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Act No. 117 of 2003 as amended, taking into account amendments up to Act No. 119 of 2010
An Act to impose safety investigation levy and safety case levy, in relation to offshore petroleum and greenhouse gas facilities
Administered by: Resources, Energy and Tourism
Registered 23 Nov 2010
Start Date 01 Jan 2010
End Date 16 Jun 2011

Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Act 2003

Act No. 117 of 2003 as amended

This compilation was prepared on 22 November 2010
taking into account amendments up to Act No. 119 of 2010

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Contents

Part 1—Introduction                                                                                                              1

1............ Short title [see Note 1]....................................................................... 1

2............ Commencement.................................................................................. 1

3............ Definitions.......................................................................................... 2

4............ Extension to external Territories......................................................... 3

Part 2—Safety investigation levy                                                                                  4

5............ Imposition of safety investigation levy—Commonwealth waters..... 4

6............ Imposition of safety investigation levy—designated coastal waters. 5

Part 3—Safety case levy                                                                                                     8

7............ Imposition of safety case levy—Commonwealth waters.................. 8

8............ Imposition of safety case levy—designated coastal waters............... 9

Part 5—Regulations                                                                                                            13

11.......... Regulations....................................................................................... 13

Notes                                                                                                                                            15


An Act to impose safety investigation levy and safety case levy, in relation to offshore petroleum and greenhouse gas facilities

Part 1Introduction

  

1  Short title [see Note 1]

                   This Act may be cited as the Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Act 2003.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

4 December 2003

2.  Sections 3 to 11

1 January 2005.

1 January 2005

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

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

3  Definitions

                   In this Act, unless the contrary intention appears:

applicable State or Territory safety law means:

                     (a)  in relation to the designated coastal waters of a State—the State safety law of that State; or

                     (b)  in relation to the designated coastal waters of the Northern Territory—the Territory safety law.

Commonwealth waters has the same meaning as in Part 6.9 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

designated coastal waters, in relation to a State or the Northern Territory, has the same meaning as in Part 6.9 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

OHS inspector has the same meaning as in Part 6.9 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Safety Authority means the National Offshore Petroleum Safety Authority continued in existence by Part 6.9 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

safety case levy means levy imposed by section 7 or 8.

safety investigation levy means levy imposed by section 5 or 6.

State PSLA has the same meaning as in Part 6.9 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

State safety law means the provisions of a State PSLA that substantially correspond to Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Territory PSLA has the same meaning as in Part 6.9 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Territory safety law means the provisions of the Territory PSLA that substantially correspond to Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

year means a 12‑month period beginning on 1 January.

4  Extension to external Territories

                   This Act extends to each external Territory to which the Offshore Petroleum and Greenhouse Gas Storage Act 2006 extends.

Note:          See section 34 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.


 

Part 2Safety investigation levy

  

5  Imposition of safety investigation levy—Commonwealth waters

             (1)  If:

                     (a)  a notifiable accident or occurrence happens in relation to a facility located in Commonwealth waters; and

                     (b)  an OHS inspector begins to conduct an inspection in relation to the notifiable accident or occurrence; and

                     (c)  the condition or conditions specified in the regulations are satisfied;

levy is imposed on the notifiable accident or occurrence.

             (2)  Levy imposed by subsection (1) is to be known as safety investigation levy.

             (3)  Safety investigation levy imposed by subsection (1) is payable by the operator of the facility.

             (4)  Safety investigation levy is not payable under subsection (1) unless regulations are in force for the purposes of paragraph (1)(c).

Note:          For collection of safety investigation levy, see section 686 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Amount of safety investigation levy

             (5)  The amount of safety investigation levy imposed by subsection (1) in respect of a notifiable accident or occurrence is the amount that is specified in, or worked out in accordance with, the regulations.

             (6)  The regulations may specify different amounts of safety investigation levy, or different means of working out amounts of safety investigation levy, in relation to different kinds of notifiable accident or occurrence.

