Part 1—Preliminary
1.01 Name of Regulations
These Regulations are the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011.
1.04 Objects of Parts 2 to 4 and 6 to 13
(1) An object of Parts 2 to 4 and 6 to 13 of these Regulations is to ensure that operations in an offshore area are:
(a) carried out in accordance with good oilfield practice; and
(b) compatible with the optimum long‑term recovery of petroleum.
(2) An object of Parts 2 to 4 and 6 to 13 of these Regulations is to ensure that the administrators of the Act are informed, in a timely and consistent manner, of:
(a) exploration for petroleum and greenhouse gas storage formations; and
(b) the discovery of petroleum and potential storage formations; and
(c) the appraisal of discoveries; and
(d) development and production operations in relation to petroleum, and injection operations in relation to greenhouse gas substances; and
(e) the results of operations.
(3) The other objects of Parts 2 to 4 and 6 to 13 of these Regulations are:
(a) to provide a framework for encouraging the adequate collection, retention and timely dissemination of petroleum and greenhouse gas data; and
(b) to assist in ensuring the adequacy of the data acquired; and
(c) to allow for the efficient management of data confidentiality and the disclosure of data on completion of the relevant confidentiality periods.
1.04A Object of Part 5
The object of Part 5 of these Regulations is the maintenance of the integrity of offshore petroleum and greenhouse gas wells, by ensuring that risks to well integrity are reduced to as low as reasonably practicable.
1.05 Definitions
In these Regulations:
accepted field development plan means a field development plan that has been accepted by the Joint Authority under regulation 4.05, as varied from time to time under regulation 4.10.
Act means the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
commencement day means the day that these Regulations commence.
end of the operation means:
(a) for a regulated operation related to the drilling of a well—the date on which the rig is released; and
(b) for a regulated operation conducted on a well after the well is completed—the date on which the operation ceased; and
(c) for a survey—the date on which the acquisition of the data is completed.
Energy Department has the meaning given by subregulation 8.13A(2).
excluded information has the meaning given by regulation 1.06.
greenhouse gas 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; or
(f) a greenhouse gas research consent.
greenhouse gas titleholder means:
(a) a greenhouse gas assessment permittee; or
(b) a greenhouse gas holding lessee; or
(c) a greenhouse gas injection licensee; or
(d) a registered holder of a greenhouse gas search authority; or
(e) a registered holder of a greenhouse gas special authority; or
(f) a holder of a greenhouse gas research consent.
named month means one of the 12 months of the calendar year.
non‑exclusive data means data that is made available for commercial sale or license.
open information about a survey means any of the following information:
(a) the name of the survey;
(b) the title under which the survey is being conducted;
(c) the name of the titleholder;
(d) the basin and sub‑basin (if applicable) in which the survey is being conducted;
(e) the type of survey;
(f) the size of the survey in:
(i) for a 2‑dimensional survey—kilometres; or
(ii) for a 3‑dimensional survey—square kilometres;
(g) the name of the vessel or aircraft conducting the survey;
(h) the name of the contractor conducting the survey;
(i) the dates on which the survey starts and ends or is proposed to start and end;
(j) whether the survey is exclusive or non‑exclusive;
(k) navigation data for the survey, in the form of:
(i) for a 2‑dimensional survey—line ends and bends; or
(ii) for a 3‑dimensional seismic survey—a full fold polygon outline; or
(iii) for other 3‑dimensional surveys—a polygon outline.
open information about a well means any of the following information:
(a) the name of the well;
(b) the offshore area in which the well is located;
(c) the basin and sub‑basin (if applicable) in which the well is located;
(d) the well’s latitude and longitude;
(e) the name of the title area in which the well is located;
(f) the name of the titleholder;
(g) the purpose of the well (for example development, appraisal, exploration or stratigraphy);
(h) if the well is a sidetrack—the name of the parent well;
(i) the well’s spud date;
(j) the water depth at the well;
(k) what is being used as the depth reference for the well (for example the Kelly bushing or the rig floor);
(l) the height of the depth reference above sea level;
(m) the name of the rig drilling the well;
(n) the rig’s make and model;
(o) the name of the rig contractor;
(p) the rig release date;
(q) the status of the well (for example producing, suspended or abandoned).
petroleum title means:
(a) a petroleum exploration permit; or
(b) a petroleum retention lease; or
(c) a petroleum production licence; or
(d) a petroleum special prospecting authority; or
(e) a petroleum access authority; or
(f) a scientific investigation consent.
petroleum titleholder means:
(a) a petroleum exploration permittee; or
(b) a petroleum retention lessee; or
(c) a petroleum production licensee; or
(d) the registered holder of a petroleum special prospecting authority; or
(e) the registered holder of a petroleum access authority; or
(f) the holder of a scientific investigation consent.
risk means the likelihood of a specific, undesired, event occurring within a specific period or in specified circumstances.
Note: A risk may be understood as a frequency (the number of specified events occurring within a period) or a probability (the likelihood of a specific event following another event).
seismic extracted data grid means a series of vertical cross‑sections extracted from a 3‑dimensional seismic data volume that form a grid of which:
(a) one direction is along the direction of seismic data acquisition; and
(b) the other direction is at right angles to the direction of seismic data acquisition; and
(c) the vertical cross‑sections are spaced 5 kilometres apart in both directions.
title means:
(a) a greenhouse gas title; or
(b) an infrastructure licence; or
(c) a pipeline licence; or
(d) a petroleum title.
title area means:
(a) for a petroleum exploration permit or greenhouse gas assessment permit—the permit area; and
(b) for a petroleum retention lease or greenhouse gas holding lease—the lease area; and
(c) for a petroleum production licence, infrastructure licence, or greenhouse gas injection licence—the licence area; and
(d) for a petroleum special prospecting authority, petroleum access authority, greenhouse gas search authority or greenhouse gas special authority—the authority area; and
(e) for a scientific investigation consent or greenhouse gas research consent—the offshore area specified in the consent.
titleholder means:
(a) a greenhouse gas titleholder; or
(b) an infrastructure licensee; or
(c) a pipeline licensee; or
(d) a petroleum titleholder.
Titles Administrator means the National Offshore Petroleum Titles Administrator.
1.06 Meaning of excluded information
(1) This regulation sets out the type of information that is excluded information.
(2) Information about the following is excluded information:
(a) the technical qualifications of a titleholder or an applicant for a title;
(b) the technical advice available to a titleholder or an applicant for a title;
(c) the financial resources available to a titleholder or an applicant for a title.
(3) Information contained in the following documents is excluded information:
(a) an application for a petroleum exploration permit under section 104, 110 or 115 of the Act;
(b) an application for renewal of a petroleum exploration permit under section 119 of the Act;
(c) an application for a petroleum retention lease under section 141 or 147 of the Act;
(d) an application for renewal of a petroleum retention lease under section 153 of the Act;
(e) the results of a re‑evaluation of the commercial viability of petroleum production in a lease area under subsection 136(5) of the Act;
(f) an application for a petroleum production licence under section 168, 170 or 178 of the Act or under clause 2 or 4 of Schedule 4 to the Act;
(g) an application for renewal of a petroleum production licence under section 184 of the Act;
(h) an application for a greenhouse gas assessment permit under section 296, 302A, 303 or 307A of the Act;
(i) an application for renewal of a greenhouse gas assessment permit under section 308 or 311A of the Act;
(j) an application for a greenhouse gas holding lease under section 324, 329A, 330, 335A, 336, 342A or 343 of the Act;
(k) an application for renewal of a greenhouse gas holding lease under section 347 or 350A of the Act;
(l) an application for a greenhouse gas injection licence under section 361, 368A or 369 of the Act;
(m) a report given under Part 2 or Part 3 of these Regulations;
(n) a field development plan submitted under regulation 4.04;
(o) a variation of a field development plan submitted under regulation 4.08.
(4) For subregulation (3), it does not matter whether a document was prepared or submitted before or after the commencement of these Regulations.
(5) However, subregulation (3) does not apply to information that is also contained in a document not listed in subregulation (3) that is given to the Titles Administrator or responsible Commonwealth Minister.
Part 2—Notification and reporting of discovery of petroleum
Division 1—Petroleum titleholders
2.01 Application
This Division applies to a petroleum exploration permittee, petroleum retention lessee or petroleum production licensee who is required, under section 284 of the Act, to notify the Titles Administrator of a discovery of petroleum.
Note: Section 284 of the Act applies if petroleum is discovered in a petroleum exploration permit area, a petroleum retention lease area or a petroleum production licence area.
2.02 Requirement to provide information with notification of discovery of petroleum
A petroleum titleholder must provide the following information when notifying the Titles Administrator:
(a) the title in which the discovery was made;
(b) the name of the well through which the discovery was made;
(c) the blocks in which the discovery is situated;
(d) if the rate or quantity of production of petroleum and water from the discovery well has been determined—the rate or quantity;
(e) the physical and chemical properties of the petroleum from the discovery well that have been determined;
(f) if the physical properties of the pool from which the petroleum is recovered have been determined—the properties;
(g) each preliminary estimate of the quantities of petroleum in place that has been made.
2.03 Titles Administrator may request information to be included in discovery assessment report
(1) The Titles Administrator may, within 7 days after being notified by a petroleum titleholder of a discovery of petroleum under section 284 of the Act, ask the titleholder in writing to include additional information about the discovery in the titleholder’s discovery assessment report under regulation 2.04.
Note: Section 284 of the Act requires notification of a discovery within 30 days after completion of the discovery well. Regulation 2.04 requires a further report about the discovery within 90 days after completion of the discovery well.
(2) The request must specify the information sought and the reasons for the request.
(3) After receiving the request, the titleholder may give the Titles Administrator a written statement that:
(a) the information is not within the titleholder’s knowledge; or
(b) the titleholder is unable to obtain the information.
(4) If the Titles Administrator is satisfied (whether or not because of a statement under subregulation (3)) that the titleholder cannot comply with the request because:
(a) the information is not within the titleholder’s knowledge; or
(b) the titleholder is unable to obtain the information;
the Titles Administrator must, as soon as practicable, give the titleholder a notice in writing withdrawing the request.
2.04 Requirement to provide discovery assessment report
(1) A petroleum titleholder commits an offence if:
(a) the titleholder has notified the Titles Administrator of a discovery of petroleum in accordance with section 284 of the Act; and
(b) the titleholder does not give the Titles Administrator a discovery assessment report for the title area within:
(i) 90 days after completion of the well that resulted in the discovery; or
(ii) if the Titles Administrator authorises the titleholder to give the report within another period—the other period.
Penalty: 60 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) In this regulation:
discovery assessment report means a report that includes the following information:
(a) the title in which the discovery was made;
(b) a preliminary estimate of the location and areal extent of the petroleum pool;
(c) details of the geological structure in which the petroleum is located;
(d) the results of all assessments of the discovery;
(e) a preliminary estimate of the quantity of petroleum in the petroleum pool;
(f) the data used to estimate the quantity of petroleum in the petroleum pool;
(g) a preliminary estimate of the quantity of recoverable petroleum in the petroleum pool;
(h) details of the petroleum titleholder’s plans for further evaluation of the discovery, including the work that the titleholder proposes to carry out in the title area in the next 12 months from the date of the report;
(i) if the Titles Administrator has issued a notice to the petroleum titleholder under regulation 2.03 and the notice has not been withdrawn—the information specified in the notice.
Division 2—Greenhouse gas titleholders
2.05 Application
This Division applies to a greenhouse gas assessment permittee, greenhouse gas holding lessee or greenhouse gas injection licensee who is required, under section 452 of the Act, to notify the responsible Commonwealth Minister of a discovery of petroleum.
Note: Section 452 of the Act applies if petroleum is discovered in a greenhouse gas assessment permit area, a greenhouse gas holding lease area or a greenhouse gas injection licence area.
2.06 Requirement to provide petroleum discovery report
(1) A greenhouse gas titleholder commits an offence if:
(a) the titleholder has notified the responsible Commonwealth Minister of a discovery of petroleum in accordance with section 452 of the Act; and
(b) the titleholder does not give the Minister, within 60 days after completion of the well that resulted in the discovery, a report that includes the information mentioned in subregulation (3).
Penalty: 60 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) For subregulation (1), the information that the report must include is:
(a) the location of the petroleum discovery in the title area; and
(b) if any production tests have been conducted on the discovered petroleum—the results of the tests.
2.07 Information may be provided to responsible State Minister and responsible Northern Territory Minister
(1) This regulation applies if:
(a) petroleum is discovered in:
(i) part of the permit area of a cross‑boundary greenhouse gas assessment permit that is in the coastal waters of a State or the coastal waters of the Northern Territory; or
(ii) part of the lease area of a cross‑boundary greenhouse gas holding lease that is in the coastal waters of a State or the coastal waters of the Northern Territory; or
(iii) part of the licence area of a cross‑boundary greenhouse gas injection licence that is in the coastal waters of a State or the coastal waters of the Northern Territory; and
(b) a report of the discovery is provided to the responsible Commonwealth Minister under paragraph 2.06(1)(b).
(2) Despite Parts 8 and 10, the responsible Commonwealth Minister may make information in the report available to the responsible State Minister or the responsible Northern Territory Minister, for the purpose of enabling or assisting the responsible State Minister or the responsible Northern Territory Minister to perform functions, or exercise powers, under a State PSLA or a Territory PSLA.
Part 3—Title assessment reports
3.01 Application
This Part applies to the following titleholders:
(a) a petroleum exploration permittee;
(b) a petroleum retention lessee;
(c) a petroleum production licensee;
(d) a greenhouse gas assessment permittee;
(e) a greenhouse gas holding lessee.
3.02 Definition
In this Part:
Regulator means:
(a) for a petroleum exploration permit, petroleum retention lease or petroleum production licence—the Titles Administrator; and
(b) for a greenhouse gas assessment permit or greenhouse gas holding lease—the responsible Commonwealth Minister.
3.03 Requirement to provide annual title assessment report
(1) A titleholder commits an offence if the titleholder does not give an annual title assessment report, providing the required information for a year of the term of the title, to the Regulator within:
(a) 30 days after the day on which the year of the term ends; or
(b) if the Regulator authorises the titleholder to give the report within another period—the other period.
Penalty: 60 penalty units.
Note: Year of the term is defined in section 10 of the Act. A year of the term of a title commences on the day that the title comes into force or on any anniversary of that day.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) For subregulation (1), the required information is:
(a) from a petroleum exploration permittee—the information mentioned in subregulation 3.06(1); or
(b) from a petroleum retention lessee—the information mentioned in subregulation 3.07(1); or
(c) from a petroleum production licensee—the information mentioned in subregulation 3.08(1); or
(d) from a greenhouse gas assessment permittee—the information mentioned in subregulation 3.09(1); or
(e) from a greenhouse gas holding lessee—the information mentioned in subregulation 3.10(1).
3.04 Reports may be combined with permission
A titleholder with more than one title may combine the annual title assessment reports into a single document with the written agreement of the Regulator.
3.05 Title assessment report for part of a year
(1) This regulation applies if:
(a) a title ceases to be in force (whether because the title has expired or because the title has been surrendered, cancelled, revoked or terminated); and
(b) the term of the title was not a whole number of years.
Note: This regulation may apply when a title has been renewed. The renewal of a title is taken to be the grant of a new title on the day after the expiry of the previous title—see section 11 of the Act.
(2) The Regulator may, by notice in writing, require the titleholder to give a title assessment report to the Regulator for the period at the end of the term that was not a year of the term.
(3) The notice must specify:
(a) the information that must be provided in the report; and
(b) the date by which the report must be given.
(4) For paragraph (3)(a), only information that would be required from the titleholder in an annual title assessment report under regulation 3.03 may be specified.
(5) For paragraph (3)(b), the date must be at least 30 days after the day that the notice is given.
Offence – failure to give report when required
(6) A titleholder commits an offence if:
(a) the Regulator gives the titleholder a notice under subregulation (2); and
(b) the titleholder does not comply with the notice.
Penalty: 60 penalty units.
3.06 Information to be provided in annual title assessment report—petroleum exploration permit
(1) For regulation 3.03, the required information from a petroleum exploration permittee is:
(a) a description of work and expenditure commitments as detailed in the permit; and
(b) for all work, evaluations and studies carried out in relation to the permit:
(i) the total expenditure of the work, evaluation and studies; and
(ii) the results of the work, evaluation and studies, including details about any leads and prospects identified; and
(c) a list of the reports submitted to the Titles Administrator in accordance with these Regulations during the year; and
(d) for the work, evaluations and studies expected to be carried out in relation to the permit during the next year of the permit:
(i) a description of work commitments and expenditure estimates; and
(ii) a description of the measures taken by the permittee to prepare for the work mentioned in subparagraph (i); and
(e) any other information that is required to be included in the annual title assessment report by a condition of the permit.
(2) An annual title assessment report may include any other information that the permittee believes is relevant to the petroleum exploration permit.
3.07 Information to be provided in annual title assessment report—petroleum retention lease
(1) For regulation 3.03, the required information from a petroleum retention lessee is:
(a) a description of work and expenditure commitments as detailed in the lease; and
(b) for all work, evaluations and studies carried out in relation to the lease:
(i) the total expenditure of the work, evaluation and studies; and
(ii) the results of the work, evaluation and studies, including details about any leads and prospects identified; and
(c) a list of the reports submitted to the Titles Administrator in accordance with these Regulations during the year; and
(d) details of the lessee’s plans for further evaluation of discoveries, including work that is to be carried out in the lease area; and
(e) for the work, evaluations and studies expected to be carried out in relation to the lease during the next year of the lease:
(i) a description of work commitments and expenditure estimates; and
(ii) a description of the measures taken by the lessee to prepare for the work mentioned in subparagraph (i); and
(f) for a year after the first year of the lease—the following information about each petroleum pool situated in the lease area:
(i) a description of the pool;
(ii) any new information relating to the evaluation of the pool;
(iii) an estimate of the quantity of petroleum in the pool at the end of the previous year;
(iv) an estimate of recoverable petroleum in the pool at the end of the previous year;
(v) any new or revised data upon which the estimates in subparagraphs (iii) and (iv) are based, including a report of any study carried out that has resulted in a revised estimate;
(vi) a table summarising the resource and reserve quantities mentioned in subparagraphs (iii) and (iv); and
(g) any other information that is required to be included in the annual title assessment report by a condition of the lease.
(2) An annual title assessment report may include any other information that the lessee believes is relevant to the petroleum retention lease.
3.08 Information to be provided in annual title assessment report—petroleum production licence
(1) For regulation 3.03, the required information from a petroleum production licensee is:
(a) details of any activities the licensee plans to undertake in the licence area in compliance with a condition of the licence; and
(b) a list of the reports submitted to the Titles Administrator in accordance with these Regulations during the year; and
(c) details of the licensee’s plans for further evaluation of the licence area, including work that is to be carried out in the licence area and is not covered by paragraph (a); and
(d) a production forecast for each producing or potential development project; and
(e) a description of any leads and prospects in the licence area; and
(f) for a year after the first year of the licence—the following information about each petroleum pool situated in the licence:
(i) a description of the pool;
(ii) any new information relating to the evaluation of the pool;
(iii) an estimate of the quantity of petroleum in the pool at the end of the previous year;
(iv) an estimate of recoverable petroleum in the pool at the end of the previous year;
(v) any new or revised data upon which the estimates in subparagraphs (iii) and (iv) are based, including a report of any study carried out that has resulted in a revised estimate;
(vi) a table summarising the resource and reserve quantities mentioned in subparagraphs (iii) and (iv); and
(g) the total amount of petroleum produced during the year; and
(h) the amount of each substance injected into a reservoir during the year; and
(i) the amount of each substance flared or vented during the year; and
(j) any other information that is required to be included in accordance with a condition of the petroleum production licence.
(2) An annual title assessment report may include any other information that the licensee believes is relevant to the petroleum production licence.
3.09 Information to be provided in annual title assessment report—greenhouse gas assessment permit
(1) For regulation 3.03, the required information from a greenhouse gas assessment permittee is:
(a) a description of work and expenditure commitments as detailed in the permit; and
(b) for all work, evaluations and studies carried out in relation to the permit:
(i) the total expenditure of the work, evaluation and studies; and
(ii) the results of the work, evaluation and studies, including details about any leads and prospects identified; and
(c) a list of the reports submitted to the responsible Commonwealth Minister in accordance with these Regulations during the year; and
(d) for the work, evaluations and studies expected to be carried out in relation to the permit during the next year of the permit:
(i) a description of work commitments and expenditure estimates; and
(ii) a description of the measures taken by the permittee to prepare for the work mentioned in subparagraph (i); and
(e) any other information that is required to be included in the annual title assessment report by a condition of the permit.
(2) An annual title assessment report may include any other information that the permittee believes is relevant to the greenhouse gas assessment permit.
