise than under section 158. |
5 | A petroleum exploration permit, petroleum retention lease, petroleum production licence, petroleum special prospecting authority or petroleum access authority expires. |
471A Notation in Register—applicable datum
The Titles Administrator may make a notation in the relevant Register about the applicable datum for a title, petroleum special prospecting authority, notice or instrument.
Part 4.3—Transfer of titles
472 Approval and registration of transfers
A transfer of a title is of no force until:
(a) it has been approved by the Titles Administrator; and
(b) an instrument of transfer is registered as provided by this Part.
473 Application for approval of transfer
(1) One of the parties to a proposed transfer of a title may apply to the Titles Administrator for approval of the transfer.
(2) An application must be made in an approved manner.
Note: Section 516A requires the application to be accompanied by an application fee.
(3) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (2).
474 Documents to accompany application
(1) An application for approval of a transfer must:
(a) be in the approved form; and
(b) be accompanied by an instrument of transfer, in the form approved in an instrument under subsection (4), executed by:
(i) the registered holder or, if there are 2 or more registered holders, by each registered holder; and
(ii) the transferee or, if there are 2 or more transferees, by each transferee; and
(c) be accompanied by any other information or documents required by the form.
(2) An application for approval of a transfer is taken to be accompanied by the instrument of transfer referred to in paragraph (1)(b) if that instrument is given to the Titles Administrator before the end of the period applicable under subsection 476(1).
(3) If the approved form requires the application to be accompanied by any other 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 Titles Administrator before the end of the period applicable under subsection 476(1).
(4) The Titles Administrator may, by notifiable instrument, approve a form for the purposes of paragraph (1)(b).
476 Time limit for application
(1) An application for approval of a transfer must be made within:
(a) 90 days after the day on which the party who last executed the instrument of transfer so executed the instrument of transfer; or
(b) such longer period as the Titles Administrator allows.
(2) The Titles Administrator may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.
477 Date of application to be entered in Register
If an application is made for approval of a transfer, the Titles Administrator:
(a) must enter a memorandum in the relevant Register of the date on which the application was lodged; and
(b) may make such other notation in the relevant Register as the Titles Administrator considers appropriate.
478 Approval of transfer
Scope
(1) This section applies if an application is made for approval of a transfer.
Decision
(2) The Titles Administrator must:
(a) approve the transfer; or
(b) refuse to approve the transfer.
(3) Before deciding whether to approve a transfer of a title, the Titles Administrator may consult with one or more of the following:
(a) the Joint Authority;
(b) NOPSEMA;
(c) the responsible Commonwealth Minister.
(3A) In deciding whether to approve a transfer of a title, the Titles Administrator:
(a) must have regard to the matters specified in subsection (3B); and
(b) may have regard to the matters raised in consultations (if any) under subsection (3); and
(c) may have regard to any other matters the Titles Administrator considers relevant.
(3B) The matters are as follows:
(a) whether the technical advice and financial resources available to the transferee or transferees are sufficient to:
(i) carry out the operations and works that are authorised by the title; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the title;
(b) the matters specified in section 695YB as they apply to the transferee or transferees;
(c) if the transferee or transferees 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.
(4) The Titles Administrator must, by written notice given to the applicant, notify the applicant of the Titles Administrator’s decision.
(5) If the Titles Administrator refuses to approve the transfer, the Titles Administrator must make a notation of the refusal in the relevant Register.
479 Registration of transfer
Scope
(1) This section applies if the Titles Administrator approves the transfer of a title.
Endorsement
(2) The Titles Administrator must immediately endorse a memorandum of approval on the instrument of transfer.
(3) The Titles Administrator must enter in the relevant Register a memorandum of:
(a) the transfer; and
(b) the name of the transferee or of each transferee.
(4) On the entry in the relevant Register of the memorandum:
(a) the transfer is taken to be registered; and
(b) the transferee becomes the registered holder, or the transferees become the registered holders, of the title.
(5) If the transfer is registered:
(a) a copy of the instrument of transfer endorsed with the memorandum of approval must be:
(i) retained by the Titles Administrator; and
(ii) made available for inspection in accordance with this Chapter; and
(b) if the instrument of transfer was provided in hard copy—the instrument of transfer endorsed with the memorandum of approval must be returned to the person who applied for approval of the transfer; and
(c) if the instrument of transfer was provided electronically—a copy of the instrument of transfer endorsed with the memorandum of approval must be given to the person who applied for approval of the transfer.
480 Instrument of transfer does not create an interest in the title
The mere execution of an instrument of transfer of a title creates no interest in the title.
481 Limit on effect of approval of transfers
The approval of a transfer of a title does not give to the transfer any force, effect or validity that the transfer would not have had if this Chapter had not been enacted.
Part 4.4—Devolution of title
482 Application to have name entered on the Register as the holder of a title
(1) If the rights of the registered holder of a particular title have devolved on a person by operation of law, the person may apply to the Titles Administrator to have the person’s name entered in the relevant Register as the holder of the title.
(2) The application must be in writing.
483 Entry of name in the Register
Scope
(1) This section applies if an application is made under section 482 in relation to a title.
Entry in Register
(2) If:
(a) the Titles Administrator is satisfied that the rights of the holder have devolved on the applicant by operation of law; and
(b) the applicant has paid the prescribed fee;
the Titles Administrator must enter the name of the applicant in the relevant Register as the holder of the title.
(3) On that entry being made, the applicant becomes the registered holder of the title.
Part 4.5—Change in name of company
484 Application to have new name entered on the Register
(1) If:
(a) a company is the registered holder of a particular title; and
(b) the company has changed its name;
the company may apply to the Titles Administrator to have its new name substituted for its previous name in the relevant Register in relation to that title.
(2) The application must be in writing.
485 Alteration in the Register
Scope
(1) This section applies if a company applies under section 484 to have its new name substituted for its previous name in the relevant Register in relation to a particular title.
Alteration
(2) If:
(a) the Titles Administrator is satisfied that the company has changed its name; and
(b) the company has paid the prescribed fee;
the Titles Administrator must make the necessary alterations in the relevant Register.
Part 4.6—Dealings relating to existing titles
486 Dealings to which this Part applies
This Part applies to a dealing (other than a transfer of a title) that would have one or more of the effects set out in the table:
Effects of dealings |
Item | Effect |
1 | The creation or assignment of an interest in an existing title. |
2 | The creation or assignment of a right (conditional or otherwise) to the assignment of an interest in an existing title. |
3 | The determination of the manner in which persons may: (a) exercise the rights conferred by an existing title; or (b) comply with the obligations imposed by an existing title; or (c) comply with the conditions of an existing title; (including the exercise of those rights, or the compliance with those obligations or conditions, under cooperative arrangements to recover petroleum). |
4 | The creation or assignment of an interest in relation to an existing petroleum exploration permit, petroleum retention lease or petroleum production licence, where the interest is known as: (a) an overriding royalty interest; or (b) a production payment; or (c) a net profits interest; or (d) a carried interest. |
5 | The creation or assignment of an interest that is similar to an interest covered by item 4, where the interest relates to: (a) petroleum produced from operations authorised by an existing petroleum exploration permit, petroleum retention lease or petroleum production licence; or (b) revenue derived as a result of the carrying out of operations authorised by an existing petroleum exploration permit, petroleum retention lease or petroleum production licence. |
6 | The creation or assignment of an option (conditional or otherwise) to enter into a dealing, where the dealing would have one or more of the effects referred to in items 1, 2, 3, 4 and 5. |
7 | The creation or assignment of a right (conditional or otherwise) to enter into a dealing, where the dealing would have one or more of the effects referred to in items 1, 2, 3, 4 and 5. |
8 | The alteration or termination of a dealing, where the dealing would have one or more of the effects referred to in items 1, 2, 3, 4, 5, 6 and 7. |
487 Approval and registration of dealings
A dealing is of no force, in so far as the dealing would have an effect of a kind referred to in the table in section 486 in relation to a particular title, until:
(a) the Titles Administrator has approved the dealing, in so far as it relates to that title; and
(b) the Titles Administrator has made an entry in the relevant Register in relation to the dealing under section 494.
488 Application for approval of dealing
(1) An application for approval of a dealing must be made in accordance with subsection (2) or (3).
Application—dealing relates to only one title
(2) If a dealing relates to only one title, a party to the dealing may apply to the Titles Administrator for approval of the dealing in so far as it relates to that title.
Application—dealing relates to 2 or more titles
(3) If a dealing relates to 2 or more titles, a party to the dealing may make a separate application to the Titles Administrator for approval of the dealing in so far as it relates to each title.
Applications must be made in approved manner
(4) An application must be made in an approved manner.
Note: Section 516A requires the application to be accompanied by an application fee.
(5) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).
489 Documents to accompany application
Instrument evidencing dealing
(1) An application for approval of a dealing must:
(a) be in the approved form; and
(b) be accompanied by the instrument evidencing the dealing; and
(c) be accompanied by any other information or documents required by the form.
(1A) An application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:
(a) has already been lodged with the Titles Administrator for the purposes of another application; or
(b) is given to the Titles Administrator before the end of the period applicable under subsection 491(1) or section 503 (as the case may be).
(1B) If the approved form requires the application to be accompanied by any other information or documents, an application for approval of a dealing is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under subsection 491(1) or section 503 (as the case may be).
Supplementary instrument
(2) An application for approval of a dealing may be accompanied by an instrument in a form approved in an instrument under subsection (5) for the purposes of an application for approval of a dealing of that kind.
(2A) An application for approval of a dealing is taken to be accompanied by the instrument referred to in subsection (2) if that instrument is given to the Titles Administrator before the end of the period applicable under subsection 491(1) or section 503 (as the case may be).
(3) An instrument under subsection (2) is called a supplementary instrument.
(5) The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).
491 Timing of application
(1) An application for approval of a dealing must be made within:
(a) 90 days after the day on which the party who last executed the instrument evidencing the dealing so executed the instrument; or
(b) such longer period as the Titles Administrator allows.
(2) The Titles Administrator may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.
(3) This section has effect subject to section 503.
Note: Section 503 is about approval of a dealing that was entered into before the title came into existence.
492 Application date to be entered in Register
If an application is made for approval of a dealing, the Titles Administrator:
(a) must enter a memorandum in the relevant Register of the date on which the application was lodged; and
(b) may make such other notation in the relevant Register as the Titles Administrator considers appropriate.
493 Approval of dealing
Scope
(1) This section applies if an application is made for approval of a dealing in so far as it relates to a particular title.
Decision
(2) The Titles Administrator must:
(a) approve the dealing; or
(b) refuse to approve the dealing;
in so far as it relates to that title.
Note: Section 503 limits the power conferred on the Titles Administrator by this section. Section 503 is about approval of a dealing that was entered into before the title came into existence.
(3) In deciding whether to approve a dealing, the Titles Administrator:
(a) must have regard to the matters (if any) prescribed by the regulations; and
(b) may have regard to any other matters the Titles Administrator considers relevant.
Notification of decision
(4) The Titles Administrator must, by written notice given to the applicant, notify the applicant of the Titles Administrator’s decision.
Refusal to approve dealing—notation in Register
(5) If the Titles Administrator refuses to approve the dealing in so far as it relates to that title, the Titles Administrator must make a notation of the refusal in the relevant Register.
494 Entry of dealing in Register
Scope
(1) This section applies if the Titles Administrator approves a dealing in so far as it relates to a particular title.
Endorsement
(2) The Titles Administrator must immediately endorse a memorandum of approval on the instrument evidencing the dealing.
Entry in Register
(3) The Titles Administrator must make an entry of the approval of the dealing in the relevant Register on:
(a) the memorial relating to that title; or
(b) the copy of that title.
495 Retention, inspection and return of instruments
Scope
(1) This section applies if the Titles Administrator makes an entry of the approval of a dealing in the relevant Register.
Application accompanied by supplementary instrument
(2) If the application for approval of the dealing was accompanied by a supplementary instrument:
(a) a copy of the supplementary instrument, endorsed with a copy of the memorandum of approval, must be:
(i) retained by the Titles Administrator; and
(ii) made available for inspection in accordance with this Chapter; and
(b) if the supplementary instrument was provided in hard copy—the supplementary instrument must be returned to the person who applied for approval; and
(c) if the supplementary instrument was provided electronically—a copy of the supplementary instrument must be given to the person who applied for approval; and
(d) a copy of the instrument evidencing the dealing must not be made available for inspection in accordance with this Chapter; and
(e) if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and
(f) if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.
Note: For inspection, see section 515.
Application not accompanied by supplementary instrument
(3) If the application for approval of the dealing was not accompanied by a supplementary instrument:
(a) a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be:
(i) retained by the Titles Administrator; and
(ii) made available for inspection in accordance with this Chapter; and
(b) if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and
(c) if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.
Note: For inspection, see section 515.
Definition
(4) In this section:
supplementary instrument has the meaning given by subsection 489(3) or 499(3).
496 Strict compliance with application provisions not required
The approval of a dealing, or the making of an entry in a Register in relation to a dealing, is not made ineffective because of any failure to comply, in relation to the application for approval of the dealing, with the requirements of this Part.
497 Limit on effect of approval of dealing
The approval of a dealing does not give to the dealing any force, effect or validity that the dealing would not have had if this Chapter had not been enacted.
Part 4.7—Dealings in future interests
498 Provisional application for approval of dealing
Scope
(1) This section applies if:
(a) 2 or more persons enter into a dealing relating to a title that may come into existence in the future; and
(b) that dealing would, if the title came into existence, become a dealing to which Part 4.6 applies.
Provisional application—dealing relates to only one title
(2) If the dealing relates to only one title that may come into existence in the future, a party to the dealing may make a provisional application to the Titles Administrator for approval of the dealing.
Provisional application—dealing relates to 2 or more titles
(3) If the dealing relates to 2 or more titles that may come into existence in the future, a party to the dealing may make a separate provisional application to the Titles Administrator for approval of the dealing in relation to each title that may come into existence in the future.
Applications must be made in approved manner
(4) An application must be made in an approved manner.
Note: Section 516A requires the application to be accompanied by an application fee.
(5) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).
499 Documents to accompany provisional application
Instrument evidencing dealing
(1) A provisional application for approval of a dealing must:
(a) be in the approved form; and
(b) be accompanied by the instrument evidencing the dealing; and
(c) be accompanied by any other information or documents required by the form.
(1A) A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:
(a) has already been lodged with the Titles Administrator for the purposes of another application; or
(b) is given to the Titles Administrator before the end of the period applicable under section 501.
(1B) If the approved form requires the application to be accompanied by any other information or documents, a provisional application for approval of a dealing is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under section 501.
Supplementary instrument
(2) A provisional application for approval of a dealing may be accompanied by an instrument in a form approved in an instrument under subsection (5) for the purposes of a provisional application for approval of a dealing of that kind.
(2A) A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in subsection (2) if that instrument is given to the Titles Administrator before the end of the period applicable under section 501.
(3) An instrument under subsection (2) is called a supplementary instrument.
(5) The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).
501 Timing of provisional application
A provisional application must be made within the period worked out using the table:
Period for making a provisional application |
Item | In this case... | the period begins on... | and ends on... |
1 | a provisional application for approval of a dealing relating to any of the following titles that may come into existence in the future: (a) a petroleum exploration permit; (b) a petroleum retention lease; (c) a petroleum production licence; (d) an infrastructure licence; (e) a pipeline licence | the day on which an offer document that relates to the application for the title is given to the applicant for the title | the day on which the title comes into existence. |
2 | a provisional application for approval of a dealing relating to a petroleum access authority that may come into existence in the future | the day on which the application for the grant of the petroleum access authority is made | the day on which the petroleum access authority comes into existence. |
502 Provisional application to be treated as an application under section 488 when title comes into existence
If:
(a) a provisional application is made for approval of a dealing; and
(b) the title to which the dealing relates comes into existence; and
(c) on that title coming into existence, the dealing becomes a dealing to which Part 4.6 applies;
the provisional application is to be treated as if it were an application made under section 488 on the day on which that title came into existence.
503 Limit on approval of dealing
(1) If:
(a) Part 4.6 applies to a dealing relating to a title; and
(b) immediately before the title came into existence, the dealing was a dealing referred to in subsection 498(1);
the Titles Administrator may approve the dealing under section 493 only if:
(c) a provisional application for approval of the dealing was made under section 498; or
(d) an application for approval of the dealing was made under section 488 within:
(i) 90 days after the day on which the title came into existence; or
(ii) such longer period as the Titles Administrator allows.
(2) The Titles Administrator may allow a longer period under subparagraph (1)(d)(ii) only if there are sufficient grounds to warrant allowing the longer period.
Part 4.8—Correction and rectification of Register
504 Corrections of clerical errors or obvious defects
The Titles Administrator may alter a Register for the purposes of correcting a clerical error or an obvious defect in the Register.
505 General power of correction of Register
Power of correction
(1) The Titles Administrator may make such entries in a Register as the Titles Administrator considers appropriate for the purposes of ensuring that the Register accurately records the interests and rights existing in relation to a title.
(2) The Titles Administrator may exercise the power conferred by subsection (1):
(a) on written application being made to the Titles Administrator by a person; or
(b) on the Titles Administrator’s own initiative.
Consultation
(3) Before the Titles Administrator makes an entry in a Register under subsection (1), the Titles Administrator must cause to be published in the Gazette a notice:
(a) setting out the terms of the entry that the Titles Administrator proposes to make in the Register; and
(b) inviting interested persons to give the Titles Administrator written submissions about the making of the entry; and
(c) specifying a time limit for the making of those submissions.
(4) The time limit must not be shorter than 45 days after the publication of the notice.
(5) In deciding whether to make the entry in the Register, the Titles Administrator must take into account any submissions made in accordance with the notice.
Gazettal of terms of entry
(6) If the Titles Administrator makes an entry in a Register under subsection (1), the Titles Administrator must cause to be published in the Gazette a notice setting out the terms of the entry.
506 Rectification of Register
Application for rectification
(1) If a person is aggrieved by any of the following:
(a) the omission of an entry from a Register;
(b) an entry made in a Register without sufficient cause;
(c) an entry wrongly existing in a Register;
(d) an error or defect in an entry in a Register;
the person may apply to:
(e) the Federal Court; or
(f) the Supreme Court of, or having jurisdiction in, the State or Territory to which the relevant offshore area relates;
for the rectification of the Register.
Court orders
(2) If an application is made under subsection (1) to a court for the rectification of a Register, the court may make such order as it thinks fit directing the rectification of the Register.
(3) In proceedings under this section, the court may decide any question that it is necessary or expedient to decide in connection with the rectification of the Register.
Appearance of Titles Administrator
(4) Notice of an application under this section must be given to the Titles Administrator concerned, who:
(a) may appear and be heard; and
(b) must appear if so directed by the court.
Copy of order to be given to Titles Administrator
(5) An office copy of an order made by the court may be given to the Titles Administrator.
Compliance with order
(6) The Titles Administrator must, on receipt of the order, rectify the Register accordingly.
Principal Northern Territory offshore area and Eastern Greater Sunrise offshore area
(7) For the purposes of paragraph (1)(f):
(a) the Principal Northern Territory offshore area; and
(b) the Eastern Greater Sunrise offshore area;
are taken to relate to the Northern Territory.
Part 4.9—Information‑gathering powers
507 Titles Administrator may obtain information from applicants
Scope
(1) This section applies if:
(a) an application for approval of the transfer of a title is made under section 473; or
(b) an application is made under section 482 or 484 in relation to a title; or
(c) an application for approval of a dealing is made under section 488; or
(d) a provisional application for approval of a dealing is made under section 498; or
(e) an application is made under section 505 in relation to a title.
Requirement to give information
(2) The Titles Administrator may, by written notice given to the applicant, require the applicant to give the Titles Administrator, within the period and in the manner specified in the notice, such information about the matter to which the application relates as the Titles Administrator considers necessary or advisable.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
(4) A person commits an offence if:
(a) the person has been given a notice under subsection (2); and
(b) the person omits to do an act; and
(c) the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
(5) A person commits an offence if:
(a) the Titles Administrator requires the person to give information under subsection (2); and
(b) the person gives information; and
(c) the person does so knowing that the information is false or misleading in a material particular.
Penalty: 50 penalty units.
Civil penalty
(5A) A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
(5B) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914.
(5C) The maximum civil penalty for each day that a contravention of subsection (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (5A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Notice to set out the effect of offence and civil penalty provisions
(6) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) subsection (5);
(c) subsection (5A);
(d) subsection (5B);
(e) subsection (5C).
Note: The same conduct may be an offence against both subsection (5) of this section and section 137.1 of the Criminal Code.
508 Titles Administrator may obtain information from a party to an approved dealing
Scope
(1) This section applies if:
(a) a person is a party to a dealing relating to a title; and
(b) the dealing has been approved under section 493.
Requirement to give information
(2) The Titles Administrator may, by written notice given to the person, require the person to give to the Titles Administrator, within the period and in the manner specified in the notice, such information about alterations in the interests or rights existing in relation to the title as the Titles Administrator considers necessary or advisable.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
(4) A person commits an offence of strict liability if:
(a) the person has been given a notice under subsection (2); and
(b) the person omits to do an act; and
(c) the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
(5) A person commits an offence if:
(a) the Titles Administrator requires the person to give information under subsection (2); and
(b) the person gives information; and
(c) the person does so knowing that the information is false or misleading in a material particular.
Penalty: 50 penalty units.
Civil penalty
(5A) A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
(5B) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914.
(5C) The maximum civil penalty for each day that a contravention of subsection (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (5A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Notice to set out the effect of offence and civil penalty provisions
(6) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) subsection (5);
(c) subsection (5A);
(d) subsection (5B);
(e) subsection (5C).
Note: The same conduct may be an offence against both subsection (5) of this section and section 137.1 of the Criminal Code.
509 Production and inspection of documents
Scope
(1) This section applies if the Titles Administrator has reason to believe that a document:
(a) is in the possession or under the control of a person; and
(b) relates to:
(i) a transfer or dealing for which approval is sought under this Chapter; or
(ii) an application under section 482, 484 or 505.
Requirement
(2) The Titles Administrator may, by written notice given to the person, require the person:
(a) to produce the document to the Titles Administrator, within the period and in the manner specified in the notice; or
(b) to make the document available for inspection by or on behalf of the Titles Administrator.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
(4) A person commits an offence of strict liability if:
(a) the person has been given a notice under subsection (2); and
(b) the person omits to do an act; and
(c) the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
(6) A person commits an offence if:
(a) the person has been given a notice under subsection (2); and
(b) the person:
(i) produces a document to the Titles Administrator; or
(ii) makes a document available for inspection by or on behalf of the Titles Administrator; and
(c) the person does so knowing that the document is false or misleading in a material particular; and
(d) the document is produced or made available in compliance or purported compliance with the notice.