             (7)  Subsection (6) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

Definitions

             (8)  In this section:

accident has the same meaning as in Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

dangerous occurrence has the same meaning as in Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

facility has the same meaning as in Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

inspection has the same meaning as in Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

notifiable accident or occurrence, in relation to a facility, means an accident or dangerous occurrence:

                     (a)  at or near the facility; and

                     (b)  that is required to be notified to the Safety Authority by the operator under clause 82 of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

operator, in relation to a facility, has the same meaning as in Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

6  Imposition of safety investigation levy—designated coastal waters

             (1)  If:

                     (a)  a notifiable accident or occurrence happens in relation to a facility located in the designated coastal waters of a State or of the Northern Territory; and

                     (b)  an OHS inspector begins to conduct an inspection in relation to the notifiable accident or occurrence; and

                     (c)  the condition or conditions specified in the regulations are satisfied;

levy is imposed on the notifiable accident or occurrence.

             (2)  Levy imposed by subsection (1) is to be known as safety investigation levy.

             (3)  Safety investigation levy imposed by subsection (1) is payable by the operator of the facility.

             (4)  Safety investigation levy is not payable under subsection (1) unless regulations are in force for the purposes of paragraph (1)(c).

Note:          For collection of safety investigation levy, see section 686 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Amount of safety investigation levy

             (5)  The amount of safety investigation levy imposed by subsection (1) in respect of a notifiable accident or occurrence is the amount that is specified in, or worked out in accordance with, the regulations.

             (6)  The regulations may specify different amounts of safety investigation levy, or different means of working out amounts of safety investigation levy, in relation to different kinds of notifiable accident or occurrence.

             (7)  Subsection (6) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

Definitions

             (8)  For the purposes of the application of this section in relation to the designated coastal waters of a State or of the Northern Territory:

accident has the same meaning as in the applicable State or Territory safety law.

dangerous occurrence has the same meaning as in the applicable State or Territory safety law.

facility has the same meaning as in the applicable State or Territory safety law.

inspection has the same meaning as in the applicable State or Territory safety law.

notifiable accident or occurrence, in relation to a facility, means an accident or dangerous occurrence:

                     (a)  at or near the facility; and

                     (b)  that is required to be notified to the Safety Authority by the operator under the provision of the applicable State or Territory safety law that substantially corresponds to clause 82 of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

operator, in relation to a facility, has the same meaning as in the applicable State or Territory safety law.


 

Part 3Safety case levy

  

7  Imposition of safety case levy—Commonwealth waters

             (1)  If:

                     (a)  either:

                              (i)  at the start of a year, a safety case is in force in relation to a facility; or

                             (ii)  a safety case is in force in relation to a facility during a part of a year, but is not in force at the start of that year; and

                     (b)  the facility is located, or proposed to be located, in Commonwealth waters;

levy is imposed on the safety case in respect of:

                     (c)  if subparagraph (a)(i) applies—that year; or

                     (d)  if subparagraph (a)(ii) applies—that part of that year.

             (2)  Levy imposed by subsection (1) is to be known as safety case levy.

             (3)  Safety case levy imposed by subsection (1) is payable by:

                     (a)  if the facility is a pipeline subject to a pipeline licence—the licensee of the pipeline licence; or

                     (b)  otherwise—the operator of the facility.

Note:          For collection of safety case levy, see section 687 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Amount of safety case levy

             (4)  The amount of safety case levy imposed by subsection (1) in respect of a year is the amount that is specified in, or worked out in accordance with, the regulations.

             (5)  The amount of safety case levy imposed by subsection (1) in respect of a part of a year is the amount that is worked out in accordance with the regulations.

             (6)  The regulations may specify different amounts of safety case levy, or different means of working out amounts of safety case levy, in relation to different kinds of facilities.

