A Bill for an Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Offshore Petroleum and Greenhouse Gas Storage Amendment (Regulations References) Act 2018.
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 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | The provisions do not commence at all unless the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2018 receives the Royal Assent. If that Act receives the Royal Assent, the provisions commence: (a) on a single day to be fixed by Proclamation; or (b) if no earlier day is fixed under paragraph (a), immediately after the later of the following: (i) the start of the day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent; (ii) the commencement of Schedule 15 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2018. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Offshore Petroleum and Greenhouse Gas Storage Act 2006
1 Paragraph 316(2)(b)
Omit “the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009, Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
2 Paragraph 351(2)(b)
Omit “the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009, Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
3 Paragraph 376(3)(b)
Omit “the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009, Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
4 Subsection 571(3) (note)
Repeal the note.
5 Subsection 571(5) (definition of environment plan)
Repeal the definition, substitute:
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.
6 Subsection 571(5) (definition of petroleum activity)
Repeal the definition, substitute:
petroleum activity has the meaning given by prescribed regulations, or a prescribed provision of regulations, made under this Act.
7 Subsection 572C(3) (definition of environment plan)
Repeal the definition, substitute:
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.
8 Subsection 572C(3) (definition of petroleum activity)
Repeal the definition, substitute:
petroleum activity has the meaning given by prescribed regulations, or a prescribed provision of regulations, made under this Act.
9 Paragraph 574A(6)(b)
Omit “the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009, Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
10 Paragraph 580(5)(b)
Omit “the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009, Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
11 Subsection 601(1) (cell at table item 15, column headed “Provisions”)
Repeal the cell, substitute:
| Prescribed regulations, or a prescribed provision of regulations, made under this Act |
12 Subsection 601(1) (cell at table item 16, column headed “Provisions”)
Repeal the cell, substitute:
| Prescribed regulations, or a prescribed provision of regulations, made under this Act |
13 Subsection 601(1) (cell at table item 16A, column headed “Provisions”)
Repeal the cell, substitute:
| Prescribed regulations, or a prescribed provision of regulations, made under this Act |
14 Subsection 601(1) (cell at table item 17, column headed “Provisions”)
Repeal the cell, substitute:
| Prescribed regulations, or a prescribed provision of regulations, made under this Act |
15 Subsection 601(1) (cell at table item 18, column headed “Provisions”)
Repeal the cell, substitute:
| Prescribed regulations made under this Act (apart from any prescribed provisions of those regulations) or a prescribed provision of regulations made under this Act |
16 Subsection 602K(8) (subparagraph (c)(ii) of the definition of titleholder’s obligations)
Repeal the subparagraph, substitute:
(ii) prescribed regulations, or a prescribed provision of regulations, made under this Act; or
17 Paragraphs 638(1)(d), (e) and (h)
Repeal the paragraphs, substitute:
(d) prescribed regulations, or a prescribed provision of regulations, made under this Act;
(e) a prescribed provision of regulations made under this Act, to the extent to which that provision relates to occupational health and safety matters.
18 Subsection 638(2)
Repeal the subsection.
19 Paragraphs 646A(1)(e), (f) and (g)
Repeal the paragraphs, substitute:
(e) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of any of the following:
(i) the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 as those regulations were in force on 1 January 2012 or at any later time;
(ii) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
(iii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time; and
(f) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of any of the following:
(i) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 as those regulations were in force on 1 January 2012 or at any later time;
(ii) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
(iii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time; and
(g) if the function mentioned in paragraph 646(gi) is conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be—there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of any of the following:
(i) the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 as those regulations were in force on 1 January 2012 or at any later time;
(ii) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
(iii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time.
20 Paragraphs 646A(5)(f), (g) and (h)
Repeal the paragraphs, substitute:
(f) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the greenhouse gas storage provisions of the following:
(i) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
(ii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time; and
(g) if the function mentioned in paragraph 646(gj) is conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be—there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the greenhouse gas storage provisions of the following:
(i) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
(ii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time.
21 Clause 2 of Schedule 2B (paragraph (a) of the definition of well integrity law)
Repeal the paragraph, substitute:
(a) prescribed regulations, or a prescribed provision of regulations, made under this Act; or
22 Clause 2 of Schedule 2B (paragraph (c) of the definition of well integrity law)
Repeal the paragraph, substitute:
(c) a requirement made under prescribed regulations, or a prescribed provision of regulations, made under this Act; and
23 Clause 3 of Schedule 3 (subparagraph (c)(iii) of the definition of regulated business premises)
Omit “the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009, or both”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
24 Clause 3 of Schedule 3 (subparagraph (d)(ii) of the definition of regulated business premises)
Omit “the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009, or both”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
25 Clause 3 of Schedule 3 (subparagraph (e)(ii) of the definition of regulated business premises)
Omit “the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009, or both”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
26 Clause 3 of Schedule 3 (paragraph (b) of the definition of titleholder’s well‑related obligations)
Repeal the paragraph, substitute:
(b) prescribed regulations, or a prescribed provision of regulations, made under this Act; or
27 Saving provisions
(1) Despite the amendments of section 601 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of the operation of Part 6.5 of that Act in relation to the listed NOPSEMA laws covered by items 15 to 18 of the table in subsection 601(1) of that Act as so in force.
(2) Despite the amendment of section 602K of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a titleholder’s compliance with Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 before that commencement.
(3) Despite the amendments of section 638 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of the operation of Schedule 3 to that Act in relation to the listed OHS laws covered by paragraphs 638(1)(d) and (e) of that Act as so in force.
(4) Despite the amendments of clause 2 of Schedule 2B to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule, that clause, as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of the operation of that Schedule in relation to the well integrity laws covered by paragraphs (a) and (c) of the definition of well integrity law in that clause as so in force.
(5) Despite the amendments of clause 3 of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule, that clause, as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of the operation of that Schedule in relation to premises that were regulated business premises, or to a titleholder’s compliance with Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011, before that commencement.