1998‑99

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Petroleum (Submerged Lands) Legislation Amendment Bill 1999

No.      , 1999

(Industry, Science and Resources)

A Bill for an Act to amend petroleum (submerged lands) legislation, and for related purposes 

ISBN:  0642 404658

Contents
1	Short title	1
2	Commencement	1
3	Schedule(s)	2
Schedule 1—Amendment of the Petroleum (Submerged Lands) Act 1967	3
Schedule 2—Amendment of the Petroleum (Submerged Lands) Fees Act 1994	55

A Bill for an Act to amend petroleum (submerged lands) legislation, and for related purposes 
The Parliament of Australia enacts:
1  Short title
		This Act may be cited as the Petroleum (Submerged Lands) Legislation Amendment Act 1999.
2  Commencement
	(1)	Subject to this section, this Act commences on the day on which it receives the Royal Assent.
	(2)	Subject to subsection (3), items 34, 35, 43, 44, 60, 61, 62, 64, 65, 74, 103 and 145 of Schedule 1 commence on a day to be fixed by Proclamation.
	(3)	If the items mentioned in subsection (2) do not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, those items commence on the first day after the end of that period.
3  Schedule(s)
		Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Petroleum (Submerged Lands) Act 1967
  
1  Subsection 5(1)
Insert:
facility includes a structure or installation of any kind.
2  Subsection 5(1)
Insert:
good processing and transport practices means all those things that are generally accepted as good and safe in the processing and storage of petroleum and the preparation of petroleum for transport.
3  Subsection 5(1)
Insert:
infrastructure facilities means facilities for engaging in any of the following activities:
	(a)	remote control of facilities used for the recovery of petroleum in a licence area;
	(b)	processing petroleum recovered in any place, including:
	(i)	converting petroleum into another form by physical or chemical means or both (for example, converting it into liquefied natural gas or methanol); and
	(ii)	partial processing of petroleum (for example, by the removal of water);
	(c)	storing petroleum before it is transported to another place;
	(d)	preparing petroleum (for example, by operations such as pumping or compressing) for transport to another place;
	(e)	activities related to any of the above, other than activities of a kind that can be engaged in under a permit, lease, licence or pipeline licence;
being:
	(f)	facilities that are resting on the seabed; or
	(g)	facilities (including facilities that are floating) that are fixed or connected to the seabed; or
	(h)	facilities that are attached or tethered to facilities referred to in paragraph (f) or (g).
4  Subsection 5(1)
Insert:
infrastructure licence means an infrastructure licence under Part III.
5  Subsection 5(1)
Insert:
infrastructure licence area, in relation to an infrastructure licence, means the place in respect of which the infrastructure licence is in force.
6  Subsection 5(1)
Insert:
infrastructure licensee means the registered holder of an infrastructure licence.
7  Subsection 5(1) (definition of registered holder)
Before “pipeline licence” (wherever occurring), insert “infrastructure licence,”.
8  Subsection 5(1) (at the end of paragraphs (a), (b), (c), (ca) and (d) of the definition of the relinquished area)
Add “and”.
9  Subsection 5(1) (after paragraph (ca) of the definition of the relinquished area)
Insert:
	(cb)	in relation to an infrastructure licence that has been surrendered, cancelled or terminated—the place that constituted the infrastructure licence area; and
10  Subsection 5(2)
Before “pipeline licence” (first and second occurring), insert “infrastructure licence,”.
11  Subsection 5(2)
Omit “pipeline licence,” (third and fourth occurring).
12  Subsection 5(3)
Before “or pipeline licence” (wherever occurring), insert “, infrastructure licence”.
13  Subsection 5(6)
Repeal the subsection.
14  Subsection 5(8)
Before “pipeline licence”, insert “infrastructure licence,”.
15  Section 5AAA
Repeal the section, substitute:
5AAA  Effect of changes to, or reassessment of the location of, the baseline of Australia’s territorial sea on permits, leases, licences, infrastructure licences or pipeline licences
	(1)	If:
	(a)	a petroleum mining instrument has been granted on the basis that an area is within the adjacent area in respect of a State or the Northern Territory; and
	(b)	there is a change to the baseline of Australia’s territorial sea or, because new data are obtained or existing data are reconsidered, the location of the baseline is reassessed; and
	(c)	as a result of the change to, or reassessment of the location of, the baseline, the area:
	(i)	ceases to be within the adjacent area in respect of the State or Territory; and
	(ii)	falls within the coastal waters of the State or Territory;
this Act applies in relation to the petroleum mining instrument as if the first‑mentioned area were still within the adjacent area in respect of the State or Territory.
	(2)	Subsection (1) continues to apply to the area only while the petroleum mining instrument remains in force.
	(3)	If:
	(a)	a petroleum mining instrument has been granted by a State or the Northern Territory on the basis that an area is within the coastal waters of the State or Territory; and
	(b)	there is a change to the baseline of Australia’s territorial sea or, because new data are obtained or existing data are reconsidered, the location of the baseline is reassessed; and
	(c)	as a result of the change to, or reassessment of the location of, the baseline, the area:
	(i)	ceases to be within the coastal waters of the State or Territory; and
	(ii)	falls within the adjacent area in respect of the State or Territory;
then, so far as the petroleum mining instrument is concerned, this Act does not apply to the first‑mentioned area.
	(4)	Subsection (3) continues to apply to the area only while the petroleum mining instrument granted by the State or the Northern Territory remains in force.
	(5)	In this section:
coastal waters, in relation to a State or the Northern Territory, means so much of the area off the coast of the State or Territory that is described in Schedule 2 as is constituted by:
	(a)	the first 3 nautical miles of the territorial sea from the baseline; and
	(b)	any waters that are within the baseline and not within the limit of the State or Territory.
petroleum mining instrument means a permit, lease, licence, infrastructure licence or pipeline licence.
16  Subsection 18(1)
Omit “or licence”, substitute “, licence or infrastructure licence”.
17  Section 18
Before “special prospecting authority” (wherever occurring), insert “infrastructure licence,”.
18  Subsection 19(1) (penalty)
Repeal the penalty, substitute:
Penalty:	Imprisonment for 5 years.
19  Paragraph 21(1)(a)
Repeal the paragraph.
20  After section 21
Insert:
21A  Where 2 or more applications are made in respect of the same block or blocks
	(1)	This section applies if 2 or more applications have been made under section 20 for the grant of a permit in respect of the same block or blocks.
	(2)	The Joint Authority may grant the permit to whichever applicant, in the Authority’s opinion, is most deserving of the grant of the permit having regard to criteria made publicly available by the Authority.
	(3)	For the purposes of subsection (2), the Authority may rank the applicants in the order in which they are deserving of the grant, the most deserving applicant being ranked highest.
	(4)	The Joint Authority may exclude from the ranking any applicant that, in the Authority’s opinion, is not deserving of the grant of the permit.
	(5)	If the Joint Authority is of the opinion that, after considering the information accompanying the applications, 2 or more of the applicants are equally deserving of the grant of the permit, the Authority may, by written notice served on each of those applicants, invite them to give to the Authority, within a period stated in the notice, particulars of the applicant’s proposals for additional work and expenditure in respect of the block or blocks specified in the application, being particulars that the Authority considers to be relevant in determining which of the applicants is most deserving of the grant of the permit.
	(6)	If any particulars are given by applicants to the Joint Authority in accordance with the invitations contained in the notices served under subsection (5), the Authority must have regard to the particulars in determining whichever of the applicants is most deserving of the grant of the permit.
21  After section 22
Insert:
22AA  Withdrawal by a joint applicant
		If:
	(a)	an application made under section 20 for the grant of a permit was a joint application; and
	(b)	all of the joint applicants, by written notice served on the Joint Authority, tell the Authority that one or more, but not all, of them, as specified in the notice, withdraw from the application;
the following paragraphs have effect:
	(c)	the application continues in force as if it had been made by the remaining applicant or applicants;
	(d)	if the Joint Authority had informed the joint applicants that it was prepared to grant to the applicants a permit in respect of the block or blocks to which the application relates—the Joint Authority is taken not to have so informed the applicants.
22AB  Withdrawal of application
		The person who has made, or all the persons who have jointly made, an application under section 20 for the grant of a permit may, by written notice served on the Joint Authority, withdraw the application at any time before a permit is granted in respect of the application.