             (7)  Subsection (6) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

Definitions

             (8)  In this section:

facility has the same meaning as in Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and includes a proposed facility.

operator, in relation to a facility, has the same meaning as in Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

pipeline has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and includes a pipeline that is:

                     (a)  proposed to be constructed or operated; or

                     (b)  being constructed.

pipeline licence has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

proposed facility has the same meaning as in Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

safety case in force in relation to a facility has the same meaning as in the Offshore Petroleum (Safety) Regulations 2009.

             (9)  If the regulations referred to in the definition of safety case in force in relation to a facility in subsection (8) are renamed, that definition is amended by omitting the old name and substituting the new name.

8  Imposition of safety case levy—designated coastal waters

             (1)  If:

                     (a)  either:

                              (i)  at the start of a year, a safety case is in force in relation to a facility; or

                             (ii)  a safety case is in force in relation to a facility during a part of a year, but is not in force at the start of that year; and

                     (b)  the facility is located, or proposed to be located, in the designated coastal waters of a State or of the Northern Territory;

levy is imposed on the safety case in respect of:

                     (c)  if subparagraph (a)(i) applies—that year; or

                     (d)  if subparagraph (a)(ii) applies—that part of that year.

             (2)  Levy imposed by subsection (1) is to be known as safety case levy.

             (3)  Safety case levy imposed by subsection (1) is payable by:

                     (a)  if the facility is a pipeline subject to a pipeline licence—the licensee of the pipeline licence; or

                     (b)  otherwise—the operator of the facility.

Note:          For collection of safety case levy, see section 687 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Amount of safety case levy

             (4)  The amount of safety case levy imposed by subsection (1) in respect of a year is the amount that is specified in, or worked out in accordance with, the regulations.

             (5)  The amount of safety case levy imposed by subsection (1) in respect of a part of a year is the amount that is worked out in accordance with the regulations.

             (6)  The regulations may specify different amounts of safety case levy, or different means of working out amounts of safety case levy, in relation to different kinds of facilities.

             (7)  Subsection (6) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

Transitional

          (7A)  If, at a particular time during the period:

                     (a)  beginning at the start of 1 January 2010; and

                     (b)  ending at the end of 31 December 2012;

a pipeline safety management plan is in force in relation to a pipeline that is a facility, this section has effect as if, at that time, a safety case was in force in relation to the facility.

          (7B)  For the purposes of the application of this section in relation to a facility located, or proposed to be located, in the designated coastal waters of a State or the Northern Territory, if, at a particular time during the period:

                     (a)  beginning at the start of 1 January 2010; and

                     (b)  ending at the end of 31 December 2012;

a safety case is in force in relation to the facility (within the meaning of regulations of that State or Territory that substantially correspond to the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996, as those last‑mentioned regulations were in force immediately before the end of 31 December 2009), this section has effect as if, at that time, a safety case was in force in relation to the facility.

Definitions

             (8)  For the purposes of the application of this section in relation to the designated coastal waters of a State or of the Northern Territory:

facility has the same meaning as in the applicable State or Territory safety law, and includes a proposed facility.

operator, in relation to a facility, has the same meaning as in the applicable State or Territory safety law.

pipeline has the same meaning as in the applicable State or Territory safety law, and includes a pipeline that is:

                     (a)  proposed to be constructed or operated; or

                     (b)  being constructed.

pipeline licence has the same meaning as in the applicable State or Territory safety law.

pipeline safety management plan in force in relation to a pipeline has the same meaning as in regulations of that State or Territory that substantially correspond to the Petroleum (Submerged Lands) (Pipelines) Regulations 2001, as those last‑mentioned regulations were in force immediately before the end of 31 December 2009.

proposed facility has the same meaning as in the applicable State or Territory safety law.

safety case in force in relation to a facility has the same meaning as in regulations of that State or Territory that substantially correspond to the Offshore Petroleum (Safety) Regulations 2009.