Penalty: 50 penalty units.
Civil penalty
(6A) A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
(6B) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914.
(6C) The maximum civil penalty for each day that a contravention of subsection (6A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (6A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Notice to set out the effect of offence and civil penalty provisions
(7) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) subsection (6);
(c) subsection (6A);
(d) subsection (6B);
(e) subsection (6C).
Note: The same conduct may be an offence against both subsection (6) of this section and section 137.2 of the Criminal Code.
510 Titles Administrator may retain documents
(1) The Titles Administrator may take possession of a document produced under section 509, and retain it for as long as is necessary.
(2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Titles Administrator to be a true copy.
(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.
(4) Until a certified copy is supplied, the Titles Administrator must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.
Part 4.10—Other provisions
511 Titles Administrator etc. not concerned with the effect of instrument lodged under this Chapter
None of the following is concerned with the effect in law of an instrument lodged under this Chapter:
(a) the Joint Authority;
(b) the Titles Administrator;
(c) a person acting under the direction or authority of the Joint Authority or the Titles Administrator.
513 Making a false entry in a Register
A person commits an offence if:
(a) the person:
(i) makes an entry in a Register; or
(ii) causes an entry to be made in a Register; or
(iii) concurs in the making of an entry in a Register; and
(b) the person does so knowing that the entry is false.
Penalty: 50 penalty units.
Note: The same conduct may be an offence against both this section and section 145.4 of the Criminal Code.
514 Falsified documents
(1) A person commits an offence if:
(a) the person produces or tenders in evidence a document; and
(b) the document falsely purports to be:
(i) a copy of or extract from an entry in a Register; or
(ii) a copy of or extract from an instrument given to the Titles Administrator under this Chapter.
Penalty: 50 penalty units.
Note: The same conduct may be an offence against both this section and section 137.2 of the Criminal Code.
(2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
515 Inspection of Register and instruments
Inspection of Register
(1) The Titles Administrator must ensure that each Register is open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.
Instruments
(2) The Titles Administrator must ensure that all instruments, or copies of instruments, subject to inspection under this Chapter are open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.
516 Evidentiary provisions
Register
(1) A Register is to be received in all courts and proceedings as prima facie evidence of all matters required or authorised by this Chapter or Chapter 5A to be entered in the Register.
Certified copies and extracts
(2) The Titles Administrator may, on payment of a fee calculated under the regulations, supply:
(a) a copy of or extract from a Register; or
(b) a copy of or extract from any instrument lodged with the Titles Administrator under this Chapter;
certified by the Titles Administrator to be a true copy or true extract, as the case may be.
(3) The certified copy or extract is admissible in evidence in all courts and proceedings without further proof or production of the original.
Evidentiary certificate
(4) The Titles Administrator may, on payment of a fee calculated under the regulations, issue a written certificate:
(a) stating that an entry, matter or thing required or permitted by or under this Chapter to be made or done:
(i) has been made or done; or
(ii) has not been made or done; or
(b) stating that an entry, matter or thing required by or under this Chapter not to be made or done:
(i) has not been made or done; or
(ii) has been made or done.
(5) The certificate is to be received in all courts and proceedings as prima facie evidence of the statements in the certificate.
Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence
(6) A certificate must not be admitted in evidence under subsection (5) in proceedings for an offence unless:
(a) the person charged with the offence; or
(b) a barrister or solicitor who has appeared for the person in those proceedings;
has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.
Person signing the certificate may be called to give evidence
(7) If, under subsection (5), a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be:
(a) called as a witness for the prosecution; and
(b) cross‑examined as if the person who signed the certificate had given evidence of the matters stated in the certificate.
(8) However, subsection (7) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:
(a) the prosecutor has been given at least 4 days notice of the person’s intention to require the person who signed the certificate to be so called; or
(b) the court, by order, allows the person charged to require the person who signed the certificate to be so called.
Evidence in support, or in rebuttal, of matters in certificate to be considered on its merits
(9) Any evidence given in support, or in rebuttal, of a matter stated in a certificate issued under subsection (4) must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.
516A Application fee
(1) An eligible application must be accompanied by the fee (if any) prescribed by the regulations.
Note: For eligible application, see subsection (4).
(2) Different fees may be prescribed for different eligible applications.
(3) A fee must not be such as to amount to taxation.
(3A) An eligible application is taken to be accompanied by a fee if the fee is received before the end of the 10‑day period that began on the day after the application was made.
(4) For the purposes of this section, each of the following is an eligible application:
(a) an application for the approval of the transfer of a title;
(b) an application for the approval of a dealing (other than an application covered by section 502);
(c) a provisional application for the approval of a dealing.
Chapter 5—Registration of transfers of, and dealings in, greenhouse gas titles
Part 5.1—Introduction
518 Simplified outline
The following is a simplified outline of this Chapter:
• The Titles Administrator must keep a Register of greenhouse gas titles and greenhouse gas search authorities.
• A transfer of a greenhouse gas title must be approved by the Titles Administrator, and an instrument of transfer must be registered under this Part.
• A dealing in a greenhouse gas title must be approved by the Titles Administrator, and the approval must be entered in the Register.
519 Definitions
In this Chapter:
Register means the Register kept under section 521.
title means:
(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 special authority.
520 Dealing—series of debentures
For the purposes of this Chapter, if a dealing forms a part of the issue of a series of debentures, all of the dealings constituting the issue of that series of debentures are taken to be one dealing.
Part 5.2—Register of titles and greenhouse gas search authorities
521 Register to be kept
The Titles Administrator must keep a Register of:
(a) titles; and
(b) greenhouse gas search authorities.
522 Entries in Register—general
Memorial
(1) The Titles Administrator must enter in the Register a memorial for each title and greenhouse gas search authority.
(2) The memorial must comply with the table:
Content of memorial |
Item | In the case of... | the memorial must... |
1 | a title or greenhouse gas search authority | specify the name of the holder of the title. |
2 | a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority | set out an accurate description (including, where convenient, a map) of the permit area, lease area, licence area or authority area. |
3 | a title or greenhouse gas search authority | specify the term of the title or greenhouse gas search authority. |
4 | a title or greenhouse gas search authority | set out such other matters and things as are required by this Act to be entered in the Register. |
5 | a title or greenhouse gas search authority | set out such further matters relating to the registered holder, or to the conditions of the title or greenhouse gas search authority, as the Titles Administrator thinks proper and expedient in the public interest. |
(3) The Titles Administrator must enter in the Register a memorial of:
(a) a notice or instrument:
(i) varying; or
(ii) cancelling; or
(iii) surrendering (to any extent); or
(iv) otherwise affecting;
a title or greenhouse gas search authority; or
(b) a notice or instrument varying or revoking a notice or instrument referred to in paragraph (a).
Note: Subparagraph (a)(iv) would cover, for example, a notice revoking a greenhouse gas special authority.
Copy of title may be entered instead of memorial
(4) It is a sufficient compliance with the requirements of subsection (1), (2) or (3) if the Titles Administrator enters a copy of the title, greenhouse gas search authority, notice or instrument in the Register.
Date of entry to be endorsed
(5) The Titles Administrator must endorse on:
(a) the memorial; or
(b) the copy of the title, greenhouse gas search authority, notice or instrument;
a memorandum of the date on which the memorial or copy was entered in the Register.
523 Entry in Register—cessation or expiry of title
If an event specified in the table happens, the Titles Administrator must enter in the Register a memorial of the fact.
Cessation of title etc. |
Item | Event |
1 | A greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force over a block in relation to which a greenhouse gas injection licence is granted. |
2 | A greenhouse gas assessment permit ceases to be in force over a block in relation to which a greenhouse gas holding lease (other than a special greenhouse gas holding lease) is granted. |
3 | A greenhouse gas assessment permit or a greenhouse gas holding lease (other than a special greenhouse gas holding lease) ceases to be in force over a block in relation to which a special greenhouse gas holding lease is granted. |
4 | A greenhouse gas injection licence ceases to be in force over a block in relation to which a greenhouse gas holding lease is granted. |
5 | A greenhouse gas assessment permit, greenhouse gas holding lease (other than a special greenhouse gas holding lease), greenhouse gas search authority or greenhouse gas special authority expires. |
523A Notation in Register—applicable datum
The Titles Administrator may make a notation in the Register about the applicable datum for a title, greenhouse gas search authority, notice or instrument.
Part 5.3—Transfer of titles
524 Approval and registration of transfers
A transfer of a title is of no force until:
(a) it has been approved by the Titles Administrator; and
(b) an instrument of transfer is registered as provided by this Part.
525 Application for approval of transfer
(1) One of the parties to a proposed transfer of a title may apply to the Titles Administrator for approval of the transfer.
(2) An application must be made in an approved manner.
Note: Section 565A requires the application to be accompanied by an application fee.
(3) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (2).
526 Documents to accompany application
(1) An application for approval of a transfer must:
(a) be in the approved form; and
(b) be accompanied by an instrument of transfer, in the form approved in an instrument under subsection (4), executed by:
(i) the registered holder or, if there are 2 or more registered holders, by each registered holder; and
(ii) the transferee or, if there are 2 or more transferees, by each transferee; and
(c) be accompanied by any other information or documents required by the form.
(2) An application for approval of a transfer is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument is given to the Titles Administrator before the end of the period applicable under subsection 527(1).
(3) If the approved form requires the application to be accompanied by any other information or documents, an application for approval of a transfer is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under subsection 527(1).
(4) The Titles Administrator may, by notifiable instrument, approve a form for the purposes of paragraph (1)(b).
527 Time limit for application
(1) An application for approval of a transfer must be made within:
(a) 90 days after the day on which the party who last executed the instrument of transfer so executed the instrument of transfer; or
(b) such longer period as the Titles Administrator allows.
(2) The Titles Administrator may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.
528 Date of application to be entered in Register
If an application is made for approval of a transfer, the Titles Administrator:
(a) must enter a memorandum in the Register of the date on which the application was lodged; and
(b) may make such other notation in the Register as the Titles Administrator considers appropriate.
529 Approval of transfer
Scope
(1) This section applies if an application is made for approval of a transfer.
Decision
(2) The Titles Administrator must:
(a) approve the transfer; or
(b) refuse to approve the transfer.
(2A) Before deciding whether to approve a transfer of a title, the Titles Administrator may consult with one or more of the following:
(a) the Cross‑boundary Authority;
(b) NOPSEMA;
(c) the responsible Commonwealth Minister.
(2B) In deciding whether to approve a transfer of a title, the Titles Administrator:
(a) must have regard to the matters specified in subsection (2C); and
(b) may have regard to the matters raised in consultations (if any) under subsection (2A); and
(c) may have regard to any other matters the Titles Administrator considers relevant.
(2C) The matters are as follows:
(a) whether the technical advice and financial resources available to the transferee or transferees are sufficient to:
(i) carry out the operations and works that are authorised by the title; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the title;
(b) the matters specified in section 695YB as they apply to the transferee or transferees;
(c) if the transferee or transferees 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.
(3) If:
(a) the application is for approval of a transfer of a greenhouse gas holding lease or a greenhouse gas injection licence; and
(b) the greenhouse gas holding lease or the greenhouse gas injection licence is tied to a petroleum retention lease;
the Titles Administrator must not approve the transfer of the greenhouse gas holding lease or the greenhouse gas injection licence unless:
(c) a transfer of the petroleum retention lease has been approved by the Titles Administrator under section 478; and
(d) the transfer of the petroleum retention lease is registered under section 479; and
(e) both:
(i) the instrument of transfer of the petroleum retention lease; and
(ii) the instrument of transfer of the greenhouse gas holding lease or greenhouse gas injection licence;
were executed at or about the same time; and
(f) the transferee or transferees of the petroleum retention lease are the same as the transferee or transferees of the greenhouse gas holding lease or greenhouse gas injection licence.
(4) If:
(a) the application is for approval of a transfer of a greenhouse gas holding lease or a greenhouse gas injection licence; and
(b) the greenhouse gas holding lease or the greenhouse gas injection licence is tied to a petroleum production licence;
the Titles Administrator must not approve the transfer of the greenhouse gas holding lease or the greenhouse gas injection licence unless:
(c) a transfer of the petroleum production licence has been approved by the Titles Administrator under section 478; and
(d) the transfer of the petroleum production licence is registered under section 479; and
(e) both:
(i) the instrument of transfer of the petroleum production licence; and
(ii) the instrument of transfer of the greenhouse gas holding lease or greenhouse gas injection licence;
were executed at or about the same time; and
(f) the transferee or transferees of the petroleum production licence are the same as the transferee or transferees of the greenhouse gas holding lease or greenhouse gas injection licence.
(5) The Titles Administrator must, by written notice given to the applicant, notify the applicant of the Titles Administrator’s decision.
(6) If the Titles Administrator refuses to approve the transfer, the Titles Administrator must make a notation of the refusal in the Register.
530 Registration of transfer
Scope
(1) This section applies if the Titles Administrator approves the transfer of a title.
Endorsement
(2) The Titles Administrator must immediately endorse a memorandum of approval on the instrument of transfer.
(3) The Titles Administrator must enter in the Register a memorandum of:
(a) the transfer; and
(b) the name of the transferee or of each transferee.
(4) On the entry in the Register of the memorandum:
(a) the transfer is taken to be registered; and
(b) the transferee becomes the registered holder, or the transferees become the registered holders, of the title.
(5) If the transfer is registered:
(a) a copy of the instrument of transfer endorsed with the memorandum of approval must be:
(i) retained by the Titles Administrator; and
(ii) made available for inspection in accordance with this Chapter; and
(b) if the instrument of transfer was provided in hard copy—the instrument of transfer endorsed with the memorandum of approval must be returned to the person who applied for approval of the transfer; and
(c) if the instrument of transfer was provided electronically—a copy of the instrument of transfer endorsed with the memorandum of approval must be given to the person who applied for approval of the transfer.
531 Instrument of transfer does not create an interest in the title
The mere execution of an instrument of transfer of a title creates no interest in the title.
532 Limit on effect of approval of transfers
The approval of a transfer of a title does not give to the transfer any force, effect or validity that the transfer would not have had if this Chapter had not been enacted.
Part 5.4—Devolution of title
533 Application to have name entered on the Register as the holder of a title
(1) If the rights of the registered holder of a particular title have devolved on a person by operation of law, the person may apply to the Titles Administrator to have the person’s name entered in the Register as the holder of the title.
(2) The application must be in writing.
534 Entry of name in the Register
Scope
(1) This section applies if an application is made under section 533 in relation to a title.
Entry in Register
(2) If:
(a) the Titles Administrator is satisfied that the rights of the holder have devolved on the applicant by operation of law; and
(b) the applicant has paid the prescribed fee;
the Titles Administrator must enter the name of the applicant in the Register as the holder of the title.
(3) On that entry being made, the applicant becomes the registered holder of the title.
Part 5.5—Change in name of company
535 Application to have new name entered on the Register
(1) If:
(a) a company is the registered holder of a particular title; and
(b) the company has changed its name;
the company may apply to the Titles Administrator to have its new name substituted for its previous name in the Register in relation to that title.
(2) The application must be in writing.
536 Alteration in the Register
Scope
(1) This section applies if a company applies under section 535 to have its new name substituted for its previous name in the Register in relation to a particular title.
Alteration
(2) If:
(a) the Titles Administrator is satisfied that the company has changed its name; and
(b) the company has paid the prescribed fee;
the Titles Administrator must make the necessary alterations in the Register.
Part 5.6—Dealings relating to existing titles
537 Dealings to which this Part applies
This Part applies to a dealing (other than a transfer of a title) that would have one or more of the effects set out in the table:
Effects of dealings |
Item | Effect |
1 | The creation or assignment of an interest in an existing title. |
2 | The creation or assignment of a right (conditional or otherwise) to the assignment of an interest in an existing title. |
3 | The determination of the manner in which persons may: (a) exercise the rights conferred by an existing title; or (b) comply with the obligations imposed by an existing title; or (c) comply with the conditions of an existing title; (including the exercise of those rights, or the compliance with those obligations or conditions, under cooperative arrangements to inject or store greenhouse gas substances). |
4 | The creation or assignment of an interest in relation to an existing greenhouse gas assessment permit, existing greenhouse gas holding lease or existing greenhouse gas injection licence, where the interest relates to: (a) a greenhouse gas substance injected or stored under the permit, lease or licence; or (b) revenue derived as a result of the carrying out of operations authorised by the permit, lease or licence; or (c) profits derived as a result of the carrying out of operations authorised by the permit, lease or licence; or (d) a matter specified in the regulations. |
5 | The creation or assignment of an option (conditional or otherwise) to enter into a dealing, where the dealing would have one or more of the effects referred to in items 1, 2, 3 and 4. |
6 | The creation or assignment of a right (conditional or otherwise) to enter into a dealing, where the dealing would have one or more of the effects referred to in items 1, 2, 3 and 4. |
7 | The alteration or termination of a dealing, where the dealing would have one or more of the effects referred to in items 1, 2, 3, 4, 5 and 6. |
538 Approval and registration of dealings
A dealing is of no force, in so far as the dealing would have an effect of a kind referred to in the table in section 537 in relation to a particular title, until:
(a) the Titles Administrator has approved the dealing, in so far as it relates to that title; and
(b) the Titles Administrator has made an entry in the Register in relation to the dealing under section 544.
539 Application for approval of dealing
(1) An application for approval of a dealing must be made in accordance with subsection (2) or (3).
Application—dealing relates to only one title
(2) If a dealing relates to only one title, a party to the dealing may apply to the Titles Administrator for approval of the dealing in so far as it relates to that title.
Application—dealing relates to 2 or more titles
(3) If a dealing relates to 2 or more titles, a party to the dealing may make a separate application to the Titles Administrator for approval of the dealing in so far as it relates to each title.
Applications must be made in approved manner
(4) An application must be made in an approved manner.
Note: Section 565A requires the application to be accompanied by an application fee.
(5) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).
540 Documents to accompany application
Instrument evidencing dealing
(1) An application for approval of a dealing must:
(a) be in the approved form; and
(b) be accompanied by the instrument evidencing the dealing; and
(c) be accompanied by any other information or documents required by the form.
(1A) An application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:
(a) has already been lodged with the Titles Administrator for the purposes of another application; or
(b) is given to the Titles Administrator before the end of the period applicable under subsection 541(1) or section 552 (as the case may be).
(1B) If the approved form requires the application to be accompanied by any other information or documents, an application for approval of a dealing is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under subsection 541(1) or section 552 (as the case may be).
Supplementary instrument
(2) An application for approval of a dealing may be accompanied by an instrument in a form approved in an instrument under subsection (4) for the purposes of an application for approval of a dealing of that kind.
(2A) An application for approval of a dealing is taken to be accompanied by the instrument referred to in subsection (2) if that instrument is given to the Titles Administrator before the end of the period applicable under subsection 541(1) or section 552 (as the case may be).
(3) An instrument under subsection (2) is called a supplementary instrument.
(4) The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).
541 Timing of application
(1) An application for approval of a dealing must be made within:
(a) 90 days after the day on which the party who last executed the instrument evidencing the dealing so executed the instrument; or
(b) such longer period as the Titles Administrator allows.
(2) The Titles Administrator may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.
(3) This section has effect subject to section 552.
Note: Section 552 is about approval of a dealing that was entered into before the title came into existence.
542 Application date to be entered in Register
If an application is made for approval of a dealing, the Titles Administrator:
(a) must enter a memorandum in the Register of the date on which the application was lodged; and
(b) may make such other notation in the Register as the Titles Administrator considers appropriate.
543 Approval of dealing
Scope
(1) This section applies if an application is made for approval of a dealing in so far as it relates to a particular title.
Decision
(2) The Titles Administrator must:
(a) approve the dealing; or
(b) refuse to approve the dealing;
in so far as it relates to that title.
Note: Section 552 limits the power conferred on the Titles Administrator by this section. Section 552 is about approval of a dealing that was entered into before the title came into existence.
(2A) In deciding whether to approve a dealing, the Titles Administrator:
(a) must have regard to the matters (if any) prescribed by the regulations; and
(b) may have regard to any other matters the Titles Administrator considers relevant.
Notification of decision
(3) The Titles Administrator must, by written notice given to the applicant, notify the applicant of the Titles Administrator’s decision.
Refusal to approve dealing—notation in Register
(4) If the Titles Administrator refuses to approve the dealing in so far as it relates to that title, the Titles Administrator must make a notation of the refusal in the Register.
544 Entry of dealing in Register
Scope
(1) This section applies if the Titles Administrator approves a dealing in so far as it relates to a particular title.
Endorsement
(2) The Titles Administrator must immediately endorse a memorandum of approval on the instrument evidencing the dealing.
Entry in Register
(3) The Titles Administrator must make an entry of the approval of the dealing in the Register on:
(a) the memorial relating to that title; or
(b) the copy of that title.
545 Retention, inspection and return of instruments
Scope
(1) This section applies if the Titles Administrator makes an entry of the approval of a dealing in the Register.
Application accompanied by supplementary instrument
(2) If the application for approval of the dealing was accompanied by a supplementary instrument:
(a) a copy of the supplementary instrument, endorsed with a copy of the memorandum of approval, must be:
(i) retained by the Titles Administrator; and
(ii) made available for inspection in accordance with this Chapter; and
(b) if the supplementary instrument was provided in hard copy—the supplementary instrument must be returned to the person who applied for approval; and
(c) if the supplementary instrument was provided electronically—a copy of the supplementary instrument must be given to the person who applied for approval; and
(d) a copy of the instrument evidencing the dealing must not be made available for inspection in accordance with this Chapter; and
(e) if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and
(f) if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.
Note: For inspection, see section 564.
Application not accompanied by supplementary instrument
(3) If the application for approval of the dealing was not accompanied by a supplementary instrument:
(a) a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be:
(i) retained by the Titles Administrator; and
(ii) made available for inspection in accordance with this Chapter; and
(b) if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and
(c) if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.
Note: For inspection, see section 564.
Definition
(4) In this section:
supplementary instrument has the meaning given by subsection 540(3) or 549(3).
546 Strict compliance with application provisions not required
The approval of a dealing, or the making of an entry in the Register in relation to a dealing, is not made ineffective because of any failure to comply, in relation to the application for approval of the dealing, with the requirements of this Part.
547 Limit on effect of approval of dealing
The approval of a dealing does not give to the dealing any force, effect or validity that the dealing would not have had if this Chapter had not been enacted.
Part 5.7—Dealings in future interests
548 Provisional application for approval of dealing
Scope
(1) This section applies if:
(a) 2 or more persons enter into a dealing relating to a title that may come into existence in the future; and
(b) that dealing would, if the title came into existence, become a dealing to which Part 5.6 applies.
