A Bill for an Act to amend the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) 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 (Regulatory Levies) Amendment 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 Part 2 of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment 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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 (Regulatory Levies) Act 2003
1 Subsection 7(8) (definition of safety case in force in relation to a facility)
Repeal the definition, substitute:
safety case in force in relation to a facility has the meaning given by prescribed regulations, or a prescribed provision of regulations, made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
2 Subsection 7(9)
Repeal the subsection.
3 Subsection 8(8) (definition of safety case in force in relation to a facility)
Repeal the definition, substitute:
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 prescribed regulations, or a prescribed provision of regulations, made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
4 Subsection 8(9)
Repeal the subsection.
5 Before subsection 10A(6A)
Insert:
Abandoned wells
6 Subsection 10A(6A)
Omit “paragraph 5.17(c) of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011”, substitute “a prescribed provision of regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006”.
7 Subsection 10A(7) (heading)
Repeal the heading.
8 Subsection 10A(7)
Omit “the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 (as in force at the time when the abandonment commenced)”, substitute “prescribed regulations, or a prescribed provision of regulations, made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (as those prescribed regulations are in force, or as that prescribed provision is in force, at the time when the abandonment commenced)”.
9 Paragraph 10B(1)(c)
Omit “Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011”, substitute “prescribed regulations, or a prescribed provision of regulations, made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006”.
10 Subparagraph 10C(1)(a)(i)
Omit “Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011”, substitute “prescribed regulations, or a prescribed provision of regulations, made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006”.
11 Subparagraph 10C(1)(a)(ii)
Omit “regulation 5.13 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011”, substitute “a prescribed provision of regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006”.
12 Subparagraph 10D(1)(a)(i)
Omit “Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011”, substitute “prescribed regulations, or a prescribed provision of regulations, made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006”.
13 Subparagraph 10D(1)(a)(iv)
Omit “regulation 5.13 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011”, substitute “a prescribed provision of regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006”.
14 Subparagraph 10F(1)(a)(i)
Omit “regulation 9 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009”, substitute “a prescribed provision of regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006”.
15 Subparagraph 10F(1)(b)(i)
Omit “regulation 17, 18 or 19 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009”, substitute “a prescribed provision of regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006”.
16 Subparagraph 10F(1)(c)(i)
Omit “regulation 9 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009”, substitute “a prescribed provision of regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006”.
17 Subparagraph 10G(1)(a)(i)
Omit “regulation 9 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009”, substitute “a prescribed provision of regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006”.
18 Subparagraph 10G(1)(b)(i)
Omit “regulation 17, 18 or 19 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009”, substitute “a prescribed provision of regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006”.
19 Subparagraph 10G(1)(c)(i)
Omit “regulation 9 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009”, substitute “a prescribed provision of regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006”.
20 Application and transitional provisions
(1) For the purposes of the operation of subsection 10A(6A) of the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 on and after the commencement of this item, a notification under paragraph 5.17(c) of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 is taken to be a notification covered by that subsection.
(2) For the purposes of the operation of subsection 10A(7) of the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 on and after the commencement of this item, an approval by NOPSEMA, under the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011, of the commencement of the abandonment of a well is taken to be an approval covered by that subsection.
(3) The amendment of paragraph 10B(1)(c) of the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this Schedule applies in relation to years beginning on or after the commencement of this item.
(4) The amendment of subparagraph 10C(1)(a)(i) of the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this Schedule applies in relation to an application made on or after the commencement of this item.
(5) The amendment of subparagraph 10C(1)(a)(ii) of the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this Schedule applies in relation to a submission made on or after the commencement of this item.
(6) The amendment of subparagraph 10D(1)(a)(i) of the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this Schedule applies in relation to an application made on or after the commencement of this item.
(7) The amendment of subparagraph 10D(1)(a)(iv) of the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this Schedule applies in relation to a submission made on or after the commencement of this item.
(8) The amendments of sections 10F and 10G of the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by this Schedule apply in relation to a submission made on or after the commencement of this item.