22AC  Effect of withdrawal or lapse of application
		If:
	(a)	2 or more applications have been made under section 20 for the grant of a permit in respect of the same block or blocks; and
	(b)	one or more, but not all, of the applications are withdrawn or have lapsed;
the following paragraphs have effect:
	(c)	the withdrawn or lapsed application or applications are taken not to have been made;
	(d)	if the Joint Authority had informed the applicant or one of the applicants whose application had been withdrawn or had lapsed that it was prepared to grant to that applicant a permit in respect of the block or blocks—the Joint Authority is taken not to have so informed the applicant concerned;
	(e)	if the applicant or one of the applicants whose application had been withdrawn had requested the Joint Authority under subsection 22(3) to grant a permit to the applicant concerned—the request is taken not to have been made;
	(f)	if the Joint Authority had refused to grant a permit to the remaining applicant or to any of the remaining applicants—the refusal or refusals are taken not to have occurred.
22  Paragraph 23(4)(a)
Repeal the paragraph.
23  Paragraph 24(3)
Omit “, unless the Designated Authority otherwise determines,”.
24  Subparagraph 25(5)(b)(ii)
Omit “or enter into an agreement under section 109 in respect of that balance”.
25  Paragraph 26(1)(b)
Omit “or enter into an agreement under section 109 in respect of that balance”.
26  Paragraph 26(2)(b)
Omit “or entered into an agreement under section 109 in respect of that balance”.
27  Paragraph 27(b)
Omit “or has entered into an agreement under section 109 in respect of that balance”.
28  At the end of section 29
Add:
Extension of permit in respect of block included in location when lease or licence applied for
	(2)	If:
	(a)	a permit in respect of a block or blocks cannot be renewed or further renewed; and
	(b)	before the time when the permit would, apart from this subsection, expire, the permittee has duly made an application to the Designated Authority for the grant by the Joint Authority of a lease or licence in respect of the block, or one or more of the blocks, being a block or blocks that are included in a location;
the permit continues in force in respect of the block or blocks to which the application relates until:
	(c)	if the Joint Authority tells the permittee that it is prepared to grant to the permittee a lease or licence in respect of the block or one or more of the blocks—such a lease or licence is granted, the permittee withdraws the application or the application lapses; or
	(d)	if the Joint Authority decides not to grant to the permittee such a lease—the end of the period of one year after the day of the service under subsection 38B(2) or (2A) of the instrument or notice refusing to grant the lease; or
	(e)	if the Joint Authority decides not to grant to the permittee such a licence—notice of the decision is served on the permittee.
29  Paragraph 30(2)(a)
Repeal the paragraph.
30  Subsection 31(1)
Omit “subsection (2A)”, substitute “subsections (2A), (3), (4) and (5)”.
31  Subsections 31(3) to (6)
Repeal the subsections, substitute:
	(3)	An application cannot be made for the renewal of a permit in respect of only one block.
	(4)	If a permit is in force in respect of 5 or 6 blocks, an application may be made for the renewal of the permit in respect of 4 of those blocks.
	(5)	If a permit is in force in respect of 2, 3 or 4 blocks, an application may be made for the renewal of the permit in respect of all those blocks.
	(6)	An application may not be made for the further renewal of a permit that was renewed as a result of an application referred to in subsection (5).
32  Saving
Despite the repeal by item 31 of subsection 31(5) of the Petroleum (Submerged Lands) Act 1967 as in force at the time immediately before the commencement of that item, that subsection as in force at that time continues to apply in respect of the first application after the commencement of that item for the renewal of a permit that was granted under that Act before that commencement.
33  At the end of subsection 34(1)
Add:
Penalty:	100 penalty units.
34  Subsections 34(2) and (3) and the penalty
Repeal the subsections and the penalty.
35  Section 35
Repeal the section.
36  At the end of section 37
Add:
	(7)	The Joint Authority may form an opinion for the purposes of this section if it considers that there are reasonable grounds for forming the opinion having regard to any information in its possession, whether provided by the permittee or otherwise.
37  Paragraph 38A(2)(a)
Repeal the paragraph.
38  Subsection 38B(1)
Repeal the subsection, substitute:
	(1)	If:
	(a)	an application has been made under section 38A; and
	(b)	the applicant has furnished any further information as and when required by the Designated Authority under subsection 38A(3); and
	(c)	the Joint Authority is satisfied that:
	(i)	the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and
	(ii)	the recovery of petroleum from that area is not, at the time of the application, commercially viable but is likely to become commercially viable within 15 years after that time;
the Joint Authority must, by written notice served on the applicant, tell the applicant that it is prepared to grant to the applicant a lease in respect of the block or blocks as to which the Joint Authority is satisfied as mentioned in paragraph (c).
39  Paragraph 38B(2)(b)
Omit “the blocks”, substitute “the block, or all the blocks,”.
40  After subsection 38B(2)
Insert:
	(2A)	If:
	(a)	an application has been made under section 38A specifying 2 or more blocks; and
	(b)	the Joint Authority is not satisfied as to the matters referred to in paragraph (1)(c) in relation to one or more, but not all, of the blocks;
the Joint Authority must, by notice in writing served on the applicant, refuse to grant a lease to the applicant in respect of the block or blocks as to which it is not satisfied as mentioned in paragraph (1)(c).
41  Paragraph 38F(2)(a)
Repeal the paragraph.
42  At the end of subsection 38J(1)
Add:
Penalty:	100 penalty units.
43  Subsections 38J(2) and (3) and the penalty
Repeal the subsections and the penalty.
44  Section 38K
Repeal the section.
45  Section 39 (penalty)
Repeal the penalty, substitute:
Penalty:	Imprisonment for 5 years.
46  Paragraph 41(1)(a)
Repeal the paragraph.
47  Subsection 43(1)
Repeal the subsection, substitute:
	(1)	This section applies if an application for the grant of a licence has been made under section 39A, 40, 40A or 40B.
	(1A)	If:
	(a)	the applicant has given any further information as and when required by the Designated Authority under subsection 41(2); and
	(b)	the Joint Authority is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum;
the Joint Authority must, by written notice served on the applicant, tell the applicant that it is prepared to grant to the applicant a licence in respect of the block or blocks as to which the Joint Authority is satisfied as mentioned in paragraph (b).
48  Subsection 43(2)
Omit “An instrument under subsection (1)”, substitute “A notice under subsection (1A)”.
49  At the end of section 43
Add:
	(3)	If the Joint Authority decides not to grant to the applicant a licence in respect of the block, or any of the blocks, specified in the application because:
	(a)	the applicant has failed to comply with a requirement made by the Designated Authority under subsection 41(2); or
	(b)	the Joint Authority is not satisfied that the area comprised in the block, or any of the blocks, contains petroleum;
the Joint Authority must, by written notice served on the applicant, tell the applicant of its decision and the reasons for the decision.
50  Subsection 44(2)
Omit “blocks specified in the application”, substitute “block or blocks as to which it is satisfied as mentioned in paragraph 43(1A)(b)”.
51  Subsection 45(1)
Omit “the blocks specified in the application”, substitute “such of the blocks specified in the application as are blocks as to which the Joint Authority is satisfied as mentioned in paragraph 43(1A)(b)”.
52  Paragraph 47(6)(a)
Repeal the paragraph.
53  Subsection 48(3)
Omit “, unless the Designated Authority otherwise determines,”.
54  Subparagraph 49(5)(c)(ii)
Omit “or enter into an agreement under section 109 in respect of that balance”.
55  Paragraph 49(6)(b)
Omit “or enter into an agreement under section 109 in respect of that balance”.
56  Paragraph 49(7)(b)
Omit “or entered into an agreement under section 109 in respect of that balance”.
57  Paragraph 50(b)
Omit “or entered into an agreement under section 109 in respect of that balance”.
58  Paragraphs 51(2)(a) and 54(2)(a)
Repeal the paragraphs.
59  After Division 3 of Part III
Insert:
Division 3A—Infrastructure licences
59A  Construction etc. of infrastructure facilities
		A person must not, in the adjacent area:
	(a)	begin or continue the construction, or the alteration or reconstruction, of any infrastructure facilities; or
	(b)	operate any infrastructure facilities;
except under and in accordance with an infrastructure licence.
Penalty:	Imprisonment for 5 years.