Provisional application—dealing relates to only one title
(2) If the dealing relates to only one title that may come into existence in the future, a party to the dealing may make a provisional application to the Titles Administrator for approval of the dealing.
Provisional application—dealing relates to 2 or more titles
(3) If the dealing relates to 2 or more titles that may come into existence in the future, a party to the dealing may make a separate provisional application to the Titles Administrator for approval of the dealing in relation to each title that may come into existence in the future.
Applications must be made in approved manner
(4) A provisional application must be made in an approved manner.
Note: Section 565A requires the application to be accompanied by an application fee.
(5) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).
549 Documents to accompany provisional application
Instrument evidencing dealing
(1) A provisional application for approval of a dealing must:
(a) be in the approved form; and
(b) be accompanied by the instrument evidencing the dealing; and
(c) be accompanied by any other information or documents required by the form.
(1A) A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:
(a) has already been lodged with the Titles Administrator for the purposes of another application; or
(b) is given to the Titles Administrator before the end of the period applicable under section 550.
(1B) If the approved form requires the application to be accompanied by any other information or documents, a provisional application for approval of a dealing is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under section 550.
Supplementary instrument
(2) A provisional application for approval of a dealing may be accompanied by an instrument in a form approved in an instrument under subsection (4) for the purposes of a provisional application for approval of a dealing of that kind.
(2A) A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in subsection (2) if that instrument:
(a) has already been lodged with the Titles Administrator for the purposes of another application; or
(b) is given to the Titles Administrator before the end of the period applicable under section 550.
(3) An instrument under subsection (2) is called a supplementary instrument.
(4) The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).
550 Timing of provisional application
A provisional application must be made within the period worked out using the table:
Period for making a provisional application |
Item | In this case... | the period begins on... | and ends on... |
1 | a provisional application for approval of a dealing relating to any of the following titles that may come into existence in the future: (a) a greenhouse gas assessment permit; (b) a greenhouse gas holding lease; (c) a greenhouse gas injection licence | the day on which an offer document that relates to the application for the title is given to the applicant for the title | the day on which the title comes into existence. |
2 | a provisional application for approval of a dealing relating to a greenhouse gas special authority that may come into existence in the future | the day on which the application for the grant of the greenhouse gas special authority is made | the day on which the greenhouse gas special authority comes into existence. |
551 Provisional application to be treated as an application under section 539 when title comes into existence
If:
(a) a provisional application is made for approval of a dealing; and
(b) the title to which the dealing relates comes into existence; and
(c) on that title coming into existence, the dealing becomes a dealing to which Part 5.6 applies;
the provisional application is to be treated as if it were an application made under section 539 on the day on which that title came into existence.
552 Limit on approval of dealing
(1) If:
(a) Part 5.6 applies to a dealing relating to a title; and
(b) immediately before the title came into existence, the dealing was a dealing referred to in subsection 548(1);
the Titles Administrator may approve the dealing under section 543 only if:
(c) a provisional application for approval of the dealing was made under section 548; or
(d) an application for approval of the dealing was made under section 539 within:
(i) 90 days after the day on which the title came into existence; or
(ii) such longer period as the Titles Administrator allows.
(2) The Titles Administrator may allow a longer period under subparagraph (1)(d)(ii) only if there are sufficient grounds to warrant allowing the longer period.
Part 5.8—Correction and rectification of Register
553 Corrections of clerical errors or obvious defects
The Titles Administrator may alter the Register for the purposes of correcting a clerical error or an obvious defect in the Register.
554 General power of correction of Register
Power of correction
(1) The Titles Administrator may make such entries in the Register as the Titles Administrator considers appropriate for the purposes of ensuring that the Register accurately records the interests and rights existing in relation to a title.
(2) The Titles Administrator may exercise the power conferred by subsection (1):
(a) on written application being made to the Titles Administrator by a person; or
(b) on the Titles Administrator’s own initiative.
Consultation
(3) Before the Titles Administrator makes an entry in the Register under subsection (1), the Titles Administrator must cause to be published in the Gazette a notice:
(a) setting out the terms of the entry that the Titles Administrator proposes to make in the Register; and
(b) inviting interested persons to give the Titles Administrator written submissions about the making of the entry; and
(c) specifying a time limit for the making of those submissions.
(4) The time limit must not be shorter than 45 days after the publication of the notice.
(5) In deciding whether to make the entry in the Register, the Titles Administrator must take into account any submissions made in accordance with the notice.
Gazettal of terms of entry
(6) If the Titles Administrator makes an entry in the Register under subsection (1), the Titles Administrator must cause to be published in the Gazette a notice setting out the terms of the entry.
555 Rectification of Register
Application for rectification
(1) If a person is aggrieved by any of the following:
(a) the omission of an entry from the Register;
(b) an entry made in the Register without sufficient cause;
(c) an entry wrongly existing in the Register;
(d) an error or defect in an entry in the Register;
the person may apply to:
(e) the Federal Court; or
(f) the Supreme Court of, or having jurisdiction in, the State or Territory to which the relevant offshore area relates;
for the rectification of the Register.
Court orders
(2) If an application is made under subsection (1) to a court for the rectification of the Register, the court may make such order as it thinks fit directing the rectification of the Register.
(3) In proceedings under this section, the court may decide any question that it is necessary or expedient to decide in connection with the rectification of the Register.
Appearance of Titles Administrator
(4) Notice of an application under this section must be given to the Titles Administrator, who:
(a) may appear and be heard; and
(b) must appear if so directed by the court.
Copy of order to be given to Titles Administrator
(5) An office copy of an order made by the court may be given to the Titles Administrator.
Compliance with order
(6) The Titles Administrator must, on receipt of the order, rectify the Register accordingly.
Principal Northern Territory offshore area and Eastern Greater Sunrise offshore area
(7) For the purposes of paragraph (1)(f):
(a) the Principal Northern Territory offshore area; and
(b) the Eastern Greater Sunrise offshore area;
are taken to relate to the Northern Territory.
Part 5.9—Information‑gathering powers
556 Titles Administrator may obtain information from applicants
Scope
(1) This section applies if:
(a) an application for approval of the transfer of a title is made under section 525; or
(b) an application is made under section 533 or 535 in relation to a title; or
(c) an application for approval of a dealing is made under section 539; or
(d) a provisional application for approval of a dealing is made under section 548; or
(e) an application is made under section 554 in relation to a title.
Requirement to give information
(2) The Titles Administrator may, by written notice given to the applicant, require the applicant to give the Titles Administrator, within the period and in the manner specified in the notice, such information about the matter to which the application relates as the Titles Administrator considers necessary or advisable.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
(4) A person commits an offence if:
(a) the person has been given a notice under subsection (2); and
(b) the person omits to do an act; and
(c) the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
(5) A person commits an offence if:
(a) the Titles Administrator requires the person to give information under subsection (2); and
(b) the person gives information; and
(c) the person does so knowing that the information is false or misleading in a material particular.
Penalty: 50 penalty units.
Notice to set out the effect of offence provisions
(6) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) subsection (5).
Note: The same conduct may be an offence against both subsection (5) of this section and section 137.1 of the Criminal Code.
557 Titles Administrator may obtain information from a party to an approved dealing
Scope
(1) This section applies if:
(a) a person is a party to a dealing relating to a title; and
(b) the dealing has been approved under section 543.
Requirement to give information
(2) The Titles Administrator may, by written notice given to the person, require the person to give to the Titles Administrator, within the period and in the manner specified in the notice, such information about alterations in the interests or rights existing in relation to the title as the Titles Administrator considers necessary or advisable.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
(4) A person commits an offence if:
(a) the person has been given a notice under subsection (2); and
(b) the person omits to do an act; and
(c) the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
(4A) An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(5) A person commits an offence if:
(a) the Titles Administrator requires the person to give information under subsection (2); and
(b) the person gives information; and
(c) the person does so knowing that the information is false or misleading in a material particular.
Penalty: 50 penalty units.
Notice to set out the effect of offence provisions
(6) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) subsection (5).
Note: The same conduct may be an offence against both subsection (5) of this section and section 137.1 of the Criminal Code.
558 Production and inspection of documents
Scope
(1) This section applies if the Titles Administrator has reason to believe that a document:
(a) is in the possession or under the control of a person; and
(b) relates to:
(i) a transfer or dealing for which approval is sought under this Chapter; or
(ii) an application under section 533, 535 or 536.
Requirement
(2) The Titles Administrator may, by written notice given to the person, require the person:
(a) to produce the document to the Titles Administrator, within the period and in the manner specified in the notice; or
(b) to make the document available for inspection by or on behalf of the Titles Administrator.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
(4) A person commits an offence if:
(a) the person has been given a notice under subsection (2); and
(b) the person omits to do an act; and
(c) the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(6) A person commits an offence if:
(a) the person has been given a notice under subsection (2); and
(b) the person:
(i) produces a document to the Titles Administrator; or
(ii) makes a document available for inspection by or on behalf of the Titles Administrator; and
(c) the person does so knowing that the document is false or misleading in a material particular; and
(d) the document is produced or made available in compliance or purported compliance with the notice.
Penalty: 50 penalty units.
Notice to set out the effect of offence provisions
(7) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) subsection (6).
Note: The same conduct may be an offence against both subsection (6) of this section and section 137.2 of the Criminal Code.
559 Titles Administrator may retain documents
(1) The Titles Administrator may take possession of a document produced under section 558, and retain it for as long as is necessary.
(2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Titles Administrator to be a true copy.
(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.
(4) Until a certified copy is supplied, the Titles Administrator must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.
Part 5.10—Other provisions
560 Titles Administrator not concerned with the effect of instrument lodged under this Chapter
The Titles Administrator is not concerned with the effect in law of an instrument lodged under this Chapter.
562 Making a false entry in the Register
A person commits an offence if:
(a) the person:
(i) makes an entry in the Register; or
(ii) causes an entry to be made in the Register; or
(iii) concurs in the making of an entry in the Register; and
(b) the person does so knowing that the entry is false.
Penalty: 50 penalty units.
Note: The same conduct may be an offence against both this section and section 145.4 of the Criminal Code.
563 Falsified documents
A person commits an offence if:
(a) the person produces or tenders in evidence a document; and
(b) the document falsely purports to be:
(i) a copy of or extract from an entry in the Register; or
(ii) a copy of or extract from an instrument given to the Titles Administrator under this Chapter.
Penalty: 50 penalty units.
Note: The same conduct may be an offence against both this section and section 137.2 of the Criminal Code.
564 Inspection of Register and instruments
Inspection of Register
(1) The Titles Administrator must ensure that the Register is open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.
Instruments
(2) The Titles Administrator must ensure that all instruments, or copies of instruments, subject to inspection under this Chapter are open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.
565 Evidentiary provisions
Register
(1) The Register is to be received in all courts and proceedings as prima facie evidence of all matters required or authorised by this Chapter or Chapter 5A to be entered in the Register.
Certified copies and extracts
(2) The Titles Administrator may, on payment of a fee calculated under the regulations, supply:
(a) a copy of or extract from the Register; or
(b) a copy of or extract from any instrument lodged with the Titles Administrator under this Chapter;
certified by the Titles Administrator to be a true copy or true extract, as the case may be.
(3) The certified copy or extract is admissible in evidence in all courts and proceedings without further proof or production of the original.
Evidentiary certificate
(4) The Titles Administrator may, on payment of a fee calculated under the regulations, issue a written certificate:
(a) stating that an entry, matter or thing required or permitted by or under this Chapter to be made or done:
(i) has been made or done; or
(ii) has not been made or done; or
(b) stating that an entry, matter or thing required by or under this Chapter not to be made or done:
(i) has not been made or done; or
(ii) has been made or done.
(5) The certificate is to be received in all courts and proceedings as prima facie evidence of the statements in the certificate.
Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence
(6) A certificate must not be admitted in evidence under subsection (5) in proceedings for an offence unless:
(a) the person charged with the offence; or
(b) a barrister or solicitor who has appeared for the person in those proceedings;
has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.
Person signing the certificate may be called to give evidence
(7) If, under subsection (5), a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be:
(a) called as a witness for the prosecution; and
(b) cross‑examined as if the person who signed the certificate had given evidence of the matters stated in the certificate.
(8) However, subsection (7) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:
(a) the prosecutor has been given at least 4 days notice of the person’s intention to require the person who signed the certificate to be so called; or
(b) the court, by order, allows the person charged to require the person who signed the certificate to be so called.
Evidence in support, or in rebuttal, of matters in certificate to be considered on its merits
(9) Any evidence given in support, or in rebuttal, of a matter stated in a certificate issued under subsection (4) must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.
565A Application fee
(1) An eligible application must be accompanied by the fee (if any) prescribed by the regulations.
Note: For eligible application, see subsection (4).
(2) Different fees may be prescribed for different eligible applications.
(3) A fee must not be such as to amount to taxation.
(3A) An eligible application is taken to be accompanied by a fee if the fee is received before the end of the 10‑day period that began on the day after the application was made.
(4) For the purposes of this section, each of the following is an eligible application:
(a) an application for the approval of the transfer of a title;
(b) an application for the approval of a dealing (other than an application covered by section 551);
(c) a provisional application for the approval of a dealing.
Chapter 5A—Change in control of a registered holder of a title
Part 5A.1—Introduction
566 Simplified outline of this Chapter
• A person who begins to control, or ceases to control, a registered holder of a title may commit an offence or contravene a civil penalty provision if the change in control has not been approved by the Titles Administrator.
• The Titles Administrator may obtain information, documents or evidence in relation to a change in control of a registered holder, or a possible change in control, in certain circumstances.
566A Definitions
In this Chapter:
approval period, for a change in control of a registered holder of a title, means the period:
(a) starting on the day the notice of approval for the change in control is given; and
(b) ending at the earliest of the following:
(i) immediately after the change in control takes effect;
(ii) if the approval of a change in control is revoked—when the notice of revocation is given;
(iii) 9 months after the day the notice of approval is given.
change in control: see subsection 566B(4).
control: see subsection 566B(1).
Register:
(a) in relation to a change in control of a registered holder of any of the following, means the Register kept under section 469:
(i) a petroleum exploration permit;
(ii) a petroleum retention lease;
(iii) a petroleum production licence;
(iv) an infrastructure licence;
(v) a pipeline licence;
(b) in relation to a change in control of a registered holder of any of the following, means the Register kept under section 521:
(i) a greenhouse gas assessment permit;
(ii) a greenhouse gas holding lease;
(iii) a greenhouse gas injection licence.
title means:
(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 greenhouse gas assessment permit; or
(g) a greenhouse gas holding lease; or
(h) a greenhouse gas injection licence.
566B Meaning of control and change in control of registered holder
(1) A person controls the registered holder of a title if the person (whether alone or together with one or more other persons the person acts jointly with):
(a) holds the power to exercise, or control the exercise of, 20% or more of the voting rights in the registered holder; or
(b) holds, or holds an interest in, 20% or more of the issued securities in the registered holder.
(2) A person acts jointly with another person if the person acts or is accustomed to acting in agreement with, or in accordance with the wishes of, the other person.
(3) The regulations may prescribe a different percentage, or different percentages, to the percentage specified in paragraph (1)(a) or (b).
(4) There is a change in control of a registered holder of a title if:
(a) one or more persons (an original controller) control the registered holder of a title at a particular time; and
(b) either:
(i) one or more other persons begin to control the registered holder (whether alone or together with one or more other persons the person acts jointly with) after that time; or
(ii) an original controller (whether alone or together with one or more other persons the person acts jointly with) ceases to control the registered holder after that time.
Part 5A.2—Application and approval of change in control of a registered holder
566C Application for approval
(1) A person who:
(a) proposes to begin to control a registered holder of a title; or
(b) proposes to cease to control a registered holder of a title;
may apply to the Titles Administrator for approval of a change in control of the registered holder of the title.
Note 1: A person who begins to control, or ceases to control, a registered holder where the change in control has not been approved may commit an offence or be liable to a civil penalty (see section 566N).
Note 2: Section 566M requires the application to be accompanied by an application fee.
(2) An application under this section must:
(a) be made in an approved manner; and
(b) be in the approved form; and
(c) be accompanied by any information or documents required by the form.
(3) 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 Titles Administrator before the end of the 10‑day period that began on the day after the application was made.
(4) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in paragraph (2)(a).
566D Titles Administrator must decide whether to approve change in control
Scope
(1) This section applies if an application is made for approval of a change in control of a registered holder of a title under section 566C.
Decision
(2) The Titles Administrator must decide:
(a) to approve the change in control; or
(b) to refuse to approve the change in control.
Note: The applicant must be notified of the decision (see section 566E).
(3) Before deciding whether to approve or refuse to approve a change in control, the Titles Administrator may consult with one or more of the following:
(a) the Cross‑boundary Authority;
(b) the Joint Authority;
(c) NOPSEMA;
(d) the responsible Commonwealth Minister.
(4) In deciding whether to approve or refuse to approve a change in control, the Titles Administrator:
(a) must have regard to the matters specified in subsection (5); and
(b) may have regard to the following matters:
(i) matters raised in consultations (if any) under subsection (3);
(ii) any other matters the Titles Administrator considers relevant.
(5) The matters are as follows:
(a) whether the technical advice and financial resources available to the registered holder after the change in control takes effect are sufficient to:
(i) carry out the operations and works that are authorised by the titles held by the registered holder; and
(ii) discharge the obligations that are imposed under this Act, or a legislative instrument under this Act, in relation to those titles;
(b) the matters specified in section 695YB as they apply to a person who will begin to control the registered holder;
(c) if a person who will begin to control the registered holder 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.
566E Notice of decision
Notice of approval
(1) If the Titles Administrator approves a change in control of a registered holder of a title, the Titles Administrator must give the applicant written notice of the approval.
Notice of refusal
(2) If the Titles Administrator refuses to approve the change in control of a registered holder of a title, the Titles Administrator must give the applicant written notice of the refusal.
566F Retention and return of instrument
If an application under section 566C was accompanied by the original instrument or proposed instrument effecting a change in control of a registered holder of a title, the Titles Administrator must, after making a decision under subsection 566D(2):
(a) make and retain a copy of the instrument or proposed instrument; and
(b) return the original instrument or proposed instrument to the applicant.
566G Limit of effect of approval
The approval of a change in control of a registered holder of a title does not give the transaction or proposed transaction effecting the change in control any force, effect or validity that the transaction would not have had if this Chapter had not been enacted.
566H Notification of change in circumstances before or during approval period
(1) A person contravenes this subsection if:
(a) an application is made for approval of a change in control of a registered holder of a title under section 566C; and
(b) the person proposes to:
(i) begin to control the registered holder; or
(ii) cease to control the registered holder; and
(c) there is a change in circumstances in relation to the person that materially affects any of the matters the Titles Administrator must have regard to under subsection 566D(4); and
(d) the change in circumstances occurs either:
(i) before the Titles Administrator makes a decision under subsection 566D(2); or
(ii) if the change in control is approved—during the approval period for the change in control; and
(e) the person does not notify the Titles Administrator of the matters in paragraph (c) as soon as practicable after the change in circumstances occurs.
Note 1: Under subsection 566D(4), the Titles Administrator must have regard to various matters when deciding whether to approve or refuse to approve a change in control of a registered holder of a title.
Note 2: Contravention of this subsection is also a ground for cancellation of the title (see paragraphs 274(e) and 446(da)).
Civil penalty provision
(2) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 480 penalty units.
566J Revocation of approval
Revocation
(1) The Titles Administrator may revoke an approval of a change in control of a registered holder of a title in the approval period for the change in control if:
(a) there is a change in the circumstances of a person who is approved to:
(i) begin to control the registered holder; or
(ii) cease to control the registered holder; and
(b) the Titles Administrator considers it appropriate to revoke the approval.
Notice of revocation
(2) If the Titles Administrator revokes an approval of a change in control, the Titles Administrator must give written notice of the revocation to the person given notice of the approval of the change in control.
566K Notification of change in control
(1) A person contravenes this subsection if:
(a) the Titles Administrator approves a change in control of a registered holder of a title; and
(b) the change in control takes effect within the approval period for the change in control; and
(c) the person given notice of the approval of the change in control does not notify the Titles Administrator of the matter in paragraph (b) within 10 days after the end of the approval period.
Civil penalty provision
(2) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 480 penalty units.
(3) The maximum civil penalty for each day that a contravention of subsection (2) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (2) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
566L Change in control information to be entered in Register
(1) If the Titles Administrator is notified of a change in control of a registered holder of a title, the Titles Administrator must make a notation of the matters set out in subsection (2) in the Register on:
(a) the memorial relating to any title held by the registered holder; or
(b) a copy of that title.
(2) The matters are the following:
(a) the date of any application made under section 566C;
(b) the date of any decision made under subsection 566D(2);
(c) the date the change in control took effect.
(3) The Titles Administrator may make such other notation in the Register as the Titles Administrator considers appropriate.
566M Application fee
(1) An application for an approval under section 566C must be accompanied by the fee (if any) prescribed by the regulations.
(2) The fee must not be such as to amount to taxation.
(3) An application is taken to be accompanied by the fee if the fee is received before the end of the 10‑day period that began on the day after the application was made.
Part 5A.3—Change in control must be approved
566N Change in control must be approved by Titles Administrator
(1) A person contravenes this subsection if:
(a) there is a change in control of a registered holder of a title; and
(b) the person:
(i) begins to control the registered holder; or
(ii) ceases to control the registered holder; and
(c) either:
(i) the Titles Administrator has not approved the change in control; or
(ii) the Titles Administrator has approved the change in control, but the change in control took effect after the end of the approval period for the change in control.
Note: Contravention of this subsection is also a ground for cancellation of title (see paragraphs 274(e) and 446(da)).
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 1,200 penalty units, or both.
Civil penalty provision
(3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 2,400 penalty units.
(4) Subsection (3) does not apply if the person did not know, and could not reasonably be expected to have known, that the person has begun to control, or ceased to control, the registered holder.
Note: A person who wishes to rely on subsection (4) in proceedings for a civil penalty order bears an evidential burden in relation to that matter (see section 96 of the Regulatory Powers Act).
566P Notification of change in control that takes effect without approval
(1) A person contravenes this subsection if:
(a) there is a change in control of a registered holder of a title; and
(b) the person:
(i) begins to control the registered holder; or
(ii) ceases to control the registered holder; and
(c) either:
(i) the Titles Administrator has not approved the change in control; or
(ii) the Titles Administrator has approved the change in control, but the change in control took effect after the end of the approval period for the change in control; and
(d) the person does not notify the Titles Administrator of the change in control within 30 days of the change taking effect.
Note: Contravention of this subsection is also a ground for cancellation of title (see paragraphs 274(e) and 446(da) of the Act).