3.10 Information to be provided in annual title assessment report—greenhouse gas holding lease
(1) For regulation 3.03, the required information from a greenhouse gas holding lessee is:
(a) a description of work and expenditure commitments as detailed in the lease; and
(b) for all work, evaluations and studies carried out in relation to the lease:
(i) the total expenditure of the work, evaluation and studies; and
(ii) the results of the work, evaluation and studies; and
(c) a list of the reports submitted to the responsible Commonwealth Minister in accordance with these Regulations during the year; and
(d) details of the lessee’s plans for further evaluation work, including work that is to be carried out in the lease area; and
(e) for the work, evaluations and studies expected to be carried out in relation to the lease during the next year of the lease:
(i) a description of work commitments and expenditure estimates; and
(ii) a description of the measures taken by the lessee to prepare for the work mentioned in subparagraph (i); and
(f) any other information that is required to be included in the annual title assessment report by a condition of the lease.
(2) An annual title assessment report may include any other information that the lessee believes is relevant to the greenhouse gas holding lease.
Part 4—Field development plans and approvals of petroleum recovery
Division 1—Preliminary
4.01 Definitions
In this Part:
field, in relation to a field development plan, means an area within the licence area that is subject to the plan.
licence area, in relation to an applicant for a petroleum production licence, means the area constituted by the block or blocks that will be the subject of the petroleum production licence if the licence is granted.
major change, in relation to the recovery of petroleum from a field, includes the following:
(a) the petroleum production licensee changes the development strategy or management strategy of a field or a petroleum pool;
(b) the petroleum production licensee changes the plan for the development of additional pools in the field;
(c) the petroleum production licensee ceases production, permanently or for the long term, before the date proposed in the field development plan;
(d) the petroleum production licensee introduces new methods for the petroleum recovery, such as enhanced recovery and injection of fluids.
significant event includes the following:
(a) a change in the understanding of the characteristics of the geology or reservoir that may have a significant impact on the optimum recovery of petroleum;
(b) a new or increased risk to the recovery of petroleum within the licence area;
(c) a new or increased risk to the recovery of petroleum outside the licence area caused by the development of pools in the licence area;
(d) a new or increased risk of activities in the licence area causing effects outside the licence area (for example aquifer depletion caused by hydrocarbon extraction);
(e) change to the proposed option for development of pools in the licence area, including any tie‑in opportunity with nearby licence areas.
Division 2—Field development plan requirements for petroleum production licensees
4.02 Requirement to have an accepted field development plan
(1) A petroleum production licensee commits an offence if:
(a) the licensee undertakes the recovery of petroleum from a petroleum pool in the licence area; and
(b) the recovery is not on an appraisal basis; and
(c) at the time of the recovery of the petroleum, the licensee does not have:
(i) an accepted field development plan in force for a field that includes the petroleum pool; or
(ii) an approval, under regulation 4.15, to undertake the recovery of petroleum without an accepted field development plan; or
(iii) an exemption under the transitional provisions of regulation 4.16.
Penalty: 80 penalty units.
Note 1: The Act also requires a licensee to undertake the recovery operation in accordance with good oilfield practice—see section 569.
Note 2: This offence applies to a petroleum production licensee. Recovery of petroleum in an offshore area without a petroleum production licence or other authorisation under the Act is an offence under section 160 of the Act.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
4.03 Requirement to undertake activities in accordance with accepted field development plan
A petroleum production licensee commits an offence if:
(a) the licensee has an accepted field development plan in force for a field in the licence area; and
(b) the licensee undertakes an activity in the licence area; and
(c) the undertaking of the activity is not consistent with the field development plan.
Penalty: 80 penalty units.
Division 3—Obtaining acceptance of field development plan
4.04 Application for acceptance of field development plan
(1) A person who is a petroleum production licensee or an applicant for a petroleum production licence may apply to the Titles Administrator for the Joint Authority to accept a field development plan.
(2) The application must be accompanied by the field development plan.
4.05 Joint Authority decision on field development plan
(1) As soon as practicable after a person gives a field development plan to the Titles Administrator under regulation 4.04, the Titles Administrator must give the plan to the Joint Authority.
(2) After receiving the plan from the Titles Administrator, the Joint Authority must:
(a) accept the plan; or
(b) reject the plan; or
(c) ask the Titles Administrator to notify the person in writing that the Joint Authority is unable to make a decision without further assessment of the plan.
Further assessment before decision
(3) If the Joint Authority asks the Titles Administrator to issue a notice under paragraph (2)(c), the Joint Authority must specify for inclusion in the notice:
(a) any further information the Joint Authority requires to be included in the plan; and
(b) the date after which the Joint Authority will commence further assessment of the plan.
(4) The date specified under paragraph (3)(b) must give the person a reasonable opportunity to modify or resubmit the plan.
(5) If the Joint Authority undertakes further assessment of a field development plan, the Joint Authority must accept or reject the field development plan as soon as practicable.
Acceptance may be subject to conditions
(6) The Joint Authority may accept the field development plan subject to conditions.
Notice of decision
(7) The Titles Administrator must notify the person in writing of the following matters as soon as practicable after the Joint Authority has made a decision to accept or reject the field development plan:
(a) the terms of the decision;
(b) if the Joint Authority rejects the plan—the reasons for the decision;
(c) if the Joint Authority accepts the plan—the date on which the plan commences;
(d) if the Joint Authority accepts the plan subject to a condition—the condition and the reason for making the acceptance subject to a condition.
Date of effect
(8) If the Joint Authority accepts the field development plan, the plan commences on the date notified under paragraph (7)(c).
4.06 Criteria for acceptance of field development plan
(1) The Joint Authority must accept a field development plan under paragraph 4.05(2)(a) or subregulation 4.05(5) if the Joint Authority is satisfied that:
(a) the plan includes the matters mentioned in subregulation 4.07(1); and
(b) the plan demonstrates that the person will conduct pool management in the field in a manner that is:
(i) consistent with good oilfield practice; and
(ii) compatible with optimum long‑term recovery of the petroleum.
(2) The Joint Authority must not accept a field development plan if the Joint Authority is not satisfied that the plan meets the requirements of subregulation (1).
4.07 Contents of field development plan
(1) For paragraph 4.06(1)(a), the matters are:
(a) evidence and data showing that the field contains petroleum, including details of the structure, extent and location of discovered petroleum pools; and
(b) estimates of the volume of petroleum in place and recoverable petroleum, including data supporting the estimates; and
(c) a description of:
(i) the possible petroleum pools in the field; and
(ii) the person’s plans (if any) to explore for petroleum pools; and
(iii) how any petroleum pools of commercial quantity can be incorporated into the development of the licence area; and
(d) a description of:
(i) an appropriate strategy for the development of the field, management of the petroleum pool and optimum long‑term recovery; and
(ii) any proposed and alternative development scenarios; and
(e) a description of how the person intends to extract the petroleum over time, including the following information:
(i) the estimated positions of wells;
(ii) the potential timing of workovers;
(iii) possible tie‑ins; and
(f) the project schedule, including an estimated development timetable of production facilities such as wells, platforms and petroleum pipelines; and
(g) the person’s operations or proposals for:
(i) the enhanced recovery or recycling of petroleum; and
(ii) the processing, storage or disposal of petroleum; and
(iii) the injection of petroleum or water into an underground formation; and
(h) arrangements for:
(i) monitoring, recording in writing and reporting on the person’s conduct of pool management; and
(ii) keeping records and other documents about the person’s conduct of pool management; and
(i) details of:
(i) the surface connections and equipment used by the person; and
(ii) any production by a well that is from more than one petroleum pool; and
(iii) any production from a petroleum pool that is through more than one well; and
(j) the arrangements (if any) for the transport, injection and storage of greenhouse gas substances that have been obtained from a third party or other external source; and
(k) arrangements for the maintenance of an accurate quantitative record of events, measurements and actions to which the plan relates.
(2) A field development plan may include any other information that the person believes is relevant.
Division 4—Variation of field development plan
4.08 Requirement to apply for variation of field development plan
(1) A petroleum production licensee must apply to the Titles Administrator for the Joint Authority to accept a variation of a field development plan if:
(a) the licensee intends to make a major change in relation to the recovery of petroleum from the field; or
(b) there is a new licensee for the licence, unless the new licensee agrees in writing to continue operations in accordance with the current accepted field development plan; or
(c) the Joint Authority has requested the licensee, under regulation 4.11, to vary the accepted field development plan.
(2) The application must be accompanied by the proposed variation.
4.09 Application must be made at least 90 days before major change
A petroleum production licensee commits an offence if:
(a) the licensee undertakes the recovery of petroleum from a petroleum pool in the licence area; and
(b) at the time of the recovery of the petroleum, the licensee has an accepted field development plan for a field that includes the petroleum pool; and
(c) the licensee makes a major change in relation to the recovery of petroleum from the field; and
(d) the licensee did not, at least 90 days before the occurrence of the major change, apply for a variation of the accepted field development plan.
Penalty: 60 penalty units.
4.10 Joint Authority decision on variation of field development plan
(1) As soon as practicable after a petroleum production licensee gives a variation of a field development plan to the Titles Administrator under regulation 4.08, the Titles Administrator must give the variation to the Joint Authority.
(2) After receiving the variation from the Titles Administrator, the Joint Authority must:
(a) accept the variation if the varied field development plan would meet the requirements of subregulation 4.06(1); or
(b) reject the variation; or
(c) ask the Titles Administrator to notify the licensee, in writing, that the Joint Authority is unable to make a decision without further assessment of the variation.
Further assessment before decision
(3) If the Joint Authority asks the Titles Administrator to issue a notice under paragraph (2)(c), the Joint Authority must specify for inclusion in the notice:
(a) any further information the Joint Authority requires to be included in the variation; and
(b) the date after which the Joint Authority will commence further assessment of the plan.
(4) The date specified under paragraph (3)(b) must give the licensee a reasonable opportunity to modify or resubmit the plan.
(5) If the Joint Authority undertakes further assessment of a variation, the Joint Authority must accept or reject the variation as soon as practicable.
Acceptance may be subject to conditions
(6) The Joint Authority may accept a variation of a field development plan subject to conditions.
Notice of decision
(7) The Titles Administrator must notify the licensee in writing of the following matters as soon as practicable after the Joint Authority has made a decision to accept or reject a variation of a field development plan:
(a) the terms of the decision;
(b) if the Joint Authority rejects the variation—the reasons for the decision;
(c) if the Joint Authority accepts the variation—the date on which the variation commences;
(d) if the Joint Authority accepts the variation subject to a condition—the condition and the reason for making the acceptance subject to a condition.
Date of effect
(8) If the Joint Authority accepts a variation of a field development plan, the plan as varied replaces the existing field development plan as the plan in force for the field on the date notified under paragraph (7)(c).
4.11 Variation required by Joint Authority
The Titles Administrator may give a petroleum production licensee a notice in writing:
(a) advising the licensee that the Joint Authority requires the licensee to vary a field development plan as set out in the notice; and
(b) setting out the technical grounds for requiring the variation; and
(c) identifying the proposed date of effect of the variation; and
(d) identifying the proposed date by which the licensee must submit a variation of the plan to the Titles Administrator; and
(e) advising the licensee of the effect of regulation 4.12.
4.12 Objection to requirement to vary field development plan
(1) If the Titles Administrator gives a petroleum production licensee a notice under regulation 4.11, the licensee may give an objection, in writing, to the Titles Administrator:
(a) stating one or more of the following:
(i) that the variation should not occur;
(ii) that the variation should be in terms different from the proposed terms;
(iii) that the varied field development plan should take effect on a date later than the proposed date;
(iv) that the date by which the licensee must submit a variation of the plan should be later than the proposed date; and
(b) giving reasons for the objection.
(2) The licensee must make the objection within:
(a) 21 days after receiving the notice; or
(b) if the Titles Administrator, in writing, allows a longer period—that period.
4.13 Decision on objection
(1) As soon as practicable after a petroleum production licensee gives an objection to the Titles Administrator under regulation 4.12, the Titles Administrator must give the objection to the Joint Authority.
(2) After receiving the objection from the Titles Administrator, the Joint Authority must decide whether to accept or reject the objection.
(3) The Titles Administrator must notify the licensee, in writing, of the following matters as soon as practicable after the Joint Authority has made a decision:
(a) the terms of the decision, including:
(i) whether the original notice given under regulation 4.11 is varied or withdrawn; and
(ii) if the original notice is varied—the new requirements;
(b) if the decision is to reject the objection—the reasons for the decision.
Division 5—Recovery of petroleum before field development plan is accepted
4.14 Application for approval to undertake recovery of petroleum without accepted field development plan
(1) A petroleum production licensee may apply, in writing, to the Titles Administrator for permission to undertake recovery of petroleum from a petroleum pool in the licence area for a period of up to 3 months without having an accepted field development plan in force for a field that includes the pool.
(2) The application must include:
(a) the reason why it is necessary for the licensee to undertake recovery without having an accepted field development plan; and
(b) details of any proposed extended production test; and
(c) the period in respect of which the permission is sought; and
(d) details of any proposed disposal or flaring of any produced hydrocarbons.
4.15 Decision on application
(1) As soon as practicable after the petroleum production licencee gives an application to the Titles Administrator under regulation 4.14, the Titles Administrator must:
(a) consult the Joint Authority on the appropriateness or otherwise of approving the application; and
(b) either:
(i) approve the application; or
(ii) reject the application; or
(iii) notify the licensee, in writing, that the Titles Administrator is unable to make a decision without further information.
(2) If the Titles Administrator issues a notice under subparagraph (1)(b)(iii), the Titles Administrator must specify the further information that it requires.
(3) After receiving the information, the Titles Administrator must, as soon as practicable, do one of the things set out in paragraph (1)(b) in respect of the application.
(4) The Titles Administrator may approve the application subject to conditions.
(5) If the Titles Administrator approves the application, the maximum period for which the Titles Administrator may grant the permission is 3 months from the date of the Titles Administrator’s approval.
(6) However, the Titles Administrator may, on written application by the licensee, extend the period by a maximum of 3 months after seeking the views of the Joint Authority on the appropriateness or otherwise of an extension.
(7) The Titles Administrator may extend permission under subregulation (6) more than once.
(8) The Titles Administrator must notify the licensee in writing of the following matters as soon as practicable after making a decision to approve or reject an application:
(a) the terms of the decision;
(b) if the Titles Administrator approves the application subject to a condition—the condition;
(c) if the Titles Administrator rejects the application—the reasons for the decision.
Division 6—Transitional provisions about field development plans
4.16 Events that occurred on or before the commencement of these Regulations
If a field development plan has been accepted before commencement day
(1) If, on the commencement day, a petroleum production licensee has a field development plan for a field in the licence area that has been accepted by the Joint Authority, the field development plan is in force for the field.
If no decision made on acceptance before commencement day
(2) A petroleum production licensee is taken to have made an application under regulation 4.04 on the commencement day if:
(a) the licensee made an application for a field development plan to be accepted by the Joint Authority before the commencement day; and
(b) the Joint Authority did not make a decision on the application before the commencement day.
If there is no accepted field development plan for recovery on commencement day
(3) If petroleum was being recovered in an area under a petroleum production licence on or before the commencement day (the recovery area) and the recovery after that day is not covered by a field development plan:
(a) the licensee must make an application to the Titles Administrator under regulation 4.04 for acceptance of a field development plan for the recovery area before the end of:
(i) 2 years after the commencement day; or
(ii) if the Titles Administrator gives the licensee written approval to extend the period to 4 years after the commencement day—that period; and
(b) the licensee is exempt from regulation 4.02 until an accepted field development plan is in force for the recovery area.
(4) If a licensee exempted by paragraph (3)(b) makes an application under regulation 4.04 and the plan is rejected by the Joint Authority, the licensee must make another application no later than 90 days after being given notice of the rejection.
Division 7—Approval of rate of recovery of petroleum
4.17 Requirement to obtain approval of rate of recovery of petroleum
(1) A petroleum production licensee commits an offence if:
(a) the licensee undertakes the recovery of petroleum from a petroleum pool in a licence area; and
(b) the licensee has not obtained from the Joint Authority written approval of the rate of recovery of petroleum from the pool; and
(c) the rate of recovery of petroleum from the pool is not subject to a direction under section 190 of the Act.
Penalty: 60 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
4.18 Application for approval of rate of recovery from pool in licence area
(1) This regulation applies if a petroleum production licensee applies to the Joint Authority for written approval of the rate of recovery of petroleum from a petroleum pool in a licence area.
(2) The Joint Authority must not approve the application unless the application includes the following information:
(a) the proposed rate of recovery of petroleum from the pool;
(b) the past performance (if any) and a prediction of future performance of production wells in the licence area;
(c) an estimate of the ultimate recovery from the pool;
(d) evidence that the equipment and procedures used to determine the quantity and composition of petroleum and water have been approved:
(i) if the Royalty Act applies—under section 13 of that Act; or
(ii) if that Act does not apply—by the Joint Authority.
(3) In making a decision about the rate of recovery of petroleum from the pool, the Joint Authority must ensure that the rate is consistent with the accepted field development plan for the field that includes the pool.
Division 8—Requirement to notify significant event
4.19 Requirement to notify significant event to Joint Authority
(1) A petroleum production licensee commits an offence if:
(a) a significant event occurs in, or in relation to, the licence area; and
(b) the licensee becomes aware of the significant event; and
(c) the licensee does not provide a written notification of the significant event to the Titles Administrator within 7 days after becoming aware of the event.
Penalty: 60 penalty units.
(2) The notification must include:
(a) all the material facts and circumstances about the significant event that the licensee is aware of or is able, by reasonable search and inquiry, to find out, including:
(i) when the event occurred or was first detected; and
(ii) the implications of the event for the reservoir and the optimum long‑term recovery of petroleum; and
(b) the action the licensee proposes to take in response to the significant event.
(3) The notification may include any other facts the licensee considers relevant.
Part 5—Well operations management plans and well activities
Division 1—Preliminary
5.01 Application
(1) This Part applies to the following titleholders:
(a) a petroleum exploration permittee;
(b) a petroleum retention lessee;
(c) a petroleum production licensee;
(d) an infrastructure licensee;
(e) a greenhouse gas assessment permittee;
(f) a greenhouse gas holding lessee;
(g) a greenhouse gas injection licensee.
(2) This Part does not apply in relation to a well that is drilled for the purpose of geotechnical drilling or construction of a facility.
5.02 Definitions
In this Part:
facility has the same meaning as in Schedule 3 to the Act.
in force, in relation to a well operations management plan (including any accepted revisions), means that:
(a) the plan has been accepted; and
(b) the acceptance of the plan has not been withdrawn; and
(c) the operation of the plan has not ended.
integrity, in relation to a well, means the capacity of the well to contain petroleum, a greenhouse gas substance, or any other substance.
operator, in relation to a facility, has the same meaning as in Schedule 3 to the Act.
Regulator means NOPSEMA.
reportable incident, in relation to a well, means any of the following:
(a) a loss of integrity of the well, including a well kick, resulting in a release of more than:
(i) 1 kilogram of gas; or
(ii) 80 litres of liquid;
(b) a failure of hydrostatic pressure as a primary barrier, leading to:
(i) a build‑up of pressure or a positive flow check; and
(ii) the operation of a blow‑out prevention or diversion system;
(c) damage to, or failure of, well‑related equipment that has led or could lead to a loss of integrity of the well;
(d) any other unplanned occurrence that requires the titleholder to implement measures or arrangements to regain control of the well.
well has a meaning affected by regulation 5.03.
well activity means an activity relating to a well that is carried out during the life of the well.
5.03 Well includes associated well‑related equipment
In this Part, a reference to a well includes a reference to the well‑related equipment associated with the well.
Note: For the definitions of well and well‑related equipment, see section 7 of the Act.
5.03A Well activity taken to occur if well is not operational
If there is a well in a title area that is not operational (but not permanently abandoned), the titleholder is taken for the purpose of these Regulations to be undertaking a well activity in relation to the well.
Division 2—Requirements—well operations management plan
5.04 Requirement to have well operations management plan in force
(1) A titleholder commits an offence if:
(a) the titleholder undertakes a well activity in a title area; and
(b) there is not a well operations management plan in force for the well that applies to the well activity.
Penalty: 80 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note 1: For strict liability, see section 6.1 of the Criminal Code.
Note 2: NOPSEMA may give directions to titleholders that may relate to a well activity and must be complied with despite anything in these Regulations: see sections 574, 576B and 576C of the Act. NOPSEMA and the responsible Commonwealth Minister may also give remedial directions about plugging or closing off wells: see sections 586, 586A, 591B and 592 of the Act.
5.05 Requirement to undertake activities in accordance with well operations management plan
(1) A titleholder commits an offence if:
(a) the titleholder undertakes a well activity in a title area; and
(b) the well activity is regulated by:
(i) one or more requirements of the well operations management plan in force for the well; or
(ii) one or more conditions to which the acceptance of the plan was subject; or
(iii) both requirements and conditions; and
(c) the titleholder does not undertake the activity in accordance with the requirements, conditions or both that regulate the activity.
