Commonwealth Coat of Arms of Australia

 

Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Release of Documentary Information) Regulations 2025

I, the Honourable Sam Mostyn AC, GovernorGeneral of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated    27 November 2025

Sam Mostyn AC

GovernorGeneral

By Her Excellency’s Command

Madeleine King

Minister for Resources

 

 

 

 

 

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011

 

  This instrument is the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Release of Documentary Information) Regulations 2025.

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

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

29 November 2025

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

  This instrument is made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

1  At the end of regulation 8.09

Add:

Note: Under section 715 of the Act, the responsible Commonwealth Minister is a recipient Minister and is subject to the rules in this Division.

2 At the end of subregulation 8.11(1)

Add:

 ; and (d) if the documentary information is survey information—one of the following applies:

 (i) in relation to the Titles Administrator making the survey information available to a person—the requirements of subregulation 8.13AA(1) are met;

 (ii) in relation to the Titles Administrator or the responsible Commonwealth Minister making the survey information publicly known—the survey information is covered by a notice under subregulation 8.13AA(3);

 (iii) in relation to the responsible Commonwealth Minister making the survey information available to a person—the requirements of subregulation 8.13AA(6) are met.

Note: For survey information, see subregulation 8.13AA(8).

3  Subregulation 8.13(1)

Repeal the subregulation, substitute:

 (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) either:

 (i) the petroleum titleholder who gave the information to the Titles Administrator has made the information publicly known; or

 (ii) 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; and

 (b) if the documentary information is survey information (other than interpretative information)—one of the following applies:

 (i) in relation to the Titles Administrator making the survey information available to a person—the requirements of subregulation 8.13AA(1) are met;

 (ii) in relation to the Titles Administrator or the responsible Commonwealth Minister making the survey information publicly known—the survey information is covered by a notice under subregulation 8.13AA(3);

 (iii) in relation to the responsible Commonwealth Minister making the survey information available to a person—the requirements of subregulation 8.13AA(6) are met.

Note: For survey information, see subregulation 8.13AA(8).

4  After regulation 8.13

Insert:

Requirements for Titles Administrator—making survey information available to a person

 (1) The Titles Administrator must not make survey information available to a person under subregulation 8.11(1) or 8.13(1) unless:

 (a) that information is covered by a notice under subregulation (3) of this regulation; or

 (b) that information and person are covered by a notice under subregulation (4) of this regulation; or

 (c) if paragraphs (a) and (b) do not apply and that information is not covered by a notice under subregulation (5) of this regulation:

 (i) the Titles Administrator has, in writing, notified the responsible Commonwealth Minister of that person and of that information; and

 (ii) the responsible Commonwealth Minister agrees to that information being made available to that person.

Note: For survey information, see subregulation (8).

 (2) The responsible Commonwealth Minister must:

 (a) in deciding whether to agree for the purposes of subparagraph (1)(c)(ii), consider whether it is in the national interest not to make the whole or a part of that information available to that person; and

 (b) in writing, notify the Titles Administrator:

 (i) that the responsible Commonwealth Minister does not agree to any of that information being made available to that person; or

 (ii) that the responsible Commonwealth Minister agrees to the whole of that information being made available to that person; or

 (iii) that the responsible Commonwealth Minister agrees to a specified part of that information being made available to that person.

 (3) The responsible Commonwealth Minister may, by notice in writing to the Titles Administrator, specify survey information that is appropriate for the Titles Administrator to make publicly known.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

 (4) The responsible Commonwealth Minister may, by notice in writing to the Titles Administrator, specify survey information that is appropriate for the Titles Administrator to make available to specified persons. The responsible Commonwealth Minister must not do so unless the responsible Commonwealth Minister has considered whether it is in the national interest for that information not to be made available to those persons.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