Civil penalty provision
(2) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 480 penalty units.
(3) The maximum civil penalty for each day that a contravention of subsection (2) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (2) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
(4) Subsection (2) does not apply if the person did not know, and could not reasonably be expected to have known, that the person has begun to control, or ceased to control, the registered holder.
Note: A person who wishes to rely on subsection (4) in proceedings for a civil penalty order bears an evidential burden in relation to that matter (see section 96 of the Regulatory Powers Act).
566Q Notification of change in control by registered holder
(1) A registered holder of a title contravenes this section if:
(a) there is a change in control of the registered holder; and
(b) either:
(i) the Titles Administrator has not approved the change in control; or
(ii) the Titles Administrator has approved the change in control, but the change in control took effect after the end of the approval period for the change in control; and
(c) the registered holder knows or ought reasonably to know the change in control has taken effect; and
(d) the registered holder does not notify the Titles Administrator of the change in control within 30 days of the change taking effect.
Civil penalty provision
(2) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 480 penalty units.
(3) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2).
Part 5A.4—Information‑gathering powers
566R Titles Administrator may obtain information and documents
Scope
(1) This section applies if:
(a) one of the following applies:
(i) the Titles Administrator believes on reasonable grounds that there has been, or that there will be, a change in control of a registered holder of a title;
(ii) an application is made under section 566C for an approval of a change in control of a registered holder;
(iii) the approval period for the change in control of a registered holder of a title has not ended and the Titles Administrator believes on reasonable grounds that there has been, or will be, a change in the circumstances of a person approved to begin to control the registered holder or cease to control the registered holder; and
(b) the Titles Administrator believes on reasonable grounds that a person has information or a document, or is capable of giving evidence, that is relevant to the matter in subparagraph (a)(i), (ii) or (iii).
Requirement
(2) The Titles Administrator may, by notice in writing given to the person, require the person:
(a) to give the Titles Administrator, within the period and in the manner specified in the notice, any such information; or
(b) to produce to the Titles Administrator, within the period and in the manner specified in the notice, any such documents; or
(c) if the person is an individual—to appear before the Titles Administrator at a time and place specified in the notice to:
(i) give any such evidence, either orally or in writing; and
(ii) produce any such documents; or
(d) if the person is a body corporate—to cause a competent officer of the body to appear before the Titles Administrator at a time and place specified in the notice to:
(i) give any such evidence, either orally or in writing; and
(ii) produce any such documents.
(3) The period specified under paragraph (2)(a) or (b) must not be shorter than 14 days after the notice is given.
(4) A time specified under paragraph (2)(c) or (d) must not be earlier than 14 days after the notice is given.
(5) A person contravenes this subsection if:
(a) a person is subject to a requirement under subsection (2); and
(b) the person fails to comply with the requirement.
Fault‑based offence
(6) A person commits an offence if the person contravenes subsection (5).
Penalty: 100 penalty units.
Civil penalty provision
(7) A person is liable to a civil penalty if the person contravenes subsection (5).
Civil penalty: 150 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
(8) The maximum penalty for each day that an offence under subsection (6) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: To the extent that subsection (10) provides, subsection (6) is a continuing offence under section 4K of the Crimes Act 1914.
(9) The maximum civil penalty for each day that a contravention of subsection (7) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: To the extent that subsection (10) provides, subsection (7) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
(10) Subsections (8) and (9) apply only in relation to a contravention of a requirement to which paragraph (2)(a) or (b) applies.
Notice to set out the effect of offence and civil penalty provisions
(11) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (6);
(b) subsection (7);
(c) subsection (8);
(d) subsection (9);
(e) section 566W (about giving false or misleading information);
(f) section 566X (about giving false or misleading documents);
(g) section 566Y (about giving false or misleading evidence).
566S Power to examine on oath or affirmation
The Titles Administrator may:
(a) administer an oath or affirmation to a person required to appear before the Titles Administrator under section 566R; and
(b) examine that person on oath or affirmation.
566T Self‑incrimination
(1) An individual is not excused from giving information or evidence or producing a document under section 566R on the ground that the information or evidence or the production of the document might tend to incriminate the individual in relation to an offence.
Note: A body corporate is not entitled to claim the privilege against self‑incrimination.
(2) However:
(a) the information or evidence given or the document produced; and
(b) the giving of the information or evidence or the production of the document; and
(c) any information, document or thing obtained as a direct or indirect consequence of the giving of the information or evidence or the production of the document;
are not admissible in evidence against the individual in any criminal proceedings, other than:
(d) proceedings for an offence against subsection 566R(6) or section 566W, 566X or 566Y; or
(e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Part.
(3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to giving information or evidence or producing a document under section 566R, the individual is not excused from giving the information or evidence or producing the document under those provisions on that ground.
Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.
566U Copies of documents
The Titles Administrator may inspect a document produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.
566V Titles Administrator may retain documents
(1) The Titles Administrator may take possession of a document produced under this Part, and retain it for as long as is reasonably necessary.
(2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Titles Administrator to be a true copy.
(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.
(4) Until a certified copy is supplied, the Titles Administrator must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.
566W False or misleading information
A person commits an offence if:
(a) the person gives information in compliance or purported compliance with subsection 566R(2); and
(b) the person does so knowing that the information:
(i) is false or misleading in a material particular; or
(ii) omits any matter or thing without which the information is misleading in a material particular.
Note: The same conduct may be an offence against both this section and section 137.1 of the Criminal Code.
Penalty: 100 penalty units.
566X False or misleading documents
A person commits an offence if:
(a) the person produces a document in compliance or purported compliance with subsection 566R(2); and
(b) the person does so knowing that the document is false or misleading in a material particular.
Note: The same conduct may be an offence against both this section and section 137.2 of the Criminal Code.
Penalty: 100 penalty units.
566Y False or misleading evidence
A person commits an offence if:
(a) the person gives evidence in compliance or purported compliance with subsection 566R(2); and
(b) the person does so knowing that the evidence is false or misleading in a material particular.
Penalty: Imprisonment for 12 months.
Part 5A.5—Tracing and anti‑avoidance
566Z Tracing
(1) Subsection (4) applies if a person (whether alone or together with one or more other persons the person acts jointly with):
(a) holds the power to exercise, or control the exercise of, 20% or more of the voting rights in:
(i) a corporation (higher party); or
(ii) a partnership (a general partner of which is a higher party); or
(b) holds, or holds an interest in, 20% or more of the issued securities in a corporation (higher party); or
(c) holds 20% or more of the interests in:
(i) a trust (a trustee of which is a higher party); or
(ii) a partnership (a general partner of which is a higher party);
including because of one or more applications of this section; and
(d) the higher party (whether alone or together with one or more other persons the person acts jointly with) holds the power to exercise, or control the exercise of, 20% or more of the voting rights in:
(i) a corporation (lower party); or
(ii) a partnership (lower party) other than the partnership mentioned in subparagraph (a)(ii) or subparagraph (c)(ii) (if either of those subparagraphs apply); or
(e) the higher party holds, or holds an interest in, 20% or more of the issued securities in a corporation (lower party); or
(f) the higher party holds 20% or more of the interests in:
(i) a trust (lower party); or
(ii) a partnership (lower party) other than the partnership mentioned in subparagraph (a)(ii) or subparagraph (c)(ii) (if either of those subparagraphs apply).
(2) A person holds 20% or more of the interests in a trust if the person holds 20% or more of:
(a) the beneficial interest in the income or property of the trust; or
(b) the interest in units in a unit trust.
(3) A person holds 20% or more of the interests in a partnership if the person is entitled to 20% or more of any of the distributions of capital, assets or profits of the partnership, either on dissolution of the partnership or otherwise.
(4) For the purposes of this Chapter:
(a) if paragraph (1)(d) applies, the person is taken to hold the power to exercise, or control the exercise of, the voting rights in the lower party that the higher party holds the power to exercise or control; or
(b) if paragraph (1)(e) applies, the person is taken to hold, or hold an interest in, the issued securities in the lower party that the higher party holds or holds an interest in; or
(c) if paragraph (1)(f) applies, the person is taken to hold the interests in the lower party that the higher party holds.
(5) The regulations may prescribe a different percentage, or different percentages, to the percentage specified in paragraphs (1)(a) to (f) and subsection (2) or (3).
(6) In this section:
general partner means a partner of a partnership whose liability in relation to the partnership is not limited.
566ZA Anti‑avoidance
(1) A person contravenes this subsection if:
(a) the person, either alone or with one or more other persons:
(i) enters into a scheme; or
(ii) begins to carry out a scheme; or
(iii) carries out a scheme; and
(b) the person does so for the sole or dominant purpose of avoiding the application of Part 5A.3 in relation to any person or persons (whether or not those persons are the same persons mentioned in paragraph (a)); and
(c) as a result of that scheme or part of that scheme, a person avoided the application of Part 5A.3.
Note: Contravention of this subsection is also a ground for cancellation of title (see paragraphs 274(e) and 446(da) of the Act).
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: 1,200 penalty units.
Civil penalty provision
(3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 2,400 penalty units.
(4) In this section:
scheme means:
(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
(b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.
Part 5A.6—Other provisions
566ZB Titles Administrator etc. not concerned with the effect of instrument lodged under this Chapter
None of the following is concerned with the effect in law of an instrument lodged under this Chapter:
(a) the Joint Authority;
(b) the Titles Administrator;
(c) a person acting under the direction or authority of the Joint Authority or the Titles Administrator.
566ZC Falsified documents
A person commits an offence if:
(a) the person produces or tenders in evidence a document; and
(b) the document falsely purports to be a copy of or extract from an instrument given to the Titles Administrator under this Chapter.
Note: The same conduct may be an offence against both this section and section 137.2 of the Criminal Code.
Penalty: 50 penalty units.
566ZD Inspection of instruments
The Titles Administrator must ensure that all instruments, or copies of instruments, subject to inspection under this Chapter are open for inspection at all convenient times, by any person on payment of a fee calculated under the regulations.
566ZE Evidentiary provisions
Certified copies and extracts
(1) The Titles Administrator may, on payment of a fee calculated under the regulations, supply a copy of or extract from any instrument lodged with the Titles Administrator under this Chapter, certified by the Titles Administrator to be a true copy or true extract.
(2) The certified copy or extract is admissible in evidence in all courts and proceedings without further proof or production of the original.
Evidentiary certificate
(3) The Titles Administrator may, on payment of a fee calculated under the regulations, issue a written certificate:
(a) stating that an entry, matter or thing required or permitted by or under this Chapter to be made or done:
(i) has been made or done; or
(ii) has not been made or done; or
(b) stating that an entry, matter or thing required by or under this Chapter not to be made or done:
(i) has not been made or done; or
(ii) has been made or done.
(4) The certificate is to be received in all courts and proceedings as prima facie evidence of the statements in the certificate.
Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence
(5) A certificate must not be admitted in evidence under subsection (4) in proceedings for an offence unless:
(a) the person charged with the offence; or
(b) a barrister or solicitor who has appeared for the person in those proceedings;
has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.
Person signing the certificate may be called to give evidence
(6) If, under subsection (4), a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be:
(a) called as a witness for the prosecution; and
(b) cross‑examined as if the person who signed the certificate had given evidence of the matters stated in the certificate.
(7) However, subsection (6) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:
(a) the prosecutor has been given at least 4 days’ notice of the person’s intention to require the person who signed the certificate to be so called; or
(b) the court, by order, allows the person charged to require the person who signed the certificate to be so called.
Evidence in support, or in rebuttal, of matters in certificate to be considered on its merits
(8) Any evidence given in support, or in rebuttal, of a matter stated in a certificate issued under subsection (3) must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.
Chapter 6—Administration
Part 6.1—Operations
567 Simplified outline
The following is a simplified outline of this Part:
• This Part imposes requirements that must be complied with by titleholders in relation to the following:
(a) the commencement of works or operations;
(b) work practices;
(c) financial assurance;
(d) the maintenance and removal of property.
568 Commencement of works or operations
Scope
(1) This section applies to:
(a) a special petroleum exploration permit; or
(b) a petroleum retention lease; or
(c) an infrastructure licence; or
(d) a pipeline licence;
if the permit, lease or licence is granted subject to a condition that works or operations specified in the permit, lease or licence are to be carried out.
Commencement of works or operations
(2) The registered holder of the permit, lease or licence must begin to carry out those works or operations within:
(a) 180 days after the day on which the permit, lease or licence comes into force; or
(b) such longer period as the Joint Authority allows.
569 Work practices
(1) The table has effect:
Work practices |
Item | This person... | must... |
1 | the registered holder of a petroleum exploration permit, petroleum retention lease or petroleum production licence | (a) carry out all petroleum exploration operations in the permit area, lease area or licence area in a proper and workmanlike manner and in accordance with good oilfield practice; and (b) carry out all petroleum recovery operations in the permit area, lease area or licence area in a proper and workmanlike manner and in accordance with good oilfield practice; and (c) control the flow, and prevent the waste or escape, in the permit area, lease area or licence area, of petroleum or water; and (d) prevent the escape, in the permit area, lease area or licence area, of any mixture of water or drilling fluid with petroleum or any other matter; and (e) prevent damage to petroleum‑bearing strata in an area (whether in the offshore area or not) in relation to which the permit, lease or licence is not in force; and (f) keep separate each petroleum pool discovered in the permit area, lease area or licence area; and (g) keep separate such of the sources of water (if any) discovered in the permit area, lease area or licence area as the Titles Administrator, by written notice given to the registered holder, directs; and (h) prevent water or any other matter entering any petroleum pool through wells in the permit area, lease area or licence area except when required by, and in accordance with, good oilfield practice. |
2 | the registered holder of an infrastructure licence | (a) carry out operations authorised by the licence in a safe manner and in accordance with good oilfield practice and good processing and transport practice; and (b) control the flow, and prevent the waste or escape, from an infrastructure facility constructed under the licence, of water, petroleum or any product derived by processing petroleum. |
3 | the registered holder of a pipeline licence | (a) operate the pipeline in a proper and workmanlike manner; and (b) prevent the waste or escape of petroleum or water from the pipeline or from any secondary line, pumping station, tank station, valve station or water line. |
4 | the registered holder of a petroleum special prospecting authority or petroleum access authority | carry out all petroleum exploration operations in the authority area in a proper and workmanlike manner and in accordance with good oilfield practice. |
(2) Paragraphs (c) to (h) of item 1, and paragraph (b) of item 2, of the table in subsection (1) have effect subject to any authorisation given, or requirement made, by or under:
(a) this Act; or
(b) the regulations; or
(c) a direction under this Act.
(3) Paragraphs (b) to (h) of item 1 of the table in subsection (1) do not limit paragraph (a) of that item.
(4) Paragraph (b) of item 2 of the table in subsection (1) does not limit paragraph (a) of that item.
(5) Paragraph (b) of item 3 of the table in subsection (1) does not limit paragraph (a) of that item.
Offence
(6) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the requirement.
Penalty: 100 penalty units.
(6A) An offence against subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Civil penalty
(6B) A person is liable to a civil penalty if the person contravenes a requirement under subsection (1).
Civil penalty: 1,000 penalty units.
Defence
(7) In:
(a) a prosecution for an offence against subsection (6) in relation to a breach of a paragraph of an item of the table in subsection (1); or
(aa) proceedings for a civil penalty order for the purposes of subsection (6B) in relation to a breach of a paragraph of an item of the table in subsection (1); or
(b) an action arising out of a breach of a paragraph of an item of the table in subsection (1);
it is a defence if the defendant proves that the defendant took all reasonable steps to comply with that paragraph.
Note: In a prosecution for an offence, the defendant bears a legal burden in relation to the matter in subsection (7)—see section 13.4 of the Criminal Code.
This section has effect subject to certain other provisions etc.
(8) This section has effect subject to:
(a) any other provision of this Act; and
(b) the regulations; and
(c) a direction under section 574, 574A or 576B; and
(d) any other law.
Note: A petroleum titleholder is required to comply with any directions by NOPSEMA or the responsible Commonwealth Minister given under the following provisions:
(a) sections 574 and 576B (by NOPSEMA);
(b) section 574A (by the responsible Commonwealth Minister).
570 Work practices
(1) The table has effect:
Work practices |
Item | This person... | must... |
1 | the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence or petroleum production licence | (a) carry out all: (i) operations relating to the exploration for potential greenhouse gas storage formations; or (ii) operations relating to the exploration for potential greenhouse gas injection sites; in the permit area, lease area or licence area in a proper and workmanlike manner; and (b) carry out all: (i) operations relating to the injection of a greenhouse gas substance into a part of a geological formation; or (ii) operations relating to the storage of a greenhouse gas substance in a part of a geological formation; in the permit area, lease area or licence area in a proper and workmanlike manner. |
2 | the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence or petroleum production licence | (a) control the flow, and prevent the escape, in the permit area, lease area or licence area, of greenhouse gas substances; and (b) control the flow, and prevent the waste or escape, in the permit area, lease area or licence area, of petroleum or water; and (c) prevent the escape, in the permit area, lease area or licence area, of any mixture of water or drilling fluid with petroleum or any other matter; and (d) prevent damage to petroleum‑bearing strata, and potential greenhouse gas storage formations, in an area (whether in the offshore area or not) in relation to which the permit, lease or licence is not in force; and (e) keep separate each petroleum pool discovered in the permit area, lease area or licence area; and (f) keep separate such of the sources of water (if any) discovered in the permit area, lease area or licence area as the responsible Commonwealth Minister, by written notice given to the registered holder, directs; and (g) prevent water, a greenhouse gas substance or any other matter entering any petroleum pool through wells in the permit area, lease area or licence area except when required by, and in accordance with, good oilfield practice. |
3 | the registered holder of a greenhouse gas special authority | carry out all: (a) operations relating to the exploration for potential greenhouse gas storage formations; or (b) operations relating to the exploration for potential greenhouse gas injection sites; or (c) operations relating to the injection of a greenhouse gas substance into a potential greenhouse gas storage formation; or (d) operations relating to the storage of a greenhouse gas substance in a potential greenhouse gas storage formation; or (e) operations to carry out baseline investigations relating to the storage of a greenhouse gas substance in a potential greenhouse gas storage formation; or (f) operations relating to the monitoring of the behaviour of a greenhouse gas substance stored in a potential greenhouse gas storage formation; in the authority area in a proper and workmanlike manner. |
4 | the registered holder of a greenhouse gas search authority | carry out all: (a) operations relating to the exploration for potential greenhouse gas storage formations; or (b) operations relating to the exploration for potential greenhouse gas injection sites; in the authority area in a proper and workmanlike manner. |
5 | the holder of a greenhouse gas research consent | carry out all: (a) operations relating to the exploration for potential greenhouse gas storage formations; or (b) operations relating to the exploration for potential greenhouse gas injection sites; authorised by the consent in a proper and workmanlike manner. |
(2) Paragraphs (a) to (g) of item 2 of the table in subsection (1) have effect subject to any authorisation given, or requirement made, by or under:
(a) this Act; or
(b) the regulations; or
(c) a direction under this Act.
(3) Paragraph (b) of item 1 of the table in subsection (1) does not limit paragraph (a) of that item.
(4) Paragraphs (a) to (g) of item 2 of the table in subsection (1) do not limit paragraph (a) of item 1 of the table.
Offence
(5) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the requirement.
Penalty: 100 penalty units.
(5A) An offence against subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Defence
(6) In:
(a) a prosecution for an offence against subsection (5) in relation to a breach of a paragraph of an item of the table in subsection (1); or
(b) an action arising out of a breach of a paragraph of an item of the table in subsection (1);
it is a defence if the defendant proves that the defendant took all reasonable steps to comply with that paragraph.
Note: In a prosecution for an offence, the defendant bears a legal burden in relation to the matter in subsection (6)—see section 13.4 of the Criminal Code.
This section has effect subject to certain other provisions etc.
(7) This section has effect subject to:
(a) any other provision of this Act; and
(b) the regulations; and
(c) a direction given by NOPSEMA or the responsible Commonwealth Minister under:
(i) Chapter 3; or
(ii) this Chapter; and
(d) any other law.
571 Financial assurance—petroleum titles
Scope
(1) This section applies in relation to a petroleum activity carried out in relation to any of the following titles:
(a) a petroleum exploration permit;
(b) a petroleum retention lease;
(c) a petroleum production licence;
(d) an infrastructure licence;
(e) a pipeline licence;
(f) a petroleum special prospecting authority;
(g) a petroleum access authority.
Titleholder duty to maintain financial assurance
(2) The titleholder must, at all times while the title is in force, maintain financial assurance sufficient to give the titleholder the capacity to meet costs, expenses and liabilities arising in connection with, or as a result of:
(a) the carrying out of the petroleum activity; or
(b) the doing of any other thing for the purposes of the petroleum activity; or
(c) complying (or failing to comply) with a requirement under this Act, or a legislative instrument under this Act, in relation to the petroleum activity.
Examples: This subsection covers costs, expenses and liabilities arising in connection with, or as a result of, the following (without limitation):
(a) complying with the titleholder’s duty under section 572C (which relates to the escape of petroleum);
(b) a debt due to the Commonwealth, NOPSEMA, a State or the Northern Territory under section 572D, 572E or 572F (which relate to an escape of petroleum), including a debt due to an agency or authority on behalf of the State or the Northern Territory;
(c) complying with a direction under section 574 or 586 relating to the remediation of damage to the seabed or subsoil arising in connection with a petroleum activity.
(3) The following may be provided for by regulation:
(a) compliance with subsection (2) in relation to a petroleum activity to be demonstrated as a prior condition of acceptance of an environment plan for the activity;
(b) such compliance to be in a form acceptable to NOPSEMA;
(c) a failure to maintain such compliance, in a form acceptable to NOPSEMA, to be grounds for the withdrawal of acceptance of an environment plan for the activity.
Form of financial assurance
(4) The forms of financial assurance for a title that may be maintained for the purposes of this section include (without limitation) any of the following, or any combination of the following:
(a) insurance;
(b) self‑insurance;
(c) a bond;
(d) the deposit of an amount as security with a financial institution;
(e) an indemnity or other surety;
(f) a letter of credit from a financial institution;
(g) a mortgage.
(5) In this section:
environment plan for a petroleum activity means an environment plan for the activity under prescribed regulations, or a prescribed provision of regulations, made under this Act.
financial institution has its ordinary meaning, and (to avoid doubt) includes:
(a) an authorised deposit‑taking institution within the meaning of the Banking Act 1959; and
(b) a financial institution of a foreign country.
petroleum activity has the meaning given by prescribed regulations, or a prescribed provision of regulations, made under this Act.
self‑insurance: for a petroleum activity in relation to a title, the titleholder maintains financial assurance in the form of self‑insurance to the extent that the titleholder ensures that financial resources are available at all times while the title is in force to meet costs, expenses and liabilities in relation to the activity arising as mentioned in subsection (2).
titleholder, for a title in relation to which this section applies, means the registered holder of the title.