Penalty: 80 penalty units.
(1A) A titleholder commits an offence if:
(a) the well operations management plan in force for a well in the title area requires the titleholder to undertake an activity; and
(b) the titleholder does not undertake the well activity.
Penalty: 80 penalty units.
(2) An offence against subregulation (1) or (1A) is an offence of strict liability.
Note 1: For strict liability, see section 6.1 of the Criminal Code.
Note 2: NOPSEMA may give directions to titleholders that may relate to a well activity and must be complied with despite anything in these Regulations: see sections 574, 576B and 576C of the Act. NOPSEMA and the responsible Commonwealth Minister may also give remedial directions about plugging or closing off wells: see sections 586, 586A, 591B and 592 of the Act.
Exception to subregulation (1)—Regulator consents to undertaking activity in a specified manner
(3) A titleholder may request, in writing, the consent of the Regulator to the titleholder undertaking a well activity in a specified manner.
(4) The request must include sufficient information for the Regulator to assess whether or not undertaking the well activity in that manner would result in the integrity of the well becoming subject to a significant new risk or a significantly increased risk.
(5) The Regulator may give consent only if there are reasonable grounds for believing that undertaking the well activity in that manner will not result in the integrity of the well becoming subject to a significant new risk or a significantly increased risk. The consent must be in writing.
(6) Subregulation (1) does not apply in relation to a well activity if:
(a) the Regulator has consented under subregulation (5) to the titleholder undertaking the activity in a specified manner; and
(b) the titleholder undertakes the activity in that manner.
Note: A defendant bears an evidential burden in relation to the matter in subregulation (6): see subsection 13.3(3) of the Criminal Code.
Division 3—Obtaining acceptance of well operations management plan
5.06 Application for acceptance of well operations management plan
(1) A titleholder may apply to the Regulator for acceptance by the Regulator of a well operations management plan.
(2) The titleholder must submit the plan to the Regulator:
(a) at least 30 days before the proposed start of the first well activity to which the plan would apply; or
(b) within the period approved by the Regulator in writing.
(3) The plan:
(a) must be in writing; and
(b) may apply to more than one well if the integrity of each well is subject to similar risks; and
(c) with the written approval of the Regulator—may be submitted in part.
5.07 Decision on well operations management plan
Initial consideration
(1) Within 30 days after a titleholder submits a well operations management plan to the Regulator:
(a) if the Regulator is reasonably satisfied that the plan meets the criteria set out in regulation 5.08, the Regulator must accept the plan; or
(b) if the Regulator is not reasonably satisfied that the plan meets the criteria set out in regulation 5.08, the Regulator must give the titleholder notice in writing under subregulation (2); or
(c) if the Regulator is unable to make a decision on the plan within the 30 day period, the Regulator must give the titleholder notice in writing and set out a proposed timetable for consideration of the plan.
(2) A notice to a titleholder under this subregulation must:
(a) state that the Regulator is not reasonably satisfied that the well operations management plan submitted by the titleholder meets the criteria set out in regulation 5.08; and
(b) identify the criteria set out in regulation 5.08 about which the Regulator is not reasonably satisfied; and
(c) set a date by which the titleholder may resubmit the well operations management plan.
(3) The date referred to in paragraph (2)(c) must give the titleholder a reasonable opportunity to modify and resubmit the plan.
Consideration after opportunity for resubmission
(4) Within 30 days after the titleholder has resubmitted a modified well operations management plan:
(a) if the Regulator is reasonably satisfied that the plan meets the criteria set out in regulation 5.08, the Regulator must accept the plan; or
(b) if the Regulator is still not reasonably satisfied that the plan meets the criteria set out in regulation 5.08, the Regulator must:
(i) give the titleholder a further notice under subregulation (2); or
(ii) refuse to accept the plan; or
(iii) act under subregulation (6); or
(c) if the Regulator is unable to make a decision on the plan within the 30 day period, the Regulator must give the titleholder notice in writing and set out a proposed timetable for consideration of the plan.
(5) If the titleholder does not resubmit a modified well operations management plan by the date referred to in paragraph (2)(c), or a later date agreed to by the Regulator, the Regulator must:
(a) refuse to accept the plan; or
(b) act under subregulation (6).
(6) For subparagraph (4)(b)(iii) and paragraph (5)(b), the Regulator may do either or both of the following:
(a) accept the plan in part;
(b) accept the plan subject to conditions.
Validity of decision
(7) A decision by the Regulator under subregulation (1) or (4) is not invalid only because the Regulator did not comply with the 30 day period in subregulation (1) or (4).
Notice of decision
(8) The Regulator must give the titleholder notice in writing of a decision by the Regulator to:
(a) accept the well operations management plan; or
(b) refuse to accept the plan; or
(c) accept the plan in part, or subject to conditions.
(9) A notice of a decision mentioned in paragraph (8)(b) must set out the reasons for the decision.
(10) A notice of a decision mentioned in paragraph (8)(c) must set out the terms of the decision and the reasons for the decision.
5.07A Further information on submitted plan
(1) If a titleholder submits a well operations management plan (including by resubmitting a plan in response to a notice under subregulation 5.07(2)), the Regulator may ask the titleholder to provide further written information about any matter that is required under subregulation 5.09(1) to be included in a well operations management plan.
(2) The request must:
(a) be in writing; and
(b) set out each matter for which information is requested; and
(c) specify a reasonable period within which the information is to be provided.
(3) If a titleholder receives a request, and provides information requested by the Regulator within the period specified or within a longer period agreed to by the Regulator:
(a) the information becomes part of the well operations management plan; and
(b) the Regulator must have regard to the information as if it had been included in the well operations management plan when it was submitted.
5.08 Criteria for acceptance of well operations management plan
For regulation 5.07, the criteria for acceptance of a well operations management plan for a well are:
(a) that, subject to subregulation 5.09(2), the plan includes the matters mentioned in subregulation 5.09(1); and
(b) that the plan is appropriate to the nature and scale of the well, and of the well activities relating to the well to which it applies; and
(c) if the plan applies to more than one well—that the risks to the integrity of each well are similar; and
(d) that the plan demonstrates how the risks to the integrity of the well will be reduced to as low as reasonably practicable; and
(e) that the performance outcomes, performance standards and measurement criteria included in the plan are appropriate.
5.09 Contents of well operations management plan
(1) The matters that must be included in a well operations management plan are the following:
(a) a description of the well, and the well activities relating to the well, to which the plan applies;
(b) a description of the risk management process used to identify and assess risks to the integrity of the well;
(c) a description and explanation of the design, construction, operation and management of the well, and conduct of well activities, showing how risks to the integrity of the well will be reduced to as low as reasonably practicable;
(d) a description of the performance outcomes against which the performance of the titleholder in maintaining the integrity of the well is to be measured;
(e) a description of the control measures that will be in place to ensure that risks to the integrity of the well will be reduced to as low as reasonably practicable throughout the life of the well, including periods when the well is not operational but has not been permanently abandoned;
(f) a description of the performance standards for the control measures identified under paragraph (e);
(g) the measurement criteria that will be used to determine whether the performance outcomes identified under paragraph (d) and the performance standards identified under paragraph (f) are being met;
(h) a description of the monitoring, audit and well integrity assurance processes that will be implemented to ensure the performance outcomes and performance standards are being met throughout the life of the well, including periods when the well is not operational but has not been permanently abandoned;
(i) a description of the arrangements that will be in place for suspension and abandonment of the well, showing:
(i) how, during the process of suspending or abandoning the well, risks to the integrity of the well will be reduced to as low as reasonably practicable; and
(ii) how the actions taken during that process will ensure that the integrity of the well is maintained while the well is suspended or abandoned;
(j) a description of the measures that will be used to ensure that contractors and service providers undertaking well activities are aware of their responsibilities in relation to the maintenance of the integrity of the well, and have appropriate competencies and training;
(k) a description of the measures and arrangements that will be used to regain control of the well if there is a loss of integrity;
(l) a timetable for carrying out and completing the well activities to which the plan applies.
(2) The Regulator may give a titleholder permission, notified in writing, not to include matters in a well operations management plan if those matters are regulated in the title.
(3) A well operations management plan may include any other information that the titleholder believes is relevant.
Division 4—Revision of well operations management plan
5.10 Revision based on circumstances
(1) A titleholder must submit to the Regulator a proposed revision of the well operations management plan that is in force for a well in the title area, before the start of any well activity that the plan as currently in force does not apply to.
Note: A plan may have originally been submitted in part or only accepted in part: see regulations 5.06 and 5.07.
(2) A titleholder must (except when the Regulator has consented under subregulation 5.05(5)) submit to the Regulator a proposed revision of a well operations management plan that is in force for a well in the title area, before making a significant change to the manner in which risks to the integrity of the well are reduced to as low as reasonably practicable.
Note: The titleholder must undertake activities in accordance with the well operations management plan in force for the well, except when the Regulator has consented to the titleholder undertaking an activity in a specified manner: see regulation 5.05.
(3) A titleholder must submit to the Regulator a proposed revision of a well operations management plan that is in force for a well in the title area:
(a) as soon as practicable after the integrity of the well becomes subject to a significant new risk or a significantly increased risk; or
(b) if NOPSEMA gives the titleholder a direction under section 574, 576B, 579A, 586 or 591B of the Act that is inconsistent with the plan; or
(c) if the responsible Commonwealth Minister has given the titleholder a direction under section 586A or 592 of the Act that is inconsistent with the plan.
Note: If paragraph (b) or (c) applies, the proposed revision will need to be consistent with the direction to be accepted—see subregulation 5.15(2).
5.11 Revision required by Regulator
(1) Subject to regulation 5.12, a titleholder must submit to the Regulator a proposed revision of the well operations management plan that is in force for a well in the title area if the Regulator notifies the titleholder under this regulation that the titleholder is required to do so.
(2) The notice must be in writing and must set out the following:
(a) the matters to be addressed by the revision;
(b) the reasons for requiring the revision;
(c) the proposed date by which the titleholder must submit the revision;
(d) the effect of regulation 5.12.
5.12 Revision required by Regulator—objection to requirement
(1) If the Regulator gives a titleholder a notice under regulation 5.11, the titleholder may give an objection, in writing, to the Regulator:
(a) stating one or more of the following:
(i) that the revision should not occur;
(ii) that the revision should not address the matters set out in the notice or should address different matters;
(iii) that the date by which the titleholder must submit a revision should be later than the proposed date; and
(b) giving reasons for the objection.
(2) The titleholder must make the objection within 21 days after receiving the notice, or a longer period allowed by the Regulator.
(3) The Regulator must, within 30 days after receiving the objection, decide whether to accept or reject the objection.
(4) The Regulator must notify the titleholder, in writing, of the following matters as soon as practicable after making a decision:
(a) the terms of the decision, including:
(i) whether the original notice given under regulation 5.11 is varied or withdrawn; and
(ii) if the original notice is varied—the new requirements;
(b) if the decision is to reject the objection—the reasons for the decision.
5.13 Revision at end of each 5 year period
(1) A titleholder must submit to the Regulator a proposed revision of the well operations management plan that is in force for a well in the title area at least 14 days before the end of the period of 5 years that begins on the latest of the following days:
(a) the day the Regulator first accepts the well operations management plan;
(b) a day the Regulator accepts a proposed revision of the well operations management plan submitted under this regulation;
(d) a day notified by the Regulator under subregulation (2).
(2) For paragraph (1)(d), if the Regulator accepts a proposed revision of a well operations management plan that was submitted under regulation 5.10 or 5.11, the Regulator may notify the titleholder that the period of 5 years mentioned in subregulation (1) starts on the day specified in the notice.
5.14 Form of proposed revision
A proposed revision must be in the form of a revised well operations management plan or, if the titleholder and the Regulator agree, a revised part of the well operations management plan.
5.15 Acceptance of revised well operations management plan
(1) Regulations 5.07, 5.07A and 5.08 apply to the proposed revision as if:
(a) a reference in those regulations to the submission, acceptance or non‑acceptance of the well operations management plan were a reference to the submission, acceptance or non‑acceptance of the proposed revision; and
(b) any other reference in those regulations to the well operations management plan were a reference to the plan as revised by the proposed revision.
Note: Those regulations deal with the consideration and acceptance of a well operations management plan.
(2) If the proposed revision is required because NOPSEMA or the responsible Commonwealth Minister gave the titleholder a direction which is inconsistent with the well operations management plan that is in force, regulation 5.08 applies as if a criterion for the acceptance of the proposed revision is that it is consistent with the direction.
5.16 Effect of non‑acceptance of proposed revision
If a proposed revision of a well operations management plan is not accepted, the provisions of the plan in force before the proposed revision was submitted remain in force, subject to the Act and this Part, as if the revision had not been proposed.
Division 5—End of well operations management plan
5.17 Plan ends when well permanently abandoned
The operation of a well operations management plan ends when:
(a) the titleholder has permanently abandoned the well or wells to which the plan applies; and
(b) the titleholder has given the Regulator a written report of the process that was undertaken in abandoning the well or wells, and the outcome of that process; and
(c) the Regulator notifies the titleholder in writing that the Regulator is reasonably satisfied that the process of abandoning the well or wells has been undertaken in accordance with the well operations management plan.
Division 6—Withdrawal of acceptance of well operations management plan
5.18 Reasons for withdrawal of acceptance
The Regulator may withdraw its acceptance of a titleholder’s well operations management plan if:
(a) the titleholder has not complied with the Act, this Part or a direction given under section 574, 576B, 579A, 586, 586A, 591B or 592 of the Act; or
(b) the titleholder has not complied with the well operations management plan; or
(c) the Regulator is satisfied for any other reason that its acceptance of the well operations management plan should be withdrawn.
5.19 Notice of proposal to withdraw acceptance
(1) If the Regulator believes it may be necessary to withdraw its acceptance of a well operations management plan, the Regulator must, at least 30 days before the Regulator would withdraw its acceptance:
(a) notify the titleholder in writing that the Regulator is considering the withdrawal of the acceptance; and
(b) include in the notification:
(i) an explanation of the reasons why the Regulator is considering withdrawing the acceptance; and
(ii) a date by which the titleholder may give the Regulator any information that the Regulator may take into account before deciding whether to withdraw the acceptance; and
(iii) any other information that the Regulator considers appropriate.
(2) The Regulator may give a copy of the notice to a person other than the titleholder if the Regulator considers it appropriate.
5.20 Decision to withdraw acceptance
(1) If the Regulator notifies a titleholder under subregulation 5.19(1), the Regulator must, as soon as practicable after the date mentioned in subparagraph 5.19(1)(b)(ii) has passed:
(a) withdraw its acceptance of the well operations management plan; or
(b) decide not to withdraw its acceptance.
(2) The Regulator must not withdraw its acceptance unless the Regulator:
(a) has taken any information given under subparagraph 5.19(1)(b)(ii) into account; and
(b) is satisfied that a reason mentioned in regulation 5.18 exists.
(3) The Regulator must notify the titleholder, in writing, of the following matters as soon as practicable after making a decision:
(a) the terms of the decision;
(b) if the decision is to withdraw its acceptance of the well operations management plan—the reasons for the decision.
5.20A Withdrawal decision has no effect in relation to well that is not operational
A decision by the Regulator to withdraw its acceptance of a well operations management plan has no effect in relation to a well that is not operational at the time of the decision, to the extent that the plan deals with the period that the well is not operational.
5.21 Relationship between withdrawal and other provisions
(1) The Regulator may withdraw its acceptance of a well operations management plan for the titleholder, even if the titleholder has been convicted of an offence, because of a failure to comply with a provision of the Act, these Regulations or other regulations made under the Act.
(2) If the Regulator withdraws its acceptance of a well operations management plan, the withdrawal does not prevent the titleholder from being convicted of an offence because of a failure to comply with a provision of the Act, these Regulations or other regulations made under the Act.
Division 7—Information about specific well activities
5.22 Well activities for which advance notice is required
Activities requiring 21 days notice
(1) A titleholder must notify the Regulator about any of the following well activities in the title area before starting the well activity:
(a) a well activity that involves drilling formation;
(b) a well activity that involves running tubular goods into a well or recovering tubular goods from a well;
(c) a well activity that involves removing a Christmas tree, tubing spool, casing spool or casing head from a well;
(d) a well activity that involves the installation of a Christmas tree saver for use with downhole operations or well testing.
(2) Notice of an activity mentioned in subregulation (1) must be given to the Regulator:
(a) at least 21 days before the start of the well activity; or
(b) if the Regulator agrees to a shorter period—at least the agreed number of days before the start of the well activity.
Activities requiring notice at any time before start of activity
(3) A titleholder must notify the Regulator about any of the following well activities in the title area before starting the well activity:
(a) a well activity, not mentioned in subregulation (1), that involves perforation or tubing punching;
(b) a well activity, not mentioned in subregulation (1), that involves installation, removal or locking open of a downhole safety valve, storm choke valve, gas‑lift valve or injection valve;
(c) a well activity, not mentioned in subregulation (1), that involves the installation of a Christmas tree saver for use during maintenance work on Christmas tree components.
Form of notice
(4) Notice of a well activity must be in writing and must include the following information relating to the well activity:
(a) a reference that identifies the well operations management plan for the well;
(b) a description of the well, including the proposed or existing well name and number, the location of the well and the water depth;
(c) the name of the facility from which the well activity will be carried out;
(d) the name of the operator of the facility;
(e) a description of the well activity, including the objective, key elements, milestones and programmed depths;
(f) a list of any documents that have been prepared for the management, control or operation of the particular well activity;
(g) the timetable for carrying out and completing the activity.
5.23 Regulator may request more information
(1) If a titleholder gives the Regulator a notice about a well activity under regulation 5.22, the Regulator may ask the titleholder to provide further written information about the well activity.
(2) The request must be in writing and describe the information that is requested.
5.24 Notice of change in activity or circumstances
(1) If the information in a notice about a well activity given to the Regulator under regulation 5.22 is no longer accurate, the titleholder must provide the Regulator with updated information as soon as practicable.
(2) Subregulation (1) does not apply if the reason why the information is no longer accurate is because the integrity of the well is subject to a significant new risk or a significantly increased risk.
Note: A significant new risk or a significantly increased risk requires a revision of the well operations management plan for the well—see subregulation 5.10(3).
5.25 Notice that notified well activity has been completed
(1) If a titleholder completes an activity for which notice was required under regulation 5.22, the titleholder must notify the Regulator that the activity has been completed.
(2) The notice must be in writing and must be given to the Regulator no later than 10 days after the activity is completed.
Division 8—Incidents, reports and records
5.26 Notifying reportable incident
(1) A titleholder commits an offence if:
(a) there is a reportable incident in relation to a well in the title area; and
(b) the titleholder does not give notice of the reportable incident to the Regulator in accordance with subregulation (3).
Penalty: 80 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) The notice:
(a) must be given to the Regulator as soon as practicable after:
(i) the first occurrence of the reportable incident; or
(ii) if the reportable incident was not detected by the titleholder at the time of the first occurrence—the time the titleholder becomes aware of the reportable incident; and
(b) must be given orally; and
(c) must contain:
(i) all material facts and circumstances concerning the reportable incident that the titleholder knows or is able, by reasonable search or enquiry, to find out; and
(ii) any action taken, or proposed to be taken, to stop, control or remedy the reportable incident.
5.26A Written report of reportable incident
(1) A titleholder commits an offence if:
(a) there is a reportable incident in relation to a well in the title area; and
(b) the titleholder does not give a written report of the reportable incident to the Regulator in accordance with subregulation (3).
Penalty: 80 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) The report:
(a) must be given to the Regulator:
(i) not later than 3 days after the first occurrence of the reportable incident; or
(ii) if the reportable incident was not detected by the titleholder at the time of the first occurrence—not later than 3 days after the time the titleholder becomes aware of the reportable incident; or
(iii) if the Regulator agrees to another period within which the report must be provided—within that period; and
(b) must contain:
(i) all material facts and circumstances concerning the reportable incident that the titleholder knows or is able, by reasonable search or enquiry, to find out; and
(ii) any action taken, or proposed to be taken, to stop, control or remedy the reportable incident; and
(iii) any action taken, or proposed to be taken, to prevent a similar incident occurring in the future.
5.26B Titleholder must keep copy of report
(1) A titleholder commits an offence if the titleholder does not store a copy of a written report given to the Regulator under regulation 5.26A in a way that makes retrieval of the report reasonably practicable.
Penalty: 30 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) Subregulation (1) does not apply if the report was given to the Regulator more than 5 years ago.
Division 9—Role of Titles Administrator
5.28 Requirement for titleholder and NOPSEMA to give copies of documents to Titles Administrator
(1) If a titleholder gives a written application, plan, notice, report or any other document to NOPSEMA in compliance with this Part or a well operations management plan, the titleholder must also give a copy of the document to the Titles Administrator.