 (5) The responsible Commonwealth Minister may, by notice in writing to the Titles Administrator, specify survey information that is not appropriate for the Titles Administrator to make available to any person because the responsible Commonwealth Minister considers that it is in the national interest for that information not to be made available to any person.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Requirements for responsible Commonwealth Minister—making survey information available to a person

 (6) The responsible Commonwealth Minister must not make survey information available to a person under subregulation 8.11(1) or 8.13(1) unless:

 (a) that information is covered by a notice under subregulation (3) of this regulation; or

 (b) that information and person are covered by a notice under subregulation (4) of this regulation; or

 (c) if paragraphs (a) and (b) do not apply, that information is not covered by a notice under subregulation (5) of this regulation and the person has not already requested the Titles Administrator to make that information available to that person—the responsible Commonwealth Minister has considered whether it is in the national interest not to make that information available to that person.

Note: For survey information, see subregulation (8).

No limits on matters the responsible Commonwealth Minister may consider

 (7) Paragraph (2)(a), subregulations (4) and (5) and paragraph (6)(c) do not limit the matters the responsible Commonwealth Minister may consider.

Survey information

 (8) For the purposes of this Division, survey information is the following documentary information:

 (a) documentary information relating to seismic surveys, geophysical surveys or geological surveys;

 (b) documentary information obtained from reprocessing as mentioned in subregulation 8.11(3).

5  At the end of subregulation 10.11(1)

Add:

 ; and (d) if the documentary information is survey information—one of the following applies:

 (i) in relation to the Titles Administrator making the survey information available to a person—the requirements of subregulation 10.13A(1) are met;

 (ii) in relation to the Titles Administrator or the responsible Commonwealth Minister making the survey information publicly known—the survey information is covered by a notice under subregulation 10.13A(3);

 (iii) in relation to the responsible Commonwealth Minister making the survey information available to a person—the requirements of subregulation 10.13A(6) are met.

Note: For survey information, see subregulation 10.13A(8).

6  Subregulation 10.13(1)

Repeal the subregulation, substitute:

 (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) either:

 (i) the greenhouse gas titleholder who gave the information to the Titles Administrator has made the information publicly known; or

 (ii) 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; and

 (b) if the documentary information is survey information (other than interpretative information)—one of the following applies:

 (i) in relation to the Titles Administrator making the survey information available to a person—the requirements of subregulation 10.13A(1) are met;

 (ii) in relation to the Titles Administrator or the responsible Commonwealth Minister making the survey information publicly known—the survey information is covered by a notice under subregulation 10.13A(3);

 (iii) in relation to the responsible Commonwealth Minister making the survey information available to a person—the requirements of subregulation 10.13A(6) are met.

Note: For survey information, see subregulation 10.13A(8).

7  At the end of Division 3 of Part 10

Add:

Requirements for Titles Administrator—making survey information available to a person

 (1) The Titles Administrator must not make survey information available to a person under subregulation 10.11(1) or 10.13(1) unless:

 (a) that information is covered by a notice under subregulation (3) of this regulation; or

 (b) that information and person are covered by a notice under subregulation (4) of this regulation; or

 (c) if paragraphs (a) and (b) do not apply and that information is not covered by a notice under subregulation (5) of this regulation:

 (i) the Titles Administrator has, in writing, notified the responsible Commonwealth Minister of that person and of that information; and

 (ii) the responsible Commonwealth Minister agrees to that information being made available to that person.

Note: For survey information, see subregulation (8).

 (2) The responsible Commonwealth Minister must:

 (a) in deciding whether to agree for the purposes of subparagraph (1)(c)(ii), consider whether it is in the national interest not to make the whole or a part of that information available to that person; and

 (b) in writing, notify the Titles Administrator:

 (i) that the responsible Commonwealth Minister does not agree to any of that information being made available to that person; or

 (ii) that the responsible Commonwealth Minister agrees to the whole of that information being made available to that person; or

 (iii) that the responsible Commonwealth Minister agrees to a specified part of that information being made available to that person.

 (3) The responsible Commonwealth Minister may, by notice in writing to the Titles Administrator, specify survey information that is appropriate for the Titles Administrator to make publicly known.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

 (4) The responsible Commonwealth Minister may, by notice in writing to the Titles Administrator, specify survey information that is appropriate for the Titles Administrator to make available to specified persons. The responsible Commonwealth Minister must not do so unless the responsible Commonwealth Minister has considered whether it is in the national interest for that information not to be made available to those persons.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

 (5) The responsible Commonwealth Minister may, by notice in writing to the Titles Administrator, specify survey information that is not appropriate for the Titles Administrator to make available to any person because the responsible Commonwealth Minister considers that it is in the national interest for that information not to be made available to any person.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Requirements for responsible Commonwealth Minister—making survey information available to a person

 (6) The responsible Commonwealth Minister must not make survey information available to a person under subregulation 10.11(1) or 10.13(1) unless:

 (a) that information is covered by a notice under subregulation (3) of this regulation; or

 (b) that information and person are covered by a notice under subregulation (4) of this regulation; or

 (c) if paragraphs (a) and (b) do not apply, that information is not covered by a notice under subregulation (5) of this regulation and the person has not already requested the Titles Administrator to make that information available to that person—the responsible Commonwealth Minister has considered whether it is in the national interest not to make that information available to that person.

Note: For survey information, see subregulation (8).

No limits on matters the responsible Commonwealth Minister may consider

 (7) Paragraph (2)(a), subregulations (4) and (5) and paragraph (6)(c) do not limit the matters the responsible Commonwealth Minister may consider.

Survey information

 (8) For the purposes of this Division, survey information is the following documentary information:

 (a) documentary information relating to seismic surveys, geophysical surveys or geological surveys;

 (b) documentary information obtained from reprocessing as mentioned in subregulation 10.11(3).

8  In the appropriate position in Part 13

Insert:

Application provision

 (1) The amendments of regulations 8.11 and 8.13 made by Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Release of Documentary Information) Regulations 2025, and regulation 8.13AA as inserted by that Schedule, apply in relation to the making of a decision by the Titles Administrator, or responsible Commonwealth Minister, under subregulation 8.11(1) or 8.13(1) on or after the commencement of that Schedule.

Transitional provision

 (2) If:

 (a) before the commencement of this subregulation, the Titles Administrator, or responsible Commonwealth Minister, had made a decision under subregulation 8.11(1) or 8.13(1) to make documentary information publicly known or available to a person; and

 (b) that documentary information is survey information (within the meaning of regulation 8.13AA); and

 (c) the Titles Administrator or responsible Commonwealth Minister had not actually made that documentary information publicly known, or available to that person, before that commencement;

then the amendments made by Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Release of Documentary Information) Regulations 2025 apply in relation to the making of that documentary information publicly known, or available to that person, on or after the commencement of that Schedule.

Application provision

 (1) The amendments of regulations 10.11 and 10.13 made by Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Release of Documentary Information) Regulations 2025, and regulation 10.13A as added by that Schedule, apply in relation to the making of a decision by the Titles Administrator, or responsible Commonwealth Minister, under subregulation 10.11(1) or 10.13(1) on or after the commencement of that Schedule.

Transitional provision

 (2) If:

 (a) before the commencement of this subregulation, the Titles Administrator, or responsible Commonwealth Minister, had made a decision under subregulation 10.11(1) or 10.13(1) to make documentary information publicly known or available to a person; and

 (b) that documentary information is survey information (within the meaning of regulation 10.13A); and

 (c) the Titles Administrator or responsible Commonwealth Minister had not actually made that documentary information publicly known, or available to that person, before that commencement;

then the amendments made by Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Release of Documentary Information) Regulations 2025 apply in relation to the making of that documentary information publicly known, or available to that person, on or after the commencement of that Schedule.