571A Insurance—greenhouse gas titles
Greenhouse gas titles
(1) The conditions 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;
may include a condition that the registered holder maintain, as directed by the responsible Commonwealth Minister from time to time, insurance against:
(f) expenses; or
(g) liabilities; or
(h) specified things;
arising in connection with, or as a result of:
(i) the carrying out of work under the permit, lease, licence or authority; or
(j) the doing of any other thing under the permit, lease, licence or authority;
including insurance against expenses of complying with directions relating to the clean‑up or other remediation of the effects of the escape of a greenhouse gas substance.
Direction to be in writing
(2) A direction under this section must be in writing.
572 Maintenance and removal of property etc. by titleholder
Titleholder and title area
(1) For the purposes of this section, 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. |
4 | an infrastructure licence | the licensee | the licence area. |
5 | a pipeline licence | the licensee | the part of the offshore area in which the pipeline is constructed. |
6 | a petroleum special prospecting authority | the registered holder of the authority | the authority area. |
7 | a petroleum access authority | the registered holder of the authority | the authority area. |
8 | a greenhouse gas assessment permit | the permittee | the permit area. |
9 | a greenhouse gas holding lease | the lessee | the lease area. |
10 | a greenhouse gas injection licence | the licensee | the licence area. |
11 | a greenhouse gas search authority | the registered holder of the authority | the authority area. |
12 | a greenhouse gas special authority | the registered holder of the authority | the authority area. |
Maintenance of property etc.
(2) A titleholder must maintain in good condition and repair all structures that are, and all equipment and other property that is:
(a) in the title area; and
(b) used in connection with the operations authorised by the permit, lease, licence or authority.
Removal of property etc.
(3) A titleholder must remove from the title area all structures that are, and all equipment and other property that is, neither used nor to be used in connection with the operations:
(a) in which the titleholder is or will be engaged; and
(b) that are authorised by the permit, lease, licence or authority.
Offence
(4) A person commits an offence if:
(a) the person is subject to a requirement under subsection (2) or (3); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 100 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Civil penalty
(5A) A person is liable to a civil penalty if the person contravenes a requirement under subsection (2) or (3) in relation to a title area covered by item 1, 2, 3, 4, 5, 6 or 7 of the table in subsection (1).
Civil penalty: 525 penalty units.
Exception
(6) Subsections (2) and (3) do not apply in relation to any structure, equipment or other property that was not brought into the title area by or with the authority of the titleholder.
Section has effect subject to other provisions etc.
(7) This section has effect subject to:
(a) any other provision of this Act; and
(b) the regulations; and
(c) a direction given by NOPSEMA or the responsible Commonwealth Minister under:
(i) Chapter 3; or
(ii) this Chapter; and
(d) any other law.
Part 6.1A—Polluter pays
Division 1—General
572A Simplified outline
The following is a simplified outline of this Part:
If there is an escape of petroleum in relation to a petroleum activity, the titleholder is required to do the following in any offshore area:
(a) eliminate or control the escape;
(b) clean up the escaped petroleum and remediate any resulting damage to the environment;
(c) carry out environmental monitoring of the impact of the escape on the environment.
If any of the escaped petroleum has migrated to land or waters of a State, the Northern Territory or a designated external Territory, the titleholder is required to do the following on that land or in those waters:
(a) clean up the escaped petroleum and remediate any resulting damage to the environment;
(b) carry out environmental monitoring of the impact of the escape on the environment.
If the titleholder fails to do any of these things, NOPSEMA or the responsible Commonwealth Minister may do them instead. The titleholder must reimburse NOPSEMA or the Commonwealth for the costs and expenses of any such action.
The titleholder must also reimburse a State or the Northern Territory for any reasonable costs or expenses incurred in doing any of the following in land or waters of the State or the Northern Territory:
(a) cleaning up the escaped petroleum;
(b) remediating any resulting damage to the environment;
(c) carrying out environmental monitoring of the impact of the escape on the environment.
572AA Land or waters of a State or the Northern Territory
For the purposes of this Part, land or waters of a State or the Northern Territory means:
(a) land or waters within the limits of the State or the Northern Territory, as the case may be; or
(b) the coastal waters of the State or the Northern Territory, as the case may be.
572AB Land or waters of a designated external Territory
For the purposes of this Part, land or waters of a designated external Territory means land or waters within the limits of the designated external Territory.
572B Relationship with significant offshore petroleum incident directions
Nothing in this Part limits the power of NOPSEMA to give a direction under section 576B in relation to an escape of petroleum.
Note: Section 576B allows NOPSEMA to give directions dealing with significant offshore petroleum incidents.
Division 2—Polluter pays
572C Escape of petroleum—titleholder’s duty
Scope
(1) This section applies in the event of an escape of petroleum occurring as a result of, or in connection with, a petroleum activity in relation to any of the following titles:
(a) a petroleum exploration permit;
(b) a petroleum retention lease;
(c) a petroleum production licence;
(d) an infrastructure licence;
(e) a pipeline licence.
Titleholder’s duty
(2) The registered holder of the title must:
(a) in an offshore area, in accordance with the environment plan for the petroleum activity:
(i) as soon as possible after becoming aware of the escape of petroleum, take all reasonably practicable steps to eliminate or control it; and
(ii) clean up the escaped petroleum and remediate any resulting damage to the environment; and
(iii) carry out environmental monitoring of the impact of the escape on the environment; and
(b) if any of the escaped petroleum has migrated to land or waters of a State or the Northern Territory—on that land or in those waters, as the case may be, in accordance with the environment plan for the petroleum activity:
(i) clean up the escaped petroleum and remediate any resulting damage to the environment; and
(ii) carry out environmental monitoring of the impact of the escape on the environment; and
(c) if any of the escaped petroleum has migrated to land or waters of a designated external Territory—on that land or in those waters, as the case may be, in accordance with the environment plan for the petroleum activity:
(i) clean up the escaped petroleum and remediate any resulting damage to the environment; and
(ii) carry out environmental monitoring of the impact of the escape on the environment.
(2A) Before doing anything under subsection (2) on or in land or waters of a State or the Northern Territory, NOPSEMA must consult the designated public official of the State or the Northern Territory, as the case may be.
(2B) Before doing anything under subsection (2) on or in land or waters of a designated external Territory, NOPSEMA must consult the designated public official of the designated external Territory.
Definitions
(3) In this section:
environment plan for a petroleum activity means an environment plan for the activity under prescribed regulations, or a prescribed provision of regulations, made under this Act.
petroleum activity has the meaning given by prescribed regulations, or a prescribed provision of regulations, made under this Act.
572D Escape of petroleum—reimbursement of NOPSEMA
Scope
(1) This section applies if NOPSEMA considers on reasonable grounds that the registered holder of a title has failed to comply with subsection 572C(2) in relation to an escape of petroleum.
Action taken by NOPSEMA
(2) NOPSEMA may do any or all of the things that NOPSEMA considers, on reasonable grounds, the registered holder of the title has failed to do to comply with subsection 572C(2).
(2A) Before doing anything under subsection (2) on or in land or waters of a State or the Northern Territory, NOPSEMA must consult the designated public official of the State or the Northern Territory, as the case may be.
(2B) Before doing anything under subsection (2) on or in land or waters of a designated external Territory, NOPSEMA must consult the designated public official of the designated external Territory.
Recovery of costs and expenses incurred by NOPSEMA
(3) Costs or expenses incurred by NOPSEMA in doing any thing under subsection (2) are:
(a) a debt due to NOPSEMA by the registered holder of the title; and
(b) recoverable by NOPSEMA in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
572E Escape of petroleum—reimbursement of responsible Commonwealth Minister
Scope
(1) This section applies if the responsible Commonwealth Minister considers on reasonable grounds that the registered holder of a title has failed to comply with subsection 572C(2) in relation to an escape of petroleum.
Action taken by responsible Commonwealth Minister
(2) The responsible Commonwealth Minister may do any or all of the things that he or she considers, on reasonable grounds, the registered holder of the title has failed to do to comply with subsection 572C(2).
(2A) Before doing anything under subsection (2) on or in land or waters of a State or the Northern Territory, the responsible Commonwealth Minister must consult the designated public official of the State or the Northern Territory, as the case may be.
(2B) Before doing anything under subsection (2) on or in land or waters of a designated external Territory, the responsible Commonwealth Minister must consult the designated public official of the designated external Territory.
Recovery of costs and expenses incurred by responsible Commonwealth Minister
(3) Costs or expenses incurred by the responsible Commonwealth Minister in doing any thing under subsection (2) are:
(a) a debt due to the Commonwealth by the registered holder of the title; and
(b) recoverable by the Commonwealth in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
572F Escape of petroleum—reimbursement of State or Northern Territory
Scope
(1) This section applies if:
(a) there is an escape of petroleum, in relation to a title, to which subsection 572C(1) applies; and
(b) a State or the Northern Territory, or an agency or authority acting on behalf of the State or the Northern Territory, as the case may be, incurs reasonable costs or expenses (recoverable costs or expenses) in doing any of the following in the land or waters of the State or the Northern Territory, as the case may be:
(i) cleaning up the escaped petroleum;
(ii) remediating any resulting damage to the environment;
(iii) carrying out environmental monitoring of the impact of the escape on the environment.
Recovery of costs and expenses incurred by the State or the Northern Territory
(2) The recoverable costs or expenses are:
(a) a debt due to the State or the Northern Territory, as the case may be (or to the agency or authority acting on behalf of the State or the Northern Territory, as the case may be) by the registered holder of the title; and
(b) recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
Other rights of action not affected
(3) This section does not affect any other right of action, or other remedy, that the State or the Northern Territory, as the case may be, an agency or authority acting on behalf of the State or the Northern Territory, as the case may be, or any other person may have against the registered holder of the title in relation to the escape of petroleum.
572G Concurrent operation of State and Territory laws
This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.
572H Constitutional basis of this Part
This Part relies on the Commonwealth’s legislative powers under paragraphs 51(xxix) (external affairs) and (xxxix) (incidental matters) of the Constitution.
572J Additional operation of this Part
(1) In addition to section 572H, this Part also has effect as provided by this section.
Corporations
(2) This Part also has the effect it would have if a reference to an escape of petroleum were expressly confined to an escape of petroleum occurring as a result of, or in connection with, a petroleum activity in relation to a title the registered holder of which is a constitutional corporation.
Territories
(3) This Part also has the effect it would have if a reference to an escape of petroleum were expressly confined to an escape of petroleum to the extent to which the escaped petroleum has migrated to land or waters within the limits of a Territory.
Part 6.2—Directions relating to petroleum
Division 1—Simplified outline
573 Simplified outline
The following is a simplified outline of this Part:
• NOPSEMA or the responsible Commonwealth Minister may give a direction to a petroleum titleholder. A direction may extend to other persons.
• If there is a significant offshore petroleum incident in a petroleum title area, NOPSEMA may give a specific direction to the titleholder to deal with the escape of petroleum resulting from the incident, whether within or outside the title area.
• If there is a breach of a direction given by the Joint Authority or NOPSEMA under Chapter 2, this Chapter or the regulations, NOPSEMA may do anything required by the direction to be done, and NOPSEMA’s costs may be recovered from the person to whom the direction was given.
• If there is a breach of a direction given by the responsible Commonwealth Minister under this Part, the responsible Commonwealth Minister may do anything required by the direction to be done, and the responsible Commonwealth Minister’s costs may be recovered from the person to whom the direction was given.
• In a prosecution for an offence, or a proceeding for a civil penalty order, relating to a breach of:
(a) a direction given by the Joint Authority or NOPSEMA under Chapter 2, this Chapter or the regulations; or
(b) a direction given by the responsible Commonwealth Minister under this Part;
it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Division 2—General power to give directions
574 General power to give directions—NOPSEMA
Definition
(1) In this section:
title means:
(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.
Direction to registered holder
(2) NOPSEMA may, by written notice given to the registered holder of a title, give the registered holder a direction as to any matter in relation to which regulations may be made.
Note 1: Section 782 is the main provision setting out matters in relation to which regulations may be made.
Note 2: Breach of a direction may attract a criminal or civil penalty: see section 576.
Note 3: A direction under this section has no effect to the extent of any inconsistency with a direction under section 574A: see subsection 574A(12).
Note 4: A direction under this section also has no effect to the extent of any inconsistency with a direction under section 576B (which relates to significant offshore petroleum incidents): see subsection 576C(2).
Extended application of direction
(3) A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to:
(a) a specified class of persons, so long as the class consists of, or is included in, either or both of the following classes:
(i) employees or agents of, or persons acting on behalf of, the registered holder;
(ii) persons performing work or services, whether directly or indirectly, for the registered holder; or
(b) any person (other than the registered holder or a person to whom the direction applies in accordance with paragraph (a)) who is:
(i) in the offshore area for any reason touching, concerning, arising out of, or connected with, exploring the seabed or subsoil of the offshore area for petroleum or exploiting the petroleum that occurs as a natural resource of that seabed or subsoil; or
(ii) 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 that kind.
(4) If a direction so expressed is given, the direction is taken to apply to each person included in the specified class mentioned in paragraph (3)(a) or to each person who is in the offshore area as mentioned in paragraph (3)(b), as the case may be.
Note: For notification requirements, see section 575.
Additional matters
(6) A direction under this section has effect, and must be complied with, despite:
(a) any previous direction under this section; and
(b) anything in the regulations or the applied provisions.
Note: For applied provisions, see subsection 80(2).
(7) A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
(8) To avoid doubt, subsection (7) applies to an instrument, whether issued or made in Australia or outside Australia.
(9) A direction under this section may prohibit the doing of an act or thing:
(a) unconditionally; or
(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
(9A) If:
(a) NOPSEMA gives a direction under this section; and
(b) NOPSEMA considers that the direction may have significant consequences for:
(i) resource management; or
(ii) resource security;
NOPSEMA must:
(c) give the responsible Commonwealth Minister a copy of the direction; and
(d) do so as soon as practicable after the direction was given.
Directions
(10) If paragraph (3)(b) applies to a direction under this section, the direction is a legislative instrument.
(11) If paragraph (3)(b) does not apply to a direction under this section, the direction is not a legislative instrument.
574A General power to give directions—responsible Commonwealth Minister
Definition
(1) In this section:
title means:
(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.
Direction to registered holder
(2) The responsible Commonwealth Minister may, by written notice given to the registered holder of a title, give the registered holder a direction as to any matter in relation to which regulations may be made, so long as that matter is a matter:
(a) that relates to resource management; or
(b) that relates to resource security; or
(c) in relation to which regulations may be made for the purposes of section 698 (which deals with data management).
Note 1: Section 782 is the main provision setting out matters in relation to which regulations may be made.
Note 2: Breach of a direction may attract a criminal or civil penalty: see section 576.
Note 3: For inconsistency between directions under this Division and Division 2A (which relates to significant offshore petroleum incidents), see subsection (12) of this section and subsection 576C(2).
Extended application of direction
(3) A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to:
(a) a specified class of persons, so long as the class consists of, or is included in, either or both of the following classes:
(i) employees or agents of, or persons acting on behalf of, the registered holder;
(ii) persons performing work or services, whether directly or indirectly, for the registered holder; or
(b) any person (other than the registered holder or a person to whom the direction applies in accordance with paragraph (a)) who is:
(i) in the offshore area for any reason touching, concerning, arising out of, or connected with, exploring the seabed or subsoil of the offshore area for petroleum or exploiting the petroleum that occurs as a natural resource of that seabed or subsoil; or
(ii) 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 that kind.
(4) If a direction so expressed is given, the direction is taken to apply to each person included in the specified class mentioned in paragraph (3)(a) or to each person who is in the offshore area as mentioned in paragraph (3)(b), as the case may be.
Note: For notification requirements, see section 575.
Additional matters
(5) The responsible Commonwealth Minister must not give a direction under this section of a standing or permanent nature except with the approval of the Joint Authority, but the validity of a direction is not affected by a breach of this subsection.
(6) A direction under this section has effect, and must be complied with, despite:
(a) any previous direction under this section; and
(b) anything in the regulations (other than prescribed regulations, or a prescribed provision of regulations, made under this Act); and
(c) the applied provisions.
Note: For applied provisions, see subsection 80(2).
(7) A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
(8) To avoid doubt, subsection (7) applies to an instrument, whether issued or made in Australia or outside Australia.
(9) A direction under this section may prohibit the doing of an act or thing:
(a) unconditionally; or
(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
(10) If a direction under this section makes provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard, the responsible Commonwealth Minister must ensure that the text of the code of practice or standard applied, adopted or incorporated is published on the Department’s website.
(11) Subsection (10) does not apply if the publication would infringe copyright.
Inconsistency
(12) If a direction under section 574 is inconsistent with a direction under this section, the direction under section 574 has no effect to the extent of the inconsistency.
Directions
(13) If paragraph (3)(b) applies to a direction under this section, the direction is a legislative instrument.
(14) If paragraph (3)(b) does not apply to a direction under this section, the direction is not a legislative instrument.
574B Directions may extend outside of title area
(1) A direction under this Division may require the registered holder of the title in relation to which the direction is given to take an action (or not to take an action) anywhere in an offshore area, whether within or outside the title area of the title.
(2) If a direction under this Division requires the registered holder of a title (the first title) to take an action in, or in relation to, the title area of another title (the related title), NOPSEMA must give a copy of the direction to the registered holder of the related title as soon as practicable after the direction is given to the registered holder of the first title.
Note: A related title may cover greenhouse gas operations (see the definition of title in subsection (3)).
(3) In this section:
title means any title covered by section 572.
title area of a title has the meaning given by section 572 in relation to the title.
Note: Section 572 sets out the title area for certain petroleum titles and greenhouse gas titles.
575 Notification of a direction that has an extended application
Notification
(1) If a direction under section 574 applies to:
(a) a registered holder; and
(b) a person referred to in paragraph 574(3)(a);
the registered holder must cause a copy of the notice by which the direction was given to be:
(c) given to that other person; or
(d) displayed at a prominent position at a place in the offshore area frequented by that other person.
(2) If a direction under section 574 applies to:
(a) a registered holder; and
(b) a person referred to in paragraph 574(3)(b);
the registered holder must cause a copy of the notice by which the direction was given to be displayed at a prominent position at a place in the offshore area.
(3) If a direction under section 574 applies to:
(a) a registered holder; and
(b) a person referred to in paragraph 574(3)(b);
NOPSEMA may, by written notice given to the registered holder, require the registered holder to cause to be displayed:
(c) at such places in the offshore area; and
(d) in such manner;
as are specified in the notice, copies of the notice by which the direction was given.
Notification
(3A) If a direction under section 574A applies to:
(a) a registered holder; and
(b) a person referred to in paragraph 574A(3)(a);
the registered holder must cause a copy of the notice by which the direction was given to be:
(c) given to that other person; or
(d) displayed at a prominent position at a place in the offshore area frequented by that other person.
(3B) If a direction under section 574A applies to:
(a) a registered holder; and
(b) a person referred to in paragraph 574A(3)(b);
the registered holder must cause a copy of the notice by which the direction was given to be displayed at a prominent position at a place in the offshore area.
(3C) If a direction under section 574A applies to:
(a) a registered holder; and
(b) a person referred to in paragraph 574A(3)(b);
the responsible Commonwealth Minister may, by written notice given to the registered holder, require the registered holder to cause to be displayed:
(c) at such places in the offshore area; and
(d) in such manner;
as are specified in the notice, copies of the notice by which the direction was given.
Offence
(4) A person commits an offence of strict liability if:
(a) the person is subject to a requirement under subsection (1), (2), (3), (3A), (3B) or (3C); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 50 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
Civil penalty
(6) A person is liable to a civil penalty if the person contravenes a requirement under subsection (1), (2), (3), (3A), (3B) or (3C).
Civil penalty: 135 penalty units.
Continuing offences
(7) A person who commits an offence against subsection (4) commits a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the offence continues.
(8) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Continuing contraventions of civil penalty provisions
(9) A person who contravenes subsection (6) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues.
(10) The maximum civil penalty for each day that a contravention of subsection (6) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
576 Directions under sections 574 and 574A—compliance
Basic rule
(1) A person contravenes this subsection if:
(a) the person is subject to a direction under section 574 or 574A; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the direction.
Note 1: NOPSEMA may do anything required to be done under a direction under section 574 in the event of a breach of the direction (see section 577).
Note 2: The responsible Commonwealth Minister may do anything required to be done under a direction under section 574A in the event of a breach of the direction (see section 577A).
Note 3: It is a defence in a proceeding for an offence or civil penalty order under this section if the person subject to the direction proves that the person took all reasonable steps to comply with the direction (see section 578).
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
(3) For the purposes of applying Chapter 2 of the Criminal Code to the offence in subsection (2), the physical elements of the offence are set out in subsection (1).
Note: Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.
Strict liability offence
(4) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
Civil penalty provision
(5) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 525 penalty units.
Defences—breach of direction by person other than a registered holder
(6) Subsection (7) applies in relation to a breach of a direction if:
(a) both of the following persons are subject to the direction:
(i) a registered holder;
(ii) another person; and
(b) the other person is prosecuted for an offence against subsection (2) or (4), or a civil penalty is sought for the purposes of subsection (5), in relation to the other person’s breach of the direction; and
(c) the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction.
(7) Unless it is proved that the other person knew, or could reasonably be expected to have known, of the existence of the direction:
(a) if the other person is prosecuted for an offence—the other person is not to be convicted of the offence; or
(b) if a civil penalty order is sought against the other person—the order is not to be made against the other person.
Continuing offences
(8) A person who commits an offence against subsection (2) or (4) commits a separate offence in respect of each day (including a day of a conviction under that subsection or any later day) during which the offence against that subsection continues.
(9) The maximum penalty for each day that the offence continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Continuing contraventions of civil penalty provisions
(10) A person who contravenes subsection (5) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues.
(11) The maximum civil penalty for each day that a contravention of subsection (5) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Division 2A—Directions for significant offshore petroleum incidents
576A Directions for significant offshore petroleum incidents—definitions for Division 2A
Significant offshore petroleum incidents
(1) In this Division, a significant offshore petroleum incident is a significant incident or occurrence that relates to any or all of the following operations in an offshore area:
(a) petroleum exploration operations;
(b) petroleum recovery operations;
(c) operations relating to the processing or storage of petroleum;
(d) operations relating to the preparation of petroleum for transport;
(e) operations connected with the construction or operation of a pipeline;
(f) operations relating to the decommissioning or removal of structures, equipment or other items of property that have been brought into an offshore area for or in connection with any of the operations mentioned in paragraph (a), (b), (c), (d) or (e).