59B  Application for infrastructure licence
	(1)	A person may apply to the Designated Authority for the grant by the Joint Authority of an infrastructure licence.
	(2)	The application:
	(a)	is to be made in an approved manner; and
	(b)	is to be accompanied by particulars of the proposals of the applicant for the construction and operation of facilities at a place in an adjacent area, being a place described in the application; and
	(c)	may set out any other matters that the applicant wishes to be considered; and
	(d)	is to be accompanied by the prescribed fee.
	(3)	The Designated Authority may, at any time, by written notice served on the applicant, require the applicant to give, within the period stated in the notice, further written information in connection with the application.
59C  Notification as to grant of an infrastructure licence
	(1)	If an application for the grant of an infrastructure licence has been made under section 59B and the applicant has given any further information as and when required by the Designated Authority under subsection 59B(3), then, subject to section 59D, the Joint Authority, by written notice served on the applicant, may inform the applicant that the Joint Authority is prepared to grant to the applicant an infrastructure licence in respect of the place described in the application.
	(2)	A notice under subsection (1) must:
	(a)	contain a summary of the conditions subject to which the infrastructure licence is to be granted; and
	(b)	contain a statement to the effect that the application will lapse if the applicant does not make a request under subsection 59E(1) in respect of the grant of the infrastructure licence.
59D  Notices to be given by Joint Authority
	(1)	This section applies if the Joint Authority is prepared to grant an infrastructure licence (the proposed infrastructure licence) in respect of a place in a block that:
	(a)	is the subject of a permit, lease, licence, infrastructure licence, special prospecting authority or access authority; or
	(b)	is, or is proposed to be, transected by a pipeline in accordance with the provisions of a pipeline licence;
of which the registered holder is a person other than the applicant.
	(2)	The Joint Authority must not inform the applicant under section 59C that the Joint Authority is prepared to grant the proposed infrastructure licence unless the Joint Authority:
	(a)	has, by written notice served on the registered holder referred to in subsection (1), given not less than one month’s notice that the Authority is prepared to grant the proposed infrastructure licence; and
	(b)	has served a copy of the notice on such other persons (if any) as the Authority thinks fit; and
	(c)	has, in the notice:
	(i)	given particulars of the proposed infrastructure licence; and
	(ii)	specified a date, on or before which a person on whom the notice, or a copy of the notice, is served may, by writing served on the Authority, submit any matters that the person wishes the Authority to consider; and
	(d)	has taken into account any matters so submitted on or before the specified date by a person on whom the first‑mentioned notice, or a copy of it, has been served.
	(3)	Subsection (2) does not apply:
	(a)	in respect of the registered holder of a permit, lease, licence, infrastructure licence or pipeline licence if the registered holder has consented in writing to the grant of the proposed infrastructure licence; or
	(b)	in respect of the registered holder of a special prospecting authority or an access authority if:
	(i)	the registered holder has consented in writing to the grant of the proposed infrastructure licence; or
	(ii)	the special prospecting authority or access authority will expire before any construction or operation of facilities under the proposed infrastructure licence would occur.
59E  Grant of infrastructure licence
	(1)	An applicant on whom a notice has been served under subsection 59C(1) (the applicant) may, by written notice served on the Designated Authority, request the Joint Authority to grant to the applicant the infrastructure licence referred to in the first‑mentioned notice.
	(2)	The request must be made:
	(a)	before the end of 3 months after the date of service of the notice on the applicant under subsection 59C(1); or
	(b)	if the Designated Authority, on application in writing served on that Authority before the end of that period, allows a further period of not more than 3 months for the making of the request—before the end of that further period.
	(3)	If the applicant makes the request within the period applicable under subsection (2), the Joint Authority must grant to the applicant an infrastructure licence in respect of the place described in the application.
	(4)	If the applicant does not make the request within the period applicable under subsection (2), the application lapses at the end of that period.
59F  Rights conferred by infrastructure licence
	(1)	An infrastructure licence, while it remains in force, authorises the infrastructure licensee, subject to this Act and the regulations and in accordance with the conditions to which the infrastructure licence is subject, to construct and operate infrastructure facilities in the infrastructure licence area.
	(2)	Nothing in an infrastructure licence authorises the holder to explore for or recover petroleum, construct a pipeline or a secondary line or do anything else that could be authorised to be done by a permit, lease, licence or pipeline licence.
	(3)	To avoid doubt, the grant of an infrastructure licence is not a prerequisite to doing anything referred to in subsection (2).
59G  Term of infrastructure licence
		Subject to this Part, an infrastructure licence remains in force indefinitely.
59H  Termination of infrastructure licence if no operations for 5 years
	(1)	If an infrastructure licensee:
	(a)	has not carried out any construction work under the infrastructure licence for a continuous period of at least 5 years; and
	(b)	has not used the facilities constructed under the infrastructure licence for a continuous period of at least 5 years;
the Joint Authority may, by written notice served on the infrastructure licensee, inform the infrastructure licensee that the Joint Authority proposes to terminate the infrastructure licence after the end of one month after the notice is served.
	(2)	At any time after the end of one month after the notice referred to in subsection (1) is served on the infrastructure licensee, the Joint Authority may, by written notice served on the infrastructure licensee, terminate the infrastructure licence.
	(3)	In working out, for the purposes of subsection (1), the duration of the period in which an infrastructure licensee did not carry out any construction work under the infrastructure licence or did not use the facilities constructed under the infrastructure licence, any period in which construction work was not carried out, or the facilities were not used, because of circumstances beyond the infrastructure licensee’s control is to be disregarded.
59J  Conditions of infrastructure licence
		An infrastructure licence may be granted subject to such conditions as the Joint Authority thinks fit and are specified in the infrastructure licence.
59K  Variation of infrastructure licence
	(1)	An infrastructure licensee may, at any time, make an application to the Designated Authority for the variation by the Joint Authority of the infrastructure licence.
	(2)	An application under this section:
	(a)	is to be made in the approved manner; and
	(b)	is to be accompanied by particulars of the proposed variation; and
	(c)	is to set out the reasons for the proposed variation; and
	(d)	is to be accompanied by the prescribed fee.
	(3)	The Designated Authority may, at any time, by written notice served on the applicant, require the applicant to give, within the period stated in the notice, further written information in connection with the application.
	(4)	If the infrastructure licence was granted in respect of a place in a block that:
	(a)	is the subject of a permit, lease, licence, infrastructure licence, special prospecting authority or access authority; or
	(b)	is, or is proposed to be, transected by a pipeline in accordance with the provisions of a pipeline licence;
of which the registered holder is a person other than the applicant, the Joint Authority must not vary the infrastructure licence pursuant to the application unless the Designated Authority:
	(c)	has, by written notice served on the registered holder, given not less than one month’s notice that the Joint Authority is considering the application; and
	(d)	has served a copy of the notice on such other persons (if any) as the Joint Authority thinks fit; and
	(e)	has, in the notice:
	(i)	given particulars of the proposed variation; and
	(ii)	specified a date on or before which a person on whom the notice, or a copy of the notice, is served may, by writing served on the Joint Authority, submit any matters that the person wishes the Joint Authority to consider.
	(5)	Subsection (4) does not apply:
	(a)	in respect of the registered holder of a permit, lease, licence, infrastructure licence or pipeline licence if the registered holder has consented in writing to the variation of the infrastructure licence; or
	(b)	in respect of the registered holder of a special prospecting authority or an access authority if:
	(i)	the registered holder has consented in writing to the variation of the infrastructure licence; or
	(ii)	the special prospecting authority or access authority will expire before any construction or operation of facilities under the infrastructure licence as proposed to be varied would occur.
	(6)	After considering any matters submitted to the Designated Authority under subsection (4) on or before the date specified in the notice served under that subsection by a person to whom the notice, or a copy of the notice, has been served, the Joint Authority may:
	(a)	by written notice served on the applicant, vary the infrastructure licence to such extent as the Joint Authority thinks necessary; or
	(b)	refuse to vary the infrastructure licence.
60  Subsections 60(2) and (3)
Repeal the subsections.
61  Subsection 60(4)
Repeal the subsection, substitute:
	(4)	A person must not, in the adjacent area, commence to operate a pipeline unless:
	(a)	it has been constructed and tested in accordance with a pipeline licence; and
	(b)	the Designated Authority has certified in writing that he or she is satisfied that the pipeline has been so constructed and tested and is fit to be operated.
62  Subsection 60(5)
Omit “, secondary line or a water line”.
63  Section 60 (penalty)
Repeal the penalty, substitute:
Penalty:	Imprisonment for 5 years.
64  Paragraph 61(a)
Omit “, water line, pumping station, tank station, valve station or secondary line” (wherever occurring).
65  Subsections 62(1) and (2)
Omit “, water line, pumping station, tank station, valve station or secondary line” (wherever occurring).
66  Paragraph 64(1)(a)
Repeal the paragraph.
67  Subsection 67(1)
Repeal the subsection, substitute:
	(1)	Subject to this Part, a pipeline licence remains in force indefinitely.
68  Application
The amendment made by item 67 applies to pipeline licences in force immediately before the commencement of that item (including pipeline licences that had been renewed under section 69 of the Petroleum (Submerged Lands) Act 1967 as in force before that commencement or to which subsection 69(8) of that Act as so in force applied) as well as to pipeline licences granted after that commencement.
69  After section 67
Insert:
67A  Termination of pipeline licence if no operations for 5 years
	(1)	If a pipeline licensee:
	(a)	has not carried out any construction work under the pipeline licence for a continuous period of at least 5 years; and
	(b)	has not used the pipeline or a part of the pipeline for a continuous period of at least 5 years;
the Joint Authority may, by written notice served on the pipeline licensee, inform the pipeline licensee that the Joint Authority proposes to terminate the pipeline licence, or to terminate the pipeline licence in respect of the part of the pipeline, as the case may be, after the end of one month after the notice is served.
	(2)	At any time after the end of one month after the notice referred to in subsection (1) is served on the pipeline licensee, the Joint Authority may, by written notice served on the pipeline licensee, terminate the pipeline licence or terminate the pipeline licence in respect of the part of the pipeline, as the case may be.
	(3)	In working out, for the purposes of subsection (1), the duration of the period in which a pipeline licensee did not carry out any construction work under the pipeline licence or did not use the pipeline or a part of the pipeline, any period in which construction work was not carried out, or the pipeline or part of the pipeline was not used, because of circumstances beyond the pipeline licensee’s control is to be disregarded.
70  Sections 68 and 69
Repeal the sections.
71  Subsection 70(3)
Repeal the subsection.
72  Saving
A renewal of a pipeline licence that was in force under section 70 of the Petroleum (Submerged Lands) Act 1967 immediately before the repeal of subsection (3) of that section continues, subject to Part III of that Act, to be subject to any conditions referred to in that subsection to which it was subject immediately before the repeal.
73  Paragraph 71(2)(a)
Repeal the paragraph.
74  Subsection 72(1)
Omit “, or of a water line, pumping station, tank station, valve station or secondary line,”.
75  Subsection 72(2) (penalty)
Repeal the penalty, substitute:
Penalty:	Imprisonment for 5 years.
76  Subsection 74(1) (penalty)
Repeal the penalty, substitute:
Penalty:	Imprisonment for 5 years.
77  Section 75
Before “pipeline licence”, insert “infrastructure licence,”.
78  At the end of paragraphs 76(2)(a) and (b)
Add “and”.
79  After paragraph 76(2)(b)
Insert:
	(ba)	in the case of an infrastructure licence, setting out particulars of the infrastructure licence area; and
80  At the end of paragraphs 76(2)(c), (d) and (e)
Add “and”.
81  Paragraph 76(2)(g)
Before “pipeline licence”, insert “infrastructure licence,”.
82  Paragraph 76(3)(c)
Repeal the paragraph.
83  Subparagraph 81A(4)(a)(i)
Before “or pipeline licence”, insert “, infrastructure licence”.
84  Subsection 82(1) (penalty)
Omit “$10,000”, substitute “100 penalty units”.
85  Sections 84, 85 and 90 (penalty)
Omit “$5,000”, substitute “50 penalty units”.
86  Paragraphs 94(a) and (b)
Repeal the paragraphs, substitute:
	(a)	the grant of a permit, lease, licence, infrastructure licence or pipeline licence; and
	(aa)	the renewal of a permit, lease or licence; and
	(b)	the variation of a licence, infrastructure licence or pipeline licence; and
87  At the end of paragraph 94(c)
Add “and”.
88  After paragraph 94(c)
Insert:
	(ca)	the surrender or cancellation of an infrastructure licence; and
89  At the end of paragraph 94(d)
Add “and”.
90  Paragraph 94(e)
Repeal the paragraph, substitute:
	(e)	an application for a pipeline licence or for a variation of a pipeline licence; and
91  Paragraph 94(g)
Repeal the paragraph, substitute:
	(g)	the expiry of a permit, lease or licence, or the termination of a licence, infrastructure licence or pipeline licence, to be published in the Gazette.
92  After subsection 95(2)
Insert:
	(2A)	The surrender or cancellation of an infrastructure licence has effect on and from the day on which notice of the surrender or cancellation is published in the Gazette.
93  Subsection 95(4)
After “licence”, insert “, infrastructure licence or”.
94  Subsections 96(1) and (2)
Before “or pipeline licence” (wherever occurring), insert “, infrastructure licence”.
95  Subsections 96(1) and (2)
Before “or pipeline licensee”, insert “, infrastructure licensee”.
96  Section 96 (penalty)
Omit “$10,000”, substitute “100 penalty units”.
97  After subsection 97(2)
Insert:
	(2A)	An infrastructure licensee must carry out operations authorised by the infrastructure licence in a safe manner and in accordance with good oil‑field, processing and transport practices.
	(2B)	In particular and without limiting the generality of subsection (2A), but subject to any authorisation given, or requirement made, under this Act or the regulations or under any direction given under this Act, an infrastructure licensee must control the flow, and prevent the waste or escape, from a facility constructed under the infrastructure licence of water, petroleum or any product derived by processing petroleum.
98  Section 97 (penalty)
Omit “$10,000”, substitute “100 penalty units”.
99  Subsections 97A(1), (3) and (4)
Before “or pipeline licence” (wherever occurring), insert “, infrastructure licence”.
100  Subsection 98(1) (definition of operator)
Before “pipeline licensee”, insert “infrastructure licensee,”.
101  Subsection 98(1) (after paragraph (a) of the definition of the operations area)
Insert:
	and (aa)	in relation to an operator who is an infrastructure licensee—means the infrastructure licence area; and
102  Section 98 (penalty)
Omit “$10,000”, substitute “100 penalty units”.
103  Section 100
Repeal the section.
104  Subsection 101(1)
Before “pipeline licence”, insert “infrastructure licence,”.
105  Subsections 101(2A), (2B) and (2C) (penalty)
Omit “$5,000”, substitute “50 penalty units”.
106  Paragraph 102(2A)(a)
Before “pipeline licensee”, insert “infrastructure licensee,”.
107  Paragraph 103(1)(a)
Repeal the paragraph, substitute:
	(a)	a permit, lease or licence is, under this Part, to be taken to continue in force until the Joint Authority grants, or refuses to grant, the renewal of the permit, lease or licence;
108  Paragraph 103(1)(j)
Before “or pipeline licensee”, insert “, infrastructure licensee”.
109  Paragraph 103(1)(j)
Before “or pipeline licence”, insert “, infrastructure licence”.
110  Paragraph 103(1)(k)
Before “or pipeline licensee”, insert “, infrastructure licensee”.
111  Subsection 103(1)
After “served on the permittee, lessee, licensee”, insert “, infrastructure licensee”.
112  Paragraph 103(1)(n)
Before “or pipeline licensee”, insert “, infrastructure licensee”.
113  Subsection 103(1)
Before “or pipeline licence” (last occurring), insert “, infrastructure licence”.
114  Paragraph 103(2)(b)
Before “or pipeline licence”, insert “, infrastructure licence”.
115  Subsection 104(1)
Before “or pipeline licence”, insert “, infrastructure licence”.
116  After paragraph 104(1)(a)
Insert:
	or (aaa)	in the case of an infrastructure licence—as to the infrastructure licence area; or
117  Subsection 104(3)
Before “or pipeline licence”, insert “, infrastructure licence”.
118  After paragraph 104(5)(a)
Insert:
	(aa)	in relation to a surrender of an infrastructure licence—the infrastructure licence area; and
119  Section 105
Before “or pipeline licensee” (wherever occurring), insert “, infrastructure licensee”.
120  Paragraph 105(1)(a)
Before “or pipeline licence”, insert “, infrastructure licence”.
121  After paragraph 105(1)(e)
Insert:
	or (eaa)	in the case of an infrastructure licence—cancel the infrastructure licence; or”.
122  Subsection 105(2)
After “in force,” (first occurring), insert “cancel an infrastructure licence,”.
123  Section 106
Repeal the section, substitute:
106  Cancellation of permit etc. not affected by other provisions
	(1)	A permit, licence or pipeline licence may be wholly cancelled or partly cancelled, a lease may be wholly cancelled, and an infrastructure licence may be cancelled, on the ground that the registered holder of the permit, licence, pipeline licence, lease or infrastructure licence has not complied with a provision of this Part or of the regulations even though the holder has been convicted of an offence by reason of the holder’s failure to comply with the provision.
	(2)	A person who was the registered holder of a permit, lease, licence or pipeline licence that has been wholly cancelled, is the registered holder of a permit, licence or pipeline licence that has been partly cancelled, or was the registered holder of an infrastructure licence that has been cancelled, on the ground that the person has not complied with a provision of this Part or of the regulations may be convicted of an offence because of the person’s failure to comply with the provision, even though the permit, lease, licence, pipeline licence or infrastructure licence has been so cancelled.
	(3)	A permit, licence or pipeline licence may be wholly cancelled or partly cancelled, a lease may be wholly cancelled, and an infrastructure licence may be cancelled, on the ground that the registered holder of the permit, licence, pipeline licence, lease or infrastructure licence has not paid an amount payable by the holder under this Act, or under an Act with which this Act is incorporated, within 3 months after the day on which the amount became payable, even though judgment for the amount has been obtained or the amount, or any part of the amount, has been paid or recovered.
	(4)	A person who was the registered holder of a permit, lease, licence or pipeline licence that has been wholly cancelled, is the registered holder of a permit, licence or pipeline licence that has been partly cancelled, or was the registered holder of an infrastructure licence that has been cancelled, on the ground that the person has not paid an amount payable by the person under this Act, or under an Act with which this Act is incorporated, within 3 months after the day on which the amount became payable continues to be liable to pay that amount, together with any additional amount payable because of late payment of that amount, even though the permit, lease, licence, pipeline licence or infrastructure licence has been so cancelled.
124  Subsection 107(1)
Omit all the words and paragraph before paragraph (b), substitute:
	(1)	This section applies if:
	(a)	a permit has been wholly or partly determined or wholly or partly cancelled, or has expired; or
	(b)	a lease has been wholly or partly determined or wholly cancelled, or has expired; or
	(c)	a licence has been wholly or partly determined or wholly or partly cancelled, has been terminated or has expired; or
	(d)	an infrastructure licence has been cancelled or has been terminated; or
	(e)	a pipeline licence has been wholly or partly determined or wholly or partly cancelled, or has been terminated.
	(1A)	The Designated Authority may, by written notice served on the person who was, or is, as the case may be, the permittee, licensee, lessee, infrastructure licensee or pipeline licensee, direct the person to do any one or more of the following:
	(a)	to remove or cause to be removed from the relinquished area all property brought into the area by any person engaged or concerned in the operations authorised by the permit, licence, lease, infrastructure licence or pipeline licence or to make arrangements that are satisfactory to the Designated Authority with respect to the property;
125  Subsection 107(2)
Omit all the words and paragraph before paragraph (b), substitute:
	(2)	The Designated Authority may, by written notice served on a person who is a permittee, lessee, licensee, infrastructure licensee or pipeline licensee, direct the person to do any one or more of the following:
	(a)	to remove or cause to be removed from the permit area, lease area, licence area, infrastructure licence area or part of the adjacent area in which the pipeline is constructed, as the case may be, all property brought into the area or part by any person engaged or concerned in the operations authorised by the permit, lease, licence, infrastructure licence or pipeline licence or to make arrangements that are satisfactory to the Designated Authority with respect to the property;
126  Paragraph 107(3)(b)
Before “or pipeline licence”, insert “, infrastructure licence”.
127  Section 107 (penalty)
Omit “$10,000”, substitute “100 penalty units”.
128  Section 108
Omit all the words before paragraph (a), substitute:
	(1)	This section applies if:
	(a)	a permit has been wholly or partly determined or wholly or partly cancelled, or has expired; or
	(b)	a lease has been wholly or partly determined or wholly cancelled, or has expired; or
	(c)	a licence has been wholly or partly determined or wholly or partly cancelled, has been terminated or has expired; or
	(d)	an infrastructure licence has been cancelled or has been terminated; or
	(e)	a pipeline licence has been wholly or partly determined or wholly or partly cancelled, or has been terminated.
	(2)	If a direction under section 107 has not been complied with, or an arrangement under that section has not been carried out, in relation to the relinquished area:
129  Paragraph 108(b)
Omit “lease, licence or pipeline licence”, substitute “pipeline licence, licence, lease or infrastructure licence”.
130  Sections 109 and 110
Repeal the sections.
131  Paragraph 111(2)(a)
Repeal the paragraph.
132  Subsection 111(9) (penalty)
Omit “$10,000”, substitute “100 penalty units”.
133  Paragraph 112(2)(a)
Repeal the paragraph.
134  Subsection 112(10) (penalty)
Omit “$10,000”, substitute “100 penalty units”.
135  Subsection 112(11) (penalty)
Omit “$5,000”, substitute “50 penalty units”.
136  Paragraph 113(3)(b)
Before “pipeline licensee”, insert “, infrastructure licensee,”.
137  Subsection 115(1)
After “recovery of petroleum”, insert “, operations relating to the processing or storage of petroleum or the preparation of petroleum for transport”.
138  Subsection 115(2)
Omit all the words after “penalty”.
139  At the end of section 115
Add:
	(3)	However, any information furnished, answer given or document produced pursuant to the requirement, and any information or thing (including any document) obtained as a direct or indirect consequence of the furnishing of the information, the answering of the question or the production of the document, as the case may be, is not admissible in evidence against the person in any civil proceedings or in any criminal proceedings other than proceedings for an offence against section 117.
140  Section 117 (penalty)
Omit “$10,000”, substitute “100 penalty units”.
141  Section 118
Repeal the section.
142  Saving
(1)	Despite the repeal of section 118 of the Petroleum (Submerged Lands) Act 1967 by item 141, that section continues to apply in respect of information given to the Designated Authority before the commencement of item 161.
(2)	Any regulations providing for the calculation of a fee for the purposes of a provision of section 118 of the Petroleum (Submerged Lands) Act 1967 as in force immediately before the repeal of that section:
	(a)	continue in force for the purposes of that section as it continues to apply under subitem (1); and
	(b)	also separately continue in force as if they had been made for the purposes of the corresponding provision of Part IIIA inserted in that Act by item 161.
(3)	Any regulations in force under paragraph (2)(a) or (b) may, for the purposes of their application under that paragraph, be amended or repealed by regulations made under section 157 of the Petroleum (Submerged Lands) Act 1967. 
143  Subsection 119(3)
Omit “a penalty of a fine not exceeding $100,000 or imprisonment for a term not exceeding 10 years, or both”, substitute “imprisonment for not more than 10 years”.
144  Section 120 (penalty)
Omit “$10,000”, substitute “100 penalty units”.
145  Section 121
Repeal the section.
146  Subsection 122(1)
Before “pipeline licence”, insert “infrastructure licence,”.
147  Subsection 122(2) (penalty)
Omit “$10,000”, substitute “100 penalty units”.
148  Section 124
Before “pipeline licence”, insert “infrastructure licence,”.
149  Section 124 (penalty)
Omit “$10,000”, substitute “100 penalty units”.
150  After section 124
Insert:
124A  Interfering with offshore petroleum installation or operations
	(1)	A person must not intentionally or recklessly:
	(a)	cause damage to, or interfere with, any structure or vessel in an adjacent area that is, or is to be, used in exploring for, recovering, processing, storing, preparing for transport, or transporting, petroleum; or
	(b)	interfere with any operations or activities being carried out, or any works being executed, on, by means of, or in connection with, such a structure or vessel.
Penalty:	Imprisonment for 10 years.
	(2)	In this section:
structure means any fixed, moveable or floating structure or installation and includes a pipeline, pumping station, tank station or valve station.
151  Subsection 125(1)
Omit “Joint Authority”, substitute “Designated Authority”.
152  Saving
An appointment of a person as an inspector under subsection 125(1) of the Petroleum (Submerged Lands) Act 1967 by the Joint Authority that was in force immediately before the commencement of item 151 continues in force as if it had been made by the Designated Authority under that subsection as amended by that item.
153  Subsection 125(3) (penalty)
Omit “$500”, substitute “5 penalty units”.
154  Paragraph 126(1)(a)
After “recovery of petroleum”, insert “, operations relating to the processing or storage of petroleum or the preparation of petroleum for transport”.
155  Section 126 (penalty)
Omit “$5,000”, substitute “50 penalty units”.
156  Section 131
Repeal the section.
157  Paragraphs 133(1)(a) and (b)
Repeal the paragraphs, substitute:
	(a)	of an offence against this Act arising under section 19, 39, 59A or 60; or
	(b)	of an offence against section 6, 7 or 7A or subsection 86(1) of the Crimes Act 1914 in relation to an offence referred to in paragraph (a);
158  Paragraph 135(b)
Repeal the paragraph, substitute:
	(b)	an offence arising under section 6, 7 or 7A or subsection 86(1) of the Crimes Act 1914 in relation to an offence referred to in paragraph (a);
159  Subsection 138A(5)
Before “pipeline licence”, insert “infrastructure licence,”.
160  Subsection 140E(2)
Omit “$5000”, substitute “50 penalty units”.
161  After Part III
Insert:
Part IIIA—Release of information
Division 1—Preliminary
150  Definitions
	(1)	In this Part, unless the contrary intention appears:
applicable document means:
	(a)	an application made after the commencement of this Part to the Designated Authority under this Act; or
	(b)	a document accompanying such an application; or
	(c)	a report, return or other document relating to a block that has been given after the commencement of this Part to the Designated Authority under this Act.
confidential information has the meaning given by subsection (3).
contested information has the meaning given by subsection (4).
derivative information has the meaning given by subsection (2).
documentary information means information contained in an applicable document.
excluded information means:
	(a)	derivative information; or
	(b)	confidential information; or
	(c)	particulars of:
	(i)	the technical qualifications of an applicant for a petroleum mining instrument; or
	(ii)	the technical advice available to such an applicant; or
	(iii)	the financial resources available to such an applicant.
notice inviting objections to the disclosure of information has the meaning given by subsection (5).
petroleum mining instrument means a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority.
petroleum mining sample means a core or cutting from, or a sample of, the sea‑bed or subsoil, or a sample of petroleum recovered, that has been given at any time, whether before or after the commencement of this Part, to the Designated Authority and includes a portion of such a core, cutting or sample.
seismic data grid scaled in time means a series of vertical cross‑sections of a 3‑dimensional processed image of geological strata, being cross‑sections that form a grid of which:
	(a)	one direction is along the direction of surveying; and
	(b)	the other direction is at right angles to the direction mentioned in paragraph (a); and
	(c)	the interstices are:
	(i)	2 kilometres in length by 2 kilometres in breadth; or
	(ii)	such other length and breadth as are prescribed.
	(2)	Documentary information is derivative information if:
	(a)	both of the following subparagraphs apply:
	(i)	the person who gave the information to the Designated Authority told the Designated Authority in writing when the information was so given 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;
	(ii)	the Designated Authority did not, within 30 days after receiving the information, tell the person in writing that the Designated Authority disagreed with the person’s classification of the information and serve on the person a written notice inviting objections to the disclosure of the information; or
	(b)	the Designated Authority considers the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information.
	(3)	Documentary information given by a person to the Designated Authority is confidential information if:
	(a)	both of the following subparagraphs apply:
	(i)	the person who gave the information to the Designated Authority told the Designated Authority in writing when the information was so given that the person classified the information as a trade secret or as other information the disclosure of which would, or could reasonably be expected to, adversely affect the person in respect of the person’s lawful business, commercial or financial affairs;
	(ii)	the Designated Authority did not, within 30 days after receiving the information, tell the person in writing that the Designated Authority disagreed with the person’s classification of the information and serve on the person a written notice inviting objections to the disclosure of the information; or
	(b)	the Designated Authority considers the information to be a trade secret, or otherwise to be information the disclosure of which would, or could reasonably be expected to, adversely affect the person in respect of the person’s lawful business, commercial or financial affairs.
	(4)	Documentary information given by a person to the Designated Authority is contested information if:
	(a)	the person who gave the information to the Designated Authority told the Designated Authority in writing when the information was so given that the person classified the information as:
	(i)	a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; or
	(ii)	a trade secret, or other information the disclosure of which would, or could reasonably be expected to, adversely affect the person in respect of the person’s lawful business, commercial or financial affairs; and
	(b)	the Designated Authority, within 30 days after receiving the information, told the person in writing that the Designated Authority disagreed with the person’s classification of the information and served on the person a written notice inviting objections to the disclosure of the information.
	(5)	A notice inviting objections to the disclosure of information is a notice:
	(a)	stating that the person serving the notice proposes at a future time to make the information publicly known or available; and
	(b)	inviting the person who gave the information to the Designated Authority to give to the person serving the notice, on or before a day specified in the notice, being a day not earlier than 45 days after the notice was served, a notice:
	(i)	objecting to the information, or a specified part of the information, being publicly known or made available on the ground that the information or the part of the information is a trade secret or would, or could reasonably be expected to, adversely affect the person in respect of the person’s lawful business, commercial or financial affairs; or
	(ii)	objecting to the information or a specified part of the information being publicly known or made available before the end of 5 years after the information was given to the Designated Authority on the ground that the information or the part of the information is a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and
	(c)	stating that, if the person does not make an objection in accordance with the invitation, the information can be made publicly known or made available under this Part.
	(6)	For the purposes of this Part:
	(a)	cores and cuttings, well data, logs, sample descriptions and other documents, relating to the drilling of a well, are taken to have been given to the Designated Authority not later than one month after the drilling of the well was, in the Designated Authority’s opinion, substantially completed; and
	(b)	geophysical or geochemical data relating to geophysical or geochemical surveys are taken to have been given to the Designated Authority not later than one year after the geophysical or geochemical field work was, in the Designated Authority’s opinion, substantially completed.
150A  Application of Part
		This Part applies in respect of:
	(a)	information given to the Designated Authority after the commencement of this Part; and
	(b)	petroleum mining samples given to the Designated Authority at any time whether before or after the commencement of this Part.
Note:	Section 118 of this Act as previously in force continues to apply in respect of information given to the Designated Authority before the commencement of this Part (see item 142 of Schedule 1 to the Petroleum (Submerged Lands) Amendment Act 1999).
Division 2—Disclosure of information
150B  Designated Authority or Minister not to disclose documentary information or petroleum mining samples except in accordance with this Part or for administrative purposes
		Except as provided by this Part or for the purposes of the administration of this Act or the regulations, the Designated Authority, or a Minister to whom documentary information or a petroleum mining sample has been made available under section 150C, must not:
	(a)	make publicly known, or make available to any person (other than a Minister or a State Minister), any of the information; or
	(b)	make publicly known any particulars of, or permit any person (other than a Minister or a State Minister) to inspect, the sample.
150C  Making by Designated Authority of documentary information or petroleum mining samples available to a Minister or State Minister
	(1)	The Designated Authority may, at any time, make documentary information or petroleum mining samples available to a Minister or to a State Minister.
	(2)	If, at any time, the Commonwealth Minister requires the Designated Authority to make available to the Commonwealth Minister any documentary information or petroleum mining sample, the Designated Authority must comply with the requirement.
	(3)	Division 3 does not prevent the making of documentary information available under this section.
150D  Disclosure by Designated Authority or Commonwealth Minister of information (other than excluded information) or petroleum mining samples
Disclosure of information given in connection with application for grant of petroleum mining instrument
	(1)	Subject to Division 3, at any time after:
	(a)	the grant of, or a refusal to grant, a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority; or
	(b)	the renewal of, or a refusal to renew, a permit, lease or licence; or
	(c)	the extension of, or a refusal to extend, an access authority;
the Designated Authority or the Commonwealth Minister may:
	(d)	make publicly known; or
	(e)	subject to subsection (4), on request by a person, make available to the person;
any information (other than excluded information) contained in, or accompanying, the application for the grant, renewal or extension.
Disclosure of documentary information after relevant day
	(2)	Subject to Division 3, at any time after the relevant day, the Designated Authority or the Commonwealth Minister may:
	(a)	make publicly known; or
	(b)	subject to subsection (4), on request by a person, make available to the person;
any documentary information (other than excluded information) given to the Designated Authority or made available to the Commonwealth Minister under section 150C, as the case may be, that relates to the sea‑bed or subsoil, or to petroleum, in a block.
Note:	For relevant day see section 150E.
Disclosure of petroleum mining samples after relevant day
	(3)	At any time after the relevant day, the Designated Authority or the Commonwealth Minister may:
	(a)	make publicly known any particulars of; or
	(b)	subject to subsection (4), on request by a person, permit the person to inspect;
any petroleum mining samples from a block, being petroleum mining samples given to the Designated Authority or made available to the Commonwealth Minister under section 150C, as the case may be.
Note:	For relevant day see section 150E.
Fee for obtaining information or inspecting mining sample
	(4)	If the Designated Authority or the Commonwealth Minister requires a person to pay a fee calculated in accordance with the regulations before any information is made available to the person or the person is permitted to inspect any petroleum mining samples, the Designated Authority or the Commonwealth Minister, as the case may be, must not make the information available to the person, or permit the person to inspect the samples, as the case may be, under this section unless the fee has been paid.
150E  Relevant day after which information or petroleum mining sample may be disclosed 
Application of section
	(1)	This section identifies the day (the relevant day) after which documentary information may be made publicly known under subsection 150D(2), or particulars of a petroleum mining sample may be made publicly known, or such a sample may be permitted to be inspected, under subsection 150D(3).
Disclosure of information or sample: lease or permit in force: subsection (7) not applicable
	(2)	If:
	(a)	a permit or lease is in force in respect of the block referred to in the subsection concerned; and
	(b)	the applicable document that contained the information, or the sample, as the case may be, referred to in that subsection was given to the Designated Authority during the period during which any of the following was in force in respect of the block:
	(i)	the permit or lease;
	(ii)	if a lease is in force in respect of the block—the permit that ceased to be in force in respect of the block because of subsection 38B(7) on the day on which the lease came into force; and
	(c)	subsection (7) does not apply;
the relevant day is the last day of the period of 2 years that began on the day on which the document or sample was given to the Designated Authority.
Disclosure of information or sample: licence in force: subsection (7) not applicable
	(3)	If:
	(a)	a licence is in force in respect of the block referred to in the subsection concerned; and
	(b)	the applicable document that contained the information, or the sample, as the case may be, referred to in that subsection was given to the Designated Authority during the period during which any of the following was in force in respect of the block:
	(i)	the licence;
	(ii)	the permit or lease that ceased to be in force in respect of the block because of subsection 44(5) on the day on which the licence came into force; and
	(c)	subsection (7) does not apply;
the relevant day is the last day of the period of one year that began on the day on which the document or sample was given to the Designated Authority.
Disclosure of information or sample: permit, lease or licence no longer in force: subsection (7) not applicable
	(4)	If:
	(a)	the applicable document that contained the information, or the sample, as the case may be, referred to in the subsection concerned was given to the Designated Authority during a period during which a permit, lease or licence was in force in respect of the block referred to in that subsection; and
	(b)	either of the following applies:
	(i)	the permit, lease or licence is surrendered, cancelled, determined or terminated in respect of the block; 
	(ii)	the permit, lease or licence expires but is not renewed in respect of the block; and
	(c)	subsection (7) does not apply;
the relevant day is the day of the surrender, cancellation, determination, termination or expiry, as the case may be, whether or not another permit, lease or licence is afterwards in force in respect of the block.
Disclosure of information or sample: no permit, lease or licence in force when information or sample given: subsections (6) and (7) not applicable
	(5)	If:
	(a)	the applicable document that contained the information, or the sample, as the case may be, referred to in the subsection concerned was given to the Designated Authority at a time when a permit, lease or licence was not in force in respect of the block referred to in that subsection; and
	(b)	neither subsection (6) nor (7) applies;
the relevant day is the day determined by the Designated Authority, being a day not more than 2 years after the day on which the document or sample was given to the Designated Authority.
Disclosure of information or sample: no permit, lease or licence in force when information or sample given: information or sample collected for sale of information on non‑exclusive basis: subsection (7) not applicable
	(6)	If:
	(a)	the applicable document that contained the information, or the sample, as the case may be, referred to in the subsection concerned was given to the Designated Authority at a time when a permit, lease or licence was not in force in respect of the block referred to in that subsection; and
	(b)	the information or sample was collected for the purpose of the sale of the information on a non‑exclusive basis; and
	(c)	subsection (7) does not apply;
the relevant day is the day determined by the Designated Authority, being a day not more than 5 years after the day on which the document or sample was given to the Designated Authority.
Disclosure of information comprising 3‑dimensional seismic survey: information collected for sale on non‑exclusive basis: purchaser entitled to reprocess information: 2‑dimensional information derived from survey also given to Designated Authority
	(7)	If:
	(a)	information referred to in the subsection concerned that was contained in the applicable document is a 3‑dimensional seismic survey of or including the block referred to in that subsection (whether or not a permit, lease or licence was in force in respect of the block when the applicable document that contained the information was given to the Designated Authority or is currently in force in respect of the block); and
	(b)	the information was collected for the purpose of the sale of the information on a non‑exclusive basis; and
	(c)	anyone who buys the information is entitled to reprocess it in any way the buyer thinks fit; and
	(d)	the person who gave the information to the Designated Authority also gave to that Authority as much 2‑dimensional information derived from the seismic survey as is contained in a seismic data grid scaled in time extending over the length and breadth of the block;
the relevant day is the day determined by the Designated Authority, being a day not more than 8 years after the day on which the document was given to the Designated Authority.
Note:	This subsection does not identify the relevant day for 2‑dimensional information that is referred to in paragraph (d). The relevant day for that information is identified by reference to subsection (2), (3), (4), (5) or (6), whichever is applicable.
150F  Disclosure by Designated Authority or Commonwealth Minister of documentary information or petroleum mining sample where prior publication made by holder of petroleum mining instrument
Application of section
	(1)	This section applies where:
	(a)	documentary information or a petroleum mining sample relating to a block was given to the Designated Authority:
	(i)	during or in respect of a period during which a permit, lease or licence was in force in respect of the block; or
	(ii)	during or in respect of a period during which a special prospecting authority or access authority was in force in respect of the block but during which no permit, lease or licence was in force in respect of the block; and
	(b)	the permittee, lessee, licensee or holder of the special prospecting authority or access authority or, if the permit, lease, licence, special prospecting authority or access authority has ceased to be in force, the person who was the permittee, lessee, licensee, holder of the special prospecting authority or holder of the access authority:
	(i)	has made any of the information publicly known or has consented in writing to any of the information being made publicly known; or
	(ii)	has made publicly known, or has caused to be made publicly known, any particulars of the sample or has consented in writing to any of the particulars of the sample being made publicly known or to the sample being made available for inspection.
Disclosure of documentary information or petroleum mining sample that has previously been disclosed
	(2)	The Designated Authority or, if the documentary information or petroleum mining sample has been made available to the Commonwealth Minister, the Commonwealth Minister may, at any time after the information or particulars of the sample have been made publicly known or the consent has been given:
	(a)	in the case of documentary information—make the information publicly known or, subject to subsection (3), on request by a person, make the information available to the person; or
	(b)	in the case of a petroleum mining sample—make particulars of the sample publicly known or, subject to subsection (3), on request by a person, permit the person to inspect the sample.
Fee may be required for obtaining documentary information or inspecting petroleum mining sample
	(3)	The Designated Authority or the Commonwealth Minister may require a person to pay a fee calculated in accordance with the regulations before the documentary information is made available to the person or the person is permitted to inspect the petroleum mining sample.
What happens if required fee not paid
	(4)	If a requirement is made under subsection (3), the Designated Authority or the Commonwealth Minister must not make the information available to the person, or permit the person to inspect the sample, as the case may be, under this section unless the fee has been paid.
This section not affected by Division 3
	(5)	Division 3 does not prevent the making of documentary information publicly known or available under this section.
150G  Disclosure by Designated Authority of non‑confidential derivative information
Power to disclose derivative information
		The Designated Authority may, at any time after the end of 5 years after an applicable document was given to the Designated Authority:
	(a)	make publicly known; or
	(b)	on request by a person and, if the Designated Authority so requires, on payment of a fee calculated in accordance with the regulations, make available to the person;
any derivative information (other than confidential information) contained in the document and relating to the sea‑bed or subsoil, or to petroleum, in a block.
Division 3—Procedures to be followed in respect of contested information
150H  Making and determination of objections to disclosure
Notice inviting objections to disclosure
	(1)	The Designated Authority must not make publicly known or available any contested information unless the Designated Authority has, within 30 days after the information was received, served on the person who gave to the Designated Authority the document containing the information a notice inviting objections to the disclosure of the information and:
	(a)	no objection to the disclosure of the information is made by the person within the period specified in the notice; or
	(b)	if such an objection has been made—the objection has ceased to be in force.
Withdrawal of objection
	(2)	An objection by a person pursuant to the notice may be withdrawn by written notice given by the person to the Designated Authority.
Objection to be determined within 45 days
	(3)	If a person makes an objection pursuant to the notice, the Designated Authority must, within 45 days after the day on which the notice of objection is received:
	(a)	consider the objection and either allow it wholly or partly or disallow it; and
	(b)	cause written notice of the decision on the objection to be served on the person.
Notice of Designated Authority’s decision on objection must notify right to request review of decision
	(4)	A notice of a decision of the Designated Authority on an objection (other than a decision allowing the objection wholly) must include a statement to the effect that, if the person who made the objection is dissatisfied with the Designated Authority’s decision on the objection, the person may, in accordance with subsection 150J(1), request the Commonwealth Minister to review the decision.
150J  Review of decisions on objections
Request for review of Designated Authority’s decision on objection
	(1)	A person who:
	(a)	has made an objection to the Designated Authority; and
	(b)	is dissatisfied with the Designated Authority’s decision on the objection;
may, by written notice given to the Commonwealth Minister not later than 28 days after the day on which the notice of the decision is served on the person, request the Commonwealth Minister to review the decision.
Request to state grounds
	(2)	The request does not have any effect unless the notice making the request sets out the grounds for making the request.
Withdrawal of request
	(3)	A request by a person to the Commonwealth Minister for a review of a decision of the Designated Authority may be withdrawn by written notice served by the person on that Minister.
Review to be determined within 45 days
	(4)	The Commonwealth Minister must, within 45 days after the day on which the request was received, review the decision and make a decision:
	(a)	confirming the decision reviewed; or
	(b)	revoking the decision reviewed and substituting another decision for it.
Notice of decision on review
	(5)	The Commonwealth Minister must, by written notice served on the person who made the request for the review, tell the person the result of the review and give reasons for the Commonwealth Minister’s decision on the review.
When objection ceases to be in force
	(6)	For the purposes of this Division, an objection by a person to a decision ceases to be in force:
	(a)	if the objection is withdrawn—when the withdrawal of the objection occurs; or
	(b)	if the objection is not withdrawn:
	(i)	if a review of the decision is not duly requested—when a written notice of the decision is served on the person; or
	(ii)	if a review of the decision is duly requested and the request is not withdrawn—when a written notice of the decision on the review is served on the person; or
	(iii)	if a duly made request for a review of the decision is withdrawn—when the withdrawal of the request occurs.
Effect of decision disallowing objection
	(7)	If the decision on an objection, or, if the decision is reviewed, the decision on the review, disallows the objection:
	(a)	if the disclosure of the information or the part of the information was objected to solely on a ground referred to in subparagraph 150(5)(b)(i)—the information or the part of the information is taken not to be confidential information and may be made publicly known, or made available, under:
	(i)	if the information or the part of the information is not derivative information—subsection 150D(1) or (2), as the case may be; or
	(ii)	if the information or the part of the information is derivative information—section 150G; or
	(b)	if the disclosure of the information or the part of the information was objected to solely on the ground referred to in subparagraph 150(5)(b)(ii) or both on that ground and on a ground referred to in subparagraph 150(5)(b)(i)—the information or the part of the information is taken not to be confidential information or derivative information and may be made publicly known, or made available, under subsection 150D(1) or (2), as the case may be.
Effect of decision allowing objection wholly or partly
	(8)	If the decision on an objection, or, if the decision is reviewed, the decision on the review, allows the objection wholly or partly:
	(a)	any information the disclosure of which was objected to on a ground referred to in subparagraph 150(5)(b)(i) (whether or not the information was also objected to on the ground referred to in 150(5)(b)(ii)) and in respect of which the objection is allowed may not be made publicly known, or made available, by the Designated Authority or the Commonwealth Minister; and
	(b)	any information the disclosure of which was objected to solely on the ground referred to in subparagraph 150(5)(b)(ii) and in respect of which the objection is allowed is taken to be derivative information other than confidential information and may be made publicly known, or made available, under section 150G; and
	(c)	any information the disclosure of which was objected to and in respect of which the objection is disallowed:
	(i)	if the disclosure of the information was objected to solely on the ground referred to in subparagraph 150(5)(b)(i)—is taken not to be confidential information and may be made publicly known, or made available, under subsection 150D(1) or (2) (as the case may be) if it is not derivative information or under section 150G, if it is derivative information; or
	(ii)	if the disclosure of the information was objected to solely on the ground referred to in subparagraph 150(5)(b)(ii) or both on that ground and on the ground referred to in subparagraph 150(5)(b)(i)—is taken not to be confidential information or derivative information and may be made publicly known, or made available, under subsection 150D(1) or (2), as the case may be.
Division 4—Miscellaneous
150K  Publishing or making copies of applicable documents not an infringement of copyright
		The copyright in a literary or artistic work contained in an applicable document is not infringed by anything done by, or with the authority of, the Designated Authority or the Commonwealth Minister for the purpose of the exercise of any of the powers of that Authority or Minister under this Part.
162  Subsection 152(1) (paragraph (b) of the definition of reviewable decision)
Repeal the paragraph, substitute:
	(b)	a decision of the Minister under:
	(i)	subsection 118(1B), (2), (3), (5), (5E) or (5J) of this Act as previously in force; or
	(ii)	subsection 150D(1), (2), (3) or (4), 150F(2) or (3) or 150J(4); or
	(iii)	subsection (2) or (5) of this section.
163  Paragraph 157(2)(e)
Omit “or equipment”, substitute “, equipment or facilities”.
164  Paragraph 157(5)(a)
Omit “$10,000”, substitute “100 penalty units”.
165  Subclause 4(1) of Schedule 7 (penalty)
Omit “$100,000”, substitute “1,000 penalty units”.
166  Clause 5 of Schedule 7 (penalty)
Omit “$100,000”, substitute “1,000 penalty units”.
167  Subclauses 6(1) and (2), 7(1) and 8(1) of Schedule 7 (penalty)
Omit “$20,000”, substitute “200 penalty units”.
168  Subclause 9(1) of Schedule 7 (penalty)
Omit “$5,000”, substitute “50 penalty units”.
169  At the end of clause 32 of Schedule 7
Add:
	(4)	A person is not excused from answering a question or producing a document when required to do so under subclause (1) on the ground that the answer to the question, or the production of the document, may tend to incriminate him or her or make him or her liable to a penalty.
	(5)	However, any answer given or document produced pursuant to the requirement, and any information or thing (including any document) obtained as a direct or indirect consequence of the answering of the question or the production of the document, as the case may be, is not admissible in evidence against the person in any civil proceedings or in any criminal proceedings other than proceedings for an offence against this section.
170  Subclauses 34(5) and 35(4) of Schedule 7 (penalty)
Omit “$25,000”, substitute “250 penalty units”.
171  Subclause 36(6) of Schedule 7 (penalty)
Omit “$10,000”, substitute “100 penalty units”.
172  Clause 46 of Schedule 7 (penalty)
Omit “$25,000”, substitute “250 penalty units”.

Schedule 2—Amendment of the Petroleum (Submerged Lands) Fees Act 1994
  
1  After paragraph 4(1)(c)
Insert:
	(ca)	an infrastructure licence; or