             (9)  If the regulations referred to in the definition of safety case in force in relation to a facility in subsection (8) are renamed, that definition is amended by omitting the old name and substituting the new name.


 

Part 5Regulations

  

11  Regulations

                   The Governor‑General may make regulations for the purposes of sections 5, 6, 7 and 8.


Notes to the Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Act 2003

Note 1

The Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Act 2003 as shown in this compilation comprises Act No. 117, 2003 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Offshore Petroleum (Safety Levies) Act 2003

117, 2003

4 Dec 2003

Ss. 3–11: 1 Jan 2005
Remainder: Royal Assent

 

Offshore Petroleum (Safety Levies) Amendment Act 2006

19, 2006

29 Mar 2006

Schedule 1: 1 July 2008 (see s. 2(1) and F2008L02273)
Remainder: Royal Assent

Sch. 1 (items
33–36)

Offshore Petroleum (Safety Levies) Amendment (Greenhouse Gas Storage) Act 2008

120, 2008

21 Nov 2008

Schedule 1: (a)
Schedule 2: (a)
Remainder: Royal Assent

Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Amendment Act 2009

103, 2009

8 Oct 2009

Schedule 1 (items 1–12): 1 Jan 2010
Schedule 1 (item 13): 9 Oct 2009
Remainder: Royal Assent

Sch. 1 (items 7, 12, 13)

Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Amendment Act 2010

119, 2010

16 Nov 2010

Schedule 1: 1 Jan 2010
Remainder: Royal Assent

Sch. 1 (items 5, 6)


(a)     Subsection 2(1) (items 2 and 3) of the Offshore Petroleum (Safety Levies) Amendment (Greenhouse Gas Storage) Act 2008 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

2.  Schedule 1

Immediately after the commencement of Schedule 1 to the Offshore Petroleum (Safety Levies) Amendment Act 2006.

1 July 2008

3.  Schedule 2

Immediately after the commencement of item 1 of Schedule 4 to the Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008.

22 November 2008


Table of Amendments

ad. = added or inserted    am. = amended    rep. = repealed    rs. = repealed and substituted

Provision affected

How affected

Title......................................

am. No. 120, 2008; No. 103, 2009

Part 1

 

S. 1......................................

am. No. 120, 2008

S. 3......................................

am. No. 19, 2006; No. 120, 2008; No. 103, 2009

S. 4......................................

am. No. 19, 2006; No. 120, 2008

Note to s. 4..........................

am. No. 19, 2006; No. 120, 2008

Part 2

 

S. 5......................................

am. No. 19, 2006; No. 120, 2008

Note to s. 5(4).....................

am. No. 19, 2006; No. 120, 2008

S. 6......................................

am. No. 19, 2006; No. 120, 2008

Note to s. 6(4).....................

am. No. 19, 2006; No. 120, 2008

Part 3

 

S. 7......................................

am. No. 19, 2006; No. 120, 2008; No. 103, 2009; No. 119, 2010

Note to s. 7(3).....................

am. No. 19, 2006; No. 120, 2008

 

rs. No. 103, 2009

S. 8......................................

am. No. 19, 2006; No. 103, 2009; No. 119, 2010

Note to s. 8(3).....................

am. No. 19, 2006; No. 120, 2008

 

rs. No. 103, 2009

Part 4...................................

rep. No. 103, 2009

S. 9......................................

am. No. 19, 2006; No. 120, 2008

 

rep. No. 103, 2009

Note to s. 9(3).....................

am. No. 19, 2006; No. 120, 2008

 

rep. No. 103, 2009

S. 10....................................

am. No. 19, 2006

 

rep. No. 103, 2009

Note to s. 10(3)...................

am. No. 19, 2006; No. 120, 2008

 

rep. No. 103, 2009

Part 5

 

S. 11....................................

am. No. 103, 2009


Table A

Application, saving or transitional provisions

Offshore Petroleum (Safety Levies) Amendment Act 2006 (No. 19, 2006)

Schedule 1

33  Application—safety investigation levy

The following amendments made by this Schedule:

                     (a)  the amendments of sections 5 and 6 of the Offshore Petroleum (Safety Levies) Act 2003;

                     (b)  the amendments of sections 3 and 4 of that Act, to the extent to which they relate to section 5 or 6 of that Act;

apply in relation to a notifiable accident or occurrence that happens after the commencement of this item.