Note: For inquiries into significant offshore petroleum and greenhouse gas incidents, see Part 9.10A.
(2) Paragraph (1)(f) does not, by implication, limit paragraph (1)(a), (b), (c), (d) or (e).
Titles and title areas
(3) In this Division, the table has effect:
Titles and title areas |
Item | A title is any of the following: | The title area for the title is ... |
1 | a petroleum exploration permit | the permit area. |
2 | a petroleum retention lease | the lease area. |
3 | a petroleum production licence | the licence area. |
4 | an infrastructure licence | the licence area. |
5 | a pipeline licence | the part of the offshore area in which the pipeline is constructed. |
576B Directions for significant offshore petroleum incidents—NOPSEMA power to give directions
Power to give direction
(1) If a significant offshore petroleum incident has occurred in a title area that has caused, or that might cause, an escape of petroleum, NOPSEMA may, in accordance with this section, give a direction by written notice to the registered holder of the title.
Note 1: See also section 576C, which provides for matters related to directions made under this section.
Note 2: Breach of a direction under this section may attract a criminal or civil penalty: see section 576D.
(2) The direction may require the registered holder of the title to do any (or all) of the following within a reasonable period stated in the direction:
(a) to take any action stated in the direction for the purpose of any (or all) of the following:
(i) preventing the escape of petroleum;
(ii) eliminating the escape of petroleum;
(iii) mitigating the effects of the escape of petroleum;
(iv) managing the effects of the escape of petroleum;
(v) remediating the effects of the escape of petroleum;
(b) to take any other action stated in the direction in relation to the escape of petroleum and its effects;
(c) not to take an action stated in the direction in relation to the escape of petroleum and its effects.
(3) The direction may require the registered holder of the title to take an action (or not to take an action) mentioned in any (or all) of paragraphs (2)(a), (b) and (c) in relation to the possible escape of petroleum, or the possible effects of an escape of petroleum.
(4) For the purposes of subsection (2) or (3), the direction may prohibit the doing of an action:
(a) unconditionally; or
(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
Action directed inside or outside of title area
(5) If there is no declared oil pollution emergency that relates to the title, the direction may require the registered holder of the title to take an action (or not to take an action) mentioned in subsection (2) or (3) (or both) anywhere in an offshore area, whether within or outside the title area.
(6) If there is a declared oil pollution emergency that relates to the title:
(a) the direction may require the registered holder of the title to take an action (or not to take an action) mentioned in subsection (2) or (3) (or both) anywhere in an offshore area, whether within or outside the title area; and
(b) the direction may require the registered holder of the title to take an action (or not to take an action) mentioned in subsection (2) or (3) (or both) anywhere on or in land or waters of a State or the Northern Territory, so long as NOPSEMA consulted the designated public official of the State or the Northern Territory, as the case may be, about the requirement before giving the direction; and
(c) the direction may require the registered holder of the title to take an action (or not to take an action) mentioned in subsection (2) or (3) (or both) anywhere on or in land or waters of a designated external Territory, so long as NOPSEMA consulted the designated public official of the designated external Territory about the requirement before giving the direction.
(6A) If the direction requires the registered holder of the title (the first registered holder) to take an action in, or in relation to, the title area of a title held by another registered holder, NOPSEMA must:
(a) give a copy of the direction to the other registered holder; and
(b) do so as soon as practicable after the direction is given to the first registered holder.
(6B) If the direction requires the registered holder of the title to take an action in, or in relation to, the area of:
(a) a State/Territory petroleum exploration title held by another person; or
(b) a State/Territory petroleum production title held by another person; or
(c) a State/Territory petroleum retention title held by another person; or
(d) a State/Territory petroleum infrastructure title held by another person; or
(e) a State/Territory petroleum pipeline title held by another person;
NOPSEMA must:
(f) give a copy of the direction to the other person; and
(g) do so as soon as practicable after the direction is given to the registered holder.
When a declared oil pollution emergency relates to a title
(8) For the purposes of this section, a declared oil pollution emergency relates to a title if it is attributable to one or more petroleum activities of the registered holder of the title.
Definitions
(9) In this section:
area of a State/Territory petroleum pipeline title means the part of the relevant waters of a State or the Northern Territory in which the relevant pipeline is constructed.
declared oil pollution emergency has the same meaning as in Schedule 2A.
land or waters of a State or the Northern Territory means:
(a) land or waters within the limits of the State or the Northern Territory, as the case may be; or
(b) the coastal waters of the State or the Northern Territory, as the case may be.
petroleum activity has the same meaning as in Schedule 2A.
relevant waters of a State or the Northern Territory means:
(a) waters within the limits of the State or the Northern Territory, as the case may be; or
(b) the coastal waters of the State or the Northern Territory, as the case may be.
State/Territory petroleum infrastructure 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 an infrastructure licence confers in relation to the offshore area of the State or the Principal Northern Territory offshore area, as the case requires.
State/Territory petroleum pipeline 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 pipeline licence confers in relation to the offshore area of the State or the Principal Northern Territory offshore area, as the case requires.
576C Directions for significant offshore petroleum incidents—related matters
Relationship with other directions and certain laws
(1) A direction under section 576B has effect, and must be complied with, despite:
(a) any previous direction under section 576B; and
(b) any other direction under this Part (see sections 574 and 574A); and
(c) anything in the regulations; and
(d) the applied provisions.
Note 1: Under section 574, NOPSEMA may give a direction to a petroleum titleholder. Under section 574A, a direction may be given by the responsible Commonwealth Minister.
Note 2: For applied provisions, see subsection 80(2).
Note 3: A direction under section 576B also overrides the obligations of the registered holder of the title under sections 569 (work practices) and 572 (structures, equipment and property): see subsections 569(8) and 572(7).
(2) If a direction under section 574 or 574A is inconsistent with a direction under section 576B, the direction under section 574 or 574A has no effect to the extent of the inconsistency.
(2A) If the oil pollution emergency provisions of an environment plan are inconsistent with a direction under section 576B, the environment plan has no effect to the extent of the inconsistency.
Former registered holders of titles
(3) A person to whom a direction has been given under section 576B remains subject to the direction even if the person stops being the registered holder of the title.
Codes of practice and standards
(4) A direction under section 576B may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, to the extent that the code of practice or standard is relevant to that matter.
(5) To avoid doubt, subsection (4) applies to an instrument, whether issued or made in Australia or outside Australia.
(6) If a direction under section 576B makes provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard, NOPSEMA must ensure that the text of the code of practice or standard applied, adopted or incorporated is published on NOPSEMA’s website.
(7) Subsection (6) does not apply if the publication would infringe copyright.
Directions are not legislative instruments
(8) A direction made under section 576B is not a legislative instrument.
Definitions
(9) In this section:
environment plan means an environment plan under prescribed regulations, or a prescribed provision of regulations, made under this Act.
oil pollution emergency provisions of an environment plan has the same meaning as in Schedule 2A.
576D Directions for significant offshore petroleum incidents—compliance
Basic rule
(1) A person contravenes this subsection if:
(a) the person is subject to a direction under section 576B; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the direction.
Note 1: NOPSEMA may do anything required to be done under a direction in the event of a breach of the direction (see section 577).
Note 2: It is a defence in a proceeding for an offence or civil penalty order under this section if the person subject to the direction proves that the person took all reasonable steps to comply with the direction (see section 578).
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
(3) For the purposes of applying Chapter 2 of the Criminal Code to the offence in subsection (2), the physical elements of the offence are set out in subsection (1).
Note: Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.
Strict liability offence
(4) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
Civil penalty provision
(5) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 2,250 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
(6) The maximum penalty for each day that an offence under subsection (2) or (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsections (2) and (4) are continuing offences under section 4K of the Crimes Act 1914.
(7) The maximum civil penalty for each day that a contravention of subsection (5) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (5) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
576E Concurrent operation of State and Territory laws
This Division is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Division.
576F Constitutional basis of this Division
This Division relies on the Commonwealth’s legislative powers under paragraphs 51(xxix) (external affairs) and (xxxix) (incidental matters) of the Constitution.
576G Additional operation of this Division
(1) In addition to section 576F, this Division also has effect as provided by this section.
Corporations
(2) This Division also has the effect it would have if a reference to a significant offshore petroleum incident were expressly confined to a significant offshore petroleum incident that has occurred in a title area, where the registered holder of the title is a constitutional corporation.
Territories
(3) This Division also has the effect it would have if a reference to a significant offshore petroleum incident were expressly confined to a significant offshore petroleum incident that has caused, or that might cause, an escape of petroleum, where the escaped petroleum migrates, or is likely to migrate, to land or waters within the limits of a Territory.
Division 3—NOPSEMA or the responsible Commonwealth Minister may take action if there is a breach of a direction
577 NOPSEMA may take action if there is a breach of a direction
Action by NOPSEMA
(1) If:
(a) a person is subject to a direction given by the Joint Authority, the Titles Administrator or NOPSEMA under:
(i) Chapter 2; or
(ii) this Chapter (other than Part 6.3, section 587 or Division 2 of Part 6.4); or
(iii) Part 7.1; or
(iv) the regulations; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the direction;
NOPSEMA may do any or all of the things required by the direction to be done.
Note: See sections 582A, 588, 589, 595A and 596A for action that may be taken if a direction is given under Part 6.3, section 587 or Division 2 of Part 6.4.
Recovery of costs and expenses incurred by NOPSEMA
(3) Costs or expenses incurred by NOPSEMA under subsection (1) in relation to a direction are:
(a) a debt due to NOPSEMA by the person subject to the direction; and
(b) recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
Exception—direction that has an extended application
(4) If:
(a) a direction under section 574 applies to:
(i) a registered holder; and
(ii) another person; and
(b) an action under subsection (3) relating to the direction is brought against the other person; and
(c) the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction;
the other person is not liable under subsection (3) unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.
Defence
(5) In an action under subsection (3), it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
577A Responsible Commonwealth Minister may take action if there is a breach of a direction
Action by responsible Commonwealth Minister
(1) If:
(a) a person is subject to a direction given by the responsible Commonwealth Minister under this Part or section 586A; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the direction;
the responsible Commonwealth Minister may do any or all of the things required by the direction to be done.
Recovery of costs and expenses incurred by the responsible Commonwealth Minister
(2) Costs or expenses incurred by the responsible Commonwealth Minister under subsection (1) in relation to a direction are:
(a) a debt due to the Commonwealth by the person subject to the direction; and
(b) recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
Exception—direction that has an extended application
(3) If:
(a) a direction under section 574A applies to:
(i) a registered holder; and
(ii) another person; and
(b) an action under subsection (2) relating to the direction is brought against the other person; and
(c) the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction;
the other person is not liable under subsection (2) unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.
Defence
(4) In an action under subsection (2), it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Division 4—Defence of taking reasonable steps to comply with a direction
578 Defence of taking reasonable steps to comply with a direction
(1) It is a defence in a prosecution for an offence, or in proceedings for a civil penalty order, for a breach of a direction covered by subsection (2) if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Note: The defendant bears a legal burden in relation to a prosecution for an offence: see section 13.4 of the Criminal Code. The same applies in proceedings for a civil penalty.
(2) This subsection covers the following directions:
(a) a direction given by the Joint Authority, the Titles Administrator or NOPSEMA under:
(i) Chapter 2; or
(ii) this Chapter (other than Part 6.3 or Division 2 of Part 6.4); or
(iii) Part 7.1; or
(iv) a regulation; or
(b) a direction given by the responsible Commonwealth Minister under this Part or Division 1 of Part 6.4.
Part 6.3—Directions relating to greenhouse gas
Division 1—Simplified outline
579 Simplified outline of this Part
• NOPSEMA or the responsible Commonwealth Minister may give a direction to a greenhouse gas titleholder. A direction may extend to other persons.
• If there is a breach of a direction given by NOPSEMA or the responsible Commonwealth Minister under Chapter 3, this Chapter or the regulations, NOPSEMA or the responsible Commonwealth Minister may do anything required by the direction to be done, and NOPSEMA’s costs or the responsible Commonwealth Minister’s costs may be recovered from the person to whom the direction was given.
• In a prosecution for an offence relating to a breach of a direction given by NOPSEMA or the responsible Commonwealth Minister under Chapter 3, this Chapter or the regulations, it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Division 2—General power to give directions
579A General power to give directions—NOPSEMA
Definitions
(1) In this section:
greenhouse gas matter means:
(a) exploring for a potential greenhouse gas storage formation; or
(b) exploring for a potential greenhouse gas injection site; or
(c) the injection of a greenhouse gas substance into the seabed or subsoil of an offshore area; or
(d) the storage of a greenhouse gas substance in the seabed or subsoil of an offshore area.
title means:
(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.
Direction to registered holder
(2) NOPSEMA may, by written notice given to the registered holder of a title, give the registered holder a direction as to any matter in relation to which regulations may be made.
Note 1: Section 782 is the main provision setting out matters in relation to which regulations may be made.
Note 2: For enforcement, see section 582.
Extended application of direction
(3) A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to:
(a) a specified class of persons, so long as the class consists of, or is included in, either or both of the following classes:
(i) employees or agents of, or persons acting on behalf of, the registered holder;
(ii) persons performing work or services, whether directly or indirectly, for the registered holder; or
(b) any person (other than the registered holder or a person to whom the direction applies in accordance with paragraph (a)) who is:
(i) in an offshore area for any reason touching, concerning, arising out of, or connected with, a greenhouse gas matter; or
(ii) 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 that kind.
(4) If a direction so expressed is given, the direction is taken to apply to each person included in the specified class mentioned in paragraph (3)(a) or to each person who is in the offshore area as mentioned in paragraph (3)(b), as the case may be.
Note: For notification requirements, see section 581.
Additional matters
(5) A direction under this section has effect, and must be complied with, despite:
(a) any previous direction under this section; and
(b) anything in the regulations or the applied provisions.
Note: For applied provisions, see subsection 80(2).
(6) A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
(7) To avoid doubt, subsection (6) applies to an instrument, whether issued or made in Australia or outside Australia.
(8) A direction under this section may prohibit the doing of an act or thing:
(a) unconditionally; or
(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
(9) If NOPSEMA gives a direction under this section, NOPSEMA must:
(a) give the responsible Commonwealth Minister a copy of the direction; and
(b) do so as soon as practicable after the direction was given.
Directions
(10) If paragraph (3)(b) applies to a direction under this section, the direction is a legislative instrument.
(11) If paragraph (3)(b) does not apply to a direction under this section, the direction is not a legislative instrument.
580 General power to give directions—responsible Commonwealth Minister
Definitions
(1) In this section:
greenhouse gas matter means:
(a) exploring for a potential greenhouse gas storage formation; or
(b) exploring for a potential greenhouse gas injection site; or
(c) the injection of a greenhouse gas substance into the seabed or subsoil of an offshore area; or
(d) the storage of a greenhouse gas substance in the seabed or subsoil of an offshore area.
title means:
(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.
Direction to registered holder
(2) The responsible Commonwealth Minister may, by written notice given to the registered holder of a title, give the registered holder a direction as to any matter in relation to which regulations may be made.
Note 1: Section 782 is the main provision setting out matters in relation to which regulations may be made.
Note 2: For enforcement, see section 582.
Extended application of direction
(3) A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to:
(a) a specified class of persons, so long as the class consists of, or is included in, either or both of the following classes:
(i) employees or agents of, or persons acting on behalf of, the registered holder;
(ii) persons performing work or services, whether directly or indirectly, for the registered holder; or
(b) any person (other than the registered holder or a person to whom the direction applies in accordance with paragraph (a)) who is:
(i) in an offshore area for any reason touching, concerning, arising out of, or connected with, a greenhouse gas matter; or
(ii) 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 that kind.
(4) If a direction so expressed is given, the direction is taken to apply to each person included in the specified class mentioned in paragraph (3)(a) or to each person who is in the offshore area as mentioned in paragraph (3)(b), as the case may be.
Note: For notification requirements, see section 581.
Additional matters
(5) A direction under this section has effect, and must be complied with, despite:
(a) any previous direction under this section; and
(b) anything in the regulations (other than prescribed regulations, or a prescribed provision of regulations, made under this Act) or the applied provisions.
Note: For applied provisions, see subsection 80(2).
(6) A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
(7) To avoid doubt, subsection (6) applies to an instrument, whether issued or made in Australia or outside Australia.
(8) A direction under this section may prohibit the doing of an act or thing:
(a) unconditionally; or
(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
Inconsistency
(8A) If a direction under this section is inconsistent with a direction under section 579A, the direction under this section has no effect to the extent of the inconsistency.
Directions
(9) If paragraph (3)(b) applies to a direction under this section, the direction is a legislative instrument.
(10) If paragraph (3)(b) does not apply to a direction under this section, the direction is not a legislative instrument.
580A Directions may extend outside of title area
(1) A direction under this Division may require the registered holder of the title in relation to which the direction is given to take an action (or not to take an action) anywhere in an offshore area, whether within or outside the title area of the title.
(2) If a direction under section 579A requires the registered holder of a title (the first title) to take an action in, or in relation to, the title area of another title (the related title), NOPSEMA must give a copy of the direction to the registered holder of the related title as soon as practicable after the direction is given to the registered holder of the first title.
(3) If a direction under section 580 requires the registered holder of a title (the first title) to take an action in, or in relation to, the title area of another title (the related title), the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the related title as soon as practicable after the direction is given to the registered holder of the first title.
(4) In this section:
title means any title covered by section 572.
title area of a title has the meaning given by section 572 in relation to the title.
Note: Section 572 sets out the title area for certain petroleum titles and greenhouse gas titles.
581 Notification of a direction that has an extended application
Notification—direction under section 579A
(1A) If a direction under section 579A applies to:
(a) a registered holder; and
(b) a person referred to in paragraph 579A(3)(a);
the registered holder must cause a copy of the notice by which the direction was given to be:
(c) given to that other person; or
(d) displayed at a prominent position at a place in the offshore area frequented by that other person.
(1B) If a direction under section 579A applies to:
(a) a registered holder; and
(b) a person referred to in paragraph 579A(3)(b);
the registered holder must cause a copy of the notice by which the direction was given to be displayed at a prominent position at a place in the offshore area.
(1C) If a direction under section 579A applies to:
(a) a registered holder; and
(b) a person referred to in paragraph 579A(3)(b);
NOPSEMA may, by written notice given to the registered holder, require the registered holder to cause to be displayed:
(c) at such places in the offshore area; and
(d) in such manner;
as are specified in the notice, copies of the notice by which the direction was given.
Notification—direction under section 580
(1) If a direction under section 580 applies to:
(a) a registered holder; and
(b) a person referred to in paragraph 580(3)(a);
the registered holder must cause a copy of the notice by which the direction was given to be:
(c) given to that other person; or
(d) displayed at a prominent position at a place in the offshore area frequented by that other person.
(2) If a direction under section 580 applies to:
(a) a registered holder; and
(b) a person referred to in paragraph 580(3)(b);
the registered holder must cause a copy of the notice by which the direction was given to be displayed at a prominent position at a place in the offshore area.
(3) If a direction under section 580 applies to:
(a) a registered holder; and
(b) a person referred to in paragraph 580(3)(b);
the responsible Commonwealth Minister may, by written notice given to the registered holder, require the registered holder to cause to be displayed:
(c) at such places in the offshore area; and
(d) in such manner;
as are specified in the notice, copies of the notice by which the direction was given.
Offence
(4) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1A), (1B), (1C), (1), (2) or (3); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 50 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
582 Compliance with directions
Offence
(1) A person commits an offence if:
(a) the person is subject to a direction under section 579A or 580; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the direction.
Penalty: 100 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Defence
(3) If:
(a) a direction under section 579A or 580 applies to:
(i) a registered holder; and
(ii) another person; and
(b) the other person is prosecuted for an offence against subsection (1) in relation to a breach of the direction; and
(c) the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction;
the other person is not to be convicted of the offence unless the prosecution proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.
Division 3—NOPSEMA or the responsible Commonwealth Minister may take action if there is a breach of a direction
582A NOPSEMA may take action if there is a breach of a direction
Action by NOPSEMA
(1) If:
(a) a person is subject to a direction given by NOPSEMA under:
(i) this Chapter (other than Part 6.2, Division 1 of Part 6.4 or section 594A); or
(ii) the regulations; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the direction;
NOPSEMA may do any or all of the things required by the direction to be done.
Note: See sections 577, 588, 589, 595A and 596A for action that may be taken if a direction is given under Part 6.2, Division 1 of Part 6.4 or section 594A.
Recovery of costs and expenses incurred by NOPSEMA
(2) Costs or expenses incurred by NOPSEMA under subsection (1) in relation to a direction are:
(a) a debt due to NOPSEMA by the person subject to the direction; and
(b) recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
Exception—direction that has an extended application
(3) If:
(a) a direction under section 579A applies to:
(i) a registered holder; and
(ii) another person; and
(b) an action under subsection (2) relating to the direction is brought against the other person; and
(c) the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction;
the other person is not liable under subsection (2) unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.
Defence
(4) In an action under subsection (2), it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
583 Responsible Commonwealth Minister may take action if there is a breach of a direction
Action by responsible Commonwealth Minister
(1) If:
(a) a person is subject to a direction given by the responsible Commonwealth Minister under:
(i) Chapter 3; or
(ii) this Chapter (other than Part 6.2, Division 1 of Part 6.4 or section 593 or 595 ); or
(iv) the regulations; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the direction;
the responsible Commonwealth Minister may do any or all of the things required by the direction to be done.
Note: See sections 577A, 590A, 596 and 597 for action that may be taken if a direction is given under Part 6.2, Division 1 of Part 6.4 or section 593 or 595.
Recovery of costs and expenses incurred by the responsible Commonwealth Minister
(2) Costs or expenses incurred by the responsible Commonwealth Minister under subsection (1) in relation to a direction are:
(a) a debt due to the Commonwealth by the person subject to the direction; and
(b) recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
Exception—direction that has an extended application
(3) If:
(a) a direction under section 580 applies to:
(i) a registered holder; and
(ii) another person; and
(b) an action under subsection (2) relating to the direction is brought against the other person; and
(c) the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction;
the other person is not liable under subsection (2) unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.
Defence
(4) In an action under subsection (2), it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Division 4—Defence of taking reasonable steps to comply with a direction
584 Defence of taking reasonable steps to comply with a direction
In a prosecution for an offence in relation to a breach of a direction given by the responsible Commonwealth Minister, NOPSEMA or the Titles Administrator under:
(a) Chapter 3; or
(b) this Chapter (other than Part 6.2 or Division 1 of Part 6.4); or
(c) Part 8.1; or
(d) the regulations;
it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Note: The defendant bears a legal burden in relation to the matter in this section—see section 13.4 of the Criminal Code.