(2) If NOPSEMA gives a written notice to a titleholder under this Part, NOPSEMA must also give a copy of the notice to the Titles Administrator.
5.29 Requirement for responsible Commonwealth Minister to give copy of direction to NOPSEMA
If the responsible Commonwealth Minister gives a direction to a titleholder under section 574A, 580, 586A or 592 of the Act, the Minister must give a copy of the direction to NOPSEMA as soon as practicable.
Division 9A—Application of this Part if a remedial direction is in force
5.29A Application of this Part if a remedial direction is in force
(1) This regulation applies if:
(a) a direction (a petroleum remedial direction) is in force under section 586, 586A, 587 or 587A of the Act; or
(b) a direction (a greenhouse gas remedial direction) is in force under section 591B, 592, 594A or 595 of the Act.
(2) This Part applies as follows:
(a) as if a reference to a titleholder included a reference to a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction;
(b) as if a reference to a well activity included a reference to an activity relating to a well carried out for the purpose of complying with a petroleum remedial direction or a greenhouse gas remedial direction;
(c) if a title has ceased to be in force—as if a reference to a title area included a reference to the area in which activities are being carried out for the purposes of complying with a petroleum remedial direction or a greenhouse gas remedial direction.
(3) Despite subregulations (1) and (2), this regulation does not apply to the following provisions:
(a) subregulation 5.01(1);
(b) the definition of well activity in regulation 5.02;
(c) regulation 5.03A.
Division 10—Transitional provisions
5.30 Definitions
In this Division:
amending regulation means the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Well Operations) Regulation 2015.
commencement time means the commencement of the amending regulation.
new plan means a well operations management plan, if the titleholder applies for acceptance of the plan for the purposes of regulation 5.35.
new regulations means these Regulations as in force after the commencement time.
old regulations means these Regulations as in force immediately before the commencement time.
transitional 2‑year period means the period of 2 years after the commencement time.
transitional plan, for a well to which subregulation 5.31(1) applies, means the well operations management plan that is taken to be in force for the well under that subregulation.
5.31 Transitional well operations management plans
Plan that is in force for a well
(1) If, immediately before the commencement time, there was an accepted well operations management plan in force for undertaking a well activity relating to a well in a title area (whether or not the activity was being undertaken at that time), then:
(a) if there is one such plan for the well—the plan is taken to be the well operations management plan in force for the well under the new regulations; and
(b) if there is more than one such plan for the well (because each plan applied to a different well activity)—the combined plans are taken to be the well operations management plan in force for the well under the new regulations.
(2) The day on which the plan in force for the well was first accepted is taken to be:
(a) if there was one accepted plan immediately before the commencement time—the day the plan was accepted under the old regulations; and
(b) if there was more than one accepted plan immediately before the commencement time—the day the first of those plans was accepted under the old regulations.
Law that is in force in relation to well
(3) Despite the amending regulation:
(a) regulation 5.03A and Divisions 2 and 7 of this Part of the new regulations do not apply in relation to the well until a new plan has been accepted for the well; and
(b) Divisions 2, 7 and 8, and regulations 5.31 and 5.31A, of Part 5 of the old regulations apply in relation to the well until a new plan has been accepted for the well.
(4) To avoid doubt, Division 8 of this Part of the new regulations has effect in relation to the well.
5.32 Application for acceptance of new well operations management plan not decided before commencement time
(1) If:
(a) before the commencement time, a titleholder has applied under regulation 5.06 of the old regulations for acceptance by the Regulator of a well operations management plan; and
(b) at the commencement time, the Regulator has not decided under regulation 5.07 of the old regulations whether to accept or reject the plan;
the Regulator must deal with the plan under Division 3 of this Part of the new regulations.
(2) If the Regulator is not reasonably satisfied that the plan meets the criteria set out in regulation 5.08 of the new regulations, the Regulator must give at least one notice under subregulation 5.07(2), regardless of the extent to which the plan was assessed under the old regulations before the commencement time.
5.33 Variation not dealt with before commencement time
Application for acceptance of variation
(1) If:
(a) before the commencement time, a titleholder has applied under regulation 5.11 of the old regulations for acceptance by the Regulator of a variation of an accepted well operations management plan; and
(b) at the commencement time, the Regulator has not decided under regulation 5.13 of the old regulations whether to accept or reject the variation;
the Regulator must deal with the variation under regulation 5.13 of the old regulations.
(2) If the variation is accepted, the transitional plan that corresponds to the accepted well operations management plan has effect as varied.
Notice from Regulator requiring variation
(3) If:
(a) before the commencement time, the Regulator has given a titleholder a notice under regulation 5.14 of the old regulations requiring the titleholder to vary a well operations management plan; and
(b) at the commencement time, the titleholder has not applied under regulation 5.11 of the old regulations for acceptance by the Regulator of a variation;
the notice is taken to be a notice under regulation 5.11 of the new regulations.
5.34 Existing well without well operations management plan
(1) This regulation applies in relation to a well in a title area if:
(a) immediately before the commencement time, there was no accepted well operations management plan in force for any activity relating to the well; and
(b) immediately before the commencement time, the well was not permanently abandoned; and
(c) subregulation 5.32(1) does not apply.
(2) The titleholder must make an application under regulation 5.06 for acceptance of a well operations management plan for the well no later than 12 months after the commencement time.
(3) Despite the amending regulation:
(a) regulation 5.03A and Divisions 2 and 7 of this Part of the new regulations do not apply in relation to the well until a well operations management plan has been accepted; and
(b) Divisions 2, 7 and 8, and regulations 5.31 and 5.31A, of Part 5 of the old regulations apply in relation to the well until a well operations management plan has been accepted.
(4) To avoid doubt, Division 8 of this Part of the new regulations has effect in relation to the well.
5.35 New well operations management plan to replace transitional plan
When titleholder must apply for a new plan generally
(1) The titleholder for a transitional plan for a well must apply under regulation 5.06 for acceptance of a new well operations management plan for the well before the end of the transitional 2‑year period (whether as required under subregulation (2) or (5), or otherwise), unless the operation of the transitional plan ends within that period under regulation 5.17.
When titleholder must apply for a new plan instead of submitting a revision of transitional plan
(2) If a titleholder would (apart from this subregulation) be required under regulation 5.10 to submit a proposed revision of a transitional plan for a well, the titleholder must:
(a) instead:
(i) apply under regulation 5.06 for acceptance of a new well operations management plan for the well no later than the time when that requirement would otherwise apply under regulation 5.10; and
(ii) include in the new plan any matters that would otherwise be required to be included in such a proposed revision; or
(b) with the consent of the Regulator, submit a proposed revision of the transitional plan for the well in accordance with regulation 5.10.
(3) However, if a titleholder has already applied for acceptance of a new plan for a well when the titleholder would (apart from this subregulation) be required under regulation 5.10 to submit a proposed revision of the transitional plan for the well:
(a) the titleholder must notify the Regulator as soon as practicable, giving details of the circumstance that would otherwise give rise to the requirement; and
(b) subregulation (2) of this regulation does not apply in relation to the transitional plan; and
(c) Division 4 of this Part does not apply in relation to the transitional plan.
Note: If because of such a circumstance (or for any other reason) the Regulator is not satisfied that the new plan meets the criteria set out in regulation 5.08, the Regulator must give the titleholder notice under regulation 5.07 requiring the resubmission of the new plan, giving the titleholder a reasonable opportunity to modify and resubmit the plan.
(4) Paragraph (3)(a) does not apply in relation to a circumstance if:
(a) for a circumstance consisting of the start of a well activity that the transitional plan does not apply to (see subregulation 5.10(1))—the new plan would include that well activity; or
(b) for a circumstance consisting of a significant change to the manner in which risks to the integrity of the well are reduced (see subregulation 5.10(2))—the risk management process to be included in the new plan would allow for that changed manner.
Titleholder must apply for new plan on notification from the Regulator
(5) A titleholder for a transitional plan for a well must apply under regulation 5.06 for acceptance of a new well operations management plan for the well if the Regulator notifies the titleholder that the titleholder is required to do so.
(6) Regulations 5.11 and 5.12 apply in relation to a notification under subregulation (5) of this regulation as if it were a notification of a requirement to submit a proposed revision of the transitional plan for the purposes of subregulation 5.11(1).
Criteria for acceptance of new plan—consistency with directions
(7) If a titleholder is required to apply for acceptance of a new plan under subregulation (2) or (5) because NOPSEMA or the responsible Commonwealth Minister gave the titleholder a direction which is inconsistent with the transitional plan for the well, regulation 5.08 applies in relation to the application as if a criterion for the acceptance of the new plan is that it is consistent with the direction.
Criteria for acceptance of revision to transitional plan
(8) If the Regulator consents to a titleholder submitting a proposed revision of a transitional plan for the well under paragraph (2)(b), the criteria for acceptance of the proposed revision are:
(a) despite subregulation 5.15(1), the criteria mentioned in paragraphs 5.08(b) and (d); and
(b) if applicable to the proposed revision, the criterion mentioned in subregulation 5.15(2).
5.36 When transitional plan ceases to be in force
A transitional plan for a well ceases to be in force:
(a) if a new plan is accepted for the well before the end of the transitional 2‑year period—when the new plan comes into force; or
(b) if an application for acceptance of a new plan for the well is not determined at the end of the transitional 2‑year period:
(i) when the new plan comes into force; or
(ii) in a case in which the application is refused—when notice of refusal is given to the titleholder; or
(c) if the operation of the transitional plan ends under regulation 5.17 before the end of the transitional 2‑year period—when the operation of the transitional plan ends; or
(d) in any other case—at the end of the transitional 2‑year period.
Part 6—Authorisation of petroleum titleholders to conduct greenhouse gas exploration
6.01 Application of Part
This Part applies to a petroleum titleholder who is:
(a) a petroleum exploration permittee; or
(b) a petroleum retention lessee; or
(c) a petroleum production licensee.
6.02 Definitions
In this Part:
authorised activity means:
(a) an activity by a petroleum exploration permittee that is authorised by regulation 6.04; or
(b) an activity by a petroleum retention lessee that is authorised by regulation 6.05; or
(c) an activity by a petroleum production licensee that is authorised by regulation 6.06.
6.03 Requirement to notify about authorised activity in title area
(1) A petroleum titleholder commits an offence if:
(a) the titleholder undertakes an authorised activity in a title area; and
(b) the titleholder does not notify the responsible Commonwealth Minister, in writing, within 7 days after the day that the titleholder began the activity.
Penalty: 60 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
6.04 Authorisation of petroleum exploration permittee
For subsection 98(3) of the Act, a petroleum exploration permittee is authorised in accordance with the conditions (if any) to which the permit is subject:
(a) to explore in the permit area for a potential greenhouse gas storage formation; and
(b) to explore in the permit area for a potential greenhouse gas injection site; and
(c) to carry out such operations and execute such works in the permit area as are necessary for those purposes.
6.05 Authorisation of petroleum retention lessee
For subsection 135(3) of the Act, a petroleum retention lessee is authorised in accordance with the conditions (if any) to which the lease is subject:
(a) to explore in the lease area for a potential greenhouse gas storage formation; and
(b) to explore in the lease area for a potential greenhouse gas injection site; and
(c) to carry out such operations and execute such works in the lease area as are necessary for those purposes.
6.06 Authorisation of petroleum production licensee
For subsection 161(3) of the Act, a petroleum production licensee is authorised in accordance with the conditions (if any) to which the licence is subject:
(a) to explore in the licence area for a potential greenhouse gas storage formation; and
(b) to explore in the licence area for a potential greenhouse gas injection site; and
(c) to carry out such operations and execute such works in the licence area as are necessary for those purposes.
Part 7—Data management—petroleum titleholders
Division 1—Requirements for keeping information
7.01 Purpose of Division
For paragraph 698(1)(a) of the Act, the purpose of this Division is to set out requirements for and in relation to petroleum titleholders keeping accounts, records and other documents in connection with operations in an offshore area.
7.02 Requirement to securely retain information
A petroleum titleholder commits an offence if the titleholder:
(a) keeps accounts, records or other documents in connection with an operation in an offshore area; and
(b) does not securely retain the accounts, records and other documents.
Penalty: 30 penalty units.
7.03 Requirement to retain information so that retrieval is reasonably practicable
A petroleum titleholder commits an offence if the titleholder:
(a) keeps accounts, records or other documents in connection with an operation in an offshore area; and
(b) does not retain the accounts, records or other documents so that retrieval of the accounts, records or other documents is reasonably practicable.
Penalty: 30 penalty units.
Division 2—Requirements for collection and retention of cores, cuttings and samples
7.04 Purpose of Division
For paragraph 698(1)(b) of the Act, the purpose of this Division is to set out requirements for and in relation to petroleum titleholders collecting and retaining cores, cuttings and samples in connection with operations in an offshore area.
7.05 Requirement to retain core, cutting or sample
A petroleum titleholder commits an offence if the titleholder:
(a) undertakes an operation in an offshore area; and
(b) collects a core, cutting or sample relating to the operation; and
(c) does not retain the core, cutting or sample.
Penalty: 30 penalty units.
7.06 Requirement to retain core, cutting or sample in Australia
(1) A petroleum titleholder commits an offence if:
(a) the titleholder undertakes an operation in an offshore area; and
(b) the titleholder collects a core, cutting or sample relating to the operation; and
(c) the titleholder does not retain the core, cutting or sample in Australia; and
(d) the Titles Administrator has not authorised the titleholder to retain the core, cutting or sample outside Australia.
Penalty: 30 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
7.07 Requirement to return core, cutting or sample to Australia
(1) A petroleum titleholder commits an offence if:
(a) the Titles Administrator has authorised the titleholder to keep a core, cutting or sample outside Australia; and
(b) the titleholder does not ensure that the core, cutting or sample is returned to Australia within:
(i) 12 months after the authorisation being given; or
(ii) a longer period authorised by the Titles Administrator.
Penalty: 30 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
7.08 Requirement to provide report about overseas analysis of core, cutting or sample
(1) A petroleum titleholder commits an offence if:
(a) the Titles Administrator has authorised the titleholder to keep a core, cutting or sample outside Australia for the purpose of analysis; and
(b) the titleholder does not give the Titles Administrator a report about the progress of the analysis within:
(i) the period of 12 months beginning when the authorisation is given; and
(ii) the end of each subsequent period of 12 months.
Penalty: 60 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
7.09 Requirement to securely retain core, cutting or sample
A petroleum titleholder commits an offence if the titleholder:
(a) collects a core, cutting or sample in connection with an operation in an offshore area; and
(b) does not securely retain the core, cutting or sample.
Penalty: 30 penalty units.
7.10 Requirement to retain core, cutting or sample so that retrieval is reasonably practicable
A petroleum titleholder commits an offence if the titleholder:
(a) collects a core, cutting or sample in connection with an operation in an offshore area; and
(b) does not retain the core, cutting or sample so that retrieval of the core, cutting or sample is reasonably practicable.
Penalty: 30 penalty units.
Division 3—Requirements for giving reports and samples
Subdivision 3.1—Preliminary
7.11 Purpose of Division
For paragraph 698(1)(c) of the Act the purpose of this Division is to set out requirements for petroleum titleholders to give reports, cores, cuttings or samples to the Titles Administrator.
Subdivision 3.2—Reports about drilling wells
7.12 Requirement for daily drilling report
(1) A petroleum titleholder commits an offence if the titleholder:
(a) undertakes drilling operations in a title area on a day; and
(b) does not give the Titles Administrator a daily drilling report by midday on the day after the day to which the report relates.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) In this regulation:
daily drilling report means a report that includes:
(a) the name of the well; and
(b) the location of the well by latitude and longitude; and
(c) the water depth at the well; and
(d) the drilled depth; and
(e) the work carried out; and
(f) the lithology of formations penetrated; and
(g) details of any indication of hydrocarbons; and
(h) a summary of the material used; and
(i) drilling fluid losses; and
(j) a leak off test summary; and
(k) the geometry of the well bore; and
(l) the results of surveys made in the well bore; and
(m) the estimated daily and cumulative well costs.
7.13 Requirement for initial well completion report and data
(1) A petroleum titleholder commits an offence if the titleholder:
(a) undertakes drilling operations in a title area; and
(b) does not give the Titles Administrator an initial well completion report and all initial well completion data within:
(i) 6 months after the rig release date; or
(ii) if the Titles Administrator authorises the titleholder to give the report and data within another period—the other period.
Penalty: 50 penalty units.
(2) In this regulation:
initial well completion data means each type of data mentioned in Schedule 1:
(a) presented on a medium and in a format specified in the item; or
(b) presented on another medium or in another format that the Titles Administrator has authorised the petroleum titleholder to use.
initial well completion report means a report that includes all of the information listed in subregulation (3).
(3) For the definition of initial well completion report in subregulation (2), the information required is in the following table.
Item | Information required |
1 | The name of the well |
2 | The name of the title area in which the well is located |
3 | The location of the well, in the form of: (a) latitude and longitude; and (b) map sheet name and graticular block number; and (c) seismic line location and shotpoint number |
4 | The results of a check survey of the location of: (a) for a subsea well—the wellhead; or (b) in any other case—the top of the casing supporting the blow‑out preventer |
5 | If the well is a sidetrack—the name of the parent well |
6 | The names of the rig contractor and rig operator |
7 | The name of the rig drilling the well |
8 | The rig’s make and model |
9 | The names of the contractors for: (a) cementing; and (b) wireline logging; and (c) measurements while drilling (MWD); and (d) logging while drilling (LWD); and (e) mudlogging |
10 | Names of MWD and LWD tools used |
11 | List of log runs for wireline logging and velocity surveys |
12 | The purpose of the well (for example development, appraisal, exploration or stratigraphy) |
13 | The outcome of the well operation (for example completion of the well as a producer, suspension or abandonment) |
14 | Raw pressure‑time listings for any formation fluid sample tests and production tests |
15 | The spud date |
16 | The rig release date |
17 | What is being used as the depth reference for the well (for example the Kelly bushing or the rig floor) |
18 | The height of the depth reference above sea level |
19 | The water depth at the well |
20 | The measured depth of the well |
21 | The true vertical depth of the well |
22 | If applicable, the depth of perforation in the petroleum reservoir |
23 | The date on which the total depth was reached |
24 | If the well is deviated or horizontal: (a) the surveyed path of the well; and (b) the coordinates of the bottom of the well bore; and (c) if applicable, the coordinates and true vertical depth of the intersection of the well with the reservoir horizon |
25 | Particulars of equipment and casing installed on or in the well, including schematics |
26 | If applicable, information on cementing operations and schematics of abandonment |
27 | Bit records |
28 | Drilling fluids used |
29 | Drilling fluid losses |
30 | List of cores, cuttings and samples taken, and their depths and intervals |
7.14 Requirement for final well completion report and data
(1) A petroleum titleholder commits an offence if the titleholder:
(a) undertakes drilling operations in a title area; and
(b) does not give the Titles Administrator a final well completion report and all final well completion data within:
(i) 18 months after the rig release date; or
(ii) if the Titles Administrator authorises the titleholder to give the report and data within another period—the other period.
Penalty: 50 penalty units.
(2) In this regulation:
final well completion data means each type of data mentioned in Schedule 2:
(a) presented on a medium and in a format specified in the item; or
(b) presented on another medium or in another format that the Titles Administrator has authorised the petroleum titleholder to use.
final well completion report means a report that includes all of the information listed in subregulation (3).
(3) For the definition of final well completion report in subregulation (2), the information required is in the following table.
Item | Information required |
1 | The name of the well |
2 | The name of the title area in which the well is located |
3 | The location of the well, in the form of: (a) latitude and longitude; and (b) map sheet name and graticular block number; and (c) seismic line location and shotpoint number; and |
4 | If the well is a sidetrack—the name of the parent well |
5 | The names of the rig contractor and rig operator |
6 | The name of the rig drilling the well |
7 | The rig’s make and model |
8 | The names of the contractors for: (a) cementing; and (b) wireline logging; and (c) measurements while drilling (MWD); and (d) logging while drilling (LWD); and (e) mudlogging |
9 | The purpose of the well (for example development, appraisal, exploration or stratigraphy) |
10 | The outcome of the well operation (for example completion of the well as a producer, suspension or abandonment) |
11 | Raw pressure‑time listings for any formation fluid sample tests and production tests |
12 | The spud date |
13 | The rig release date |
14 | What is being used as the depth reference for the well (for example the Kelly bushing or the rig floor) |
15 | The height of the depth reference above sea level |
16 | The water depth at the well |
17 | The measured depth of the well |
18 | The true vertical depth of the well |
19 | If applicable, the depth of perforation in the petroleum reservoir |
20 | The date on which the total depth was reached |
21 | If the well is deviated or horizontal: (a) the surveyed path of the well; and (b) the coordinates of the bottom of the well bore; and (c) if applicable, the coordinates and true vertical depth of the intersection of the well with the reservoir horizon |
22 | Particulars of equipment and casing installed on or in the well, including schematics |
23 | Bit records |
24 | Drilling fluids used |
25 | Drilling fluid losses |
26 | List of cores, cuttings and samples taken, and their depths and intervals |
27 | List of logs acquired |
28 | Details of any hydrocarbon indications |
29 | The measured depth and true vertical depth of marker horizons or formation tops |
30 | Geological interpretations of the observations made as a result of drilling the well, including: (a) lithology; and (b) stratigraphy; and (c) reservoir properties and quality; and (d) geochemistry of source rocks if available; and (e) environment of deposition if available |
31 | Wireline formation test results |
32 | Production test results |
33 | Core analysis |
34 | If the well is an exploration well—the relevance of the observations and interpretations to the evaluation of the hydrocarbon potential of the area |
Subdivision 3.3—Reports about geophysical and geological surveys
7.15 Requirement for weekly survey report
(1) A petroleum titleholder commits an offence if the titleholder:
(a) undertakes a geophysical or geological survey in a title area; and
(b) does not give the Titles Administrator a weekly survey report as soon as practicable after the end of each week of the survey.
Penalty: 50 penalty units.
(2) In this regulation:
weekly survey report means a report that includes:
(a) the name of the survey; and
(b) the title under which the survey is being conducted; and
(c) the name of the titleholder; and
(d) the name of the contractor conducting the survey; and
(e) the name of the vessel or aircraft conducting the survey; and
(f) a map showing where the survey was conducted during the week; and
(g) the number of kilometres or square kilometres for which data was acquired during the week; and
(h) the number of points at which data was acquired during the week; and
(i) the number of lines of data acquired during the week; and
(j) the amount of downtime during the week due to equipment problems, bad weather or other circumstances; and
(k) the percentage of the survey completed at the end of the week.
week of the survey means:
(a) the week starting on the first day of data acquisition; and
(b) each subsequent week.
7.16 Requirement for survey acquisition report and data
(1) A petroleum titleholder commits an offence if the titleholder:
(a) undertakes a geophysical or geological survey in a title area; and
(b) does not give the Titles Administrator a survey acquisition report and all survey acquisition data within:
(i) 18 months after the day that the acquisition of the data is completed; or
(ii) if the Titles Administrator authorises the titleholder to give the report and data within another period—the other period.
Penalty: 50 penalty units.
(2) In this regulation:
survey acquisition data means:
(a) for a seismic survey—each type of data mentioned in an item in Part 1 of Schedule 3:
(i) presented on a medium and in a format specified in the item; or
(ii) presented on another medium or in another format that the Titles Administrator has authorised the petroleum titleholder to use; or
(b) for any other type of survey—each type of data mentioned in an item in Part 2 of Schedule 3 and presented in accordance with subparagraph (a)(i) or (ii).
survey acquisition report means a report that includes:
(a) the name of the survey; and
(b) the title under which the survey was conducted; and
(c) the name of the titleholder; and
(d) the name of the contractor that conducted the survey; and
(e) the name of the vessel or aircraft that conducted the survey; and
(f) a map of where the survey was conducted; and
(g) the dates on which the survey started and ended; and
(h) details of all data acquisition equipment and systems used; and
(i) details of all positioning and navigation equipment and systems used; and
(j) the number of lines of data acquired in the survey and the number of data acquisition points along each line; and
(k) navigation data for the survey, in the form of:
(i) for a 2‑dimensional survey—line ends and bends; or
(ii) for a 3‑dimensional seismic survey—a full fold polygon outline; or
(iii) for other 3‑dimensional surveys—a polygon outline; and
(l) the geometry of the acquisition parameters; and
(m) the results of any onboard data processing; and
(n) the results of any system tests, calibrations and diagnostics.
7.17 Requirement for survey processing report and data
(1) A petroleum titleholder commits an offence if the titleholder:
(a) undertakes a geophysical or geological survey in a title area; and
(b) does not give the Titles Administrator a survey processing report and all processed survey data within:
(i) 24 months after the day that the acquisition of the data is completed; or
(ii) if the Titles Administrator authorises the titleholder to give the report and data within another period—the other period.
Penalty: 50 penalty units.
(2) In this regulation:
processed survey data means:
(a) for a 2‑dimensional seismic survey—each type of data mentioned in an item in Part 1 of Schedule 4:
(i) presented on a medium and in a format specified in the item; or
(ii) presented on another medium or in another format that the Titles Administrator has authorised the petroleum titleholder to use; or
(b) for a 3‑dimensional seismic survey—each type of data mentioned in an item in Part 2 of Schedule 4 and presented in accordance with subparagraph (a)(i) or (ii); or
(c) for any other type of survey—each type of data mentioned in an item in Part 3 of Schedule 4 and presented in accordance with subparagraph (a)(i) or (ii).
survey processing report means a report that includes:
(a) the name of the survey; and
(b) the title under which the survey was conducted; and
(c) the name of the titleholder; and
(d) the dates on which processing of the survey started and ended; and
(e) the name of the processing contractor; and
(f) the purpose of the processing; and
(g) a summary of the data acquisition parameters; and
(h) details of all the processing sequences and techniques used; and
(i) a sample Extended Binary Coded Decimal Interchange Code (EBCDIC) header from the final data set; and
(j) listings of all processed data; and
(k) for a 3‑dimensional survey:
(i) a description of the position of the survey polygon; and
(ii) a calculation for the 3‑dimensional line numbering convention.
7.18 Requirement for survey interpretation report and data
(1) A petroleum titleholder commits an offence if the titleholder:
(a) undertakes a geophysical or geological survey in a title area; and
(b) does not give the Titles Administrator a survey interpretation report and interpretative survey data within:
(i) 30 months after the day that the acquisition of the data is completed; or
(ii) if the Titles Administrator authorises the titleholder to give the report and data within another period—the other period.
Penalty: 50 penalty units.
(2) In this regulation:
interpretative survey data means each type of data mentioned in an item in Schedule 5:
(a) presented on a medium and in a format specified in the item; or
(b) presented on another medium or in another format that the Titles Administrator has authorised the titleholder to use.
survey interpretation report means a report that includes the following information:
(a) the name of the survey;
(b) the title under which the survey was conducted;
(c) the name of the titleholder;
(d) a description of the objectives of the interpretation;
(e) for a seismic survey:
(i) a list of the surfaces interpreted; and
(ii) a justification of the surfaces interpreted, including synthetic seismograms if available; and
(iii) the velocity field used to convert time to depth (including ASCII data) and the basis for the velocity field; and
(iv) if available, time slices to describe the environment of deposition;
(f) a bathymetric map of the survey area;
(g) an index of the maps created during the interpretation.
Subdivision 3.4—Other reports
7.19 Requirement for monthly report from petroleum production licensee
(1) A petroleum production licensee commits an offence if the licensee does not give the Titles Administrator a monthly production report for a licence area within the period:
(a) starting on the last day of the named month to which the report relates; and
(b) ending 15 days after that day.
Penalty: 50 penalty units.
(2) In this regulation:
monthly production report means a report that includes:
(a) for each well in the licence area:
(i) the well’s identification name and number; and
(ii) a summary of all work that has been performed on the well during the month; and
(iii) the results of production tests for the well, including the parameters of the test; and
(iv) the well’s operational status at the end of the month; and
(v) the number of days of production during the month; and
(vi) the cumulative quantities of water and of liquid and gaseous petroleum produced or injected as at the end of the month; and
(b) for the licence area, the total quantities of each of the following for the month:
(i) liquid and gaseous petroleum produced;
(ii) liquid and gaseous petroleum used;
(iii) liquid and gaseous petroleum injected;
(iv) gaseous petroleum flared or vented;
(v) liquid petroleum stored;
(vi) liquid and gaseous petroleum delivered from the area;
(vii) water produced;
(viii) water injected; and
(c) the cumulative quantities of liquid and gaseous petroleum, and of water, that have been produced or injected as at the end of the month.
Subdivision 3.5—Cores, cuttings and samples
7.20 Requirement to give core, cutting or sample
(1) A petroleum titleholder commits an offence if the titleholder:
(a) drills a well or conducts another operation on a well in a title area; and
(b) collects a kind of core, cutting or sample mentioned in an item in the table in subregulation (4); and
(c) does not give the core, cutting or sample to the Titles Administrator within:
(i) the time specified for that item; or
(ii) if the Titles Administrator authorises the titleholder to give the core, cutting or sample in another period—the other period.
Penalty: 60 penalty units.
Note: Division 2 sets out requirements for the collection and keeping of cores, cuttings and samples.
(2) The titleholder must give the Titles Administrator the quantity of the core, cutting or sample specified for that item if that quantity is available.
(3) If the specified quantity is not available, the titleholder must:
(a) give the Titles Administrator an explanation why the specified quantity was not sent; and
(b) tell the Titles Administrator the total amount of the core, cutting or sample that was recovered.
(4) Kinds of core, cutting or sample mentioned in paragraph (1)(b) are set out in the following table.
Item | Sample type | Quantity of core, cutting or sample | Time by which core, cutting or sample must be given |
1 | Ditch cuttings | 2 sets of 200 grams dry weight per sample interval | The day 6 months after the rig release date |
2 | Full hole conventional cores | 1/3 of the core | The day 6 months after the rig release date |
3 | Full hole conventional cores | 2/3 of the core | As soon as practicable after the titleholder completes tests on the core |
4 | Gaseous hydrocarbon samples | 300 cm3 | As soon as practicable after completion of the test during which the sample is collected |
5 | Fluid hydrocarbon samples | 1 litre | Either: (a) if the sample is collected during the drilling of a well—the day 6 months after the rig release date; or (b) if the sample is collected during a test on a completed well—as soon as practicable after collection of the sample |
6 | Sidewall core material | All material collected | The day 18 months after the rig release date |
7 | Palynological slides and residues, Paleontological material and Petrological slides | All material collected | The day 18 months after the rig release date |
Part 8—Release of technical information about petroleum
Division 1—Preliminary
8.01 Definitions
In this Part:
basic information means documentary information that is not interpretative information.
disclosable information means documentary information that is not permanently confidential information.
documentary information has the meaning given by section 711 of the Act.
interpretative information has the meaning given by regulation 8.03.
permanently confidential information has the meaning given by regulation 8.02.
petroleum mining sample has the meaning given by section 711 of the Act.
Division 2—Classification of documentary information
8.02 Meaning of permanently confidential information
(1) This regulation sets out the 4 situations in which documentary information is permanently confidential information.
Excluded information is permanently confidential
(2) Despite anything else in this Division, excluded information is permanently confidential information.
Note: Excluded information is defined in regulation 1.06.
Titles Administrator classifies as permanently confidential
(3) Documentary information given by a person to the Titles Administrator is permanently confidential information if the Titles Administrator considers the information to be:
(a) a trade secret; or
(b) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs.
Titles Administrator does not dispute classification
(4) Documentary information given by a person to the Titles Administrator is permanently confidential information if:
(a) when the information was given, the person told the Titles Administrator in writing that the person classified the information as:
(i) a trade secret; or
(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs; and
(b) the Titles Administrator did not give the person a written notice under subregulation 8.04(1) disputing the classification.
Titles Administrator disputes classification and objection is in force
(5) Documentary information given by a person to the Titles Administrator is permanently confidential information if:
(a) when the information was given, the person told the Titles Administrator in writing that the person classified the information as:
(i) a trade secret; or
(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs; and
(b) the Titles Administrator gave the person a written notice under subregulation 8.04(1) disputing the classification; and
(c) either:
(i) the time for making an objection in response to the notice has not elapsed; or
(ii) the person has made an objection in response to the notice, and the objection remains in force.
8.03 Meaning of interpretative information
(1) This regulation sets out the 3 situations in which documentary information is interpretative information.
Titles Administrator classifies as interpretative
(2) Documentary information given by a person to the Titles Administrator is interpretative information if the Titles Administrator considers the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information.
Titles Administrator does not dispute classification
(3) Documentary information given by a person to the Titles Administrator is interpretative information if:
(a) when the information was given, the person told the Titles Administrator in writing that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and
(b) the Titles Administrator did not give the person a written notice under subregulation 8.04(2) disputing the classification.
Titles Administrator disputes classification and objection to disclosure is in force
(4) Documentary information given by a person to the Titles Administrator is interpretative information if:
(a) when the information was given, the person told the Titles Administrator in writing that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and
(b) the Titles Administrator gave the person a written notice under subregulation 8.04(2) disputing the classification; and
(c) either:
(i) the time for making an objection in response to the notice has not elapsed; or
(ii) the person has made an objection in response to the notice, and the objection remains in force.
8.04 Classification dispute notice
Classification dispute notice for permanently confidential information
(1) The Titles Administrator may give a person a written notice disputing the classification of documentary information as permanently confidential information if:
(a) the person gave the documentary information to the Titles Administrator; and
(b) when the information was given, the person told the Titles Administrator in writing that the person classified the information as:
(i) a trade secret; or
(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs; and
(c) the Titles Administrator does not consider the information to be:
(i) a trade secret; or
(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs.
Classification dispute notice for interpretative information
(2) The Titles Administrator may give a person a written notice disputing the classification of documentary information as interpretative information if:
(a) the person gave the documentary information to the Titles Administrator; and
(b) when the information was given, the person told the Titles Administrator in writing that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and
(c) the Titles Administrator does not consider the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information.
Timing of notice
(3) A notice under subregulation (1) or (2) must be given within 30 days after the Titles Administrator receives the documentary information to which it relates.
Notices may be combined
(4) The Titles Administrator may combine 2 or more notices to the same person under subregulation (1) or (2), or both, into a single notice.
Contents of notice
(5) A notice must include the following:
(a) if the notice is given under subregulation (1)—a statement that the Titles Administrator considers the information to be disclosable information and proposes to treat it as disclosable information under this Part;
(b) if the notice is given under subregulation (2)—a statement that the Titles Administrator considers the information to be basic information and proposes to treat it as basic information under this Part;
(c) a statement inviting the person to make a written objection to the Titles Administrator’s proposal to treat the information as:
(i) if the notice is given under subregulation (1)—disclosable information; and
(ii) if the notice is given under subregulation (2)—basic information;
(d) the date by which a written objection must be given to the Titles Administrator;
(e) a statement that if the person does not make a written objection by the specified date, the information will be taken under this Part to be:
(i) if the notice is given under subregulation (1)—disclosable information; and
(ii) if the notice is given under subregulation (2)—basic information.
(6) For paragraph (5)(d), the date must be at least 45 days after the date the notice is issued.
8.05 Making an objection
(1) If a person has received a notice from the Titles Administrator under regulation 8.04, the person may make an objection to the classification of the information.
(2) The objection may relate to all of the information described in the notice, or a specified part of the information.
(3) If the notice is given under both subregulations 8.04(1) and (2), the objection must state whether the objection is:
(a) on the ground that the information should be treated as permanently confidential information; or
(b) on the ground that the information should be treated as interpretative information; or
(c) on both grounds.
(4) The objection must be made in writing to the Titles Administrator on or before the date specified in the notice.
(5) A valid objection remains in force until it ceases to be in force under regulation 8.08.
8.06 Consideration of objection by Titles Administrator
(1) If the Titles Administrator receives a valid objection from a person, the Titles Administrator must consider the objection and decide whether to allow or disallow the objection.
(2) The Titles Administrator may allow the objection for part of the documentary information to which it relates, and disallow the objection for another part.
(3) The Titles Administrator must notify the person in writing of the Titles Administrator’s decision within 45 days after the Titles Administrator receives the objection.
(4) The notice of decision under subregulation (3) must state that the person may ask the responsible Commonwealth Minister to review the decision in accordance with regulation 8.07.
8.07 Review of Title Administrator’s decision by Minister
(1) For subsection 718(2) of the Act, a person may, in writing, ask the responsible Commonwealth Minister to review a decision by the Titles Administrator under regulation 8.06 to disallow an objection.
(2) The request:
(a) must be given to the Minister within 30 days after the day that the person was given notice of the Titles Administrator’s decision; and
(b) must set out the grounds for making the request.
(3) The person may withdraw the request by written notice given to the Minister.
(4) The Minister must, within 45 days after receiving the request, review the Titles Administrator’s decision and:
(a) confirm the Titles Administrator’s decision to disallow the objection; or
(b) revoke the Titles Administrator’s decision and substitute another decision for it.
(5) A decision made by the Minister in substitution for the Titles Administrator’s decision may allow the objection for part of the documentary information to which it relates, and disallow the objection for another part.
(6) The Minister must notify the person in writing of the Minister’s decision as soon as practicable after making the decision.
8.08 When objection ceases to be in force
An objection made by a person under regulation 8.05 ceases to be in force if:
(a) the person withdraws the objection by notifying the Titles Administrator in writing; or
(b) the Titles Administrator disallows the objection, and the person does not seek review of the decision within the time allowed for an application for review; or
(c) the Titles Administrator disallows the objection, all reviews of the Titles Administrator’s decision have been finalised, and the decision standing after all reviews have been finalised is that the objection is disallowed.
Division 3—Release of documentary information
8.09 Purpose of Division
For paragraphs 712(2)(c) and 715(2)(c) of the Act, this Division sets out the circumstances in which the Titles Administrator or responsible Commonwealth Minister may:
(a) make documentary information publicly known; or
(b) make documentary information available to a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory).
8.10 Release of open information about wells and surveys
Despite anything else in this Division, the Titles Administrator or responsible Commonwealth Minister may make open information about a well or open information about a survey publicly known at any time.
8.11 Release of basic disclosable information
(1) The Titles Administrator or responsible Commonwealth Minister may make documentary information publicly known or make the documentary information available to a person if:
(a) it is basic information; and
(b) it is disclosable information; and
(c) the relevant day for the information has passed.
Relevant day for seismic surveys
(2) Subject to subregulation (3), the relevant days for information relating to seismic surveys are set out in the following table.
Item | Type of seismic survey | Relevant day |
1 | A survey that collected exclusive data, if the survey was conducted under a petroleum title that is still in force | The day 3 years after the acquisition of the data was completed |
3 | A survey that collected exclusive data, if the survey was conducted under a petroleum title that: (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title | The day of the expiry, surrender, cancellation, revocation or termination |
4 | A survey that collected 2D seismic data as non‑exclusive data | The day 15 years after the acquisition of the data was completed |
5 | A survey that collected 3D seismic data as non‑exclusive data if either: (a) the 3D data; or (b) 2D data extracted from the 3D data, contained in a seismic extracted data grid; was required to be produced as a condition of the grant of a petroleum title | For the 3D data—the day 15 years after the acquisition of the data was completed For the extracted 2D data—the day 5 years after the acquisition of the 3D data was completed |
6 | A survey that collected 3D seismic data as non‑exclusive data if neither: (a) the 3D data; nor (b) 2D data extracted from the 3D data, contained in a seismic extracted data grid; was required to be produced as a condition of the grant of a petroleum title | For the 3D data—the day 15 years after the acquisition of the data was completed For the extracted 2D data—the day 6 years after the acquisition of the 3D data was completed |
(3) If data from a seismic survey has been reprocessed as a condition of the grant of a petroleum title, the relevant day for the documentary information obtained from the reprocessing is the later of:
(a) the relevant day under subregulation (2) for the information relating to the original survey; and
(b) 3 years after the last day of the year of the term of the title during which the reprocessing was done.
Note: Year of the term is defined in section 10 of the Act. A year of the term of a title commences on the day that the title comes into force or on any anniversary of that day.
Relevant day for other geophysical and geological surveys
(4) The relevant days for documentary information relating to geophysical and geological surveys (other than seismic surveys) are set out in the following table.
Item | Type of survey | Relevant day |
1 | A survey that was conducted under a petroleum production licence, petroleum exploration permit, petroleum retention lease or scientific investigation consent that is still in force | The day 3 years after the acquisition of the data was completed |
3 | A survey that was conducted under a petroleum exploration permit, petroleum retention lease, petroleum production licence or scientific investigation consent that: (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title | The day of the expiry, surrender, cancellation, revocation or termination |
4 | A survey conducted under a petroleum special prospecting authority or petroleum access authority that collected exclusive data, if the authority is still in force | The day 3 years after the acquisition of the data was completed |
5 | A survey conducted under a petroleum special prospecting authority or petroleum access authority that collected exclusive data, if the authority: (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the authority | The day of the expiry, surrender, cancellation, revocation or termination |
6 | A survey conducted under a petroleum special prospecting authority or petroleum access authority that collected non‑exclusive data | The day 6 years after the acquisition of the data was completed |
Relevant day for well operations
(5) The relevant days for documentary information relating to wells are set out in the following table.
Item | If the regulated operation to which the information relates was conducted under … | the relevant day is … |
1 | a petroleum title that is still in force | the day 2 years after the end of the operation |
3 | a petroleum title that: (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title | the day of the expiry, surrender, cancellation, revocation or termination |
Note: End of the operation is defined in regulation 1.05.
8.12 Release of interpretative disclosable information
The Titles Administrator or responsible Commonwealth Minister may make documentary information publicly known or make documentary information available to a person if:
(a) it is interpretative information; and
(b) it is disclosable information; and
(c) the information relates to the sea‑bed or subsoil, or to petroleum, in a block; and
(d) it is more than 5 years after the end of the operation to which the information relates.
Note: End of the operation is defined in regulation 1.05.
8.13 Release of documentary information—prior availability or consent
(1) Subject to subregulation (2), the Titles Administrator or responsible Commonwealth Minister may make documentary information publicly known or make documentary information available to a person if:
(a) the petroleum titleholder who gave the information to the Titles Administrator has made the information publicly known; or
(b) the petroleum titleholder who gave the information to the Titles Administrator has consented in writing to the information being made publicly known or made available, as the case may be.
(2) If the documentary information relating to a block was given to the Titles Administrator under a petroleum special prospecting authority, a petroleum access authority or a petroleum scientific investigation consent, subregulation (1) applies only if the information relates to a period when no permit, lease or licence was in force over the block.
8.13A Release of documentary information—Petroleum and Other Fuels Reporting Act 2017
(1) The Titles Administrator may make documentary information available to an officer of the Energy Department if the Titles Administrator is satisfied that the information will enable or assist an officer of the Energy Department to perform or exercise any function or power under the Petroleum and Other Fuels Reporting Act 2017.
(2) The Energy Department is the Department administered by the Minister administering the Petroleum and Other Fuels Reporting Act 2017.
Division 4—Release of petroleum mining samples
8.14 Purpose of Division
For paragraph 713(2)(c) of the Act, this Division sets out the circumstances in which the Titles Administrator or responsible Commonwealth Minister may:
(a) make publicly known any details of a petroleum mining sample; or
(b) permit a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect a petroleum mining sample.
8.15 Release of petroleum mining samples after relevant day
(1) The Titles Administrator or responsible Commonwealth Minister may make publicly known details of a petroleum mining sample or permit a person to inspect the sample if the relevant day for the sample has passed.
(2) The relevant days for petroleum mining samples are set out in the following table.
Item | If the regulated operation to which the sample relates was conducted under … | the relevant day is … |
1 | a petroleum production licence that is still in force | the day 1 year after the end of the operation |
2 | a petroleum title, other than a petroleum production licence, that is still in force | the day 2 years after the end of the operation |
3 | a petroleum title that: (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title | the day of the expiry, surrender, cancellation, revocation or termination |
8.16 Release of petroleum mining samples – prior availability or consent
(1) Subject to subregulation (2), the Titles Administrator or responsible Commonwealth Minister may make publicly known any details of a petroleum mining sample or permit a person to inspect the sample if:
(a) the petroleum titleholder who gave the sample to the Titles Administrator has made publicly known those details of the sample; or
(b) the petroleum titleholder who gave the sample to the Titles Administrator has caused to be made publicly known those details of the sample; or
(c) the petroleum titleholder who gave the sample to the Titles Administrator has consented in writing to details of the sample being made publicly known or to the sample being made available for inspection.
(2) If a petroleum mining sample from a block was given to the Titles Administrator under a petroleum special prospecting authority, a petroleum access authority or a petroleum scientific investigation consent, subregulation (1) only applies if the sample was obtained during a period when no permit, lease or licence was in force over the block.
Part 9—Data management—greenhouse gas titleholders
Division 1—Requirements to keep information
9.01 Purpose of Division
For paragraph 724(1)(a) of the Act, the purpose of this Division is to set out requirements for and in relation to greenhouse gas titleholders keeping accounts, records and other documents in connection with operations in an offshore area.
9.02 Requirement to securely retain information
A greenhouse gas titleholder commits an offence if the titleholder:
(a) keeps accounts, records or other documents in connection with an operation in an offshore area; and
(b) does not securely retain the accounts, records and other documents.
Penalty: 30 penalty units.
9.03 Requirement to retain information so that retrieval is reasonably practicable
A greenhouse gas titleholder commits an offence if the titleholder:
(a) keeps accounts, records or other documents in connection with an operation in an offshore area; and
(b) does not retain the accounts, records or other documents so that retrieval of the accounts, records or other documents is reasonably practicable.
Penalty: 30 penalty units.
Division 2—Requirements for collection and retention of cores, cuttings and samples
9.04 Purpose of Division
For paragraph 724(1)(b) of the Act, the purpose of this Division is to set out requirements for and in relation to greenhouse gas titleholders collecting and retaining cores, cuttings and samples in connection with operations in an offshore area.
9.05 Requirement to retain core, cutting or sample
A greenhouse gas titleholder commits an offence if the titleholder:
(a) undertakes an operation in an offshore area; and
(b) collects a core, cutting or sample relating to the operation; and
(c) does not retain the core, cutting or sample.
Penalty: 30 penalty units.
9.06 Requirement to retain core, cutting or sample in Australia
(1) A greenhouse gas titleholder commits an offence if:
(a) the titleholder undertakes an operation in an offshore area; and
(b) the titleholder collects a core, cutting or sample relating to the operation; and
(c) the titleholder does not retain the core, cutting or sample in Australia; and
(d) the Titles Administrator has not authorised the titleholder to retain the core, cutting or sample outside Australia.
Penalty: 30 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
9.07 Requirement to return core, cutting or sample to Australia
(1) A greenhouse gas titleholder commits an offence if:
(a) the Titles Administrator has authorised the titleholder to keep a core, cutting or sample outside Australia; and
(b) the titleholder does not ensure that the core, cutting or sample is returned to Australia within:
(i) 12 months after the authorisation being given; or
(ii) a longer period authorised by the Titles Administrator.
Penalty: 30 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
9.08 Requirement to provide report about overseas analysis of core, cutting or sample
(1) A greenhouse gas titleholder commits an offence if:
(a) the Titles Administrator has authorised the titleholder to keep a core, cutting or sample outside Australia for the purpose of analysis; and
(b) the titleholder does not give the Titles Administrator a report about the progress of the analysis within:
(i) the period of 12 months beginning when the authorisation is given; and
(ii) the end of each subsequent period of 12 months.
Penalty: 60 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
9.09 Requirement to securely retain core, cutting or sample
A greenhouse gas titleholder commits an offence if the titleholder:
(a) collects a core, cutting or sample in connection with an operation in an offshore area; and
(b) does not securely retain the core, cutting or sample.
Penalty: 30 penalty units.
9.10 Requirement to retain core, cutting or sample so that retrieval is reasonably practicable
A greenhouse gas titleholder commits an offence if the titleholder:
(a) collects a core, cutting or sample in connection with an operation in an offshore area; and
(b) does not retain the core, cutting or sample so that retrieval of the core, cutting or sample is reasonably practicable.
Penalty: 30 penalty units.
Division 3—Requirements for giving reports and samples
Subdivision 3.1—Preliminary
9.11 Purpose of Division
For paragraph 724(1)(c) of the Act the purpose of this Division is to set out requirements for greenhouse gas titleholders to give reports and cores, cuttings or samples to the Titles Administrator.
Subdivision 3.2—Reports about drilling wells
9.12 Requirement for daily drilling report
(1) A greenhouse gas titleholder commits an offence if the titleholder:
(a) undertakes drilling operations in a title area on a day; and
(b) does not give the Titles Administrator a daily drilling report by midday on the day after the day to which the report relates.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) In this regulation:
daily drilling report means a report that includes:
(a) the name of the well; and
(b) the location of the well by latitude and longitude; and
(c) the water depth at the well; and
(d) the drilled depth; and
(e) the work carried out; and
(f) the lithology of formations penetrated; and
(g) details of any indication of hydrocarbons; and
(h) a summary of the material used; and
(i) drilling fluid losses; and
(j) a leak off test summary; and
(k) the geometry of the well bore; and
(l) the results of surveys made in the well bore; and
(m) the estimated daily and cumulative well costs.
9.13 Requirement for initial well completion report and data
(1) A greenhouse gas titleholder commits an offence if the titleholder:
(a) undertakes drilling operations in a title area; and
(b) does not give the Titles Administrator an initial well completion report and all initial well completion data within:
(i) 6 months after the rig release date; or
(ii) if the Titles Administrator authorises the titleholder to give the report and data within another period—the other period.
Penalty: 50 penalty units.
(2) In this regulation:
initial well completion data means each type of data mentioned in Schedule 1:
(a) presented on a medium and in a format specified in the item; or
(b) presented on another medium or in another format that the Titles Administrator has authorised the greenhouse gas titleholder to use.
initial well completion report means a report that includes all of the information listed in subregulation (3).
(3) For the definition of initial well completion report in subregulation (2), the information required is in the following table.
Item | Information required |
1 | The name of the well |
2 | The name of the title area in which the well is located |
3 | The location of the well, in the form of: (a) latitude and longitude; and (b) map sheet name and graticular block number; and (c) seismic line location and shotpoint number |
4 | The results of a check survey of the location of: (a) for a subsea well—the wellhead; or (b) in any other case—the top of the casing supporting the blow‑out preventer |
5 | If the well is a sidetrack—the name of the parent well |
6 | The names of the rig contractor and rig operator |
7 | The name of the rig drilling the well |
8 | The rig’s make and model |
9 | The names of the contractors for: (a) cementing; and (b) wireline logging; and (c) measurements while drilling (MWD); and (d) logging while drilling (LWD); and (e) mudlogging |
10 | Names of MWD and LWD tools used |
11 | List of log runs for wireline logging and velocity surveys |
12 | The purpose of the well (for example development, appraisal, exploration or stratigraphy) |
13 | The outcome of the well operation (for example completion of the well as an injector, suspension or abandonment) |
14 | Raw pressure‑time listings for any formation fluid sample tests and production tests |
15 | The spud date |
16 | The rig release date |
17 | What is being used as the depth reference for the well (for example the Kelly bushing or the rig floor) |
18 | The height of the depth reference above sea level |
19 | The water depth at the well |
20 | The measured depth of the well |
21 | The true vertical depth of the well |
22 | If applicable, the depth of perforation in the storage formation |
23 | The date on which the total depth was reached |
24 | If the well is deviated or horizontal: (a) the surveyed path of the well; and (b) the coordinates of the bottom of the well bore; and (c) if applicable, the coordinates and true vertical depth of the intersection of the well with the storage formation |
25 | Particulars of equipment and casing installed on or in the well, including schematics |
26 | If applicable, information on cementing operations and schematics of abandonment |
27 | Bit records |
28 | Drilling fluids used |
29 | Drilling fluid losses |
30 | List of cores, cuttings and samples taken, and their depths and intervals |
9.14 Requirement for final well completion report and data
(1) A greenhouse gas titleholder commits an offence if the titleholder:
(a) undertakes drilling operations in a title area; and
(b) does not give the Titles Administrator a final well completion report and all final well completion data within:
(i) 12 months after the rig release date; or
(ii) if the Titles Administrator authorises the greenhouse gas titleholder to give the report and data within another period—the other period.
Penalty: 50 penalty units.
(2) In this regulation:
final well completion data means each type of data mentioned in Schedule 2:
(a) presented on a medium and in a format specified in the item; or
(b) presented on another medium or in another format that the Titles Administrator has authorised the greenhouse gas titleholder to use.
final well completion report means a report that includes all of the information listed in subregulation (3).
(3) For the definition of final well completion report in subregulation (2), the information required is in the following table.
Item | Information required |
1 | The name of the well |
2 | The name of the title area in which the well is located |
3 | The location of the well, in the form of: (a) latitude and longitude; and (b) map sheet name and graticular block number; and (c) seismic line location and shotpoint number |
4 | If the well is a sidetrack—the name of the parent well |
5 | The names of the rig contractor and rig operator |
6 | The name of the rig drilling the well |
7 | The rig’s make and model |
8 | The names of the contractors for: (a) cementing; and (b) wireline logging; and (c) measurements while drilling (MWD); and (d) logging while drilling (LWD); and (e) mudlogging |
9 | The purpose of the well (for example development, appraisal, exploration or stratigraphy) |
10 | The outcome of the well operation (for example completion of the well as an injector, suspension or abandonment) |
11 | Raw pressure‑time listings for any formation fluid sample tests and production tests |
12 | The spud date |
13 | The rig release date |
14 | What is being used as the depth reference for the well (for example the Kelly bushing or the rig floor) |
15 | The height of the depth reference above sea level |
16 | The water depth at the well |
17 | The measured depth of the well |
18 | The true vertical depth of the well |
19 | If applicable, the depth of perforation in the storage formation |
20 | The date on which the total depth was reached |
21 | If the well is deviated or horizontal: (a) the surveyed path of the well; and (b) the coordinates of the bottom of the well bore; and (c) if applicable, the coordinates and true vertical depth of the intersection of the well with the storage formation |
22 | Particulars of equipment and casing installed on or in the well, including schematics |
23 | Bit records |
24 | Drilling fluids used |
25 | Drilling fluid losses |
26 | List of cores, cuttings and samples taken, and their depths and intervals |
27 | List of logs acquired |
28 | Details of any hydrocarbon indications |
29 | The measured depth and true vertical depth of marker horizons or formation tops |
30 | Geological interpretations of the observations made as a result of drilling the well, including: (a) lithology; and (b) stratigraphy; and (c) storage formation properties and quality; and (d) geochemistry of formation rocks if available; and (e) environment of deposition if available |
| | |
Subdivision 3.3—Reports about geophysical and geological surveys
9.15 Requirement for weekly survey report
(1) A greenhouse gas titleholder commits an offence if the titleholder:
(a) undertakes a geophysical or geological survey in a title area; and
(b) does not give the Titles Administrator a weekly survey report as soon as practicable after the end of each week of the survey.
Penalty: 50 penalty units.
(2) In this regulation:
weekly survey report means a report that includes:
(a) the name of the survey; and
(b) the title under which the survey is being conducted; and
(c) the name of the titleholder; and
(d) the name of the contractor conducting the survey; and
(e) the name of the vessel or aircraft conducting the survey; and
(f) a map showing where the survey was conducted during the week; and
(g) the number of kilometres or square kilometres for which data was acquired during the week; and
(h) the number of points at which data was acquired during the week; and
(i) the number of lines of data acquired during the week; and
(j) the amount of downtime during the week due to equipment problems, bad weather or other circumstances; and
(k) the percentage of the survey completed at the end of the week.
week of the survey means:
(a) the week starting on the first day of data acquisition; and
(b) each subsequent week.
Note: Notice of a geophysical or geological survey is required under regulation 12.07, and the survey will also require approval as an activity under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009.
9.16 Requirement for survey acquisition report and data
(1) A greenhouse gas titleholder commits an offence if the titleholder:
(a) undertakes a geophysical or geological survey in a title area; and
(b) does not give the Titles Administrator a survey acquisition report and all survey acquisition data within:
(i) for a 2‑dimensional seismic survey—12 months after the day that the acquisition of the data is completed; or
(ii) for a 3‑dimensional seismic survey—18 months after the day that the acquisition of the data is completed; or
(iii) for any other type of survey—6 months after the day that acquisition of the data is completed; or
(iv) if the Titles Administrator authorises the titleholder to give the report and data within another period—the other period.
Penalty: 50 penalty units.
(2) In this regulation:
survey acquisition data means:
(a) for a seismic survey—each type of data mentioned in an item in Part 1 of Schedule 3:
(i) presented on a medium and in a format specified in the item; or
(ii) presented on another medium or in another format that the Titles Administrator has authorised the greenhouse gas titleholder to use; or
(b) for any other type of survey—each type of data mentioned in an item in Part 2 of Schedule 3 and presented in accordance with subparagraph (a)(i) or (ii).
survey acquisition report means a report that includes:
(a) the name of the survey; and
(b) the title under which the survey was conducted; and
(c) the name of the titleholder; and
(d) the name of the contractor that conducted the survey; and
(e) the name of the vessel or aircraft that conducted the survey; and
(f) a map of where the survey was conducted; and
(g) the dates on which the survey started and ended; and
(h) details of all data acquisition equipment and systems used; and
(i) details of all positioning and navigation equipment and systems used; and
(j) the number of lines of data acquired in the survey and the number of data acquisition points along each line; and
(k) navigation data for the survey, in the form of:
(i) for a 2‑dimensional survey—line ends and bends; or
(ii) for a 3‑dimensional seismic survey—a full fold polygon outline; or
(iii) for other 3‑dimensional surveys—a polygon outline; and
(l) the geometry of the acquisition parameters; and
(m) the results of any onboard data processing; and
(n) the results of any system tests, calibrations and diagnostics.
9.17 Requirement for survey processing report and data
(1) A greenhouse gas titleholder commits an offence if the titleholder:
(a) undertakes a geophysical or geological survey in a title area; and
(b) does not give the Titles Administrator a survey processing report and all processed survey data within:
(i) for a 2‑dimensional seismic survey—12 months after the day that the acquisition of the data is completed; or
(ii) for a 3‑dimensional seismic survey—18 months after the day that the acquisition of the data is completed; or
(iii) for any other type of survey—6 months after the day that acquisition of the data is completed; or
(iv) if the Titles Administrator authorises the titleholder to give the report within another period—the other period.
Penalty: 50 penalty units.
(2) In this regulation:
processed survey data means:
(a) for a 2‑dimensional seismic survey—each type of data mentioned in an item in Part 1 of Schedule 4:
(i) presented on a medium and in a format specified in the item; or
(ii) presented on another medium or in another format that the Titles Administrator has authorised the greenhouse gas titleholder to use; or
(b) for a 3‑dimensional seismic survey—each type of data mentioned in an item in Part 2 of Schedule 4 and presented in accordance with subparagraph (a)(i) or (ii); or
(c) for any other type of survey—each type of data mentioned in an item in Part 3 of Schedule 4 and presented in accordance with subparagraph (a)(i) or (ii).
survey processing report means a report that includes:
(a) the name of the survey; and
(b) the title under which the survey was conducted; and
(c) the name of the titleholder; and
(d) the dates on which processing of the survey started and ended; and
(e) the name of the processing contractor; and
(f) the purpose of the processing; and
(g) a summary of the data acquisition parameters; and
(h) details of all the processing sequences and techniques used; and
(i) a sample Extended Binary Coded Decimal Interchange Code (EBCDIC) header from the final data set; and
(j) listings of all processed data; and
(k) for a 3‑dimensional survey:
(i) a description of the position of the survey polygon; and
(ii) a calculation for the 3‑dimensional line numbering convention.
9.18 Requirement for survey interpretation report and data
(1) A greenhouse gas titleholder commits an offence if the titleholder:
(a) undertakes a geophysical or geological survey in a title area; and
(b) does not give the Titles Administrator a survey interpretation report and interpretative survey data within:
(i) for a seismic survey—18 months after the day that the acquisition of the data is completed; or
(ii) for any other type of survey—12 months after the day that the acquisition of the data is completed; or
(iii) if the Titles Administrator authorises the titleholder to give the report within another period—the other period.
Penalty: 50 penalty units.
(2) In this regulation:
interpretative survey data means each type of data mentioned in an item in Schedule 5:
(a) presented on a medium and in a format specified in the item; or
(b) presented on another medium or in another format that the Titles Administrator has authorised the greenhouse gas titleholder to use.
survey interpretation report means a report that includes the following information:
(a) the name of the survey;
(b) the title under which the survey was conducted;
(c) the name of the titleholder;
(d) a description of the objectives of the interpretation;
(e) for a seismic survey:
(i) a list of the surfaces interpreted; and
(ii) a justification of the surfaces interpreted, including synthetic seismograms if available; and
(iii) the velocity field used to convert time to depth (including ASCII data) and the basis for the velocity field; and
(iv) if available, time slices to describe the environment of deposition;
(f) a bathymetric map of the survey area;
(g) an index of the maps created during the interpretation.
Subdivision 3.4—Other reports
9.19 Requirement for greenhouse gas injection monthly report—greenhouse gas injection licensee
(1) A greenhouse gas injection licensee commits an offence if the licensee does not give the Titles Administrator a greenhouse gas injection monthly report for a licence area within the period:
(a) starting on the last day of the named month to which the report relates; and
(b) ending 15 days after that day.
Penalty: 50 penalty units.
(2) In this regulation:
greenhouse gas injection monthly report means a report that includes:
(a) for each well in the licence area:
(i) the well’s identification name and number; and
(ii) a summary of all work that has been performed on the well during the month; and
(iii) the results of any tests conducted during the month; and
(iv) the well’s operational status at the end of the month; and
(v) the average, maximum and minimum values during the month for injection pressure, temperature and flow rate, at both the wellhead and the bottom of the well bore; and
(vi) if the well was shut at any time during the month—the shut‑in wellhead pressure; and
(vii) the number of days of greenhouse gas injection during the month; and
(viii) the cumulative quantities of greenhouse gas substance that has been injected, and water that has been produced or injected, as at the end of the month; and
(b) the total quantities of greenhouse gas substance that has been injected, and water that has been produced or injected, during the month; and
(c) the average composition of the greenhouse gas substance injected during the month; and
(d) the sources of the greenhouse gas substances injected; and
(e) the estimated average pressure in the storage formation.
9.20 Requirement for greenhouse gas injection annual report—greenhouse gas injection licensee
(1) A greenhouse gas injection licensee commits an offence if the licensee does not give a greenhouse gas injection annual report for a licence area to the Titles Administrator within the period:
(a) starting on the last day of the financial year to which the report relates; and
(b) ending on the day 4 months after that day.
Penalty: 60 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) In this regulation:
greenhouse gas injection annual report means a report that includes, for a year:
(a) information about the chemical composition and physical properties of the injected greenhouse gas substance and any incidental greenhouse gas‑related substances, including isotopic compositions; and
(b) information about the location and direction of movement of the greenhouse gas substances injected; and
(c) the results of maintenance operations and well bore integrity tests; and
(d) history‑matched model estimates of remaining storage capacity in the identified greenhouse gas storage formation.
Note: Incidental greenhouse gas‑related substance is defined in section 23 of the Act.
9.21 Requirement for monthly greenhouse gas accounting report—greenhouse gas injection licensee
(1) A greenhouse gas injection licensee commits an offence if the licensee does not give a monthly greenhouse gas accounting report for a licence area to the Titles Administrator within the period:
(a) starting on the last day of the named month to which the report relates; and
(b) ending on the day 15 days after that day.
Penalty: 60 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) In this regulation:
monthly greenhouse gas accounting report means a report that includes, for a month:
(a) the quantity of greenhouse gas substance that has been put into the system, as measured at:
(i) the source of the greenhouse gas substance; or
(ii) if the greenhouse gas substance becomes the responsibility of the licensee at a point other than its source—that point; and
(b) the quantity of greenhouse gas substance measured at the last measuring point before injection; and
(c) the average composition of the greenhouse gas substance injected; and
(d) the maximum and minimum injection rates during the month; and
(e) the quantity of the greenhouse gas substance lost, and emissions of additional greenhouse gases generated, in each of the following processes:
(i) compression;
(ii) transportation;
(iii) injection; and
(f) an explanation of how each of the quantities mentioned in paragraph (e) was worked out; and
(g) the quantity of greenhouse gas substance lost from the well bore; and
(h) the quantity of greenhouse gas substance lost from the storage formation; and
(i) the quantity of greenhouse gases emitted from the discharge of produced formation fluids.
Note: The responsible Commonwealth Minister or the Titles Administrator must make the information in the report publicly known within 30 days after the Titles Administrator receives the report—see regulation 10.10.
9.22 Requirement for annual greenhouse gas accounting report—greenhouse gas injection licensee
(1) A greenhouse gas injection licensee commits an offence if the licensee does not give an annual greenhouse gas accounting report for a licence area to the Titles Administrator within the period:
(a) starting on the last day of the financial year to which the report relates; and
(b) ending on the day 4 months after that day.
Penalty: 60 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) In this regulation:
annual greenhouse gas accounting report means a report that includes, for a year:
(a) the quantity of greenhouse gas substance injected into the storage formation during the year; and
(b) the cumulative quantity of greenhouse gas substance that has been stored as at the end of the year; and
(c) the quantity of greenhouse gas substance lost, and emissions of additional greenhouse gases generated, in the processes of compression, transportation and injection; and
(d) the quantity of greenhouse gas substance lost from the well bore; and
(e) the quantity of greenhouse gas substance lost from the storage formation; and
(f) an explanation of how losses of the greenhouse gas substance were estimated or measured; and
(g) an assessment of the accuracy of the measurement or estimation of the quantities of the greenhouse gas substance.
Note: The responsible Commonwealth Minister or the Titles Administrator must make the information in the report publicly known within 30 days after the Titles Administrator receives the report—see regulation 10.10.
Subdivision 3.5—Cores, cuttings and samples
9.23 Requirement to give core, cutting or sample
(1) A greenhouse gas titleholder commits an offence if the titleholder:
(a) drills a well or conducts another operation on a well in a title area; and
(b) collects a kind of core, cutting or sample mentioned in an item in the table in subregulation (4); and
(c) does not give the core, cutting or sample to the Titles Administrator within:
(i) the time specified for that item; or
(ii) if the Titles Administrator authorises the titleholder to give the core, cutting or sample in another period—the other period.
Penalty: 60 penalty units.
Note: Division 2 sets out requirements for the collection and keeping of cores, cuttings and samples.
(2) The titleholder must give the Titles Administrator the quantity of the core, cutting or sample specified for that item if that quantity is available.
(3) If the specified quantity is not available, the titleholder must:
(a) give the Titles Administrator an explanation why the specified quantity was not sent; and
(b) tell the Titles Administrator the total amount of the core, cutting or sample that was recovered.
(4) Kinds of core, cutting or sample mentioned in paragraph (1)(b) are set out in the following table.
Item | Sample type | Quantity of core, cutting or sample | Time by which core, cutting or sample must be given |
1 | Ditch cuttings | 1 set of 200 grams dry weight per sample interval | The day 6 months after the rig release date |
2 | Full hole conventional cores | 1/3 of the core | The day 6 months after the rig release date |
3 | Gaseous hydrocarbon samples | 300 cm3 | As soon as practicable after completion of the test during which the sample is collected |
4 | Fluid hydrocarbon samples | 1 litre | Either: (a) if the sample is collected during the drilling of a well—the day 6 months after the rig release date; or |
| | | (b) if the sample is collected during a test on a completed well—as soon as practicable after collection of the sample |
5 | Sidewall core material | All material collected | The day 12 months after the rig release date |
6 | Palynological slides and residues, Paleontological material and Petrological slides | All material collected | The day 12 months after the rig release date |
Part 10—Release of technical information about greenhouse gas
Division 1—Preliminary
10.01 Definitions
In this Part:
basic information means documentary information that is not interpretative information.
disclosable information means documentary information that is not permanently confidential information.
documentary information has the meaning given by section 736 of the Act.
eligible sample has the meaning given by section 736 of the Act.
interpretative information has the meaning given by regulation 10.03.
permanently confidential information has the meaning given by regulation 10.02.
Division 2—Classification of documentary information
10.02 Meaning of permanently confidential information
(1) This regulation sets out the 4 situations in which documentary information is permanently confidential information.
Excluded information is permanently confidential
(2) Despite anything else in this Division, excluded information is permanently confidential information.
Note: Excluded information is defined in regulation 1.06.
Titles Administrator classifies as permanently confidential
(3) Documentary information given by a person to the Titles Administrator is permanently confidential information if the Titles Administrator considers the information to be:
(a) a trade secret; or
(b) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs.
Titles Administrator does not dispute classification
(4) Documentary information given by a person to the Titles Administrator is permanently confidential information if:
(a) when the information was given, the person told the Titles Administrator, in writing, that the person classified the information as:
(i) a trade secret; or
(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs; and
(b) the Titles Administrator did not give the person a written notice under subregulation 10.04(1) disputing the classification.
Titles Administrator disputes classification and objection is in force
(5) Documentary information given by a person to the Titles Administrator is permanently confidential information if:
(a) when the information was given, the person told the Titles Administrator, in writing, that the person classified the information as:
(i) a trade secret; or
(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs; and
(b) the Titles Administrator gave the person a written notice under subregulation 10.04(1) disputing the classification; and
(c) either:
(i) the time for making an objection in response to the notice has not elapsed; or
(ii) the person has made an objection in response to the notice, and the objection remains in force.
10.03 Meaning of interpretative information
(1) This regulation sets out the 3 situations in which documentary information is interpretative information.
Titles Administrator classifies as interpretative
(2) Documentary information given by a person to the Titles Administrator is interpretative information if the Titles Administrator considers the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information.
Titles Administrator does not dispute classification
(3) Documentary information given by a person to the Titles Administrator is interpretative information if:
(a) when the information was given, the person told the Titles Administrator, in writing, that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and
(b) the Titles Administrator did not give the person a written notice under subregulation 10.04(2) disputing the classification.
Titles Administrator disputes classification and objection to disclosure is in force
(4) Documentary information given by a person to the Titles Administrator is interpretative information if:
(a) when the information was given, the person told the Titles Administrator, in writing, that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and
(b) the Titles Administrator gave the person a written notice under subregulation 10.04(2) disputing the classification; and
(c) either:
(i) the time for making an objection in response to the notice has not elapsed; or
(ii) the person has made an objection in response to the notice, and the objection remains in force.
10.04 Classification dispute notice
Classification dispute notice for permanently confidential information
(1) The Titles Administrator may give a person a written notice disputing the classification of documentary information as permanently confidential information if:
(a) the person gave the documentary information to the Titles Administrator; and
(b) when the information was given, the person told the Titles Administrator, in writing, that the person classified the information as:
(i) a trade secret; or
(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs; and
(c) the Titles Administrator does not consider the information to be:
(i) a trade secret; or
(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs.
Classification dispute notice for interpretative information
(2) The Titles Administrator may give a person a written notice disputing the classification of documentary information as interpretative information if:
(a) the person gave the documentary information to the Titles Administrator; and
(b) when the information was given, the person told the Titles Administrator, in writing, that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and
(c) the Titles Administrator does not consider the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information.
Timing of notice
(3) A notice under subregulation (1) or (2) must be given within 30 days after the Titles Administrator receives the documentary information to which it relates.
Notices may be combined
(4) The Titles Administrator may combine 2 or more notices to the same person under subregulation (1) or (2), or both, into a single notice.
Contents of notice
(5) A notice must include the following:
(a) if the notice is given under subregulation (1)—a statement that the Titles Administrator considers the information to be disclosable information and proposes to treat it as disclosable information under this Part;
(b) if the notice is given under subregulation (2)—a statement that the Titles Administrator considers the information to be basic information and proposes to treat it as basic information under this Part;
(c) a statement inviting the person to make a written objection to the Titles Administrator’s proposal to treat the information as:
(i) if the notice is given under subregulation (1)—disclosable information; and
(ii) if the notice is given under subregulation (2)—basic information;
(d) the date by which a written objection must be given to the Titles Administrator;
(e) a statement that if the person does not make a written objection by the specified date, the information will be taken under this Part to be:
(i) if the notice is given under subregulation (1)—disclosable information; and
(ii) if the notice is given under subregulation (2)—basic information.
(6) For paragraph (5)(d), the date must be at least 45 days after the date the notice is issued.
10.05 Making an objection
(1) If a person has received a notice from the Titles Administrator under regulation 8.04, the person may make an objection to the classification of the information.
(2) The objection may relate to all of the information described in the notice, or a specified part of the information.
(3) If the notice is given under both subregulations 10.04(1) and (2), the objection must state whether the objection is:
(a) on the ground that the information should be treated as permanently confidential information; or
(b) on the ground that the information should be treated as interpretative information; or
(c) on both grounds.
(4) The objection must be made, in writing, to the Titles Administrator on or before the date specified in the notice.
(5) A valid objection remains in force until it ceases to be in force under regulation 10.07A.
10.06 Consideration of objection by Titles Administrator
(1) If the Titles Administrator receives a valid objection from a person, the Titles Administrator must consider the objection and decide whether to allow or disallow the objection.
(2) The Titles Administrator may allow the objection for part of the documentary information to which it relates, and disallow the objection for another part.
(3) The Titles Administrator must notify the person, in writing, of the Titles Administrator’s decision within 45 days after the Titles Administrator receives the objection.
(4) In the case of a decision by the Titles Administrator to disallow an objection (in whole or in part), the notice of decision under subregulation (3) must state that the person may ask the responsible Commonwealth Minister to review the decision in accordance with regulation 10.07.
10.07 Review of Titles Administrator’s decision by Minister
(1) A person may, in writing, ask the responsible Commonwealth Minister to review a decision by the Titles Administrator under regulation 10.06 to disallow an objection.
(2) The request:
(a) must be given to the Minister within 30 days after the day that the person was given notice of the Titles Administrator’s decision; and
(b) must set out the grounds for making the request.
(3) The person may withdraw the request by written notice given to the Minister.
(4) The Minister must, within 45 days after receiving the request, review the Titles Administrator’s decision and:
(a) confirm the Titles Administrator’s decision to disallow the objection; or
(b) revoke the Titles Administrator’s decision and substitute another decision for it.
(5) A decision made by the Minister in substitution for the Titles Administrator’s decision may allow the objection for part of the documentary information to which it relates, and disallow the objection for another part.
(6) The Minister must notify the person, in writing, of the Minister’s decision as soon as practicable after making the decision.
Note: The person may seek further review of the Minister’s decision—see Part 9.1 of the Act.
10.07A When objection ceases to be in force
An objection made by a person under regulation 8.05 ceases to be in force if:
(a) the person withdraws the objection by notifying the Titles Administrator, in writing; or
(b) the Titles Administrator disallows the objection, and the person does not seek review of the decision within the time allowed for an application for review; or
(c) the Titles Administrator disallows the objection, all reviews of the Titles Administrator’s decision have been finalised, and the decision standing after all reviews have been finalised is that the objection is disallowed.
Division 3—Release of documentary information
10.08 Purpose of Division
For paragraph 738(2)(c) of the Act, this Division sets out the circumstances in which the responsible Commonwealth Minister or the Titles Administrator may:
(a) make documentary information publicly known; or
(b) make documentary information available to a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory).
10.09 Release of open information about wells and surveys
Despite anything else in this Division, the responsible Commonwealth Minister or the Titles Administrator may make open information about a well or open information about a survey publicly known at any time.
10.10 Release of information from greenhouse gas accounting reports
Despite anything else in this Division, the responsible Commonwealth Minister or the Titles Administrator must make documentary information contained in a report mentioned in an item of the following table publicly available no later than the day specified in the item.
Item | Report | Day |
1 | A monthly greenhouse gas accounting report given under regulation 9.21 | 15 days after the day the Titles Administrator receives the report |
2 | An annual greenhouse gas accounting report given under regulation 9.22 | 30 days after the day the Titles Administrator receives the report |
10.11 Release of basic disclosable information
(1) The responsible Commonwealth Minister or the Titles Administrator may make documentary information publicly known or make the documentary information available to a person if:
(a) it is basic information; and
(b) it is disclosable information; and
(c) the relevant day for the information has passed.
Relevant day for seismic surveys
(2) Subject to subregulation (3), the relevant days for information relating to seismic surveys are set out in the following table.
Item | Type of seismic survey | Relevant day |
1 | A survey that collected exclusive data, if the survey was conducted under a greenhouse gas injection licence that is still in force | The day 2 years after the acquisition of the data was completed |
2 | A survey that collected exclusive data, if the survey was conducted under a greenhouse gas title, other than a greenhouse gas injection licence, that is still in force | The day 3 years after the acquisition of the data was completed |
3 | A survey that collected exclusive data, if the survey was conducted under a greenhouse gas title that: (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title | The day of the expiry, surrender, cancellation, revocation or termination |
4 | A survey that collected 2D seismic data as non‑exclusive data | The day 15 years after the acquisition of the data was completed |
5 | A survey that collected 3D seismic data as non‑exclusive data if either: (a) the 3D data; or (b) 2D data extracted from the 3D data, contained in a seismic extracted data grid; was required to be produced as a condition of the grant of a greenhouse gas title | For the 3D data—the day 15 years after the acquisition of the data was completed For the extracted 2D data—the day 5 years after the acquisition of the 3D data was completed |
6 | A survey that collected 3D seismic data as non‑exclusive data if neither: (a) the 3D data; nor (b) 2D data extracted from the 3D data, contained in a seismic extracted data grid; was required to be produced as a condition of the grant of a greenhouse gas title | For the 3D data—the day 15 years after the acquisition of the data was completed For the extracted 2D data—the day 6 years after the acquisition of the 3D data was completed |
(3) If data from a seismic survey has been reprocessed as a condition of the grant of a greenhouse gas title, the relevant day for the documentary information obtained from the reprocessing is the later of:
(a) the relevant day under subregulation (2) for the information relating to the original survey; and
(b) 3 years after the last day of the year of the term of the title during which the reprocessing was done.
Note: Year of the term is defined in section 10 of the Act. A year of the term of a title commences on the day that the title comes into force or on any anniversary of that day.
Relevant day for other geophysical and geological surveys
(4) The relevant days for documentary information relating to geophysical and geological surveys (other than seismic surveys) are set out in the following table.
Item | Type of survey | Relevant day |
1 | A survey that was conducted under a greenhouse gas injection licence that is still in force | The day 2 years after the acquisition of the data was completed |
2 | A survey that was conducted under a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas research consent that is still in force | The day 3 years after the acquisition of the data was completed |
3 | A survey that was conducted under a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence or greenhouse gas research consent that: (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title | The day of the expiry, surrender, cancellation, revocation or termination |
4 | A survey conducted under a greenhouse gas search authority or greenhouse gas special authority that collected exclusive data, if the authority is still in force | The day 3 years after the acquisition of the data was completed |
5 | A survey conducted under a greenhouse gas search authority or greenhouse gas special authority that collected exclusive data, if the authority: (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the authority | The day of the expiry, surrender, cancellation, revocation or termination |
6 | A survey conducted under a greenhouse gas search authority or greenhouse gas special authority that collected non‑exclusive data | The day 6 years after the acquisition of the data was completed |
Relevant day for well operations
(5) The relevant days for documentary information relating to wells are set out in the following table.
Item | If the regulated operation to which the information relates was conducted under … | the relevant day is … |
1 | a greenhouse gas injection licence that is still in force | the day 1 year after the end of the operation |
2 | a greenhouse gas title, other than a greenhouse gas injection licence, that is still in force | the day 2 years after the end of the operation |
3 | a greenhouse gas title that: (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title | the day of the expiry, surrender, cancellation, revocation or termination |
Note: End of the operation is defined in regulation 1.05.
10.12 Release of interpretative disclosable information
The responsible Commonwealth Minister or the Titles Administrator may make documentary information publicly known or make documentary information available to a person if:
(a) it is interpretative information; and
(b) it is disclosable information; and
(c) the information relates to the sea‑bed or subsoil, or to a greenhouse gas substance, in a block; and
(d) it is more than 5 years after the end of the operation to which the information relates.
Note: End of the operation is defined in regulation 1.05.
10.13 Release of documentary information—prior availability or consent
(1) Subject to subregulation (2), the responsible Commonwealth Minister or the Titles Administrator may make documentary information publicly known or make documentary information available to a person if:
(a) the greenhouse gas titleholder who gave the information to the Titles Administrator has made the information publicly known; or
(b) the greenhouse gas titleholder who gave the information to the Titles Administrator has consented in writing to the information being made publicly known or made available, as the case may be.
(2) If the documentary information relating to a block was given to the Titles Administrator under a greenhouse gas search authority, a greenhouse gas special authority or a greenhouse gas research consent, subregulation (1) applies only if the information relates to a period when no permit, lease or licence was in force over the block.
Division 4—Release of eligible samples
10.14 Purpose of Division
For paragraph 739(2)(c) of the Act, this Division sets out the circumstances in which the responsible Commonwealth Minister or the Titles Administrator may:
(a) make publicly known any details of an eligible sample; or
(b) permit a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect an eligible sample.
10.15 Release of eligible samples after relevant day
(1) The responsible Commonwealth Minister or the Titles Administrator may make publicly known details of an eligible sample or permit a person to inspect the sample if the relevant day for the sample has passed.
(2) The relevant days for eligible samples are set out in the following table.
Item | If the regulated operation to which the sample relates was conducted under … | the relevant day is … |
1 | a greenhouse gas injection licence that is still in force | the day 1 year after the end of the operation |
2 | a greenhouse gas title, other than a greenhouse gas injection licence, that is still in force | the day 2 years after the end of the operation |
3 | a greenhouse gas title that: (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title | the day of the expiry, surrender, cancellation, revocation or termination |
10.16 Release of eligible samples—prior availability or consent
(1) Subject to subregulation (2), the responsible Commonwealth Minister or the Titles Administrator may make publicly known any details of an eligible sample or permit a person to inspect the sample if:
(a) the greenhouse gas titleholder who gave the sample to the Titles Administrator has made publicly known those details of the sample; or
(b) the greenhouse gas titleholder who gave the sample to the Titles Administrator has caused to be made publicly known those details of the sample; or
(c) the greenhouse gas titleholder who gave the sample to the Titles Administrator has consented in writing to details of the sample being made publicly known or to the sample being made available for inspection, as the case may be.
(2) If an eligible sample from a block was given to the Titles Administrator under a greenhouse gas search authority, a greenhouse gas special authority or a greenhouse gas research consent, subregulation (1) only applies if the sample was obtained during a period when no permit, lease or licence was in force over the block.
Part 11—Fees
11.01 Fees in relation to applications etc.
(1) For subsection 256(2) of the Act, the prescribed fee for an application is the fee specified in Division 1 of Part 1 of Schedule 6 for the application.
(1A) For subsection 516A(1) of the Act, the prescribed fee for an application is the fee specified in Division 2 of Part 1 of Schedule 6 for the application.
(1AA) For the purposes of subsection 566M(1) of the Act, the prescribed fee for an application is the fee specified in Division 2A of Part 1 of Schedule 6 for that application.
(1B) For subsection 695L(1) of the Act, the prescribed fee for processing an application, request or nomination is the fee specified in Division 3 of Part 1 of Schedule 6 for the application, request or nomination.
(2) For subsection 427(2) of the Act, the prescribed fee for an application is the fee specified in Part 2 of Schedule 6 for that application.
(3) For subsection 565A(1) of the Act, the prescribed fee for an application is the fee specified in Division 2 of Part 2 of Schedule 6 for that application.
Part 11A—Giving documents
11A.01 Giving documents
(1) The table sets out requirements for giving documents required or permitted to be given under the Act or any legislative instrument made under the Act.
Giving documents |
Item | A document required or permitted to be given to ... | must be given ... |
1 | the responsible Commonwealth Minister; | (a) by prepaying and posting the document as a letter addressed to the responsible Commonwealth Minister at the Department; or (b) by leaving the document at an office occupied by the Department with a person apparently employed in connection with the business of the Department and apparently at least 16 years of age |
2 | the Titles Administrator; | (a) by prepaying and posting the document as a letter addressed to the National Offshore Petroleum Titles Administrator at the Department; or (b) by sending the document by fax to the Titles Administrator’s fax number; or (c) by sending the document by email to the Titles Administrator’s email address; or (d) by sending the document electronically using the Titles Administrator’s website in accordance with the instructions published by the Titles Administrator on the Titles Administrator’s website; or |
| | (e) by leaving the document at an office occupied by the Titles Administrator, or by APS employees assisting the Titles Administrator, with a person apparently employed in connection with the business of the Titles Administrator and apparently at least 16 years of age |
3 | NOPSEMA; | (a) by prepaying and posting the document as a letter addressed to the National Offshore Petroleum Safety and Environmental Management Authority at a place of business of NOPSEMA; or (b) by sending the document by fax to NOPSEMA’s fax number; or (c) by sending the document by email to NOPSEMA’s email address; or (d) by sending the document electronically using the internet in accordance with the instructions published by the Chief Executive Officer of NOPSEMA on NOPSEMA’s website; or (e) by leaving the document at an office occupied by NOPSEMA with a person apparently employed in connection with the business of NOPSEMA and apparently at least 16 years of age |
4 | a titleholder by any of the following: (a) the responsible Commonwealth Minister; (b) the Titles Administrator; (c) NOPSEMA; (d) an inspector appointed under the Act; | (a) if the titleholder is not a corporation—by delivering the document to the titleholder personally; or (b) by prepaying and posting the document as a letter addressed to: (i) if the titleholder is not a corporation—the titleholder at the place of residence set out in the notice given in accordance with section 286A or 452A of the Act; or (ii) if the titleholder is a corporation—the corporation at the place of business set out in the notice given in accordance with section 286A or 452A of the Act; or (c) by sending the document by fax to the fax number set out in the notice given in accordance with section 286A or 452A of the Act; or (d) by sending the document by email to the email address set out in the notice given in accordance with section 286A or 452A of the Act; or (e) if the titleholder is not a corporation—by leaving the document at the place of residence, set out in the notice given in accordance with section 286A or 452A of the Act, with another person apparently a resident of that place and apparently at least 16 years of age; or |
| | (f) by leaving the document at the titleholder’s place of business set out in the notice given in accordance with section 286A or 452A of the Act with another person apparently in the employment of that person or corporation and apparently at least 16 years of age |
5 | a corporation, other than a titleholder; | (a) by prepaying and posting the document as a letter addressed to the corporation at its last known place of business or, if it is carrying on business at 2 or more places, at one of those places; or (b) by sending the document by fax to the corporation’s last known fax number; or (c) by sending the document by email to the corporation’s last known email address; or (d) by leaving the document at the corporation’s last known place of business or, if the corporation is carrying on business at 2 or more places, at one of those places, with a person apparently in the employment of the corporation and apparently at least 16 years of age |
6 | a person other than: (a) the responsible Commonwealth Minister; or (b) the Titles Administrator; or (c) NOPSEMA; or (d) a corporation; or (e) a titleholder; | (a) by delivering the document to the person personally; or (b) by prepaying and posting the document as a letter addressed to the person at the person’s last known place of residence; or (c) by prepaying and posting the document as a letter addressed to the person at the person’s last known place of business (or, if the person is carrying on business at 2 or more places, at one of those places); or (d) by sending the document by fax to the person’s last known residential or business fax number; or (e) by sending the document by email to the person’s last known residential or business email address; or (f) by leaving the document at the last known place of residence of the person with another person apparently a resident of that place and apparently at least 16 years of age; or (f) by leaving the document at the last known place of business of the person (or, if the person is carrying on business at 2 or more places, at one of those places) with another person apparently in the employment of that person and apparently at least 16 years of age |
(2) A person or agency mentioned in item 1, 2 or 3 of the table in subregulation (1) may, by notice in writing published on the person’s or agency’s website:
(a) require that a document specified in the notice must be given to the person or agency by a method specified in the notice; or
(b) provide that a document specified in the notice may be given to the person or agency by sending the document electronically using the Titles Administrator’s National Electronic Approvals Tracking System (NEATS), as an alternative to using the methods mentioned in the table in subregulation (1) for the document.
(3) If paragraph (2)(a) applies to a document, the document may only be given in accordance with the method set out in the notice for that document.
(4) If a document is given by prepaying and posting the document as a letter in accordance with subregulation (1) or (2), the document is taken to have been given at the time at which the letter would have been delivered in the ordinary course of post.
(5) If a document is given by fax, email, submitting to a website or submitting to NEATS in accordance with subregulation (1) or (2), the document is taken to have been given at the end of the day on which the document was sent.
11A.02 Giving documents to Joint Authority
A document required or permitted by the Act, or any legislative instrument made under the Act, to be given to the Joint Authority is taken to have been given to the Joint Authority if it is given to:
(a) the Titles Administrator; or
(b) a delegate of the Titles Administrator.
11A.02A Giving documents to Cross‑boundary Authority
A document required or permitted by the Act, or any legislative instrument made under the Act, to be given to a Cross‑boundary Authority is taken to have been given to the Cross‑boundary Authority if it is given to:
(a) the Titles Administrator; or
(b) a delegate of the Titles Administrator.
11A.03 Giving documents to responsible Commonwealth Minister
A document required or permitted by the Act, or any legislative instrument made under the Act, to be given to the responsible Commonwealth Minister is taken to have been given to the responsible Commonwealth Minister if it is given to:
(a) the Titles Administrator; or
(b) a delegate of the Titles Administrator.
11A.04 Giving documents to 2 or more registered holders of a petroleum title
Scope
(1) This regulation applies if there are 2 or more registered holders of a petroleum title.
Nomination of one of the registered holders
(2) The registered holders may, by joint written notice given to the Titles Administrator and NOPSEMA, nominate one of them as being the person to whom documents may be given, if the documents:
(a) relate to the petroleum title; and
(b) are required or permitted by the Act, or any legislative instrument made under the Act, to be given.
(3) The joint written notice must be executed in an approved manner by or on behalf of each of the registered holders.
(4) The joint written notice must be in the form approved, in writing, by the Titles Administrator and the Chief Executive Officer of NOPSEMA.
Document may be given to nominated person
(5) If:
(a) a document relating to a petroleum title is required or permitted by the Act, or any legislative instrument made under the Act, to be given to the registered holder; and
(b) there are 2 or more registered holders of the petroleum title; and
(c) a nomination of a person under subregulation (2) is in force in relation to the petroleum title; and
(d) the document is given to the nominated person;
the document is taken to have been given to each of the registered holders.
Revocation of nomination
(6) If:
(a) a person has been nominated under subregulation (2) in relation to a petroleum title; and
(b) one of the registered holders of the petroleum title, by written notice given to the Titles Administrator and NOPSEMA, revokes the nomination;
the nomination ceases to be in force.
(7) A notice under subregulation (6) must be in the form approved, in writing, by the Titles Administrator and the Chief Executive Officer of NOPSEMA.
Cessation of nomination—nominee ceases to be a registered holder
(8) If:
(a) a person has been nominated under subregulation (2) in relation to a petroleum title; and
(b) the nominated person ceases to be one of the registered holders of the petroleum title;
the nomination ceases to be in force.
Definition
(9) In this regulation:
petroleum 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; or
(h) a petroleum scientific investigation consent.
11A.05 Giving documents to 2 or more registered holders of a greenhouse gas title
Scope
(1) This regulation applies if there are 2 or more registered holders of a greenhouse gas title.
Nomination of one of the registered holders
(2) The registered holders may, by joint written notice given to the Titles Administrator and NOPSEMA, nominate one of the registered holders as being the person to whom documents may be given, if the documents:
(a) relate to the greenhouse gas title; and
(b) are required or permitted by the Act, or any legislative instrument made under the Act, to be given.
(3) The joint written notice must be executed in an approved manner by or on behalf of each of the registered holders.
Document may be given to nominated person
(4) If:
(a) a document relating to a greenhouse gas title is required or permitted by the Act, or any legislative instrument made under the Act, to be given to the registered holder; and
(b) there are 2 or more registered holders of the greenhouse gas title; and
(c) a nomination of a person under subregulation (2) is in force in relation to the greenhouse gas title; and
(d) the document is given to the nominated person;
the document is taken to have been given to each of the registered holders.
Revocation of nomination
(5) If:
(a) a person has been nominated under subregulation (2) in relation to a greenhouse gas title; and
(b) one of the registered holders of the greenhouse gas title, by written notice given to the Titles Administrator and NOPSEMA, revokes the nomination;
the nomination ceases to be in force.
Cessation of nomination—nominee ceases to be a registered holder
(6) If:
(a) a person has been nominated under subregulation (2) in relation to a greenhouse gas title; and
(b) the nominated person ceases to be one of the registered holders of the greenhouse gas title;
the nomination ceases to be in force.
Definition
(7) In this regulation:
greenhouse gas 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; or
(f) a greenhouse gas research consent.
Part 11B—Regulations prescribed for particular provisions of Act
11B.01 Regulations prescribed for particular provisions of Act
For the purposes of a provision of the Act mentioned in column 1 of an item of the following table, each of the regulations, or provisions of regulations, mentioned in column 2 of the item is prescribed.
Regulations prescribed for particular provisions of Act |
Item | Column 1
Provision of Act | Column 2
Prescribed regulations or provision of regulations |
1 | Paragraph 316(2)(b) | (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; (b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011; (c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
2 | Paragraph 351(2)(b) | (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; (b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011; (c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
3 | Paragraph 376(3)(b) | (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; (b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011; (c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
4 | Definition of environment plan in subsection 571(5) | Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 |
5 | Definition of petroleum activity in subsection 571(5) | Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 |
6 | Definition of environment plan in subsection 572C(3) | Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 |
7 | Definition of petroleum activity in subsection 572C(3) | Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 |
8 | Paragraph 574A(6)(b) | (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; (b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011; (c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
8A | Definition of environment plan in subsection 576C(9) | Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 |
9 | Paragraph 580(5)(b) | (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; (b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011; (c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
10 | Item 15 of the table in subsection 601(1) | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
11 | Item 16 of the table in subsection 601(1) | Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 |
12 | Item 16A of the table in subsection 601(1) | Offshore Petroleum and Greenhouse Gas Storage (Greenhouse Gas Injection and Storage) Regulations 2011 |
13 | Item 17 of the table in subsection 601(1) | Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 |
14 | Item 18 of the table in subsection 601(1) | Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 (apart from Part 5 of those regulations) |
15 | Subparagraph (c)(ii) of the definition of titleholder’s obligations in subsection 602K(8) | Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 |
16 | Paragraph 638(1)(d) | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
17 | Paragraph 638(1)(e) | Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 |
18 | Subparagraph 646A(5)(f)(i) | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
19 | Subparagraph 646A(5)(f)(ii) | Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 |
20 | Subparagraph 646A(5)(g)(i) | Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 |
20A | Subsection 790B(1) | Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 |
20B | Definition of environment plan in clause 2 of Schedule 2A | Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 |
21 | Paragraph (a) of the definition of well integrity law in clause 2 of Schedule 2B | Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 |
22 | Paragraph (c) of the definition of well integrity law in clause 2 of Schedule 2B | Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 |
23 | Subparagraph (c)(iii) of the definition of regulated business premises in clause 3 of Schedule 3 | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
24 | Subparagraph (d)(ii) of the definition of regulated business premises in clause 3 of Schedule 3 | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
25 | Subparagraph (e)(ii) of the definition of regulated business premises in clause 3 of Schedule 3 | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
26 | Paragraph (b) of the definition of titleholder’s well‑related obligations in clause 3 of Schedule 3 | Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 |
Part 12—Miscellaneous
12.01 Form of instrument of transfer
For paragraphs 474(a) and 526(a) of the Act, an instrument of transfer must be in the form set out in Schedule 7.
12.02 Prescribed details for supplementary instrument for approval of dealing
(1) For subsections 489(2) and 540(2) of the Act, the following details are prescribed:
(a) description and date of execution of the instrument evidencing the dealing mentioned in subsection 489(1) or 540(1) of the Act;
(b) details of the title (including the type and number of the title) to which the dealing relates;
(c) full name and business address of each party to the dealing;
(d) details of the effect or effects, upon registration, of the dealing specified in terms of the relevant item in section 486 or 537 of the Act;
(e) details of the interest or interests in the title of all parties to the dealing:
(i) before the registration of the dealing; and
(ii) in the event of approval of the dealing, after the registration of the dealing;
(i) in respect of any related dealing for which an entry has been made in the Register or an application, in writing, for approval has been lodged:
(i) a description of the instrument evidencing the dealing and the date of execution; and
(ii) the date of approval; and
(iii) the registration number (if any).
(2) In this regulation:
related dealing means a dealing executed, before the execution of the instrument evidencing the dealing mentioned in paragraph (1)(a), by some or all of the parties to that instrument:
(a) that affects the title which is the subject of the dealing to which the instrument referred to in paragraph (1)(a) relates; and
(b) that:
(i) creates or assigns an option to enter into the dealing mentioned in paragraph (1)(a); or
(ii) creates or assigns a right to enter into the dealing mentioned in paragraph (1)(a); or
(iii) is altered or terminated by the dealing mentioned in paragraph (1)(a);
and includes any transaction in respect of which an instrument was registered under section 81 of the Petroleum (Submerged Lands) Act 1967 before 22 July 1985.
12.03 Survey of wells, structures or equipment
(1) The Titles Administrator may, in writing, require a titleholder to:
(a) survey the position of the well, pipeline, infrastructure facility, structure or equipment specified in the notice; and
(b) give a written report of the survey to the Titles Administrator.
(2) The Titles Administrator must specify in a request a reasonable period within which the survey must be done and the report given.
(3) A titleholder commits an offence if the titleholder does not comply with a request under subregulation (1) within the period required under subregulation (2).
Penalty: 60 penalty units.
(4) An offence against subregulation (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
12.04 Notice of route followed by pipeline
A pipeline licensee commits an offence if the licensee:
(a) constructs a pipeline in an offshore area; and
(b) does not inform both the Titles Administrator and the Australian Hydrographic Office, in writing, of the exact route followed by the pipeline by the earlier of:
(i) 14 days after the day that construction of the pipeline is completed; and
(ii) the day before the pipeline is operated.
Penalty: 60 penalty units.
12.05 Requirement to give notice of pipeline incident
(1) A pipeline licensee commits an offence if:
(a) a reportable incident occurs in relation to a pipeline under a licence; and
(b) the licensee does not give notice (oral or written) of the incident to the Titles Administrator or a NOPSEMA inspector including all material details of the incident that are reasonably available to the licensee, as soon as practicable after:
(i) the first occurrence of the incident; or
(ii) if the incident is not detected by the licensee at the time of its first occurrence—the detection of the incident by the licensee.
Penalty: 60 penalty units.
(2) In this regulation:
reportable incident means an incident:
(a) that:
(i) results in significant damage to a pipeline (for example reducing the capacity of the pipeline to contain the substance flowing through it); or
(ii) is likely to have a result of a kind mentioned in subparagraph (i); or
(iii) is of a kind that a reasonable pipeline licensee would consider to require immediate investigation; and
(b) that is not a reportable incident within the meaning of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009.
12.06 Requirement to provide written report about pipeline incident
(1) A pipeline licensee commits an offence if:
(a) a reportable incident occurs in relation to a pipeline under a licence; and
(b) the licensee does not give the Titles Administrator an incident report either:
(i) as soon as practicable, but within 3 days after:
(A) the first occurrence of the incident; or
(B) if the incident is not detected by the licensee at the time of its first occurrence—the detection of the incident by the licensee; or
(ii) if the Titles Administrator specifies, in writing and within the period mentioned in subparagraph (i), another period for giving the report—within that period.
Penalty: 50 penalty units.
(2) It is a defence to a prosecution for an offence against subregulation (1) if:
(a) subparagraph (1)(b)(ii) applies to the offence; and
(b) it was not practicable for the licensee to give the report to the Titles Administrator within the specified period.
Note: A defendant bears an evidential burden in relation to the matter in subregulation (2)—see subsection 13.3(3) of the Criminal Code.
(3) In this regulation:
incident report means a report that includes:
(a) all the material facts and circumstances of the incident that the licensee is aware of or is able, by reasonable search and inquiry, to find out, including the following:
(i) the date, time and place of the incident;
(ii) the particulars of any loss or damage caused by the incident;
(iii) if petroleum or a greenhouse gas substance escaped from the pipeline or ignited—the amount of that substance and the measures taken to control the escape or fire;
(iv) the cause of the incident;
(v) the repairs (if any) carried out, or proposed to be carried out, on the pipeline; and
(b) the corrective action that has been taken, or is proposed to be taken, to prevent another incident of that kind.
reportable incident has the same meaning as in regulation 12.05.
12.07 Requirement for notice of geophysical or geological survey
(1) A petroleum titleholder or greenhouse gas titleholder commits an offence if:
(a) the titleholder undertakes a geophysical or geological survey in the title area; and
(b) the titleholder does not notify the Titles Administrator, at least 48 hours before the proposed start of the survey, of the following:
(i) the proposed date and time that the survey will start;
(ii) the duration of the survey;
(iii) the survey area coordinates;
(iv) in the case of a seismic survey—the length of the streamers to be towed by the survey vessel.
Penalty: 60 penalty units.
(2) Subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
12.08 Requirement to give notice of actions for Royalty Act purposes
(1) A petroleum titleholder commits an offence if:
(a) the titleholder samples a petroleum stream for the purpose of working out the amount of royalty payable under the Royalty Act; and
(b) the titleholder did not notify the State Minister in writing that the titleholder was going to sample the stream.
Penalty: 60 penalty units.
(2) A petroleum titleholder commits an offence if:
(a) the titleholder proves a meter that is used to work out the amount of royalty payable under the Royalty Act; and
(b) the titleholder did not notify the State Minister in writing that the titleholder was going to prove the meter.
Penalty: 60 penalty units
State Minister has the meaning given by section 4 of the Offshore Petroleum (Royalty) Act 2006.
Part 13—Application and transitional provisions
Division 1—Transitional arrangements—Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (2013 Measures No. 2) Regulation 2013
13.01 Requirements for giving reports and samples
The amendments made to these Regulations by items [1] and [3] to [6] of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (2013 Measures No. 2) Regulation 2013 apply in relation to a report or data that relates to an activity commenced before, on or after the day that Schedule commences.
13.02 Release of data
The amendments made to these Regulations by items [7] to [9] of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (2013 Measures No. 2) Regulation 2013 apply in relation to documentary information:
(a) acquired before, on or after the day that Schedule commences; and
(b) not made available under regulation 8.11 before that day.
13.03 Nomination of registered titleholder
Nomination of registered holder for petroleum title
(1) This regulation applies to a nomination that is in force under section 774 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 immediately before the commencement of Part 1 of Schedule 4 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013.
(2) The nomination is in force, after the commencement of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (2013 Measures No. 2) Regulation 2013, as if it had been made under subregulation 11A.04(2).
Nomination of registered holder for greenhouse gas title
(3) This regulation applies to a nomination that is in force under section 775 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 immediately before the commencement of Part 1 of Schedule 4 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013.
(4) The nomination is in force, after the commencement of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (2013 Measures No. 2) Regulation 2013, as if it had been made under subregulation 11A.05(2).
Division 2—Application provision relating to the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Fees) Regulation 2016
13.04 Application provision—Amendments made by the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Fees) Regulation 2016
The amendments made to Schedule 6 of these Regulations by Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Fees) Regulation 2016 apply in relation to an application, nomination or request that is made on or after the day that Regulation commences.