34  Application—safety case levy

(1)        The following amendments made by this Schedule:

                     (a)  the amendments of sections 7 and 8 of the Offshore Petroleum (Safety Levies) Act 2003;

                     (b)  the amendments of sections 3 and 4 of that Act, to the extent to which they relate to section 7 or 8 of that Act;

apply in relation to a safety case in force at the start of a year if that year starts after the commencement of this item.

(2)        The following amendments made by this Schedule:

                     (a)  the amendments of sections 7 and 8 of the Offshore Petroleum (Safety Levies) Act 2003;

                     (b)  the amendments of sections 3 and 4 of that Act, to the extent to which they relate to section 7 or 8 of that Act;

apply in relation to a safety case in force during a part of a year (but not in force at the start of that year) if that part of that year starts after the commencement of this item.

35  Application—pipeline safety management plan levy

(1)        The following amendments made by this Schedule:

                     (a)  the amendments of sections 9 and 10 of the Offshore Petroleum (Safety Levies) Act 2003;

                     (b)  the amendments of sections 3 and 4 of that Act, to the extent to which they relate to section 9 or 10 of that Act;

apply in relation to a pipeline safety management plan in force at the start of a year if that year starts after the commencement of this item.

(2)        The following amendments made by this Schedule:

                     (a)  the amendments of sections 9 and 10 of the Offshore Petroleum (Safety Levies) Act 2003;

                     (b)  the amendments of sections 3 and 4 of that Act, to the extent to which they relate to section 9 or 10 of that Act;

apply in relation to a pipeline safety management plan in force during a part of a year (but not in force at the start of that year) if that part of that year starts after the commencement of this item.

36  Transitional—regulations

To avoid doubt, the amendments made by this Schedule do not affect the continuity of regulations made for the purposes of section 5, 6, 7, 8, 9 or 10 of the Offshore Petroleum (Safety Levies) Act 2003 before the commencement of this item.

 

Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Amendment Act 2009 (No. 103, 2009)

Schedule 1

7  Application of amendments

The amendments made by this Part apply in relation to a safety case to the extent to which the safety case is in force at or after the commencement of this item.

12  Application of amendments

The amendments made by this Part apply in relation to a pipeline safety management plan to the extent to which the plan is in force at or after the commencement of this item.

13  Transitional—references to the Offshore Petroleum and Greenhouse Gas Storage Act 2006

(1)        During the period:

                     (a)  beginning at the start of 1 July 2008; and

                     (b)  ending at the end of 21 November 2008;

the Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Act 2003 is taken to have had effect as if each reference in that Act to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 were a reference to the Offshore Petroleum Act 2006.

(2)        Subitem (1) is enacted for the avoidance of doubt.

 

Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Amendment Act 2010 (No. 119, 2010)

Schedule 1

5  Application of amendment—subsection 7(8) of the Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Act 2003

(1)        The amendment made by item 1 applies in relation to a safety case in force at the start of a year if that year starts on or after 1 January 2010.

(2)        The amendment made by item 1 applies in relation to a safety case in force during a part of a year (but not in force at the start of that year) if that part of the year starts on or after 1 January 2010.

6  Application of amendment—subsection 8(8) of the Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Act 2003

(1)        The amendment made by item 4 applies in relation to a safety case in force at the start of a year if that year starts on or after 1 January 2010.

(2)        The amendment made by item 4 applies in relation to a safety case in force during a part of a year (but not in force at the start of that year) if that part of the year starts on or after 1 January 2010.