Part 6.4—Restoration of the environment
Division 1—Petroleum
585 Simplified outline
The following is a simplified outline of this Division:
• NOPSEMA may give remedial directions to petroleum titleholders, former petroleum titleholders or certain other persons about the following matters:
(a) the removal of property;
(b) the plugging or closing off of wells;
(c) the conservation and protection of natural resources;
(d) the making good of damage to the seabed or subsoil.
• The responsible Commonwealth Minister may give remedial directions to petroleum titleholders, former petroleum titleholders or certain other persons about the following matters:
(a) the plugging or closing off of wells;
(b) the conservation and protection of natural resources;
(c) the making good of damage to the seabed or subsoil.
• If there is a breach of a remedial direction, NOPSEMA or the responsible Commonwealth Minister may do anything required by the direction to be done.
• If property has not been removed in accordance with a remedial direction, NOPSEMA may direct the owner to remove or dispose of the property.
585A Remedial directions for petroleum—power to issue directions under different provisions
The power to give a direction under a provision of this Division to a person in relation to a matter does not limit the power of NOPSEMA or the responsible Commonwealth Minister to give a direction to the person in relation to the same (or a different) matter under:
(a) another provision of this Division; or
(b) a provision of Part 6.2 (which deals with petroleum directions).
586 Remedial directions in relation to permits, leases and licences that are in force—NOPSEMA
Scope
(1) This section applies to:
(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.
Direction
(2) NOPSEMA may, by written notice given to a person referred to in subsection (2A), direct the person to do any or all of the following things within the period specified in the notice:
(a) to:
(i) remove, or cause to be removed, from the title area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or
(ii) make arrangements that are satisfactory to NOPSEMA in relation to that property;
(b) to plug or close off, to the satisfaction of NOPSEMA, all wells made in the title area by any person engaged or concerned in those operations;
(c) to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the title area;
(d) to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations.
Note 1: For title area, see subsection (6).
Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
Note 3: A direction under this section has no effect to the extent of any inconsistency with a direction under section 586A: see subsection 586A(9).
Note 4: Breach of a direction may attract a criminal or civil penalty: see section 587B.
(2A) The persons are:
(a) the registered holder of the permit, lease or licence; or
(b) a related body corporate of the registered holder of the permit, lease or licence; or
(c) any former registered holder of the permit, lease or licence; or
(d) a person who was a related body corporate of any former registered holder of the permit, lease or licence at the time the permit, lease or licence was in force; or
(e) a person to whom a determination under subsection (2B) applies.
(2B) The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the permit, lease or licence;
(b) whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the permit, lease or licence in relation to the operations authorised by the permit, lease or licence.
(2C) A determination under subsection (2B) is not a legislative instrument.
(2D) If a direction is given under subsection (2) to a person referred to in paragraph (2A)(b), (c), (d) or (e), NOPSEMA must give a copy of the direction to the registered holder of the permit, lease or licence as soon as practicable after the direction is given.
(2E) The period specified in the notice must be reasonable.
(2F) Before giving the direction NOPSEMA may consult the Titles Administrator.
(3) In attaining a state of satisfaction for the purposes of paragraph (2)(b), NOPSEMA:
(a) in the case of a declared petroleum exploration permit, declared petroleum retention lease or declared petroleum production licence—must have regard; or
(b) otherwise—may have regard;
to the principle that plugging or closing off wells should be carried out in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
(4) Paragraph (2)(c) has effect subject to:
(a) Chapter 2; and
(b) this Chapter; and
(c) the regulations.
Title area
(6) For the purposes of this section, the table has effect:
Title area |
Item | In the case of ... | the title area is ... |
1 | a petroleum exploration permit | the permit area. |
2 | a petroleum retention lease | the lease area. |
3 | a petroleum production licence | the licence area. |
4 | an infrastructure licence | the licence area. |
5 | a pipeline licence | the part of the offshore area in which the pipeline is constructed. |
586A Remedial directions in relation to permits, leases and licences that are in force—responsible Commonwealth Minister
Scope
(1) This section applies to:
(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.
Direction
(2) The responsible Commonwealth Minister may, by written notice given to a person referred to in subsection (2A), direct the person to do any or all of the following things within the period specified in the notice:
(a) to plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the title area by any person engaged or concerned in the operations authorised by the permit, lease or licence;
(b) to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the title area;
(c) to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations;
so long as the direction is given for a purpose that relates to:
(d) resource management; or
(e) resource security.
Note 1: For title area, see subsection (7).
Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
Note 3: Breach of a direction may attract a criminal or civil penalty: see section 587B.
(2A) The persons are:
(a) the registered holder of the permit, lease or licence; or
(b) a related body corporate of the registered holder of the permit, lease or licence; or
(c) any former registered holder of the permit, lease or licence; or
(d) a person who was a related body corporate of any former registered holder of the permit, lease or licence at the time the permit, lease or licence was in force; or
(e) a person to whom a determination under subsection (2B) applies.
(2B) The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the permit, lease or licence;
(b) whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the permit, lease or licence in relation to the operations authorised by the permit, lease or licence.
(2C) A determination under subsection (2B) is not a legislative instrument.
(2D) If a direction is given under subsection (2) to a person referred to in paragraph (2A)(b), (c), (d) or (e), the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease or licence as soon as practicable after the direction is given.
(2E) The period specified in the notice must be reasonable.
(2F) Before giving the direction the responsible Commonwealth Minister may consult the Titles Administrator.
(3) In attaining a state of satisfaction for the purposes of paragraph (2)(a), the responsible Commonwealth Minister:
(a) in the case of a declared petroleum exploration permit, declared petroleum retention lease or declared petroleum production licence—must have regard; or
(b) otherwise—may have regard;
to the principle that plugging or closing off wells should be carried out in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
(4) Paragraph (2)(b) has effect subject to:
(a) Chapter 2; and
(b) this Chapter; and
(c) the regulations.
Title area
(7) For the purposes of this section, the table has effect:
Title area |
Item | In the case of ... | the title area is ... |
1 | a petroleum exploration permit | the permit area. |
2 | a petroleum retention lease | the lease area. |
3 | a petroleum production licence | the licence area. |
4 | an infrastructure licence | the licence area. |
5 | a pipeline licence | the part of the offshore area in which the pipeline is constructed. |
Inconsistency
(9) If a direction under section 586 is inconsistent with a direction under this section, the direction under section 586 has no effect to the extent of the inconsistency.
587 Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force—NOPSEMA
Scope
(1) This section applies if any of the following permits, leases, licences or authorities (each of which is a title) cease to be in force, in whole or in part:
(a) a petroleum exploration permit;
(b) a petroleum retention lease;
(c) a petroleum production licence;
(d) an infrastructure licence;
(e) a pipeline licence;
(f) a petroleum special prospecting authority;
(g) a petroleum access authority.
Direction
(2) NOPSEMA may, by written notice given to a person referred to in subsection (2A), direct the person to do one or more of the following things within the period specified in the notice:
(a) to remove, or cause to be removed, from the vacated area all property (the relevant property) brought into that area by any person engaged or concerned in the operations authorised by the title;
(b) to make arrangements that are satisfactory to NOPSEMA in relation to the relevant property;
(c) to plug or close off, to the satisfaction of NOPSEMA, all wells made in the vacated area by any person engaged or concerned in the operations authorised by the title;
(d) to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the vacated area;
(e) to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in the operations authorised by the title.
Note 1: A direction under this section has no effect to the extent of any inconsistency with a direction under section 587A: see subsection 587A(8).
Note 2: Breach of a direction may attract a criminal or civil penalty: see section 587B.
(2A) The persons are:
(a) if the title ceased to be in force in part:
(i) the registered holder of the title; or
(ii) a related body corporate of the registered holder of the title; or
(b) if the title ceased to be in force in whole or in part:
(i) any former registered holder of the title; or
(ii) a person who was a related body corporate of any former registered holder of the title at the time the title was in force; or
(iii) a person to whom a determination under subsection (2B) applies.
(2B) The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the title;
(b) whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the title in relation to the operations authorised by the title.
(2C) A determination under subsection (2B) is not a legislative instrument.
(2D) If:
(a) a direction is given under subsection (2) to a person referred to in subparagraph (2A)(a)(ii) or (b)(i), (ii) or (iii); and
(b) the direction requires the person to take an action in, or in relation to, the title area (within the meaning of section 572) of a title that is in force;
NOPSEMA must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given.
(3) The period specified in the notice must be reasonable.
(4) In attaining a state of satisfaction for the purposes of paragraph (2)(c), NOPSEMA:
(a) in the case of a declared petroleum exploration permit, declared petroleum retention lease or declared petroleum production licence—must have regard; or
(b) otherwise—may have regard;
to the principle that plugging or closing off wells should be carried out in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
(5) Paragraph (2)(d) has effect subject to:
(a) Chapter 2; and
(b) this Chapter; and
(c) the regulations.
587A Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force—responsible Commonwealth Minister
Scope
(1) This section applies if any of the following permits, leases, licences or authorities (each of which is a title) cease to be in force, in whole or in part:
(a) a petroleum exploration permit;
(b) a petroleum retention lease;
(c) a petroleum production licence;
(d) an infrastructure licence;
(e) a pipeline licence;
(f) a petroleum special prospecting authority;
(g) a petroleum access authority.
Direction
(2) The responsible Commonwealth Minister may, by written notice given to a person referred to in subsection (2A), direct the person to do one or more of the following things within the period specified in the notice:
(a) to plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the vacated area by any person engaged or concerned in the operations authorised by the title;
(b) to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the vacated area;
(c) to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in the operations authorised by the title;
so long as the direction is given for the purposes of:
(d) resource management; or
(e) resource security.
Note: Breach of a direction may attract a criminal or civil penalty: see section 587B.
(2A) The persons are:
(a) if the title ceased to be in force in part:
(i) the registered holder of the title; or
(ii) a related body corporate of the registered holder of the title; or
(b) if the title ceased to be in force in whole or in part:
(i) any former registered holder of the title; or
(ii) a person who was a related body corporate of any former registered holder of the title at the time the title was in force; or
(iii) a person to whom a determination under subsection (2B) applies.
(2B) The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the title;
(b) whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the title in relation to the operations authorised by the title.
(2C) A determination under subsection (2B) is not a legislative instrument.
(2D) If:
(a) a direction is given under subsection (2) to a person referred to in subparagraph (2A)(a)(ii) or (b)(i), (ii) or (iii); and
(b) the direction requires the person to take an action in, or in relation to, the title area (within the meaning of section 572) of a title that is in force;
the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given.
(3) The period specified in the notice must be reasonable.
(4) In attaining a state of satisfaction for the purposes of paragraph (2)(a), the responsible Commonwealth Minister:
(a) in the case of a declared petroleum exploration permit, declared petroleum retention lease or declared petroleum production licence—must have regard; or
(b) otherwise—may have regard;
to the principle that plugging or closing off wells should be carried out in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
(5) Paragraph (2)(b) has effect subject to:
(a) Chapter 2; and
(b) this Chapter; and
(c) the regulations.
Inconsistency
(8) If a direction under section 587 is inconsistent with a direction under this section, the direction under section 587 has no effect to the extent of the inconsistency.
587B Remedial directions—compliance
Basic rule
(1) A person contravenes this subsection if:
(a) the person is subject to a remedial direction; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the direction.
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
(3) For the purposes of applying Chapter 2 of the Criminal Code to the offence in subsection (2), the physical elements of the offence are set out in subsection (1).
Note: Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.
Strict liability offence
(4) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
Civil penalty provision
(5) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 525 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
(5A) The maximum penalty for each day that an offence under subsection (2) or (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsections (2) and (4) are continuing offences under section 4K of the Crimes Act 1914.
(5B) The maximum civil penalty for each day that a contravention of subsection (5) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (5) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Remedial directions
(6) In this section:
remedial direction means a direction under any of the following provisions:
(a) section 586 (directions in relation to current titles—NOPSEMA direction);
(b) section 586A (directions in relation to current titles—responsible Commonwealth Minister direction);
(c) section 587 (directions in relation to titles that have ceased to be in force in whole or part—NOPSEMA direction);
(d) section 587A (directions in relation to titles that have ceased to be in force in whole or part—responsible Commonwealth Minister direction).
Note 1: NOPSEMA may do anything required to be done under a direction under section 587 in the event of a breach of the direction (see section 588).
Note 2: The responsible Commonwealth Minister may do anything required to be done under a direction under section 587A in the event of a breach of the direction (see section 590A).
588 NOPSEMA may take action if a direction has been breached
Scope
(1) This section applies if a direction is given under section 587.
NOPSEMA may take action
(2) If:
(a) a direction under section 587 has been breached in relation to the vacated area; or
(b) an arrangement under section 587 has not been carried out in relation to the vacated area;
NOPSEMA may do any or all of the things required by the direction or arrangement to be done.
Direction to remove property
(3) If any property brought into the vacated area by any person engaged or concerned in the operations authorised by the permit, lease, licence or authority has not been removed in accordance with:
(a) a direction under section 587 in relation to the vacated area; or
(b) an arrangement under section 587 in relation to the vacated area;
NOPSEMA may, by written notice published in the Gazette, direct the owner or owners of that property to:
(c) remove the property from the vacated area; or
(d) dispose of the property to the satisfaction of NOPSEMA;
within the period specified in the notice.
Note: For sanctions, see section 589.
(4) The period specified in the notice must be reasonable.
(5) If a direction is given under subsection (3) in relation to property, NOPSEMA must give a copy of the notice to each person whom NOPSEMA believes to be an owner of the property or of any part of the property.
589 Removal, disposal or sale of property by NOPSEMA—breach of direction
Power to remove, dispose of or sell property
(1) If a direction under subsection 588(3) has been breached in relation to property, NOPSEMA may do any or all of the following things:
(a) remove, in such manner as NOPSEMA thinks fit, any or all of that property from the vacated area concerned;
(b) dispose of, in such manner as NOPSEMA thinks fit, any or all of that property;
(c) if, under subsection 588(5), a person was given a copy of the notice of the direction—sell, by public auction or otherwise, as NOPSEMA thinks fit, any or all of that property that belongs, or that NOPSEMA believes to belong, to that person.
Deduction of costs and expenses etc. from proceeds of sale
(2) NOPSEMA may deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of:
(a) any costs and expenses incurred by NOPSEMA under that subsection in relation to that property; and
(b) any costs and expenses incurred by NOPSEMA in relation to the doing of any thing required by a direction under section 587 to be done by that person; and
(c) any fees or amounts payable by that person to NOPSEMA under this Act, so long as the fee or amount concerned is due and payable.
(2A) NOPSEMA may, on behalf of the Commonwealth, deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of:
(a) any fees or amounts payable to the Commonwealth by that person under this Act, so long as the fee or amount concerned is due and payable; and
(b) any amounts payable by that person under the Royalty Act, so long as the amount concerned is due and payable; and
(c) any amounts payable by that person under any of the following provisions of the Regulatory Levies Act:
(i) section 5;
(ii) section 7;
(iii) section 9;
(iv) section 10A;
(v) section 10C;
(vi) section 10E;
(vii) section 10F;
so long as the amount concerned is due and payable.
(2B) If NOPSEMA, under subsection (2A), deducts an amount payable to the Commonwealth, NOPSEMA must remit that amount to the Commonwealth.
Balance of proceeds of sale to be paid to owner of property
(3) The proceeds of a sale of property under subsection (1), less any deductions under subsection (2) or (2A), are to be paid to the owner of the property.
Recovery of costs and expenses—removal, disposal or sale of property
(4) If NOPSEMA incurs any costs or expenses under subsection (1) in relation to the removal, disposal or sale of property, the costs or expenses:
(a) are a debt due by the owner of the property to NOPSEMA; and
(b) to the extent to which they are not recovered under subsection (2)—are recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
Recovery of costs and expenses—breach of direction
(5) If NOPSEMA incurs costs or expenses in relation to the doing of anything required by a direction under section 587 to be done by a person who is or was subject to the direction, the costs or expenses:
(a) are a debt due by the person to NOPSEMA; and
(b) to the extent to which they are not recovered under subsection (2)—are recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
590 Removal, disposal or sale of property—limitation of action etc.
Limitation of action etc.
(1) Except as provided by subsection 589(4) or section 780, no action, suit or proceeding lies in relation to the removal, disposal or sale, or the purported removal, disposal or sale, of property under section 589.
(2) Section 768 does not apply to an act or matter to the extent to which subsection (1) of this section applies to the act or matter.
Judicial review
(3) This section does not affect:
(a) any rights conferred on a person by the Administrative Decisions (Judicial Review) Act 1977 to apply to a court in relation to:
(i) a decision; or
(ii) conduct engaged in for the purpose of making a decision; or
(iii) a failure to make a decision; or
(b) any other rights that a person has to seek a review by a court or tribunal in relation to:
(i) a decision; or
(ii) conduct engaged in for the purpose of making a decision; or
(iii) a failure to make a decision.
(4) An expression used in subsection (3) has the same meaning as in section 10 of the Administrative Decisions (Judicial Review) Act 1977.
590A Responsible Commonwealth Minister may take action if a direction has been breached
Scope
(1) This section applies if a direction is given under section 587A.
Responsible Commonwealth Minister may take action
(2) If:
(a) a direction under section 587A has been breached in relation to the vacated area; or
(b) an arrangement under section 587A has not been carried out in relation to the vacated area;
the responsible Commonwealth Minister may do any or all of the things required by the direction or arrangement to be done.
Recovery of costs and expenses
(3) Costs or expenses incurred by the responsible Commonwealth Minister under subsection (2) are:
(a) a debt due to the Commonwealth by the person who breached the direction or did not carry out the arrangement; and
(b) recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
Division 2—Greenhouse gas
591 Simplified outline
The following is a simplified outline of this Division:
• NOPSEMA or the responsible Commonwealth Minister may give remedial directions to greenhouse gas titleholders, former greenhouse gas titleholders or certain other persons about the following matters:
(a) the removal of property;
(b) the plugging or closing off of wells;
(c) the conservation and protection of natural resources;
(d) the making good of damage to the seabed or subsoil.
• The responsible Commonwealth Minister may give site closing directions to greenhouse gas injection licensees.
• If there is a breach of a direction, NOPSEMA or the responsible Commonwealth Minister may do anything required by the direction to be done.
• If property has not been removed in accordance with a direction, NOPSEMA or the responsible Commonwealth Minister may direct the owner to remove or dispose of the property.
591A Remedial directions for greenhouse gas—power to issue directions under different provisions
The power to give a direction under a provision of this Division to a person in relation to a matter does not limit the power of NOPSEMA or the responsible Commonwealth Minister to give a direction to the person in relation to the same (or a different) matter under:
(a) another provision of this Division; or
(b) a provision of Part 6.3 (which deals with greenhouse gas directions); or
(c) a provision of Chapter 3.
591B Remedial directions in relation to permits, leases and licences that are in force—NOPSEMA
Scope
(1) This section applies to:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence, if no operations for the injection of a greenhouse gas substance into an identified greenhouse gas storage formation have been carried on under the licence.
Direction
(2) NOPSEMA may, by written notice given to a person referred to in subsection (2A), direct the person to do any or all of the following things within the period specified in the notice:
(a) to:
(i) remove, or cause to be removed, from the title area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or
(ii) make arrangements that are satisfactory to NOPSEMA in relation to that property;
(b) to plug or close off, to the satisfaction of NOPSEMA, all wells made in the title area by any person engaged or concerned in those operations;
(c) to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the title area;
(d) to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations.
Note 1: For title area, see subsection (7).
Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(2A) The persons are:
(a) the registered holder of the permit, lease or licence; or
(b) a related body corporate of the registered holder of the permit, lease or licence; or
(c) any former registered holder of the permit, lease or licence; or
(d) a person who was a related body corporate of any former registered holder of the permit, lease or licence at the time the permit, lease or licence was in force; or
(e) a person to whom a determination under subsection (2B) applies.
(2B) The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the permit, lease or licence;
(b) whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the permit, lease or licence in relation to the operations authorised by the permit, lease or licence.
(2C) A determination under subsection (2B) is not a legislative instrument.
(2D) If a direction is given under subsection (2) to a person referred to in paragraph (2A)(b), (c), (d) or (e), NOPSEMA must give a copy of the direction to the registered holder of the permit, lease or licence as soon as practicable after the direction is given.
(2E) The period specified in the notice must be reasonable.
(2F) Before giving the direction NOPSEMA may consult the Titles Administrator.
(3) Paragraph (2)(c) has effect subject to:
(a) Chapter 3; and
(b) this Chapter; and
(c) the regulations.
(4) In attaining a state of satisfaction for the purposes of paragraph (2)(b), NOPSEMA must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum‑bearing qualities of geological formations.
Offence
(5) A person commits an offence if:
(a) the person is subject to a direction under subsection (2); and
(b) the person omits to do an act; and
(c) the omission breaches the direction.
Penalty: 100 penalty units.
(6) An offence against subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Title area
(7) For the purposes of this section, the table has effect:
Title area |
Item | In the case of ... | the title area is ... |
1 | a greenhouse gas assessment permit | the permit area. |
2 | a greenhouse gas holding lease | the lease area. |
3 | a greenhouse gas injection licence | the licence area. |
592 Remedial directions in relation to permits, leases and licences that are in force—responsible Commonwealth Minister
Scope
(1) This section applies to:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence, if no operations for the injection of a greenhouse gas substance into an identified greenhouse gas storage formation have been carried on under the licence.
Direction
(2) The responsible Commonwealth Minister may, by written notice given to a person referred to in subsection (2A), direct the person to do any or all of the following things within the period specified in the notice:
(a) to:
(i) remove, or cause to be removed, from the title area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or
(ii) make arrangements that are satisfactory to the responsible Commonwealth Minister in relation to that property;
(b) to plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the title area by any person engaged or concerned in those operations;
(c) to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the title area;
(d) to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations;
so long as the direction is given for a purpose that relates to:
(e) resource management; or
(f) resource security; or
(g) decommissioning.
Note 1: For title area, see subsection (6).
Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(2A) The persons are:
(a) the registered holder of the permit, lease or licence; or
(b) a related body corporate of the registered holder of the permit, lease or licence; or
(c) any former registered holder of the permit, lease or licence; or
(d) a person who was a related body corporate of any former registered holder of the permit, lease or licence at the time the permit, lease or licence was in force; or
(e) a person to whom a determination under subsection (2B) applies.
(2B) The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the permit, lease or licence;
(b) whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the permit, lease or licence in relation to the operations authorised by the permit, lease or licence.
(2C) A determination under subsection (2B) is not a legislative instrument.
(2D) If a direction is given under subsection (2) to a person referred to in paragraph (2A)(b), (c), (d) or (e), the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease or licence as soon as practicable after the direction is given.
(2E) The period specified in the notice must be reasonable.
(2F) Before giving the direction, the responsible Commonwealth Minister may consult the Titles Administrator.
(3) Paragraph (2)(c) has effect subject to:
(a) Chapter 3; and
(b) this Chapter; and
(c) the regulations.
(4) In attaining a state of satisfaction for the purposes of paragraph (2)(b), the responsible Commonwealth Minister must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum‑bearing qualities of geological formations.
Offence
(5) A person commits an offence if:
(a) the person is subject to a direction under subsection (2); and
(b) the person omits to do an act; and
(c) the omission breaches the direction.
Penalty: 100 penalty units.
(5A) An offence against subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Title area
(6) For the purposes of this section, the table has effect:
Title area |
Item | In the case of ... | the title area is ... |
1 | a greenhouse gas assessment permit | the permit area. |
2 | a greenhouse gas holding lease | the lease area. |
3 | a greenhouse gas injection licence | the licence area. |
Inconsistency
(8) If a direction under this section is inconsistent with a direction under section 591B, the direction under this section has no effect to the extent of the inconsistency.
593 Site closing directions to current holders of greenhouse gas injection licences
Scope
(1) This section applies if:
(a) an identified greenhouse gas storage formation is specified in a greenhouse gas injection licence; and
(b) operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation have been carried on under the licence; and
(c) the responsible Commonwealth Minister is satisfied that operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation have ceased; and
(d) any of the following conditions is satisfied:
(i) an application has been made for a site closing certificate in relation to the identified greenhouse gas storage formation;
(ii) the licensee has breached the requirement imposed by subsection 386(4) to make an application for a site closing certificate in relation to the identified greenhouse gas storage formation;
(iii) the licensee has breached a direction under subsection 386(9) to make an application for a site closing certificate in relation to the identified greenhouse gas storage formation.
Direction to registered holder
(2) The responsible Commonwealth Minister may, by written notice given to the registered holder of the licence, direct the holder to do any or all of the following things within the period specified in the notice:
(a) to:
(i) remove, or cause to be removed, from the licence area all property brought into that area by any person engaged or concerned in the operations authorised by the licence; or
(ii) make arrangements that are satisfactory to the responsible Commonwealth Minister in relation to that property;
(b) to plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the licence area, whether or not those wells were made by a person engaged or concerned in those operations;
(c) to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the licence area;
(d) to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the licence area (whether or not caused by any person engaged or concerned in those operations);
(e) to carry out such operations as are specified in the notice for the monitoring of the behaviour of a greenhouse gas substance stored in the identified greenhouse gas storage formation concerned;
(f) to undertake such activities as are specified in the notice for the purpose of:
(i) eliminating; or
(ii) mitigating; or
(iii) managing; or
(iv) remediating;
the risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will have a significant adverse impact on:
(v) navigation; or
(vi) fishing; or
(vii) any activities being lawfully carried on, or that could be lawfully carried on, by way of the construction or operation of a pipeline; or
(viii) the enjoyment of native title rights (within the meaning of the Native Title Act 1993); or
(ix) the conservation or exploitation of natural resources (whether in an offshore area or elsewhere); or
(x) the geotechnical integrity of the whole or a part of a geological formation or geological structure; or
(xi) the environment; or
(xii) human health or safety;
(g) to undertake such activities as are specified in the notice for the purpose of:
(i) ensuring; or
(ii) increasing the likelihood;
that a greenhouse gas substance injected into the identified greenhouse gas storage formation will behave as predicted in Part A of the approved site plan for the identified greenhouse gas storage formation.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(3) The period specified in the notice must be reasonable.
(4) Paragraph (2)(c) has effect subject to:
(a) Chapter 3; and
(b) this Chapter; and
(c) the regulations.
(5) Paragraphs (2)(a), (b), (c), (d) and (e) do not limit paragraph (2)(f) or (g).
(6) In attaining a state of satisfaction for the purposes of paragraph (2)(b), the responsible Commonwealth Minister must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum‑bearing qualities of geological formations.
(7) A paragraph (2)(f) or (g) direction may require the registered holder of the licence to do something:
(a) in the licence area; or
(b) in an offshore area but outside the licence area.
Offence
(8) A person commits an offence if:
(a) the person is subject to a direction under subsection (2); and
(b) the person omits to do an act; and
(c) the omission breaches the direction.
Penalty: 100 penalty units.
(8A) An offence against subsection (8) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Section does not limit other powers
(9) To avoid doubt, the powers conferred on the responsible Commonwealth Minister by this section do not limit the powers conferred on the responsible Commonwealth Minister by any other provision of this Act.
594 Consultation—directions
Scope
(1) This section applies if:
(a) the responsible Commonwealth Minister proposes to give a direction under section 593 to a greenhouse gas injection licensee; and
(b) the direction requires the licensee to do something in an area (the action area); and
(c) the action area is, to any extent, the subject of:
(i) a greenhouse gas assessment permit; or
(ii) a greenhouse gas holding lease; or
(iii) a greenhouse gas injection licence; or
(iv) a greenhouse gas search authority; or
(v) a petroleum exploration permit; or
(vi) a petroleum retention lease; or
(vii) a petroleum production licence; or
(viii) a petroleum special prospecting authority; or
(ix) a State/Territory petroleum exploration title; or
(x) a State/Territory petroleum retention title; or
(xi) a State/Territory petroleum production title; and
(d) if subparagraph (c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) applies—the licensee mentioned in paragraph (a) is not the registered holder of the permit, lease, licence or authority mentioned in that subparagraph; and
(e) if subparagraph (c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) applies—the registered holder of the permit, lease, licence or authority mentioned in that subparagraph has not given written consent to the giving of the direction; and
(f) if subparagraph (c)(ix), (x) or (xi) applies—the licensee mentioned in paragraph (a) is not the holder of the title mentioned in that subparagraph; and
(g) if subparagraph (c)(ix), (x) or (xi) applies—the holder of the title mentioned in that subparagraph has not given written consent to the giving of the direction.
Consultation
(2) Before giving the direction, the responsible Commonwealth Minister must:
(a) by written notice given to the registered holder of the permit, lease, licence or authority mentioned in subparagraph (1)(c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) or the holder of the title mentioned in subparagraph (1)(c)(ix), (x) or (xi), as the case requires, give at least 30 days notice of the responsible Commonwealth Minister’s intention to give the direction; and
(b) give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
(3) The notice must:
(a) set out details of the direction that is proposed to be given; and
(b) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and
(c) specify a time limit for making that submission.
(4) In deciding whether to give the direction, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
Emergencies
(5) However, if the responsible Commonwealth Minister is satisfied that the direction is required to deal with an emergency:
(a) subsections (2), (3) and (4) do not apply to the direction; and
(b) as soon as practicable after the direction is given, the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease, licence or authority mentioned in subparagraph (1)(c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) or the holder of the title mentioned in subparagraph (1)(c)(ix), (x) or (xi), as the case requires.
594A Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force—NOPSEMA
Scope
(1) This section applies if any of the following permits, leases, licences or authorities (each of which is a title) cease to be in force, in whole or in part:
(a) a greenhouse gas assessment permit;
(b) a greenhouse gas holding lease;
(c) a greenhouse gas injection licence;
(d) a greenhouse gas search authority;
(e) a greenhouse gas special authority.
Direction
(2) NOPSEMA may, by written notice given to a person referred to in subsection (2A), direct the person to do one or more of the following things within the period specified in the notice:
(a) to remove, or cause to be removed, from the vacated area all property (the relevant property) brought into that area by any person engaged or concerned in the operations authorised by title;
(b) to make arrangements that are satisfactory to NOPSEMA in relation to the relevant property;
(c) to plug or close off, to the satisfaction of NOPSEMA, all wells made in the vacated area by any person engaged or concerned in the operations authorised by title;
(d) to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the vacated area;
(e) to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in the operations authorised by the title.
(2A) The persons are:
(a) if the title ceased to be in force in part:
(i) the registered holder of the title; or
(ii) a related body corporate of the registered holder of the title; or
(b) if the title ceased to be in force in whole or in part:
(i) any former registered holder of the title; or
(ii) a person who was a related body corporate of any former registered holder of the title at the time the title was in force; or
(iii) a person to whom a determination under subsection (2B) applies.
(2B) The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the title;
(b) whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the title in relation to the operations authorised by the title.
(2C) A determination under subsection (2B) is not a legislative instrument.
(2D) If:
(a) a direction is given under subsection (2) to a person referred to in subparagraph (2A)(a)(ii) or (b)(i), (ii) or (iii); and
(b) the direction requires the person to take an action in, or in relation to, the title area (within the meaning of section 572) of a title that is in force;
NOPSEMA must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given.
(3) The period specified in the notice must be reasonable.
(4) Paragraph (2)(d) has effect subject to:
(a) Chapter 3; and
(b) this Chapter; and
(c) the regulations.
(5) In attaining a state of satisfaction for the purposes of paragraph (2)(c), NOPSEMA must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum‑bearing qualities of geological formations.
Offence
(6) A person commits an offence if:
(a) the person is subject to a direction under subsection (2); and
(b) the person omits to do an act; and
(c) the omission breaches the direction.
Penalty: 100 penalty units.
(7) An offence against subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
595 Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force—responsible Commonwealth Minister
Scope
(1) This section applies if any of the following permits, leases, licences or authorities (each of which is a title) cease to be in force, in whole or in part:
(a) a greenhouse gas assessment permit;
(b) a greenhouse gas holding lease;
(c) a greenhouse gas injection licence;
(d) a greenhouse gas search authority;
(e) a greenhouse gas special authority.
Direction
(2) The responsible Commonwealth Minister may, by written notice given to a person referred to in subsection (2A), direct the person to do one or more of the following things within the period specified in the notice:
(a) to remove, or cause to be removed, from the vacated area all property (the relevant property) brought into that area by any person engaged or concerned in the operations authorised by the title;
(b) to make arrangements that are satisfactory to the responsible Commonwealth Minister in relation to the relevant property;
(c) to plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the vacated area by any person engaged or concerned in the operations authorised by the title;
(d) to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the vacated area;
(e) to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in the operations authorised by the title;
so long as the direction is given for a purpose that relates to:
(f) resource management; or
(g) resource security; or
(h) decommissioning.
(2A) The persons are:
(a) if the title ceased to be in force in part:
(i) the registered holder of the title; or
(ii) a related body corporate of the registered holder of the title; or
(b) if the title ceased to be in force in whole or in part:
(i) any former registered holder of the title; or
(ii) a person who was a related body corporate of any former registered holder of the title at the time the title was in force; or
(iii) a person to whom a determination under subsection (2B) applies.
(2B) The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the title;
(b) whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;
(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the title in relation to the operations authorised by the title.
(2C) A determination under subsection (2B) is not a legislative instrument.
(2D) If:
(a) a direction is given under subsection (2) to a person referred to in subparagraph (2A)(a)(ii), (b)(i), (b)(ii) or (b)(iii); and
(b) the direction requires the person to take an action in, or in relation to, the title area (within the meaning of section 572) of a title that is in force;
the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given.
(3) The period specified in the notice must be reasonable.
(4) Paragraph (2)(d) has effect subject to:
(a) Chapter 3; and
(b) this Chapter; and
(c) the regulations.
(5) In attaining a state of satisfaction for the purposes of paragraph (2)(c), the responsible Commonwealth Minister must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum‑bearing qualities of geological formations.
Offence
(6) A person commits an offence if:
(a) the person is subject to a direction under subsection (2); and
(b) the person omits to do an act; and
(c) the omission breaches the direction.
Penalty: 100 penalty units.
(7) An offence against subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Inconsistency
(8) If a direction under this section is inconsistent with a direction under section 594A, the direction under this section has no effect to the extent of the inconsistency.
595A NOPSEMA may take action if a direction has been breached
Scope
(1) This section applies if a direction is given under section 594A.
NOPSEMA may take action
(2) If:
(a) a direction under section 594A has been breached in relation to the vacated area; or
(b) an arrangement under section 594A has not been carried out in relation to the vacated area;
NOPSEMA may do any or all of the things required by the direction or arrangement to be done.
(3) If:
(a) a direction is given under section 594A; and
(b) any property brought into the vacated area by any person engaged or concerned in the operations authorised by the permit, lease, licence or authority has not been removed in accordance with:
(i) a direction under section 594A in relation to the vacated area; or
(ii) an arrangement under section 594A in relation to the vacated area;
NOPSEMA may, by notifiable instrument, direct the owner or owners of that property to:
(c) remove the property from the vacated area; or
(d) dispose of the property to the satisfaction of NOPSEMA;
within the period specified in the instrument.
Note: For sanctions, see section 596A.
(4) The period specified in the instrument must be reasonable.
(5) If a direction is given under subsection (3) in relation to property, NOPSEMA must give a copy of the instrument to each person whom NOPSEMA believes to be an owner of the property or of any part of the property.
596 Responsible Commonwealth Minister may take action if a direction has been breached
Scope
(1) This section applies if a direction is given under section 593 or 595.
Responsible Commonwealth Minister may take action
(2) If:
(a) a direction under section 593 has been breached; or
(b) an arrangement under section 593 has not been carried out in relation to the licence area; or
(c) a direction under section 595 has been breached in relation to the vacated area; or
(d) an arrangement under section 595 has not been carried out in relation to the vacated area;
the responsible Commonwealth Minister may do any or all of the things required by the direction or arrangement to be done.
Direction to remove property
(3) If:
(a) a direction is given under section 593; and
(b) any property brought into the licence area by any person engaged or concerned in the operations authorised by the licence has not been removed in accordance with:
(i) the direction; or
(ii) an arrangement under section 593 in relation to the licence area;
the responsible Commonwealth Minister may, by written notice published in the Gazette, direct the owner or owners of that property to:
(c) remove the property from the licence area; or
(d) dispose of the property to the satisfaction of the responsible Commonwealth Minister;
within the period specified in the notice.
Note: For sanctions, see section 597.
(4) If:
(a) a direction is given under section 595; and
(b) any property brought into the vacated area by any person engaged or concerned in the operations authorised by the permit, lease, licence or authority has not been removed in accordance with:
(i) a direction under section 595 in relation to the vacated area; or
(ii) an arrangement under section 595 in relation to the vacated area;
the responsible Commonwealth Minister may, by written notice published in the Gazette, direct the owner or owners of that property to:
(c) remove the property from the vacated area; or
(d) dispose of the property to the satisfaction of the responsible Commonwealth Minister;
within the period specified in the notice.
Note: For sanctions, see section 597.
(5) The period specified in the notice must be reasonable.
(6) If a direction is given under subsection (3) or (4) in relation to property, the responsible Commonwealth Minister must give a copy of the notice to each person whom the responsible Commonwealth Minister believes to be an owner of the property or of any part of the property.
596A Removal, disposal or sale of property by NOPSEMA—breach of direction
Power to remove, dispose of or sell property
(1) If a direction under subsection 595A(3) has been breached in relation to property, NOPSEMA may do any or all of the following things:
(a) remove, in such manner as NOPSEMA thinks fit, any or all of that property from the vacated area concerned;
(b) dispose of, in such manner as NOPSEMA thinks fit, any or all of that property;
(c) if, under subsection 595A(5), a person was given a copy of the notice of the direction—sell, by public auction or otherwise, as NOPSEMA thinks fit, any or all of that property that belongs, or that NOPSEMA believes to belong, to that person.
Deduction of costs and expenses etc. from proceeds of sale
(2) NOPSEMA may deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of:
(a) any costs and expenses incurred by NOPSEMA under that subsection in relation to that property; and
(b) any costs and expenses incurred by NOPSEMA in relation to the doing of any thing required by a direction under section 594A to be done by that person; and
(c) any fees or amounts payable by that person to NOPSEMA under this Act, so long as the fee or amount is due and payable.
(3) NOPSEMA may, on behalf of the Commonwealth, deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of:
(a) any fees or amounts payable by that person to the Commonwealth under this Act, so long as the fee or amount concerned is due and payable; and
(b) any amounts payable by that person under any of the following provisions of the Regulatory Levies Act:
(i) section 5;
(ii) section 7;
(iii) section 9;
(iv) section 10A;
(v) section 10C;
(vi) section 10E;
(vii) section 10F;
so long as the amount concerned is due and payable.
(4) If NOPSEMA deducts an amount under subsection (3), NOPSEMA must remit that amount to the Commonwealth.
Balance of proceeds of sale to be paid to owner of property
(5) The proceeds of a sale of property under subsection (1), less any deductions under subsection (2) or (3), are to be paid to the owner of the property.
Recovery of costs and expenses—removal, disposal or sale of property
(6) If NOPSEMA incurs any costs or expenses under subsection (1) in relation to the removal, disposal or sale of property, the costs or expenses:
(a) are a debt due by the owner of the property to NOPSEMA; and
(b) to the extent to which they are not recovered under subsection (2)—are recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
Recovery of costs and expenses—breach of direction
(7) If NOPSEMA incurs costs or expenses in relation to the doing of anything required by a direction under section 594A to be done by a person who is or was subject to the direction, the costs or expenses:
(a) are a debt due by the person to NOPSEMA; and
(b) to the extent to which they are not recovered under subsection (2)—are recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
597 Removal, disposal or sale of property by responsible Commonwealth Minister—breach of direction
Power to remove, dispose of or sell property
(1) If a direction under subsection 596(3) or (4) has been breached in relation to property, the responsible Commonwealth Minister may do any or all of the following things:
(a) in the case of a direction under subsection 596(3)—remove, in such manner as the responsible Commonwealth Minister thinks fit, any or all of that property from the licence area concerned;
(b) in the case of a direction under subsection 596(4)—remove, in such manner as the responsible Commonwealth Minister thinks fit, any or all of that property from the vacated area concerned;
(c) dispose of, in such manner as the responsible Commonwealth Minister thinks fit, any or all of that property;
(d) if, under subsection 596(6), a person was given a copy of the notice of the direction—sell, by public auction or otherwise, as the responsible Commonwealth Minister thinks fit, any or all of that property that belongs, or that the responsible Commonwealth Minister believes to belong, to that person.
Deduction of costs and expenses etc. from proceeds of sale
(2) The responsible Commonwealth Minister may deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that the responsible Commonwealth Minister believes to belong) to a particular person, the whole or a part of:
(a) any costs and expenses incurred by the responsible Commonwealth Minister under that subsection in relation to that property; and
(b) any costs and expenses incurred by the responsible Commonwealth Minister in relation to the doing of any thing required by a direction under section 593 or 595 to be done by that person; and
(c) any fees or amounts payable by that person under this Act, so long as the fee or amount concerned is due and payable; and
(d) any amounts payable by that person under any of the following provisions of the Regulatory Levies Act:
(i) section 5;
(ii) section 7;
(iii) section 9;
(iv) section 10A;
(v) section 10C;
(vi) section 10E;
(vii) section 10F;
so long as the amount concerned is due and payable.
Balance of proceeds of sale to be paid to owner of property
(3) The proceeds of a sale of property under subsection (1), less any deductions under subsection (2), are to be paid to the owner of the property.
Recovery of costs and expenses—removal, disposal or sale of property
(4) If the responsible Commonwealth Minister incurs any costs or expenses under subsection (1) in relation to the removal, disposal or sale of property, the costs or expenses:
(a) are a debt due by the owner of the property to the Commonwealth; and
(b) to the extent to which they are not recovered under subsection (2)—are recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
Recovery of costs and expenses—breach of direction
(5) If the responsible Commonwealth Minister incurs costs or expenses in relation to the doing of anything required by a direction under section 593 or 595 to be done by a person who is or was subject to the direction, the costs or expenses:
(a) are a debt due by the person to the Commonwealth; and
(b) to the extent to which they are not recovered under subsection (2)—are recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
598 Removal, disposal or sale of property—limitation of action etc.
Limitation of action etc.
(1) Except as provided by subsection 597(4) or section 780, no action, suit or proceeding lies in relation to the removal, disposal or sale, or the purported removal, disposal or sale, of property under section 597.
(1A) Except as provided by subsection 596A(6) or section 780, no action, suit or proceeding lies in relation to the removal, disposal or sale, or the purported removal, disposal or sale, of property under section 596A.
(2) Section 768 does not apply to an act or matter to the extent to which subsection (1) or (1A) of this section applies to the act or matter.
Judicial review
(3) This section does not affect:
(a) any rights conferred on a person by the Administrative Decisions (Judicial Review) Act 1977 to apply to a court in relation to:
(i) a decision; or
(ii) conduct engaged in for the purpose of making a decision; or
(iii) a failure to make a decision; or
(b) any other rights that a person has to seek a review by a court or tribunal in relation to:
(i) a decision; or
(ii) conduct engaged in for the purpose of making a decision; or
(iii) a failure to make a decision.
(4) An expression used in subsection (3) has the same meaning as in section 10 of the Administrative Decisions (Judicial Review) Act 1977.
Division 3—Obligations etc. if remedial direction is in force
598A Obligations etc. if remedial direction is in force
(1) This section applies if:
(a) a direction (a petroleum remedial direction) is in force under section 586, 586A, 587 or 587A; or
(b) a direction (a greenhouse gas remedial direction) is in force under section 591B, 592, 594A or 595.
(2) The following provisions apply as if a reference to a registered holder of a title, or to a titleholder, included a reference to a person who is subject to a petroleum remedial direction:
(a) section 569;
(b) section 571;
(c) Part 6.1A;
(d) Part 6.2;
(e) Part 6.5;
(f) Schedule 2A;
(g) Schedule 2B;
(h) clause 13A of Schedule 3;
(i) Part 4 of Schedule 3.
Note: In addition, if a petroleum remedial direction is in force in relation to a pipeline, that pipeline is a facility (within the meaning of Schedule 3 to this Act) even if the pipeline is no longer subject to a pipeline licence (see paragraph 4(8)(d) of Schedule 3).
(3) The following provisions apply as if a reference to a petroleum activity included a reference to an activity carried out for the purpose of complying with a petroleum remedial direction:
(a) section 571, other than subsection 571(1);
(b) section 572C;
(c) Schedule 2A.
(4) The following provisions apply as if a reference to a registered holder of a title, or to a titleholder, included a reference to a person who is subject to a greenhouse gas remedial direction:
(a) section 570;
(b) section 571A;
(c) Part 6.3;
(d) Part 6.5;
(e) Schedule 2A;
(f) Schedule 2B;
(g) clause 13B of Schedule 3;
(h) Part 4 of Schedule 3.
(5) The following table has effect:
