{"id":"F2025L01450","name":"Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025","slug":"offshore-petroleum-and-greenhouse-gas-storage-resource-management-and-administration-regulations-202","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443060,"registerId":"F2025L01450-fast-fetch-1775957964398","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Simplified outline of this instrument\n\n5 Objects\n\n6 Definitions\n\n7 Meaning of title area\n\n8 Meaning of excluded information\n\n9 Notices and reports\n\nPart 2—Notification and reporting of discovery of petroleum\n\n10 Simplified outline of this Part\n\n11 Purpose of this Part\n\nDivision 2—Petroleum titleholders\n\n12 Application\n\n13 Requirement to provide information when informing Titles Administrator of discovery of petroleum\n\n14 Titles Administrator may request information to be included in discovery assessment report\n\n15 Requirement to provide discovery assessment report\n\n16 Further information about discovery assessment report\n\nDivision 3—Greenhouse gas titleholders\n\n17 Application\n\n18 Responsible Commonwealth Minister may request information to be included in discovery assessment report\n\n19 Requirement to provide discovery assessment report\n\n20 Further information about discovery assessment report\n\n21 Information may be provided to responsible State Minister and responsible Northern Territory Minister\n\nPart 3—Title assessment reports\n\n22 Simplified outline of this Part\n\n23 Purpose of this Part\n\n24 Application\n\nDivision 2—Title assessment reports\n\n25 Requirement to provide annual title assessment report\n\n26 Information to be provided in annual title assessment report—petroleum exploration permit\n\n27 Information to be provided in annual title assessment report—petroleum retention lease\n\n28 Information to be provided in annual title assessment report—petroleum production licence\n\n29 Information to be provided in annual title assessment report—greenhouse gas assessment permit\n\n30 Information to be provided in annual title assessment report—greenhouse gas holding lease\n\n31 Annual title assessment reports may include any other relevant information\n\n32 Approved forms\n\nDivision 3—Miscellaneous matters relating to title assessment reports\n\n33 Reports may be combined with permission\n\n34 Title assessment reports—transitioning to new reporting period\n\n35 Title assessment report for part of a year\n\nPart 4—Field development plans and approvals of petroleum recovery\n\n36 Simplified outline of this Part\n\n37 Definitions\n\n38 Purpose of this Part\n\nDivision 2—Field development plan requirements for petroleum production licensees\n\n39 Requirement to have accepted field development plan\n\n40 Requirement to undertake activities consistently with accepted field development plan\n\nDivision 3—Obtaining acceptance of field development plan\n\n41 Application for acceptance of field development plan\n\n42 Titles Administrator may request further information\n\n43 Joint Authority decision on field development plan\n\n44 Criteria for acceptance of field development plan\n\n45 Contents of field development plan\n\nDivision 4—Varied field development plans\n\nSubdivision A—Varied field development plans\n\n46 Circumstances when petroleum production licensee must apply for acceptance of varied field development plan\n\n47 Titles Administrator may request further information about varied field development plan\n\n48 Joint Authority decision on varied field development plan\n\n49 Amendment of varied field development plan\n\n50 Effect of rejection of varied field development plan\n\nSubdivision B—Varied field development plans required by Joint Authority\n\n51 Joint Authority may require varied field development plan\n\n52 Objection to requirement for varied field development plan\n\n53 Joint Authority decision on objection to requirement for varied field development plan\n\nDivision 5—Withdrawal of acceptance of field development plan\n\n54 Withdrawal of acceptance of field development plan\n\n55 Steps to be taken before withdrawing acceptance\n\n56 Notice of withdrawal of acceptance\n\nDivision 6—Recovery of petroleum without accepted field development plan\n\n57 Application for permission to recover petroleum without accepted field development plan\n\n58 Decision on application\n\nDivision 7—Rates of recovery of petroleum\n\nSubdivision A—Recovery rate approvals\n\n59 Requirement to obtain recovery rate approval\n\n60 Recovery rate approval\n\n61 Withdrawal of recovery rate approval\n\n62 Steps to be taken before withdrawing recovery rate approval\n\n63 Notice of withdrawal of recovery rate approval\n\nSubdivision B—Short‑term permission to recover petroleum at non‑approved rate\n\n64 Application for short‑term permission to recover petroleum at non‑approved rate\n\n65 Decision on application for short‑term permission to recover petroleum at non‑approved rate\n\n66 Approval of equipment and procedures to determine rates of recovery of petroleum\n\nDivision 8—Requirement to give notice of significant events\n\n67 Meaning of significant event\n\n68 Requirement to give notice of significant event\n\nPart 5—Well integrity\n\n69 Simplified outline of this Part\n\n70 Purpose of this Part\n\n71 Application\n\n72 Definitions\n\n73 When a well operations management plan is in force\n\n74 Well includes associated well‑related equipment\n\n75 Well activity taken to occur if well is not operational\n\nDivision 2—Well operations management plan requirements\n\n76 Requirement to have well operations management plan in force\n\n77 Requirement to carry out well activities in accordance with well operations management plan etc.\n\nDivision 3—Obtaining acceptance of well operations management plan\n\n78 Application for acceptance of well operations management plan\n\n79 Decision on well operations management plan\n\n80 Further information about submitted plan\n\n81 Criteria for acceptance of well operations management plan\n\n82 Contents of well operations management plan\n\nDivision 4—Revision of well operations management plan\n\n83 Revision based on certain circumstances\n\n84 Revision based on directions\n\n85 Revision required by NOPSEMA\n\n86 Revision required by NOPSEMA—objection to requirement\n\n87 Revision at end of each 5 year period\n\n88 Form of proposed revision\n\n89 Application of Division 3 to revised well operations management plan\n\n90 Effect of non‑acceptance of proposed revision\n\nDivision 5—Withdrawal of acceptance of well operations management plan\n\n91 Withdrawal of acceptance\n\n92 Notice of proposal to withdraw acceptance\n\n93 Decision on proposal to withdraw acceptance\n\n94 Withdrawal does not affect well that is not operational\n\n95 Relationship between withdrawal and other provisions\n\nDivision 6—Annual well integrity reports and information about particular well activities\n\n96 Annual well integrity report\n\n97 Well activities for which advance notice is required\n\n98 Updating information given about a well activity\n\n99 Completion of notified well activity\n\nDivision 7—Reportable incidents\n\n100 Meaning of reportable incident\n\n101 Requirement to notify NOPSEMA about reportable incident\n\n102 Requirement to provide written report about reportable incident\n\n103 Requirement for ongoing reporting after reportable incident\n\n104 Titleholder must retain copy of report\n\nDivision 8—Role of Titles Administrator\n\n105 Titleholder must give copies of documents to Titles Administrator\n\n106 NOPSEMA must give copies of documents to Titles Administrator\n\nDivision 9—Application of this Part if a remedial direction is in force\n\n107 Application of this Part if a remedial direction is in force\n\nPart 6—Authorisation of petroleum titleholders to conduct greenhouse gas exploration\n\n108 Simplified outline of this Part\n\n109 Application of Part\n\n110 Requirement to notify responsible Commonwealth Minister of authorised activity\n\n111 Authorised activities—petroleum exploration permittee\n\n112 Authorised activities—petroleum retention lessee\n\n113 Authorised activities—petroleum production licensee\n\nPart 7—Data management—petroleum titleholders\n\n114 Simplified outline of this Part\n\n115 Purpose of Division\n\n116 Requirement to securely retain information\n\n117 Purpose of Division\n\n118 Requirement to retain core, cutting or sample\n\n119 General requirement to retain core, cutting or sample in Australia\n\n120 Requirement to return core, cutting or sample to Australia\n\n121 Requirement to provide report about analysis of core, cutting or sample conducted overseas\n\n122 Requirement to provide certain samples produced from overseas analysis\n\n123 Purpose of Division\n\n124 Requirement for daily drilling report\n\n125 Requirement for daily geological report\n\n126 Requirement for initial well completion report and data\n\n127 Requirement for final well completion report and data\n\n128 Requirement for weekly survey report\n\n129 Requirement for survey acquisition report and data\n\n130 Requirement for survey processing report and data\n\n131 Requirement for survey interpretation report and data\n\n132 Requirement for survey reprocessing report and data\n\n133 Requirement for survey reprocessing interpretation report and data\n\n134 Requirement for daily workover report\n\n135 Requirement for monthly production report from petroleum production licensee\n\nSubdivision F—Cores, cuttings and samples\n\n136 Requirement to give certain cores, cuttings or samples\n\n137 Titles Administrator may request other cores, cuttings or samples\n\n138 Titles Administrator may request information about reports etc.\n\n139 Titles Administrator may specify format or medium for data\n\nPart 8—Release of technical information about petroleum\n\n140 Simplified outline of this Part\n\n141 Definitions\n\n142 Purpose of Division\n\n143 Meaning of permanently confidential information\n\n144 Meaning of interpretative information\n\n145 Classification dispute notices\n\n146 Making an objection\n\n147 Consideration of objection by Titles Administrator\n\n148 Review of Titles Administrator’s decision by Minister\n\n149 When an objection ceases to be in force\n\n150 Purpose of Division\n\n151 Release of open information about wells, surveys and reprocessing projects\n\n152 Release of basic disclosable information\n\n153 Release of interpretative disclosable information\n\n154 Release of documentary information—prior availability or consent\n\n155 Requirements for making survey information available to a person\n\n156 Release of documentary information—Petroleum and Other Fuels Reporting Act 2017\n\nDivision 4—Release of petroleum mining samples\n\n157 Purpose of Division\n\n158 Release of petroleum mining samples after relevant day\n\n159 Release of petroleum mining samples—prior availability or consent\n\nPart 9—Data management—greenhouse gas titleholders\n\n160 Simplified outline of this Part\n\n161 Purpose of Division\n\n162 Requirement to securely retain information\n\n163 Purpose of Division\n\n164 Requirement to retain core, cutting or sample\n\n165 General requirement to retain core, cutting or sample in Australia\n\n166 Requirement to return core, cutting or sample to Australia\n\n167 Requirement to provide report about analysis of core, cutting or sample conducted overseas\n\n168 Requirement to provide certain samples produced from overseas analysis\n\n169 Purpose of Division\n\n170 Requirement for daily drilling report\n\n171 Requirement for daily geological report\n\n172 Requirement for initial well completion report and data\n\n173 Requirement for final well completion report and data\n\n174 Requirement for weekly survey report\n\n175 Requirement for survey acquisition report and data\n\n176 Requirement for survey processing report and data\n\n177 Requirement for survey interpretation report and data\n\n178 Requirement for survey reprocessing report and data\n\n179 Requirement for survey reprocessing interpretation report and data\n\n180 Requirement for daily workover report\n\nSubdivision F—Other reports for greenhouse gas injection licensees\n\n181 Requirement for monthly greenhouse gas injection report\n\n182 Requirement for annual greenhouse gas injection report\n\n183 Requirement for monthly greenhouse gas accounting report\n\n184 Requirement for annual greenhouse gas accounting report\n\nSubdivision G—Cores, cuttings and samples\n\n185 Requirement to give certain cores, cuttings or samples\n\n186 Titles Administrator may request other cores, cuttings or samples\n\n187 Titles Administrator may request information about reports etc.\n\n188 Titles Administrator may specify format or medium for data\n\nPart 10—Release of technical information about greenhouse gas\n\n189 Simplified outline of this Part\n\n190 Definitions\n\n191 Purpose of Division\n\n192 Meaning of permanently confidential information\n\n193 Meaning of interpretative information\n\n194 Classification dispute notices\n\n195 Making an objection\n\n196 Consideration of objection by Titles Administrator\n\n197 Review of Titles Administrator’s decision by Minister\n\n198 When an objection ceases to be in force\n\n199 Purpose of Division\n\n200 Release of open information about wells, surveys and reprocessing projects\n\n201 Release of information from greenhouse gas accounting reports\n\n202 Release of basic disclosable information\n\n203 Release of interpretative disclosable information\n\n204 Release of documentary information—prior availability or consent\n\n205 Requirements for making survey information available to a person\n\n206 Release of documentary information—Environment Protection (Sea Dumping) Act 1981\n\nDivision 4—Release of eligible samples\n\n207 Purpose of Division\n\n208 Release of eligible samples after relevant day\n\n209 Release of eligible samples—prior availability or consent\n\nPart 11—Fees\n\n210 Simplified outline of this Part\n\n211 Fees in relation to applications etc.\n\nPart 12—Giving documents\n\n212 Simplified outline of this Part\n\n213 Purpose of this Part\n\n214 Giving documents\n\n215 Giving documents to Joint Authority\n\n216 Giving documents to Cross‑boundary Authority\n\n217 Giving documents to responsible Commonwealth Minister\n\n218 Giving documents to 2 or more registered holders of a petroleum title, infrastructure licence or pipeline licence\n\n219 Giving documents to 2 or more registered holders of a greenhouse gas title\n\nPart 13—Regulations prescribed for particular provisions of Act\n\n220 Simplified outline of this Part\n\n221 Regulations prescribed for particular provisions of Act\n\nPart 14—Regulations dealing with specific matters\n\n222 Simplified outline of this Part\n\n223 Purpose of this Part\n\n224 Survey of wells, structures or equipment\n\n225 Notice of route followed by pipeline\n\n226 Requirement for notice of geophysical or geological survey\n\n227 Requirement to give notice of actions for Royalty Act purposes\n\n228 Responsible Commonwealth Minister must give copy of certain directions to NOPSEMA\n\nPart 15—Enforcement\n\n229 Simplified outline of this Part\n\n230 Purpose of this Part\n\nDivision 2—Civil penalties\n\n231 Civil penalty provisions\n\nDivision 3—Infringement notices\n\n232 Infringement notices\n\nDivision 4—Enforceable undertakings\n\n233 Enforceable undertakings\n\n234 Publication of enforceable undertakings\n\nDivision 5—Injunctions\n\n235 Injunctions\n\nDivision 6—Other matters\n\n236 Contravening an offence provision or a civil penalty provision\n\n237 Daily penalties for continuing offences and continuing contraventions of civil penalty provisions\n\nPart 16—Transitional, saving and application provisions\n\nDivision 1—Provisions relating to this instrument as made\n\n238 Definitions\n\nSubdivision B—General provisions\n\n239 Things done by, or in relation to, a relevant person\n\n240 Things started but not finished by a relevant person\n\n241 Instruments made and other things done under old regulations\n\n242 Conduct, events or circumstances occurring before commencement day\n\nSubdivision C—Provisions relating to discoveries of petroleum, title assessment reports and certain reports for greenhouse gas injection licensees\n\n","sortOrder":0},{"sectionNumber":"243","sectionType":"section","heading":"Notification and reporting of discovery of petroleum","content":"243 Notification and reporting of discovery of petroleum\n\n","sortOrder":1},{"sectionNumber":"244","sectionType":"section","heading":"Title assessment reports","content":"244 Title assessment reports\n\nSubdivision D—Provisions relating to field development plans and recovery of petroleum\n\n245 Field development plan accepted before commencement day\n\n246 Field development plan submitted before commencement day but no decision made\n\n247 Notice to submit variation of field development plan\n\n248 Applications for variations of field development plans submitted before commencement day to be dealt with under old regulations\n\n249 Field development plans—transfers of licence\n\n250 Approval to recover petroleum without accepted field development plan continues\n\n251 Approval of rate of recovery in force immediately before commencement day\n\nSubdivision E—Provisions relating to well operations management plans\n\n252 Well operations management plan in force immediately before commencement day\n\n253 Well operations management plan submitted before commencement day but no decision made\n\n254 Notice to submit proposed revision of well operations management plan\n\n255 Proposed revision of well operations management plan\n\n256 End of well operations management plan\n\n257 Withdrawing acceptance of well operations management plan\n\n258 Annual well integrity reports and well activities for which advance notice is required\n\nSubdivision F—Provisions relating to data management and the release of technical information\n\n259 Data management—requirements for giving reports, data and samples\n\n260 Release of technical information\n\nSchedule 1—Application fees etc.\n\nPart 1—Fees in relation to applications etc.\n\nDivision 1—Fees payable under section 256 of the Act\n\n1 Application fees payable under section 256 of the Act\n\nDivision 2—Fees payable under section 516A of the Act\n\n2 Application fees payable under section 516A of the Act\n\nDivision 3—Fees payable under section 566M of the Act\n\n3 Application fees payable under section 566M of the Act\n\nDivision 4—Fees payable under section 695L of the Act\n\n4 Application etc. fees payable under section 695L of the Act\n\nPart 2—Fees for greenhouse gas applications\n\nDivision 1—Fees payable under section 427 of the Act\n\n5 Application fees payable under section 427 of the Act\n\nDivision 2—Fees payable under section 565A of the Act\n\n6 Application fees payable under section 565A of the Act\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025.\n\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2  Commencement\n\n (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.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 31 March 2026. 31 March 2026\n\nNote: 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.\n\n (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.\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"3  Authority\n\n  This instrument is made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Simplified outline of this instrument","content":"4  Simplified outline of this instrument\n\nThis instrument deals with the following:\n\n (a) the notification and reporting of petroleum discoveries;\n\n (b) title assessment reports in relation to certain petroleum titleholders and greenhouse gas titleholders;\n\n (c) field development plans and recovery rate approvals in relation to the recovery of petroleum;\n\n (d) well operations management plans in relation to the integrity of wells;\n\n (e) the authorisation of activities that may be carried out by certain petroleum titleholders;\n\n (f) record keeping and reporting requirements for petroleum titleholders and greenhouse gas titleholders;\n\n (g) how technical information and samples given to the Titles Administrator or responsible Commonwealth Minister under the Act, or a legislative instrument made under the Act, may be made public;\n\n (h) miscellaneous matters, such as prescribed fees and prescribed regulations for the purposes of the Act;\n\n (i) enforcement of the provisions of this instrument.\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Objects","content":"5  Objects\n\n (1) An object of Parts 2 to 4, 6 to 8 and 11 to 15 of this instrument is to ensure that operations in an offshore area are:\n\n (a) carried on in accordance with good oilfield practice; and\n\n (b) compatible with the optimum long‑term recovery of petroleum.\n\n (2) An object of Parts 2 to 4 and 6 to 15 of this instrument is to ensure that the administrators of the Act are informed, in a timely and consistent manner, of:\n\n (a) exploration for petroleum and greenhouse gas storage formations; and\n\n (b) the discovery of petroleum and potential storage formations; and\n\n (c) the appraisal of such discoveries; and\n\n (d) development and production operations in relation to petroleum, and injection operations in relation to greenhouse gas substances; and\n\n (e) the results of such operations.\n\n (3) The other objects of Parts 2 to 4 and 6 to 15 of this instrument are:\n\n (a) to provide a framework for encouraging the adequate collection, retention and timely dissemination of petroleum and greenhouse gas data; and\n\n (b) to ensure the adequacy of the data acquired; and\n\n (c) to provide for the efficient management of data confidentiality and the disclosure of data on completion of the relevant confidentiality periods.\n\n (4) The object of Part 5 of this instrument is to maintain the integrity of offshore petroleum and greenhouse gas wells, by ensuring that risks to well integrity are reduced to as low as reasonably practicable and an acceptable level.\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"6  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) Joint Authority;\n\n(b) NOPSEMA;\n\n(c) petroleum pool;\n\n(d) responsible Commonwealth Minister;\n\n(e) Titles Administrator;\n\n(f) well.\n\n  In this instrument:\n\naccepted field development plan means:\n\n (a) a field development plan that has been accepted by the Joint Authority under section 43; or\n\n (b) a varied field development plan that has been accepted by the Joint Authority under section 48;\n\nfor which acceptance has not been withdrawn under section 54.\n\nAct means the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\nannual title assessment report: see section 25.\n\nauthorised activity means:\n\n (a) an activity by a petroleum exploration permittee that is authorised by section 111; or\n\n (b) an activity by a petroleum retention lessee that is authorised by section 112; or\n\n (c) an activity by a petroleum production licensee that is authorised by section 113.\n\ndiscovery assessment report:\n\n (a) for a petroleum titleholder—see section 15; or\n\n (b) for a greenhouse gas titleholder—see section 19.\n\nend of the operation means:\n\n (a) for a regulated operation related to the drilling of a well—the day on which the drill rig is released; or\n\n (b) for a regulated operation conducted on a well after the well is completed—the day on which the operation ceased; or\n\n (c) for a survey—the day on which the acquisition of the survey data is completed.\n\nexcluded information has the meaning given by section 8.\n\nfacility has the same meaning as in Schedule 3 to the Act.\n\nFDP applicant: see subsection 41(1).\n\ngreenhouse gas title means:\n\n (a) a greenhouse gas assessment permit; or\n\n (b) a greenhouse gas holding lease; or\n\n (c) a greenhouse gas injection licence; or\n\n (d) a greenhouse gas research consent; or\n\n (e) a greenhouse gas search authority; or\n\n (f) a greenhouse gas special authority.\n\ngreenhouse gas titleholder means:\n\n (a) a greenhouse gas assessment permittee; or\n\n (b) a greenhouse gas holding lessee; or\n\n (c) a greenhouse gas injection licensee; or\n\n (d) a holder of a greenhouse gas research consent; or\n\n (e) a registered holder of a greenhouse gas search authority; or\n\n (f) a registered holder of a greenhouse gas special authority.\n\nin force, for a well operations management plan: see section 73.\n\nintegrity, in relation to a well, means the capacity of the well to contain petroleum, a greenhouse gas substance or any other substance.\n\nmajor change, in relation to the recovery of petroleum from a field covered by an accepted field development plan, means any of the following:\n\n (a) the petroleum production licensee changes the development strategy or management strategy of the field or a petroleum pool in the field;\n\n (b) the petroleum production licensee significantly changes the development strategy of the field for the development of additional pools in the field;\n\n (c) the petroleum production licensee ceases recovery of petroleum, permanently or for the long term, before the date specified in the field development plan as the date on which recovery was estimated to cease;\n\n (d) the petroleum production licensee introduces new methods for the petroleum recovery, such as enhanced recovery and injection of fluids.\n\nnon‑exclusive data means data that is made available for commercial sale or license.\n\nopen information about a reprocessing project means any of the following information about a reprocessing project under which data collected from, or generated in relation to, one or more surveys is reprocessed:\n\n (c) the title in relation to which the reprocessing is conducted;\n\n (d) the name of the titleholder;\n\n (e) if a contractor reprocesses the data for or on behalf of the titleholder—the name of the contractor;\n\n (f) the location of the basin and sub‑basin (if applicable) in which each survey was conducted;\n\n (g) the types of reprocessing undertaken on the data;\n\n (h) if the reprocessing project generates 2‑dimensional data—the total length of the reprocessing project in kilometres;\n\n (i) if the reprocessing project generates 3‑dimensional data—the total area of the reprocessing project in square kilometres;\n\n (j) the dates on which the reprocessing of the data starts and ends, or the proposed dates on which the reprocessing will start or will end;\n\n (k) whether the reprocessed data is exclusive or non‑exclusive data;\n\n (l) navigation data for the reprocessing project, in the form of:\n\n (i) if the reprocessing project generates 2‑dimensional data—line ends and bends; or\n\n (ii) if the reprocessing project generates 3‑dimensional seismic data—a full fold polygon outline; or\n\n (iii) if the reprocessing project generates other 3‑dimensional data—a polygon outline.\n\nopen information about a survey means any of the following information about a survey:\n\n (b) the title under which the survey is conducted;\n\n (d) if a contractor conducts the survey for or on behalf of the titleholder—the name of the contractor;\n\n (e) the location of the basin and sub‑basin (if applicable) in which the survey is conducted;\n\n (f) the type of survey;\n\n (g) the size of the survey:\n\n (i) for a 2‑dimensional survey—in kilometres; or\n\n (ii) for a 3‑dimensional survey—in square kilometres;\n\n (h) the name of a vessel or aircraft used to conduct the survey or a part of the survey;\n\n (i) if the survey is wholly or partly conducted using another means—a description of how the survey or part of the survey was conducted;\n\n (j) the dates on which the survey starts and ends or is proposed to start and end;\n\n (k) whether the survey data is exclusive or non‑exclusive;\n\n (l) navigation data for the survey, in the form of:\n\n (iii) for other 3‑dimensional surveys—a polygon outline.\n\nopen information about a well means any of the following information about a well:\n\n (a) the name of the well;\n\n (b) the offshore area in which the well is located;\n\n (c) the basin and sub‑basin (if applicable) in which the well is located;\n\n (d) the well’s latitude and longitude;\n\n (e) the name of the title area in which the well is located;\n\n (f) the name of the titleholder;\n\n (g) the purpose of the well (for example development, appraisal, exploration or stratigraphy);\n\n (h) if the well is a sidetrack—the name of the parent well;\n\n (i) the well’s spud date;\n\n (j) the water depth at the well;\n\n (k) what is being used as the depth reference for the well (for example the Kelly bushing or the rig floor);\n\n (l) the height of the depth reference above sea level;\n\n (m) the name of the rig drilling the well;\n\n (n) the rig’s make and model;\n\n (o) the name of the rig contractor;\n\n (p) the rig release date;\n\n (q) the status of the well (for example producing, suspended or permanently abandoned).\n\noperator, in relation to a facility, has the same meaning as in Schedule 3 to the Act.\n\npetroleum title means:\n\n (a) a petroleum exploration permit; or\n\n (b) a petroleum retention lease; or\n\n (c) a petroleum production licence; or\n\n (d) a petroleum special prospecting authority; or\n\n (e) a petroleum access authority; or\n\n (f) a petroleum scientific investigation consent.\n\npetroleum titleholder means:\n\n (a) a petroleum exploration permittee; or\n\n (b) a petroleum retention lessee; or\n\n (c) a petroleum production licensee; or\n\n (d) the registered holder of a petroleum special prospecting authority; or\n\n (e) the registered holder of a petroleum access authority; or\n\n (f) the holder of a petroleum scientific investigation consent.\n\nrecovery rate approval: see subsection 60(1).\n\nreportable incident, in relation to a well: see section 100.\n\nreporting period for a title: see subsection 25(3).\n\nsignificant event: see section 67.\n\ntitle means:\n\n (a) a greenhouse gas title; or\n\n (b) an infrastructure licence; or\n\n (c) a pipeline licence; or\n\n (d) a petroleum title.\n\ntitle area: see section 7.\n\ntitleholder means:\n\n (a) a greenhouse gas titleholder; or\n\n (b) an infrastructure licensee; or\n\n (c) a pipeline licensee; or\n\n (d) a petroleum titleholder.\n\nvaried field development plan: see subsections 46(1), (3), (6) and (8).\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of title area","content":"7  Meaning of title area\n\n  The title area for a title mentioned in column 1 of an item of the following table is the area specified in column 2 of the item.\n\n \n\n- Title area\n- Item Column 1In the case of … Column 2the title area is …\n- 1 a petroleum exploration permit or greenhouse gas assessment permit the permit area\n- 2 a petroleum retention lease or greenhouse gas holding lease the lease area\n- 3 a petroleum production licence, infrastructure licence or greenhouse gas injection licence the licence area\n- 4 a petroleum special prospecting authority, petroleum access authority, greenhouse gas search authority or greenhouse gas special authority the authority area\n- 5 a scientific investigation consent or greenhouse gas research consent the offshore area specified in the consent\n\n \n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of excluded information","content":"8  Meaning of excluded information\n\n (1) This section sets out the type of information that is excluded information.\n\n (2) Information about the following is excluded information:\n\n (a) the technical qualifications of a titleholder or an applicant for a title;\n\n (b) the technical advice available to a titleholder or an applicant for a title;\n\n (c) the financial resources available to a titleholder or an applicant for a title.\n\n (3) Information contained in the following documents is excluded information:\n\n (a) an application for a petroleum exploration permit under section 104, 110 or 115 of the Act;\n\n (b) an application for renewal of a petroleum exploration permit under section 119 of the Act;\n\n (c) an application for a petroleum retention lease under section 141 or 147 of the Act;\n\n (d) an application for renewal of a petroleum retention lease under section 153 of the Act;\n\n (e) the results of a re‑evaluation of the commercial viability of petroleum production in a lease area under subsection 136(5) of the Act;\n\n (f) an application for a petroleum production licence under section 168, 170 or 178 of the Act or under clause 2 or 4 of Schedule 4 to the Act;\n\n (g) an application for renewal of a petroleum production licence under section 184 of the Act;\n\n (h) an application for a greenhouse gas assessment permit under section 296, 302A, 303 or 307A of the Act;\n\n (i) an application for renewal of a greenhouse gas assessment permit under section 308 or 311A of the Act;\n\n (j) an application for a greenhouse gas holding lease under section 324, 329A, 330, 335A, 336, 342A or 343 of the Act;\n\n (k) an application for renewal of a greenhouse gas holding lease under section 347 or 350A of the Act;\n\n (l) an application for a greenhouse gas injection licence under section 361, 368A or 369 of the Act;\n\n (m) a report given under Part 2 or Part 3 of this instrument;\n\n (n) a field development plan submitted under section 41 of this instrument;\n\n (o) a varied field development plan submitted under section 46 of this instrument.\n\n (4) For the purposes of subsection (3), it does not matter whether a document was prepared or submitted before or after the commencement of this instrument.\n\n (5) However, subsection (3) does not apply to information that is also contained in a document not listed in subsection (3) that is given to the Titles Administrator or responsible Commonwealth Minister.\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Notices and reports","content":"9  Notices and reports\n\n (1) A person who is required, for the purposes of the Act or this instrument, to give notice or make a report, must give notice or make the report in sufficient detail to allow proper consideration of the notice or report.\n\n (2) A notice or report must be produced clearly and legibly in handwriting or by means of a machine in such a manner as to enable clear and legible reproduction of the contents of the notice or report.\n\n","sortOrder":10},{"sectionNumber":"Part 2","sectionType":"part","heading":"Notification and reporting of discovery of petroleum","content":"Part 2—Notification and reporting of discovery of petroleum\n\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Simplified outline of this Part","content":"10  Simplified outline of this Part\n\nIf certain petroleum titleholders and greenhouse gas titleholders discover petroleum, those titleholders must provide certain information and reports to:\n\n (a) in the case of certain petroleum titleholders—the Titles Administrator; or\n\n (b) in the case of certain greenhouse gas titleholders—the responsible Commonwealth Minister.\n\nIf certain greenhouse gas titleholders discover petroleum, the responsible Commonwealth Minister may, in certain circumstances, provide information to the relevant responsible State Minister and responsible Northern Territory Minister.\n\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Purpose of this Part","content":"11  Purpose of this Part\n\n  This Part is made for the purposes of subsection 782(1) of the Act.\n\n","sortOrder":13},{"sectionNumber":"Div 2","sectionType":"division","heading":"Petroleum titleholders","content":"Division 2—Petroleum titleholders\n\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Application","content":"12  Application\n\n  This Division applies to the following petroleum titleholders who are required, under section 284 of the Act, to inform the Titles Administrator of a discovery of petroleum in the title area:\n\n (c) a petroleum production licensee.\n\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Requirement to provide information when informing Titles Administrator of discovery of petroleum","content":"13  Requirement to provide information when informing Titles Administrator of discovery of petroleum\n\n  A petroleum titleholder must provide the following information when informing the Titles Administrator of a discovery of petroleum under section 284 of the Act:\n\n (a) the title in which the discovery was made;\n\n (b) the name of the well through which the discovery was made;\n\n (c) the blocks in which the discovery is situated;\n\n (d) if the rate or quantity of production of petroleum and water from the discovery well has been determined—the rate or quantity;\n\n (e) the physical and chemical properties of the petroleum from the discovery well that have been determined;\n\n (f) if the physical properties of the pool from which the petroleum is recovered have been determined—the properties;\n\n (g) each preliminary estimate of the quantities of petroleum in place that has been made.\n\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Titles Administrator may request information to be included in discovery assessment report","content":"14  Titles Administrator may request information to be included in discovery assessment report\n\n (1) The Titles Administrator may, within 7 days after being informed by a petroleum titleholder of a discovery of petroleum under section 284 of the Act, request the titleholder to include additional information about the discovery in the titleholder’s discovery assessment report under section 15 of this instrument.\n\nNote: Section 284 of the Act requires certain petroleum titleholders to inform the Titles Administrator of a petroleum discovery within 30 days after completion of the discovery well. Section 15 of this instrument requires a further report about the discovery within 90 days after completion of the discovery well.\n\n (b) specify the information sought and the reasons for the request.\n\n (3) After receiving the request, the titleholder may give the Titles Administrator a written statement that:\n\n (b) the titleholder is unable to obtain the information.\n\n (4) If the Titles Administrator is satisfied (whether or not because of a statement under subsection (3)) that the titleholder cannot comply with the request because:\n\n (b) the titleholder is unable to obtain the information;\n\nthe Titles Administrator must, as soon as practicable, give the titleholder a written notice withdrawing the request.\n\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Requirement to provide discovery assessment report","content":"15  Requirement to provide discovery assessment report\n\nRequirement to provide discovery assessment report\n\n (a) the titleholder informs the Titles Administrator of a discovery of petroleum under section 284 of the Act; and\n\n (b) the titleholder does not give the Titles Administrator a report (a discovery assessment report) for the title area that includes the information specified in subsection (2) within:\n\n (i) 90 days after completion of the well that resulted in the discovery; or\n\n (ii) if the Titles Administrator agrees to another period—that other period.\n\n (2) For the purposes of subsection (1), a discovery assessment report must include the following information:\n\n (a) the title in which the discovery was made;\n\n (b) a preliminary estimate of the location and areal extent of the discovered petroleum pool;\n\n (c) details of the geological structure in which the petroleum is located;\n\n (d) the results of all assessments of the discovery;\n\n (e) a preliminary estimate of the quantity of petroleum in the petroleum pool;\n\n (f) the data used to estimate the quantity of petroleum in the petroleum pool;\n\n (g) a preliminary estimate of the quantity of recoverable petroleum in the petroleum pool;\n\n (h) details of the petroleum titleholder’s plans for further evaluation of the discovery, including the work that the titleholder proposes to carry out in the title area in the next 12 months from the date of the report;\n\n (i) if the Titles Administrator has, under section 14, requested specified information to be included in the report, and the request has not been withdrawn—the information specified in the request.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Further information about discovery assessment report","content":"16  Further information about discovery assessment report\n\n (1) If a petroleum titleholder gives the Titles Administrator a discovery assessment report under section 15, the Titles Administrator may request the titleholder to provide further written information about any matter specified in subsection 15(2).\n\n (c) specify the manner in which information is to be provided; and\n\n (d) specify a period of at least 14 days, starting on the day the request is given, within which the information must be provided; and\n\n (e) set out the effect of subsections (3), (4) and (5).\n\n (3) A petroleum titleholder must comply with a request under subsection (1).\n\nFault‑based offence\n\n (4) A petroleum titleholder commits an offence if the titleholder contravenes subsection (3).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (5) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (3).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":19},{"sectionNumber":"Div 3","sectionType":"division","heading":"Greenhouse gas titleholders","content":"Division 3—Greenhouse gas titleholders\n\n","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Application","content":"17  Application\n\n  This Division applies to the following greenhouse gas titleholders who are required, under section 452 of the Act, to inform the responsible Commonwealth Minister of a discovery of petroleum in the title area:\n\n (a) a greenhouse gas assessment permittee;\n\n (b) a greenhouse gas holding lessee;\n\n (c) a greenhouse gas injection licensee.\n\n","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Responsible Commonwealth Minister may request information to be included in discovery assessment report","content":"18  Responsible Commonwealth Minister may request information to be included in discovery assessment report\n\n (1) The responsible Commonwealth Minister may, within 7 days after being informed by a greenhouse gas titleholder of a discovery of petroleum under section 452 of the Act, request the titleholder to include additional information about the discovery in the titleholder’s discovery assessment report under section 19 of this instrument.\n\nNote: Section 452 of the Act requires certain greenhouse gas titleholders to inform the responsible Commonwealth Minister of a petroleum discovery within 30 days after completion of the discovery well. Section 19 of this instrument requires a further report about the discovery within 60 days after completion of the discovery well.\n\n (b) specify the information sought and the reasons for the request.\n\n (3) After receiving the request, the titleholder may give the responsible Commonwealth Minister a written statement that:\n\n (b) the titleholder is unable to obtain the information.\n\n (4) If the responsible Commonwealth Minister is satisfied (whether or not because of a statement under subsection (3)) that the titleholder cannot comply with the request because:\n\n (b) the titleholder is unable to obtain the information;\n\nthe Minister must, as soon as practicable, give the titleholder a written notice withdrawing the request.\n\n","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Requirement to provide discovery assessment report","content":"19  Requirement to provide discovery assessment report\n\nRequirement to provide discovery assessment report\n\n (1) A greenhouse gas titleholder contravenes this subsection if:\n\n (a) the titleholder informs the responsible Commonwealth Minister of a discovery of petroleum under section 452 of the Act; and\n\n (b) the titleholder does not give the responsible Commonwealth Minister a report (a discovery assessment report) for the title area that includes the information specified in subsection (2) within 60 days after completion of the well that resulted in the discovery.\n\n (2) For the purposes of subsection (1), a discovery assessment report must include the following information:\n\n (a) the location of the petroleum discovery in the title area;\n\n (b) if any production tests have been conducted on the discovered petroleum—the results of the tests;\n\n (c) if the responsible Commonwealth Minister has, under section 18, requested specified information to be included in the report, and the request has not been withdrawn—the information specified in the request.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Further information about discovery assessment report","content":"20  Further information about discovery assessment report\n\n (1) If a greenhouse gas titleholder gives the responsible Commonwealth Minister a discovery assessment report under section 19, the Minister may request the titleholder to provide further written information about any matter specified in subsection 19(2).\n\n (c) specify the manner in which information is to be provided; and\n\n (d) specify a period of at least 14 days, starting on the day the request is given, within which the information must be provided; and\n\n (e) set out the effect of subsections (3), (4) and (5).\n\n (3) A greenhouse gas titleholder must comply with a request under subsection (1).\n\nFault‑based offence\n\n (4) A greenhouse gas titleholder commits an offence if the titleholder contravenes subsection (3).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (5) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (3).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Information may be provided to responsible State Minister and responsible Northern Territory Minister","content":"21  Information may be provided to responsible State Minister and responsible Northern Territory Minister\n\n (a) petroleum is discovered in:\n\n (i) part of the permit area of a cross‑boundary greenhouse gas assessment permit that is in the coastal waters of a State or the coastal waters of the Northern Territory; or\n\n (ii) part of the lease area of a cross‑boundary greenhouse gas holding lease that is in the coastal waters of a State or the coastal waters of the Northern Territory; or\n\n (iii) part of the licence area of a cross‑boundary greenhouse gas injection licence that is in the coastal waters of a State or the coastal waters of the Northern Territory; and\n\n (b) a report of the discovery is given to the responsible Commonwealth Minister in accordance with section 19.\n\n (2) Despite Parts 8 and 10, the responsible Commonwealth Minister may make information in the report available to the responsible State Minister or the responsible Northern Territory Minister, for the purpose of enabling or assisting the responsible State Minister or the responsible Northern Territory Minister to perform functions, or exercise powers, under a State PSLA or a Territory PSLA.\n\n","sortOrder":25},{"sectionNumber":"Part 3","sectionType":"part","heading":"Title assessment reports","content":"Part 3—Title assessment reports\n\n","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Simplified outline of this Part","content":"22  Simplified outline of this Part\n\nCertain titleholders must provide an annual titles assessment report to the Titles Administrator for each reporting period for the title.\n\nThe information that must be included in the report depends on the kind of title to which the report relates.\n\nIn certain circumstances, the Titles Administrator may require a titleholder to give a title assessment report for a period of less than a year.\n\n","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Purpose of this Part","content":"23  Purpose of this Part\n\n  This Part is made for the purposes of sections 698 and 724 of the Act.\n\n","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Application","content":"24  Application\n\n  This Part applies to the following titleholders:\n\n (c) a petroleum production licensee;\n\n (d) a greenhouse gas assessment permittee;\n\n (e) a greenhouse gas holding lessee.\n\nDivision 2—Title assessment reports\n\n","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Requirement to provide annual title assessment report","content":"25  Requirement to provide annual title assessment report\n\nRequirement to provide annual title assessment report\n\n (1) A titleholder must give a report (an annual title assessment report) that complies with subsection (2), for a reporting period for the title, to the Titles Administrator within:\n\n (a) 30 days after the day on which the reporting period for the title ends; or\n\n (2) An annual title assessment report complies with this subsection if the report complies with the requirements in:\n\n (a) for a petroleum exploration permittee—section 26; or\n\n (b) for a petroleum retention lessee—section 27; or\n\n (c) for a petroleum production licensee—section 28; or\n\n (d) for a greenhouse gas assessment permittee—section 29; or\n\n (e) for a greenhouse gas holding lessee—section 30.\n\nNote: See Subdivision F of Division 4 of Part 9 in relation to specific reporting requirements for greenhouse gas injection licensees.\n\nMeaning of reporting period for a title\n\n (3) For the purposes of this Division, a reporting period for a title is either:\n\n (a) a year of the term of the title; or\n\n (b) if the Titles Administrator agrees, in writing, to a different 12 month period—that period.\n\nNote: Year of the term is defined in section 10 of the Act. A year of the term of a title commences on the day that the title comes into force or on any anniversary of that day.\n\n (4) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (5) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Information to be provided in annual title assessment report—petroleum exploration permit","content":"26  Information to be provided in annual title assessment report—petroleum exploration permit\n\n (1) For the purposes of paragraph 25(2)(a), this section sets out the requirements for a petroleum exploration permittee’s annual title assessment report, for a reporting period for the permit.\n\n (a) if the permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area:\n\n (iii) the total expenditure incurred for the work from the time the permit was granted until the end of the reporting period;\n\n (b) for each activity not covered by paragraph (a) that the permittee carried out in, or in relation to, the permit area during the reporting period:\n\n (iii) the total expenditure incurred for the activity from the time the permit was granted until the end of the reporting period;\n\n (c) a description of the results of the work and activities carried out in, or in relation to, the permit area, including:\n\n (i) details about any leads and prospects identified in the permit area; and\n\n (ii) estimates of the volume of petroleum in place for each identified lead and prospect; and\n\n (iii) estimates of the volume of recoverable petroleum for each identified lead and prospect; and\n\n (iv) the probability of geological success for each identified lead and prospect (if available);\n\n (d) details of any new information that the permittee became aware of during the reporting period in relation to the permittee’s understanding of any discovery of petroleum in the permit area;\n\n (e) a description of each activity, and the estimated expenditure for each activity, that the permittee intends to carry out in later reporting periods for the permit (or any other period during which the permit is in force);\n\n (f) a description of the measures taken by the permittee to prepare for the activities that the permittee intends to carry out in the next reporting period for the permit (if any);\n\n (g) details of the permittee’s future plans or proposals in relation to any wells that have been drilled in the permit area from the time the permit was granted until the end of the reporting period;\n\n (h) any other information that is required to be included in the annual title assessment report by a condition of the permit;\n\n (i) a list of the reports submitted to the Titles Administrator in accordance with this instrument during the reporting period.\n\nNote: A form approved for the purposes of this section must be published on the Titles Administrator’s website: see section 32.\n\n","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Information to be provided in annual title assessment report—petroleum retention lease","content":"27  Information to be provided in annual title assessment report—petroleum retention lease\n\n (1) For the purposes of paragraph 25(2)(b), this section sets out the requirements for a petroleum retention lessee’s annual title assessment report, for a reporting period for the lease.\n\n (a) if the lease is subject to a condition requiring the lessee to carry out work in, or in relation to, the lease area:\n\n (iii) the total expenditure incurred for the work from the time the lease was granted until the end of the reporting period;\n\n (b) for each activity not covered by paragraph (a) that the lessee carried out in, or in relation to, the lease area during the reporting period:\n\n (iii) the total expenditure incurred for the activity from the time the lease was granted until the end of the reporting period;\n\n (c) a description of the results of the work and activities carried out in, or in relation to, the lease area, including:\n\n (i) a description of how carrying out those activities affected the likelihood and timing of the commercially viable recovery of petroleum from the lease area; and\n\n (ii) a description of the work completed in relation to each proposed development scenario for the anticipated commercially viable recovery of petroleum in the lease area, and the status, as at the end of the reporting period, of each of those development scenarios; and\n\n (iii) details about any leads and prospects identified in the lease area; and\n\n (iv) estimates of the volume of petroleum in place for each identified lead and prospect; and\n\n (v) estimates of the volume of recoverable petroleum for each identified lead and prospect; and\n\n (vi) the probability of geological success for each identified lead and prospect (if available);\n\n (i) each activity, and the estimated expenditure for each activity, that the lessee intends to carry out in later reporting periods for the lease (or any other period during which the lease is in force); and\n\n (ii) a description of how carrying out those activities will affect the likelihood and timing of the commercially viable recovery of petroleum from the lease area;\n\n (e) a description of the measures taken by the lessee to prepare for the activities that the lessee intends to carry out in the next reporting period for the lease (if any);\n\n (f) details of the lessee’s future plans or proposals in relation to any wells that have been drilled in the lease area from the time the lease was granted until the end of the reporting period;\n\n (g) annual cash flow and capital expenditure forecasts for each proposed development scenario for the recovery of petroleum in the lease area;\n\n (h) if the reporting period is not the first reporting period for the lease—the following information about each petroleum pool situated in the lease area:\n\n (i) a description of the pool;\n\n (ii) any new information relating to the evaluation of the pool;\n\n (iii) an estimate of the quantity of petroleum in the pool at the end of the previous reporting period;\n\n (iv) an estimate of recoverable petroleum in the pool at the end of the previous reporting period;\n\n (v) any new or revised technical and economic data upon which the estimates mentioned in subparagraphs (iii) and (iv) are based, including a report of any study carried out that has resulted in a revised estimate;\n\n (i) any other information that is required to be included in the annual title assessment report by a condition of the lease;\n\n (j) a list of the reports submitted to the Titles Administrator in accordance with this instrument during the reporting period.\n\nNote: A form approved for the purposes of this section must be published on the Titles Administrator’s website: see section 32.\n\n","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Information to be provided in annual title assessment report—petroleum production licence","content":"28  Information to be provided in annual title assessment report—petroleum production licence\n\n (1) For the purposes of paragraph 25(2)(c), this section sets out the requirements for a petroleum production licensee’s annual title assessment report, for a reporting period for the licence.\n\n (a) a description of each activity, and the total expenditure incurred for each activity, that the licensee carried out during the reporting period in relation to the following:\n\n (i) the exploration for, and appraisal of, additional recoverable petroleum in the licence area;\n\n (ii) the development of a field or the management of petroleum pools in the licence area;\n\n (b) any key project milestones that occurred during the reporting period;\n\n (c) a summary of the financial performance of production from all fields in the licence area during the reporting period;\n\n (d) a description of the technical performance of production from all fields in the licence area, including:\n\n (i) the amount of petroleum produced from each petroleum pool in the licence area during the reporting period; and\n\n (ii) the amount of each substance injected into each reservoir in the licence area during the reporting period; and\n\n (iii) the amount of each substance flared, vented or used for fuel during the reporting period;\n\n (e) if the reporting period is not the first reporting period for the licence—the following information about each possible and discovered petroleum pool situated in the licence area:\n\n (i) a description of the pool;\n\n (ii) any new information relating to the evaluation of the pool;\n\n (iii) an estimate of the quantity of petroleum initially in place in the pool as estimated at the end of the previous reporting period for the licence;\n\n (iv) an estimate of the expected ultimate recoverable petroleum in the pool at the end of the previous reporting period for the licence;\n\n (v) any new or revised technical and economic data upon which the estimates in subparagraphs (iii) and (iv) are based, including a report of any studies carried out that have resulted in revised estimates;\n\n (f) a description of each activity, and the estimated expenditure for each activity, that the licensee intends to carry out in later reporting periods for the licence (or any other period during which the licence is in force) in relation to:\n\n (i) the exploration for, and appraisal of, additional recoverable petroleum in the licence area; and\n\n (ii) the development of a field or the management of petroleum pools situated in the licence area;\n\n (g) a description of the measures taken by the licensee to prepare for the activities that the licensee intends to carry out in the next reporting period for the licence (if any);\n\n (h) a production forecast for each producing project or potential development project;\n\n (i) the date on which the licensee estimates that recovery of petroleum from the licence area will cease;\n\n (j) annual cash flow and capital expenditure forecasts for each year during which operations will be, or are expected to be, undertaken in relation to the field (including operations relating to decommissioning);\n\n (k) details of the licensee’s plans in relation to any wells that have been drilled in the licence area from the time the licence was granted until the end of the reporting period;\n\n (l) for any discovered recoverable petroleum located in a field that does not have an accepted field development plan:\n\n (i) a description of any potentially commercially viable development scenarios; and\n\n (ii) annual cash flow and capital expenditure forecasts for each identified development scenario;\n\n (m) any other information that is required to be included in the annual title assessment report by a condition of the licence;\n\n (n) a list of the reports submitted to the Titles Administrator in accordance with this instrument during the reporting period.\n\nNote: A form approved for the purposes of this section must be published on the Titles Administrator’s website: see section 32.\n\n","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Information to be provided in annual title assessment report—greenhouse gas assessment permit","content":"29  Information to be provided in annual title assessment report—greenhouse gas assessment permit\n\n (1) For the purposes of paragraph 25(2)(d), this section sets out the requirements for a greenhouse gas assessment permittee’s annual title assessment report, for a reporting period for the permit.\n\n (a) if the permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area:\n\n (iii) the total expenditure incurred for the work from the time the permit was granted until the end of the reporting period;\n\n (b) for each activity not covered by paragraph (a) that the permittee carried out in, or in relation to, the permit area during the reporting period:\n\n (iii) the total expenditure incurred for the activity from the time the permit was granted until the end of the reporting period;\n\n (c) a description of the results of the work and activities carried out in, or in relation to, the permit area, including:\n\n (i) details about any potential or eligible greenhouse gas formations in the permit area; and\n\n (ii) estimates of the storage resources for each of those potential or eligible greenhouse gas formations; and\n\n (iii) details about any potential greenhouse gas injection sites in the permit area;\n\n (d) details of any new information that the permittee became aware of during the reporting period in relation to any identified greenhouse gas storage formations in the permit area for which a declaration under section 312 or 312A of the Act is in force;\n\n (e) a description of each activity, and the estimated expenditure for each activity, that the permittee intends to carry out in later reporting periods for the permit (or any other period during which the permit is in force);\n\n (f) a description of the measures taken by the permittee to prepare for the activities that the permittee intends to carry out in the next reporting period for the permit (if any);\n\n (g) details of the permittee’s future plans or proposals in relation to any wells that have been drilled in the permit area from the time the permit was granted until the end of the reporting period;\n\n (h) if the permit is subject to a condition requiring the permittee to maintain insurance—details of the insurance the permittee maintains in compliance with that condition;\n\n (i) details of any security that is taken to be in force in relation to the permit under section 31 of the Act, including the form and the amount of the security;\n\n (j) any other information that is required to be included in the annual title assessment report by a condition of the permit;\n\n (k) a list of the reports submitted to the responsible Commonwealth Minister in accordance with this instrument during the reporting period.\n\nNote: A form approved for the purposes of this section must be published on the Titles Administrator’s website: see section 32.\n\n","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Information to be provided in annual title assessment report—greenhouse gas holding lease","content":"30  Information to be provided in annual title assessment report—greenhouse gas holding lease\n\n (1) For the purposes of paragraph 25(2)(e), this section sets out the requirements for a greenhouse gas holding lessee’s annual title assessment report, for a reporting period for the lease.\n\n (a) if the lease is subject to a condition requiring the lessee to carry out work in, or in relation to, the lease area:\n\n (iii) the total expenditure incurred for the work from the time the lease was granted until the end of the reporting period;\n\n (b) for each activity not covered by paragraph (a) that the lessee carried out in, or in relation to, the lease area during the reporting period:\n\n (iii) the total expenditure incurred for the activity from the time the lease was granted until the end of the reporting period;\n\n (c) a description of the results of the work and activities carried out in, or in relation to, the lease area, including:\n\n (i) a description of how carrying out those activities affected the likelihood and timing of the viability of injecting a greenhouse gas substance into an identified greenhouse gas storage formation in the lease area; and\n\n (ii) a description of the work completed in relation to each proposed development scenario for the injection of a greenhouse gas substance into an identified greenhouse gas storage formation in the lease area, and the status, as at the end of the reporting period, of each of those development scenarios; and\n\n (iii) details about any potential or eligible greenhouse gas formations in the lease area; and\n\n (iv) estimates of the storage resources for each of those potential or eligible greenhouse gas formations; and\n\n (v) details about any potential greenhouse gas injection sites in the lease area;\n\n (i) each activity, and the estimated expenditure for each activity, that the lessee intends to carry out in later reporting periods for the lease (or any other period during which the lease is in force); and\n\n (ii) a description of how carrying out those activities will affect the likelihood and timing of the injection of a greenhouse gas substance into an identified greenhouse gas storage formation situated in the lease area;\n\n (e) a description of the measures taken by the lessee to prepare for the activities that the lessee intends to carry out in the next reporting period for the lease (if any);\n\n (f) details of the lessee’s future plans or proposals in relation to any wells that have been drilled in the lease area from the time the lease was granted until the end of the reporting period;\n\n (g) annual cash flow and capital expenditure forecasts for each proposed development scenario for the injection of a greenhouse gas substance into an identified greenhouse gas storage formation situated in the lease area;\n\n (h) details of any identified sources of greenhouse gas substances;\n\n (i) if the reporting period is not the first reporting period for the lease—the following information about each identified greenhouse gas storage formation situated in the lease area:\n\n (i) a description of the formation;\n\n (ii) any new information relating to the evaluation of the formation;\n\n (iii) an estimate of the contingent storage resources of the formation as at the end of the previous reporting period for the lease;\n\n (iv) any new or revised technical and economic data upon which the estimate mentioned in subparagraph (iii) is based, including a report of any study carried out that has resulted in a revised estimate;\n\n (j) if the lease is subject to a condition requiring the lessee to maintain insurance—details of the insurance the lessee maintains in compliance with that condition;\n\n (k) details of any security that is taken to be in force in relation to the lease under section 31 of the Act, including the form and the amount of the security;\n\n (l) any other information that is required to be included in the annual title assessment report by a condition of the lease;\n\n (m) a list of the reports submitted to the responsible Commonwealth Minister in accordance with this instrument during the reporting period.\n\nNote: A form approved for the purposes of this section must be published on the Titles Administrator’s website: see section 32.\n\n","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Annual title assessment reports may include any other relevant information","content":"31  Annual title assessment reports may include any other relevant information\n\n  An annual title assessment report may include any other information that the titleholder believes is relevant to the title.\n\n","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Approved forms","content":"32  Approved forms\n\n  The Titles Administrator must publish on the Titles Administrator’s website any form approved for the purposes of section 26, 27, 28, 29 or 30.\n\nDivision 3—Miscellaneous matters relating to title assessment reports\n\n","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Reports may be combined with permission","content":"33  Reports may be combined with permission\n\n  A titleholder with more than one title may, with the written agreement of the Titles Administrator, combine the annual title assessment reports for each of the titles into a single document.\n\n","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Title assessment reports—transitioning to new reporting period","content":"34  Title assessment reports—transitioning to new reporting period\n\n (1) This section applies, in relation to a title, if:\n\n (a) a reporting period (the old reporting period) for the title has begun but not ended; and\n\n (b) the Titles Administrator has agreed to a different reporting period (a new reporting period) for the title under paragraph 25(3)(b); and\n\n (c) the first new reporting period for the title begins during the old reporting period for the title.\n\n (2) The first new reporting period for the title is taken to include the period between:\n\n (a) the start of the old reporting period for the title; and\n\n (b) the start of the first new reporting period for the title (disregarding the effect of this subsection).\n\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Title assessment report for part of a year","content":"35  Title assessment report for part of a year\n\n (a) a title ceases to be in force (whether because the title has expired or because the title has been surrendered, cancelled, revoked or terminated); and\n\n (b) either:\n\n (i) the term of the title was not a whole number of years; or\n\n (ii) if the Titles Administrator has agreed to another reporting period for the title under paragraph 25(3)(b)—the title did not cease to be in force on the last day of a reporting period for the title.\n\nNote: This section may apply when a title has been renewed. The renewal of a title is taken to be the grant of a new title on the day after the expiry of the previous title—see section 11 of the Act.\n\nNotice for title assessment report\n\n (2) The Titles Administrator may, by written notice, require the titleholder to give a title assessment report to the Titles Administrator for the period at the end of the term of the title that was not a reporting period for the title.\n\n (3) The notice must specify:\n\n (a) the information that must be included in the report; and\n\n (b) a period of at least 30 days, starting on the day the notice is given to the titleholder, within which the report must be given to the Titles Administrator.\n\n (4) For the purposes of paragraph (3)(a), the notice may only specify information that:\n\n (a) if the notice is given to a petroleum exploration permittee—is specified in subsection 26(2); or\n\n (b) if the notice is given to a petroleum retention lessee—is specified in subsection 27(2); or\n\n (c) if the notice is given to a petroleum production licensee—is specified in subsection 28(2); or\n\n (d) if the notice is given to a greenhouse gas assessment permit—is specified in subsection 29(2); or\n\n (e) if the notice is given to a greenhouse gas holding lessee—is specified in subsection 30(2).\n\nTitleholder must comply with notice\n\n (5) A titleholder must comply with a notice given to the titleholder under subsection (2) within the period specified in the notice.\n\n (6) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (5).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (7) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (5).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":40},{"sectionNumber":"Part 4","sectionType":"part","heading":"Field development plans and approvals of petroleum recovery","content":"Part 4—Field development plans and approvals of petroleum recovery\n\n","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Simplified outline of this Part","content":"36  Simplified outline of this Part\n\nThis Part deals with field development plans and rates of recovery of petroleum.\n\nA petroleum production licensee must not recover petroleum from a field without an accepted field development plan for the field (subject to some exceptions). The titleholder must also undertake activities in accordance with an accepted field development plan.\n\nThis Part sets out the following matters in relation to field development plans:\n\n (a) how a petroleum production licensee or an applicant for a petroleum production licence may apply to the Joint Authority for acceptance of a plan;\n\n (b) how the Joint Authority is to decide whether to accept a plan;\n\n (c) the matters that must be included in a plan;\n\n (d) when a plan must be varied by a petroleum production licensee;\n\n (e) when the Joint Authority may withdraw its acceptance of a plan.\n\nA petroleum production licensee must not recover petroleum without a recovery rate approval from the Joint Authority.\n\nThis Part sets out the following matters in relation to recovery rate approvals:\n\n (a) how a petroleum production licensee may apply to the Titles Administrator for a recovery rate approval from the Joint Authority;\n\n (b) what matters must be included in an application for a recovery rate approval;\n\n (c) how the Joint Authority is to decide to grant a recovery rate approval;\n\n (d) when the Joint Authority may withdraw a recovery rate approval;\n\n (e) how a licensee may apply for permission from the Titles Administrator to recover petroleum at a non‑approved rate of recovery.\n\nA petroleum production licensee must give the Titles Administrator notice of significant events that occur in, or in relation to, the licence area.\n\n","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Definitions","content":"37  Definitions\n\nfield means an area within a petroleum production licence area that is, or is proposed to be, covered by a field development plan.\n\n","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Purpose of this Part","content":"38  Purpose of this Part\n\n  This Part is made for the purposes of subsection 782(1) and section 784 of the Act.\n\nDivision 2—Field development plan requirements for petroleum production licensees\n\n","sortOrder":44},{"sectionNumber":"39","sectionType":"section","heading":"Requirement to have accepted field development plan","content":"39  Requirement to have accepted field development plan\n\n (1) A petroleum production licensee must not recover petroleum from a petroleum pool in the licence area unless:\n\n (a) the recovery is on an appraisal basis; or\n\n (b) at the time of the recovery, the licensee has:\n\n (i) an accepted field development plan for a field that includes the petroleum pool; or\n\n (ii) permission under section 58 to recover petroleum at that time without an accepted field development plan for a field that includes the petroleum pool.\n\nNote 1: This requirement applies to a petroleum production licensee. Recovery of petroleum in an offshore area without a petroleum production licence or other authorisation under the Act is an offence under section 160 of the Act.\n\nNote 2: The Act also requires a petroleum production licensee to undertake the recovery operation in accordance with good oilfield practice: see section 569 of the Act.\n\n","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Requirement to undertake activities consistently with accepted field development plan","content":"40  Requirement to undertake activities consistently with accepted field development plan\n\n (1) A petroleum production licensee must not undertake an activity in a field if:\n\n (a) the licensee has an accepted field development plan for the field; and\n\n (b) the undertaking of the activity is not consistent with the plan.\n\nDivision 3—Obtaining acceptance of field development plan\n\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Application for acceptance of field development plan","content":"41  Application for acceptance of field development plan\n\n (1) A person (the FDP applicant) may apply to the Titles Administrator for the acceptance of a field development plan by the Joint Authority, if the FDP applicant is:\n\n (a) a petroleum production licensee; or\n\n (b) an applicant for a petroleum production licence.\n\n (c) be accompanied by the field development plan.\n\n (3) The Titles Administrator must publish on the Titles Administrator’s website any form approved for the purposes of paragraph (2)(b).\n\n (4) For the purposes of paragraph (2)(c), an application under this section is taken to be accompanied by a field development plan if the plan is given to the Titles Administrator before the end of the 10 day period that began on the day after the application was made.\n\nAmendment of submitted field development plan before decision\n\n (5) At any time before the Joint Authority makes a decision on a field development plan under section 43, the FDP applicant may:\n\n (a) amend the application or plan; and\n\n (b) resubmit the application and plan in accordance with subsection (2) of this section.\n\n (6) If an FDP applicant amends and resubmits a field development plan under subsection (5), a reference in this Division to the field development plan is a reference to the plan as amended.\n\n","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Titles Administrator may request further information","content":"42  Titles Administrator may request further information\n\nTitles Administrator may request further information\n\n (1) The Titles Administrator may do either or both of the following:\n\n (a) request the FDP applicant to:\n\n (i) include in the field development plan further written information about any matter specified in section 45; and\n\n (ii) resubmit the plan to the Titles Administrator;\n\n (b) request the FDP applicant to provide further written information to the Titles Administrator about any matter specified in section 45.\n\nForm of request\n\n (2) A request under paragraph (1)(a) or (b) must:\n\n (b) set out each matter for which written information is requested to be included or provided; and\n\n (c) specify a period of at least 14 days, starting on the day the request is given to the FDP applicant, within which:\n\n (i) for a request under paragraph (1)(a)—the plan must be resubmitted; or\n\n (ii) for a request under paragraph (1)(b)—the information must be provided.\n\nRequest must be complied with\n\n (3) The FDP applicant must comply with the request:\n\n (a) within the period specified in the request; or\n\n (b) within a longer period agreed to, in writing, by the Titles Administrator.\n\n (4) If the FDP applicant does not comply with subsection (3), the Joint Authority may, by written notice given to the FDP applicant:\n\n (a) refuse to consider the application for acceptance of the field development plan; or\n\n (b) refuse to take any action, or any further action, in relation to the application and plan.\n\n (5) Subsection (4) has effect despite any provision of this instrument that requires the Joint Authority to:\n\n (a) consider the application and plan; or\n\n (b) take any particular action in relation to the application and plan.\n\n","sortOrder":48},{"sectionNumber":"43","sectionType":"section","heading":"Joint Authority decision on field development plan","content":"43  Joint Authority decision on field development plan\n\n (1) The Joint Authority must:\n\n (a) if the Joint Authority is satisfied that the field development plan meets the criteria in section 44—accept the plan, subject to any conditions the Joint Authority considers appropriate; or\n\n (b) if the Joint Authority is not so satisfied—reject the plan; or\n\n (c) direct the Titles Administrator to notify the FDP applicant, in writing, that the Joint Authority requires further information to be included in the plan in order to be satisfied that the plan meets or does not meet the criteria in section 44.\n\nFurther assessment before decision\n\n (2) A notice under paragraph (1)(c) must specify:\n\n (a) the further information that the Joint Authority requires to be included in the plan; and\n\n (b) the day when the Joint Authority intends to commence further assessment of the plan.\n\n (3) The day specified under paragraph (2)(b) must give the FDP applicant a reasonable opportunity to modify and resubmit the field development plan.\n\n (4) If the Joint Authority undertakes further assessment of the resubmitted field development plan, the Joint Authority must, as soon as practicable after undertaking that assessment:\n\n (a) if the Joint Authority is satisfied that the plan meets the criteria in section 44—accept the plan, subject to such conditions as the Joint Authority considers appropriate; or\n\n (b) if the Joint Authority is not so satisfied—reject the plan.\n\n (5) The Titles Administrator must notify the FDP applicant, in writing, of the following matters as soon as practicable after the Joint Authority decides to accept or reject the field development plan:\n\n (b) if the Joint Authority decides to accept the plan—the date on which the plan was accepted;\n\n (c) if the Joint Authority decides to accept the plan subject to one or more conditions—the conditions and the reasons for the decision;\n\n (d) if the Joint Authority decides to reject the plan—the reasons for the decision.\n\n","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Criteria for acceptance of field development plan","content":"44  Criteria for acceptance of field development plan\n\n  For the purposes of subsections 43(1) and (4) and 48(1) and (4), the criteria for acceptance of a field development plan, or a varied field development plan, are that:\n\n (a) the plan includes the information specified in subsection 45(1); and\n\n (b) the plan demonstrates that the FDP applicant will conduct pool management in the field in a manner that is:\n\n (i) consistent with good oilfield practice; and\n\n (ii) compatible with the optimum long‑term recovery of the petroleum.\n\n","sortOrder":50},{"sectionNumber":"45","sectionType":"section","heading":"Contents of field development plan","content":"45  Contents of field development plan\n\n (1) For the purposes of paragraph 44(a), the following information must be included in a field development plan or a varied field development plan:\n\n (a) a description of the field that is covered by the plan;\n\n (b) evidence and data showing that the field contains petroleum, including details of the structure, extent and location of discovered petroleum pools;\n\n (c) estimates of the volume of petroleum in place and recoverable petroleum, including technical and economic data supporting the estimates;\n\n (i) the possible petroleum pools in the field; and\n\n (ii) the FDP applicant’s proposals (if any) to explore for petroleum pools outside the field, and how any petroleum pools of commercial quantity may be developed;\n\n (e) a description of:\n\n (i) an appropriate strategy for the development of the field, management of the petroleum pools in the field and the optimum long‑term recovery of petroleum from the petroleum pools; and\n\n (ii) any proposed alternative development scenarios;\n\n (f) a description of how the FDP applicant intends to extract the petroleum over time, including the following:\n\n (i) the estimated positions of wells;\n\n (ii) the potential timing of workovers;\n\n (iii) possible tie‑ins;\n\n (g) the project schedule, including:\n\n (i) an estimated development timetable of production facilities such as wells, platforms and petroleum pipelines; and\n\n (ii) key project milestones; and\n\n (iii) the date on which the FDP applicant estimates that recovery of petroleum from the field will cease;\n\n (h) annual cash flow and capital expenditure forecasts associated with the development of the field for:\n\n (i) the 12‑month period beginning on the day the plan is submitted; and\n\n (ii) each subsequent 12‑month period during which operations are expected to be undertaken in, or in relation to, the field (including operations relating to decommissioning);\n\n (i) details of the FDP applicant’s operations or proposals for:\n\n (i) the enhanced recovery or recycling of petroleum; and\n\n (ii) the processing, storage or disposal of petroleum; and\n\n (iii) the injection of petroleum or water into an underground formation;\n\n (j) a description of the arrangements for:\n\n (i) monitoring, recording in writing and reporting on the FDP applicant’s conduct of pool management; and\n\n (ii) keeping records and other documents about the FDP applicant’s conduct of pool management;\n\n (k) details of:\n\n (i) the surface connections and equipment that will be used by the FDP applicant; and\n\n (ii) any production by a well that is from more than one petroleum pool; and\n\n (iii) any production from a petroleum pool that is through more than one well;\n\n (l) a description of any arrangements for the transport, injection and storage of any greenhouse gas substances obtained from third parties or other external sources;\n\n (m) a description of the arrangements for the maintenance of an accurate quantitative record of events, measurements and actions to which the plan relates.\n\n (2) A field development plan may include any other information that the FDP applicant believes is relevant.\n\n","sortOrder":51},{"sectionNumber":"Div 4","sectionType":"division","heading":"Varied field development plans","content":"Division 4—Varied field development plans\n\nSubdivision A—Varied field development plans\n\n","sortOrder":52},{"sectionNumber":"46","sectionType":"section","heading":"Circumstances when petroleum production licensee must apply for acceptance of varied field development plan","content":"46  Circumstances when petroleum production licensee must apply for acceptance of varied field development plan\n\nMajor change in relation to recovery of petroleum\n\n (1) If a petroleum production licensee intends to make a major change in relation to the recovery of petroleum from a field covered by an accepted field development plan, the licensee must:\n\n (a) vary the accepted field development plan to provide for the major change; and\n\n (b) apply to the Titles Administrator for the acceptance, by the Joint Authority, of that plan as varied (the varied field development plan).\n\nNote: A petroleum production licensee also must not undertake an activity if the undertaking of the activity is not consistent with the accepted field development plan: see section 40.\n\n (2) The petroleum production licensee must submit the application at least 90 days before making the major change.\n\nVaried field development plan required by Joint Authority\n\n (3) If the Joint Authority requires a petroleum production licensee, by written notice under section 51, to vary an accepted field development plan of the licensee, the licensee must:\n\n (a) vary the plan in accordance with:\n\n (i) the notice; or\n\n (ii) if the notice is varied under section 53—the varied notice; and\n\n (b) apply to the Titles Administrator for the acceptance, by the Joint Authority, of that plan as varied (the varied field development plan).\n\nNote: Under section 51, the Titles Administrator may give a petroleum production licensee a written notice advising the licensee that the Joint Authority requires the licensee to vary an accepted field development plan. The licensee may object to the notice under section 52 and the Titles Administrator may vary or withdraw the notice under section 53.\n\n (4) The petroleum production licensee must submit the application:\n\n (a) within 90 days after the notice is given to the licensee under section 51; or\n\n (b) if the notice is varied under section 53—within 90 days after the licensee is notified of the new requirements under that section.\n\n (5) Subsections (3) and (4) do not apply if the notice is withdrawn under section 53.\n\nTransfer of licence\n\n (a) a petroleum production licensee has an accepted field development plan for a field in the licence area; and\n\n (b) after the plan was accepted by the Joint Authority, a transfer of the petroleum production licence is registered under section 479 of the Act; and\n\n (c) another petroleum production licensee who is the transferee, in relation to the transfer of the licence, does not give the Titles Administrator a written undertaking to continue operations in the field consistently with the accepted field development plan;\n\nthen the transferee must:\n\n (d) vary the accepted field development plan to provide for any changes that the transferee intends to implement in relation to any matter specified in section 45; and\n\n (e) apply to the Titles Administrator for the acceptance, by the Joint Authority, of that plan as varied (the varied field development plan).\n\n (7) The petroleum production licensee who is the transferee must submit the application within 90 days after the transfer of the licence is registered under section 479 of the Act.\n\nChange in control of petroleum production licensee\n\n (8) If:\n\n (a) at a time after the Joint Authority accepts a petroleum production licensee’s field development plan, there is a change in control (within the meaning of section 566B of the Act) of the licensee (whether or not the change in control is approved by the Titles Administrator under section 566D of the Act); and\n\n (b) after the change in control takes effect, the Titles Administrator requests, in writing, that the licensee give a written undertaking that the licensee will continue operations consistently with the accepted field development plan; and\n\n (c) the licensee does not give that written undertaking to the Titles Administrator within 14 days after receiving the request;\n\nthe licensee must:\n\n (d) vary the accepted field development plan to provide for any changes in relation to any matter specified in section 45 that the licensee intends to implement; and\n\n (e) apply to the Titles Administrator for the acceptance, by the Joint Authority, of that plan as varied (the varied field development plan).\n\n (9) The petroleum production licensee must submit the application within 90 days after receiving the request mentioned in paragraph (8)(b).\n\nApplication must be accompanied by varied field development plan\n\n (10) An application under this section must:\n\n (c) be accompanied by the varied field development plan.\n\n (11) For the purposes of paragraph (10)(c), an application under this section is taken to be accompanied by a varied field development plan if the varied field development plan is given to the Titles Administrator before the end of the 10 day period that began on the day after the application was made.\n\n (12) The Titles Administrator must publish on the Titles Administrator’s website any form approved for the purposes of paragraph (10)(b).\n\n (13) A petroleum production licensee commits an offence of strict liability if the licensee contravenes subsection (2), (4), (7) or (9).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (14) A petroleum production licensee is liable to a civil penalty if the licensee contravenes subsection (2), (4), (7) or (9).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":53},{"sectionNumber":"47","sectionType":"section","heading":"Titles Administrator may request further information about varied field development plan","content":"47  Titles Administrator may request further information about varied field development plan\n\nTitles Administrator may request further information\n\n (1) If a petroleum production licensee applies to the Titles Administrator for acceptance of a varied field development plan under section 46, the Titles Administrator may do either or both of the following:\n\n (a) request the licensee:\n\n (i) to include in the varied field development plan further information about any matter mentioned in section 45; and\n\n (ii) to resubmit the varied field development plan to the Titles Administrator;\n\n (b) request the licensee to provide further written information to the Titles Administrator about any matter mentioned in section 45.\n\nForm of request\n\n (2) A request under subsection (1) must:\n\n (b) set out each matter for which information is requested to be included or provided; and\n\n (c) specify a period of at least 14 days, starting on the day the request is given to the licensee, within which:\n\n (i) for a request under paragraph (1)(a)—the varied field development plan must be resubmitted; or\n\n (ii) for a request under paragraph (1)(b)—the information must be provided.\n\nRequest must be complied with\n\n (3) The petroleum production licensee must resubmit the varied field development plan or provide the information:\n\n (a) within the period specified in the request; or\n\n (b) within a longer period agreed to, in writing, by the Titles Administrator.\n\n (4) If the petroleum production licensee does not comply with subsection (3), the Joint Authority may, by written notice given to the licensee:\n\n (a) refuse to consider the licensee’s application for acceptance of the varied field development plan; or\n\n (b) refuse to take any action, or any further action, in relation to the application and varied field development plan.\n\n (5) Subsection (4) has effect despite any provision of this instrument that requires the Joint Authority to:\n\n (a) consider the application and varied field development plan; or\n\n (b) take any particular action in relation to the application and varied field development plan.\n\n","sortOrder":54},{"sectionNumber":"48","sectionType":"section","heading":"Joint Authority decision on varied field development plan","content":"48  Joint Authority decision on varied field development plan\n\n (1) The Joint Authority must:\n\n (a) if the Joint Authority is satisfied that the varied field development plan meets the criteria in section 44—accept the varied field development plan, subject to any conditions the Joint Authority considers appropriate; or\n\n (b) if the Joint Authority is not so satisfied—reject the varied field development plan; or\n\n (c) direct the Titles Administrator to notify the licensee, in writing, that the Joint Authority requires further information in order to be satisfied that the varied field development plan meets or does not meet those criteria.\n\nFurther assessment before decision\n\n (2) A notice under paragraph (1)(c) must specify:\n\n (a) any further information the Joint Authority requires to be included in the varied field development plan; and\n\n (b) the day after which the Joint Authority will commence further assessment of the varied field development plan.\n\n (3) The day specified under paragraph (2)(b) must give the licensee a reasonable opportunity to modify and resubmit the varied field development plan.\n\n (4) If the Joint Authority undertakes further assessment of the varied field development plan, the Joint Authority must, as soon as practicable after undertaking that assessment:\n\n (a) if the Joint Authority is satisfied that the varied field development plan meets the criteria in section 44—accept the varied field development plan subject to such conditions as the Joint Authority considers appropriate; or\n\n (b) if the Joint Authority is not so satisfied—reject the varied field development plan.\n\n (5) The Titles Administrator must notify the licensee, in writing, of the following matters as soon as practicable after the Joint Authority has made a decision to accept or reject the varied field development plan:\n\n (b) if the Joint Authority decides to accept the varied field development plan—the day on which the varied field development plan was accepted;\n\n (c) if the Joint Authority decides to accept the varied field development plan subject to one or more conditions—the conditions and the reasons for the decision;\n\n (d) if the Joint Authority decides to reject the varied field development plan—the reasons for the decision.\n\n","sortOrder":55},{"sectionNumber":"49","sectionType":"section","heading":"Amendment of varied field development plan","content":"49  Amendment of varied field development plan\n\n (1) At any time before the Joint Authority makes a decision under section 48 on a petroleum production licensee’s application for acceptance of a varied field development plan, the licensee may:\n\n (a) amend the application or varied field development plan; and\n\n (b) resubmit the application and varied field development plan in accordance with subsection 46(10).\n\n (2) If a licensee amends and resubmits a varied field development plan under subsection (1), a reference in this Division to the varied field development plan is a reference to the varied field development plan as amended.\n\n","sortOrder":56},{"sectionNumber":"50","sectionType":"section","heading":"Effect of rejection of varied field development plan","content":"50  Effect of rejection of varied field development plan\n\n (a) a petroleum production licensee varies an accepted field development plan and applies for the acceptance by the Joint Authority of the varied field development plan under section 46; and\n\n (b) the Joint Authority rejects the varied field development plan under section 48;\n\nthe accepted field development plan continues in effect, subject to the Act and this Part, as if the varied field development plan had not been submitted.\n\n (2) Subsection (1) does not limit section 51.\n\nSubdivision B—Varied field development plans required by Joint Authority\n\n","sortOrder":57},{"sectionNumber":"51","sectionType":"section","heading":"Joint Authority may require varied field development plan","content":"51  Joint Authority may require varied field development plan\n\n (1) The Titles Administrator may give a petroleum production licensee who has an accepted field development plan for a field in the licence area a written notice advising the licensee that the Joint Authority requires the licensee to vary the accepted field development plan.\n\nNote: If a petroleum production licensee receives a notice under this section, the licensee must apply to the Titles Administrator for acceptance, by the Joint Authority, of a varied field development plan: see subsections 46(3) and (4).\n\n (2) The notice must:\n\n (a) set out the following:\n\n (i) how the Joint Authority requires the accepted field development plan to be varied;\n\n (ii) the grounds for requiring the accepted field development plan to be varied;\n\n (iii) the effect of section 52; and\n\n (b) state that the licensee must submit the varied field development plan within 90 days after the notice is given to the licensee.\n\n","sortOrder":58},{"sectionNumber":"52","sectionType":"section","heading":"Objection to requirement for varied field development plan","content":"52  Objection to requirement for varied field development plan\n\n (1) If the Titles Administrator gives a petroleum production licensee a notice under section 51 requiring the licensee to vary an accepted field development plan, the licensee may give an objection, in writing, to the Titles Administrator:\n\n (a) stating either or both of the following:\n\n (i) that the licensee should not be required to vary the accepted varied field development plan;\n\n (ii) that the accepted field development plan should be varied differently to how the Joint Authority requires the accepted field development plan to be varied; and\n\n (b) giving reasons for the objection.\n\n (2) The licensee must give the objection to the Titles Administrator:\n\n (a) within 21 days after receiving the notice; or\n\n (b) if the Titles Administrator agrees, in writing, to a longer period—within that longer period.\n\n","sortOrder":59},{"sectionNumber":"53","sectionType":"section","heading":"Joint Authority decision on objection to requirement for varied field development plan","content":"53  Joint Authority decision on objection to requirement for varied field development plan\n\n (1) The Joint Authority must decide whether to accept or reject a licensee’s objection made under section 52.\n\n (2) The Titles Administrator must notify the licensee, in writing, of the following matters as soon as practicable after the Joint Authority makes a decision under subsection (1):\n\n (a) the terms of the Joint Authority’s decision, including:\n\n (i) whether the notice given under section 51 is varied or withdrawn; and\n\n (ii) if the notice is varied—the new requirements;\n\n (b) if the decision is to reject the objection—the reasons for the decision.\n\n","sortOrder":60},{"sectionNumber":"Div 5","sectionType":"division","heading":"Withdrawal of acceptance of field development plan","content":"Division 5—Withdrawal of acceptance of field development plan\n\n","sortOrder":61},{"sectionNumber":"54","sectionType":"section","heading":"Withdrawal of acceptance of field development plan","content":"54  Withdrawal of acceptance of field development plan\n\n  The Joint Authority may withdraw its acceptance of a petroleum production licensee’s accepted field development plan if any of the following grounds for withdrawal apply:\n\n (a) the licensee has failed to comply with a provision of the Act or this instrument;\n\n (b) the licensee has failed to comply with the plan;\n\n (c) the licensee has failed to comply with a condition to which the Joint Authority’s acceptance of the plan was made subject under section 43 or 48;\n\n (d) the licensee has failed to comply with any direction given under the Act.\n\n","sortOrder":62},{"sectionNumber":"55","sectionType":"section","heading":"Steps to be taken before withdrawing acceptance","content":"55  Steps to be taken before withdrawing acceptance\n\n (1) Before withdrawing acceptance of an accepted field development plan under section 54, the Joint Authority must comply with subsections (2), (4) and (5) of this section.\n\nNotice of intention to withdraw acceptance\n\n (2) The Joint Authority must ask the Titles Administrator to give the licensee at least 30 days’ notice, in writing, of the Joint Authority’s intention to withdraw acceptance of the plan.\n\n (3) The Joint Authority may ask the Titles Administrator to give a copy of the notice to such other persons (if any) as the Joint Authority thinks fit.\n\nContents of notice\n\n (4) The Joint Authority must ensure that the notice specifies:\n\n (a) the grounds on which the Joint Authority proposes to withdraw acceptance of the plan; and\n\n (b) a day by which the licensee (or any other person to whom a copy of the notice has been given) may submit to the Titles Administrator, in writing, any matters for the Joint Authority to take into account in deciding whether to withdraw acceptance of the plan.\n\nConsiderations\n\n (5) In deciding whether to withdraw acceptance of the plan, the Joint Authority must take into account:\n\n (a) any action taken by the licensee to remove the ground for withdrawal of acceptance, or to prevent the recurrence of that ground; and\n\n (b) any matter submitted to the Titles Administrator before the day specified in the notice by:\n\n (i) the licensee; or\n\n (ii) if another person is given a copy of the notice under subsection (3)—that other person.\n\n","sortOrder":63},{"sectionNumber":"56","sectionType":"section","heading":"Notice of withdrawal of acceptance","content":"56  Notice of withdrawal of acceptance\n\n (1) The Titles Administrator must give the licensee written notice of the Joint Authority’s withdrawal of acceptance under section 54.\n\n (2) The notice must specify:\n\n (a) the grounds for the withdrawal of acceptance; and\n\n (b) the day from which the withdrawal of acceptance takes effect.\n\n","sortOrder":64},{"sectionNumber":"Div 6","sectionType":"division","heading":"Recovery of petroleum without accepted field development plan","content":"Division 6—Recovery of petroleum without accepted field development plan\n\n","sortOrder":65},{"sectionNumber":"57","sectionType":"section","heading":"Application for permission to recover petroleum without accepted field development plan","content":"57  Application for permission to recover petroleum without accepted field development plan\n\n (1) A petroleum production licensee may apply, in writing, to the Titles Administrator for permission to recover petroleum from one or more petroleum pools in the licence area without having an accepted field development plan for the field that includes the petroleum pool or pools.\n\n (2) The application must include the following information for each petroleum pool covered by the application:\n\n (a) the reason why it is necessary for the licensee to recover the petroleum without having an accepted field development plan;\n\n (b) details of any proposed extended production test;\n\n (c) the period for which the permission is sought (which must not be more than 3 months);\n\n (d) details of any proposed disposal or flaring of any produced hydrocarbons.\n\n","sortOrder":66},{"sectionNumber":"58","sectionType":"section","heading":"Decision on application","content":"58  Decision on application\n\n (1) As soon as practicable after the Titles Administrator receives an application from a petroleum production licensee under section 57, the Titles Administrator must:\n\n (a) consult the Joint Authority on the appropriateness or otherwise of granting the permission; and\n\n (b) do one of the following:\n\n (i) grant the permission;\n\n (ii) grant the permission subject to such conditions as the Titles Administrator considers appropriate;\n\n (iii) refuse to grant the permission;\n\n (iv) request that the licensee provide further written information in order for the Titles Administrator to make a decision mentioned in subparagraph (i), (ii) or (iii) of this paragraph.\n\n (2) A request under subparagraph (1)(b)(iv) must:\n\n (b) specify each matter for which further information is requested; and\n\n (c) specify a period of at least 14 days, starting on the day the request is given to the licensee, within which the information must be provided.\n\n (3) After receiving the information specified in the request, the Titles Administrator must, as soon as practicable, do one of the things set out in paragraph (1)(b) in respect of the application.\n\n (4) The Titles Administrator must notify the licensee, in writing, of the following matters as soon as practicable after deciding to grant or refuse to grant the permission:\n\n (a) the terms of the decision;\n\n (b) if the Titles Administrator decides to grant the permission subject to one or more conditions—the conditions and the reason for the decision;\n\n (c) if the Titles Administrator decides to refuse to grant the permission—the reasons for the decision.\n\nPermission period\n\n (5) Subject to subsections (6) and (7), if the Titles Administrator grants the permission, the maximum period for which the Titles Administrator may grant the permission is 3 months from the day of the Titles Administrator’s decision.\n\n (6) The Titles Administrator may:\n\n (a) on written application by the licensee; and\n\n (b) after consulting the Joint Authority on the appropriateness or otherwise of granting an extension;\n\nextend the period of the permission by a maximum of 3 months.\n\n (7) The Titles Administrator may grant an extension under subsection (6) more than once, but the total period of all extensions must not exceed 9 months.\n\n","sortOrder":67},{"sectionNumber":"Div 7","sectionType":"division","heading":"Rates of recovery of petroleum","content":"Division 7—Rates of recovery of petroleum\n\nSubdivision A—Recovery rate approvals\n\n","sortOrder":68},{"sectionNumber":"59","sectionType":"section","heading":"Requirement to obtain recovery rate approval","content":"59  Requirement to obtain recovery rate approval\n\n (1) A petroleum production licensee must not recover petroleum from a petroleum pool in the licence area unless either or both of the following apply:\n\n (a) the rate, or a range of rates, of recovery of petroleum from the pool has been approved by the Joint Authority under section 60;\n\n (b) the rate of recovery of petroleum from the pool is subject to a direction under section 190 of the Act.\n\nNote: The Joint Authority may direct a petroleum production licensee to take all necessary and practicable steps to increase or reduce the rate at which petroleum is being recovered in the licence area: see section 190 of the Act.\n\n","sortOrder":69},{"sectionNumber":"60","sectionType":"section","heading":"Recovery rate approval","content":"60  Recovery rate approval\n\nRecovery rate approval application\n\n (1) A petroleum production licensee may apply to the Titles Administrator for approval (a recovery rate approval) by the Joint Authority of the rate, or range of rates, of recovery of petroleum from one or more petroleum pools in the licence area.\n\n (c) include the information specified in subsection (3).\n\n (3) For the purposes of paragraph (2)(c), the application must include the following information:\n\n (a) the proposed rate, or range of rates, of recovery of petroleum from:\n\n (i) the petroleum pool; and\n\n (ii) each well through which petroleum will be recovered from the petroleum pool; and\n\n (iii) the field that includes the petroleum pool;\n\n (b) how each of those rates, or range of rates, of recovery are consistent with the accepted field development plan for the field that includes the petroleum pool;\n\n (c) the past performance (if any), and a prediction of the future performance, of each production well in the licence area;\n\n (d) an estimate of the volume of petroleum in place and recoverable petroleum, including data supporting the estimates, for each of the following:\n\n (i) the petroleum pool;\n\n (ii) each well through which petroleum will be recovered from the petroleum pool;\n\n (iii) the field that includes the petroleum pool;\n\n (e) either:\n\n (i) evidence that the equipment and procedures that will be used to determine the quantity and composition of petroleum and water recovered from the pool have been approved under section 66; or\n\n (ii) evidence that the equipment that will be used to determine the quantity of petroleum recovered from the pool has been approved under section 13 of the Royalty Act.\n\nNote: Under section 13 of the Royalty Act, a State Minister can approve a measuring device for the purposes of measuring quantities of petroleum recovered from a well.\n\n (4) The Titles Administrator must publish on the Titles Administrator’s website any form approved for the purposes of paragraph (2)(b).\n\n (5) In relation to each petroleum pool covered by the application, the Joint Authority must:\n\n (a) approve the proposed rate, or range of rates, of recovery; or\n\n (b) approve the proposed rate, or range of rates, of recovery subject to such conditions as the Joint Authority considers appropriate; or\n\n (c) refuse to approve the proposed rate, or range of rates, of recovery.\n\n (6) The Joint Authority must not approve a rate, or range of rates, of recovery of petroleum from a petroleum pool covered by the application if the application does not include all of the information specified in subsection (3).\n\n (7) In making a decision under subsection (5), the Joint Authority must ensure that the rate, or range of rates, is consistent with the accepted field development plan for the field that includes the pool or pools.\n\n (8) The Titles Administrator must notify the petroleum production licensee, in writing, of the following matters as soon as practicable after the Joint Authority has made a decision to approve or reject the proposed rate, or range of rates, of recovery from the pool or pools:\n\n (b) if the Joint Authority decides to approve the rate, or range of rates, of recovery subject to one or more conditions—the conditions and the reasons for the decision;\n\n (c) if the Joint Authority decides to refuse to approve the rate, or range of rates, of recovery—the reasons for the decision.\n\nAmendment of application\n\n (9) At any time before the Joint Authority makes a decision under subsection (5) in relation to an application, the applicant may amend and resubmit the application in accordance with subsection (2).\n\n (10) If an applicant amends and resubmits an application under subsection (9), a reference in this section to the application is a reference to the application as amended.\n\n","sortOrder":70},{"sectionNumber":"61","sectionType":"section","heading":"Withdrawal of recovery rate approval","content":"61  Withdrawal of recovery rate approval\n\n (1) Subject to subsection (2), the Joint Authority may withdraw a petroleum production licensee’s recovery rate approval if any of the following grounds for withdrawal apply:\n\n (a) the licensee has failed to recover petroleum in accordance with the recovery rate approval;\n\n (b) the licensee has failed to comply with a condition to which the recovery rate approval was subject;\n\n (c) the licensee has failed to comply with a provision of the Act or this instrument;\n\n (d) the licensee has failed to comply with any direction given under the Act.\n\n (2) The Joint Authority must not withdraw the recovery rate approval if:\n\n (a) the purported grounds for withdrawal are mentioned in either paragraph (1)(a) or (b); and\n\n (b) the grounds arose because the licensee was acting in accordance with a permission granted by the Joint Authority under section 65.\n\nNote: Under section 65, the Titles Administrator may grant permission for a petroleum production licensee to recover petroleum at a different rate to that approved under section 60.\n\n","sortOrder":71},{"sectionNumber":"62","sectionType":"section","heading":"Steps to be taken before withdrawing recovery rate approval","content":"62  Steps to be taken before withdrawing recovery rate approval\n\n (1) Before withdrawing a petroleum production licensee’s recovery rate approval under section 61, the Joint Authority must comply with subsections (2), (4) and (5) of this section.\n\nNotice of intention to withdraw recovery rate approval\n\n (2) The Joint Authority must ask the Titles Administrator to give the licensee at least 30 days’ notice, in writing, of the Joint Authority’s intention to withdraw the recovery rate approval.\n\n (3) The Joint Authority may ask the Titles Administrator to give a copy of the notice to such other persons (if any) as the Joint Authority thinks fit.\n\nContents of notice\n\n (4) The Joint Authority must ensure that the notice specifies:\n\n (a) the grounds on which the Joint Authority proposes to withdraw the recovery rate approval; and\n\n (b) a day by which the licensee (or any other person to whom a copy of the notice has been given) may submit to the Titles Administrator, in writing, any matters for the Joint Authority to take into account in deciding whether to withdraw the recovery rate approval.\n\nConsiderations\n\n (5) In deciding whether to withdraw the recovery rate approval, the Joint Authority must take into account:\n\n (a) any action taken by the licensee to:\n\n (i) reinstate recovery of petroleum in accordance with the recovery rate approval; or\n\n (ii) ensure that petroleum is recovered only in accordance with the recovery rate approval; and\n\n (b) either:\n\n (i) any equipment and procedures approved under section 66 in relation to the licensee and petroleum pool; or\n\n (ii) any equipment approved under section 13 of the Royalty Act in relation to the licensee and petroleum pool; and\n\n (c) any other matter submitted to the Titles Administrator before the day specified in the notice by:\n\n (i) the licensee; or\n\n (ii) if another person is given a copy of the notice under subsection (3)—that other person.\n\n","sortOrder":72},{"sectionNumber":"63","sectionType":"section","heading":"Notice of withdrawal of recovery rate approval","content":"63  Notice of withdrawal of recovery rate approval\n\n (1) The Titles Administrator must give the licensee written notice of the Joint Authority’s withdrawal of the licensee’s recovery rate approval under section 61.\n\n (2) The notice must specify:\n\n (a) the grounds for the withdrawal of recovery rate approval; and\n\n (b) the day the withdrawal takes effect.\n\nSubdivision B—Short‑term permission to recover petroleum at non‑approved rate\n\n","sortOrder":73},{"sectionNumber":"64","sectionType":"section","heading":"Application for short‑term permission to recover petroleum at non‑approved rate","content":"64  Application for short‑term permission to recover petroleum at non‑approved rate\n\n (1) This section applies if the Joint Authority has approved a petroleum production licensee’s application for a recovery rate approval under section 60.\n\n (2) The petroleum production licensee may apply, in writing, to the Titles Administrator for permission to recover petroleum from the petroleum pool or pools at a different rate, or a different range of rates, (the different rate) to the rate or rates in the recovery rate approval.\n\n (3) The application must include the following information for each petroleum pool covered by the application:\n\n (a) an explanation of why it is necessary for the licensee to recover the petroleum at the different rate;\n\n (b) the period for which permission is sought (which must be no more than 6 months);\n\n (c) details of any proposed extended production test;\n\n (d) the effect that recovery at the different rate will have on:\n\n (i) the optimum long‑term recovery of petroleum from the pool; and\n\n (ii) each well that is producing from the pool;\n\n (e) details of any proposed flaring of any produced hydrocarbons;\n\n (f) any other information that the licensee considers is relevant to the application.\n\n","sortOrder":74},{"sectionNumber":"65","sectionType":"section","heading":"Decision on application for short‑term permission to recover petroleum at non‑approved rate","content":"65  Decision on application for short‑term permission to recover petroleum at non‑approved rate\n\n (1) As soon as practicable after the Titles Administrator receives an application from a petroleum production licensee under section 64, the Titles Administrator must:\n\n (a) consult the Joint Authority on the appropriateness or otherwise of approving the application; and\n\n (b) do one of the following:\n\n (i) grant the permission sought in the application;\n\n (ii) grant the permission, subject to such conditions as the Titles Administrator considers appropriate;\n\n (iii) refuse to grant the permission;\n\n (iv) request that the licensee provide further written information in order for the Titles Administrator to make a decision mentioned in subparagraph (i), (ii) or (iii) of this paragraph.\n\n (2) A request under subparagraph (1)(b)(iv) must:\n\n (b) specify each matter for which further information is requested; and\n\n (c) specify a period of at least 14 days, starting on the day the request is given to the licensee, within which the information must be provided.\n\n (3) After receiving the information specified in a request under subparagraph (1)(b)(iv), the Titles Administrator must, as soon as practicable, do one of the things set out in paragraph (1)(b) in respect of the application.\n\n (4) The Titles Administrator must notify the licensee, in writing, of the following matters as soon as practicable after making a decision to approve or reject an application:\n\n (a) the terms of the decision;\n\n (b) if the Titles Administrator decides to grant the permission subject to one or more conditions—the conditions and the reasons for the decision;\n\n (c) if the Titles Administrator decides to refuse to grant the permission—the reasons for the decision.\n\nPermission period\n\n (5) Subject to subsections (6) and (7), if the Titles Administrator grants the permission, the maximum period for which the Titles Administrator may grant the permission is 6 months from the date of the Titles Administrator’s decision.\n\n (6) The Titles Administrator may:\n\n (a) on written application by the licensee; and\n\n (b) after consulting the Joint Authority on the appropriateness or otherwise of granting an extension;\n\nextend the period of the permission by a maximum of 6 months.\n\n (7) The Titles Administrator may grant an extension under subsection (6) more than once, but the total period of all extensions must not exceed 18 months.\n\n","sortOrder":75},{"sectionNumber":"66","sectionType":"section","heading":"Approval of equipment and procedures to determine rates of recovery of petroleum","content":"66  Approval of equipment and procedures to determine rates of recovery of petroleum\n\n (1) A petroleum production licensee may apply to the Titles Administrator for approval by the Joint Authority of the equipment and procedures used to determine the quantity and composition of petroleum and water recovered from one or more petroleum pools.\n\nNote: An application for a recovery rate approval under section 60 must include evidence that either:\n\n(a) the equipment and procedures used to determine the quantity and composition of petroleum and water have been approved under this section; or\n\n(b) the equipment that will be used to determine the quantity of petroleum recovered from the pool or pools has been approved under section 13 of the Royalty Act.\n\n (b) include a description of the equipment and procedures that the petroleum production licensee intends to use to determine the quantity and composition of petroleum and water recovered from each petroleum pool covered by the application.\n\n (3) The Joint Authority must:\n\n (a) approve the equipment and procedures; or\n\n (b) refuse to approve the equipment and procedures.\n\n (4) The Titles Administrator must notify the petroleum production licensee, in writing, of the following matters as soon as practicable after the Joint Authority has made a decision to approve or not approve the equipment and procedures:\n\n (b) if the Joint Authority refuses to approve the equipment and procedures—the reasons for the decision.\n\nAmendment of application\n\n (5) At any time before the Joint Authority makes a decision on an application under subsection (3), the applicant may amend and resubmit the application in accordance with subsection (2).\n\n (6) If the petroleum production licensee amends and resubmits the application under subsection (5), a reference in this section to the application is a reference to the application as amended.\n\n","sortOrder":76},{"sectionNumber":"Div 8","sectionType":"division","heading":"Requirement to give notice of significant events","content":"Division 8—Requirement to give notice of significant events\n\n","sortOrder":77},{"sectionNumber":"67","sectionType":"section","heading":"Meaning of significant event","content":"67  Meaning of significant event\n\n  A significant event in, or in relation to, a licence area means any of the following:\n\n (a) a change in the understanding of the characteristics of the geology or reservoir that may have a significant impact on the optimum recovery of petroleum from the licence area;\n\n (b) a new or increased risk to the recovery of petroleum within the licence area;\n\n (c) a new or increased risk to the recovery of petroleum outside the licence area caused by the development of pools in the licence area;\n\n (d) a new or increased risk of activities in the licence area causing effects outside the licence area (for example aquifer depletion caused by hydrocarbon extraction);\n\n (e) a change to the proposed option for development of pools in the licence area, including any tie‑in opportunity with nearby licence areas.\n\n","sortOrder":78},{"sectionNumber":"68","sectionType":"section","heading":"Requirement to give notice of significant event","content":"68  Requirement to give notice of significant event\n\n (1) A petroleum production licensee contravenes this subsection if:\n\n (a) a significant event occurs in, or in relation to, the licence area; and\n\n (b) the licensee becomes aware of the significant event; and\n\n (c) the licensee does not give a written notice, in accordance with subsection (2), of the significant event to the Titles Administrator within 7 days after becoming aware of the event.\n\n (2) For the purposes of paragraph (1)(c), the notice must include the following information:\n\n (a) all the material facts and circumstances about the significant event that the licensee is aware of or is able, by reasonable search and inquiry, to find out, including:\n\n (i) when the event occurred or was first detected; and\n\n (ii) the implications of the event for the reservoir and the optimum long‑term recovery of petroleum;\n\n (b) a description of any action taken, or proposed to be taken, in response to the significant event.\n\n (3) The notice may include any other facts the licensee considers relevant.\n\n (4) A petroleum production licensee commits an offence of strict liability if the licensee contravenes subsection (1).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (5) A petroleum production licensee is liable to a civil penalty if the licensee contravenes subsection (1).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":79},{"sectionNumber":"Part 5","sectionType":"part","heading":"Well integrity","content":"Part 5—Well integrity\n\n","sortOrder":80},{"sectionNumber":"69","sectionType":"section","heading":"Simplified outline of this Part","content":"69  Simplified outline of this Part\n\nThis Part regulates how certain titleholders are to manage the integrity of wells.\n\nThe main rules are that:\n\n (a) before a titleholder carries out a well activity, the titleholder must have a well operations management plan in force that covers the well and well activity; and\n\n (b) the titleholder must carry out the well activity in accordance with the plan; and\n\n (c) the titleholder must carry out any well activity that is required by the plan.\n\nThis Part sets out the following matters in relation to well operations management plans:\n\n (a) how a titleholder may apply to NOPSEMA for acceptance of a plan;\n\n (b) how NOPSEMA is to decide on whether to accept a plan;\n\n (c) what matters must be included in a plan;\n\n (d) when a plan must be revised by a titleholder;\n\n (e) when NOPSEMA may withdraw its acceptance of a plan.\n\nUnder this Part, a titleholder must also:\n\n (a) provide annual well integrity reports to NOPSEMA; and\n\n (b) notify NOPSEMA before the titleholder carries out certain well activities; and\n\n (c) notify NOPSEMA of, and give NOPSEMA reports about, certain reportable incidents in relation to wells.\n\nInformation that a titleholder gives to NOPSEMA under this Part must also be given to the Titles Administrator.\n\nThis Part also sets out how this Part applies in relation to a person who is given remedial directions under the Act.\n\n","sortOrder":81},{"sectionNumber":"70","sectionType":"section","heading":"Purpose of this Part","content":"70  Purpose of this Part\n\n  This Part is made for the purposes of subsection 782(1) and section 784 of the Act.\n\n","sortOrder":82},{"sectionNumber":"71","sectionType":"section","heading":"Application","content":"71  Application\n\n (1) This Part applies to the following titleholders:\n\n (c) a petroleum production licensee;\n\n (d) an infrastructure licensee;\n\n (e) a greenhouse gas assessment permittee;\n\n (f) a greenhouse gas holding lessee;\n\n (g) a greenhouse gas injection licensee.\n\n (2) This Part does not apply in relation to a well that is drilled for the purpose of geotechnical drilling or construction of a facility.\n\n","sortOrder":83},{"sectionNumber":"72","sectionType":"section","heading":"Definitions","content":"72  Definitions\n\nwell has a meaning affected by section 74.\n\nwell activity means an activity relating to a well that is carried out during the life of the well.\n\nNote: See also section 75 (well activity taken to occur if well is not operational).\n\n","sortOrder":84},{"sectionNumber":"73","sectionType":"section","heading":"When a well operations management plan is in force","content":"73  When a well operations management plan is in force\n\n (1) A well operations management plan (including a revised plan required under Division 4) is in force if:\n\n (a) the plan has been accepted by NOPSEMA under Division 3; and\n\n (b) the acceptance of the plan has not been withdrawn by NOPSEMA under Division 5; and\n\n (c) the plan has not ceased to be in force under subsection (2).\n\n (2) A well operations management plan ceases to be in force under this subsection if:\n\n (a) the titleholder permanently abandons the well or wells covered by the plan; and\n\n (b) the titleholder gives NOPSEMA a written report of:\n\n (i) the process that was carried out in abandoning the well or wells; and\n\n (ii) the outcome of that process; and\n\n (c) NOPSEMA notifies the titleholder in writing that NOPSEMA is reasonably satisfied that the process of abandoning the well or wells has been carried out in accordance with the well operations management plan.\n\n (3) For the purposes of subsection (1), if a well operations management plan (including a revised plan required under Division 4) has been accepted in part by NOPSEMA under Division 3, the plan is taken to include only that part accepted by NOPSEMA.\n\n","sortOrder":85},{"sectionNumber":"74","sectionType":"section","heading":"Well includes associated well‑related equipment","content":"74  Well includes associated well‑related equipment\n\n  In this Part, a reference to a well includes a reference to the well‑related equipment associated with the well.\n\nNote: For the definitions of well and well‑related equipment, see section 7 of the Act.\n\n","sortOrder":86},{"sectionNumber":"75","sectionType":"section","heading":"Well activity taken to occur if well is not operational","content":"75  Well activity taken to occur if well is not operational\n\n  If there is a well in a title area that is not operational (but not permanently abandoned), the titleholder is taken for the purpose of this instrument to be carrying out a well activity in relation to the well.\n\nNote 1: See also sections 76 (requirement to have well operations management plan in force) and 77 (well activity must be carried out in accordance with well operations management plan).\n\nNote 2: The withdrawal of an acceptance of a well operations management plan does not affect a well that is not operational: see section 94.\n\nDivision 2—Well operations management plan requirements\n\n","sortOrder":87},{"sectionNumber":"76","sectionType":"section","heading":"Requirement to have well operations management plan in force","content":"76  Requirement to have well operations management plan in force\n\n (a) the titleholder carries out a well activity relating to a well; and\n\n (b) there is no well operations management plan in force that covers the well and well activity.\n\nNote 1: NOPSEMA may give directions to titleholders that may relate to a well activity and must be complied with despite anything in this instrument: see sections 574, 576B and 579A of the Act.\n\nNote 2: NOPSEMA and the responsible Commonwealth Minister may also give remedial directions about plugging or closing off wells: see sections 586, 587, 591B and 594A (NOPSEMA directions) and sections 586A, 587A, 592 and 595 (responsible Commonwealth Minister directions) of the Act.\n\n","sortOrder":88},{"sectionNumber":"77","sectionType":"section","heading":"Requirement to carry out well activities in accordance with well operations management plan etc.","content":"77  Requirement to carry out well activities in accordance with well operations management plan etc.\n\nRequirement to carry out well activities in accordance with well operations management plan\n\n (a) the titleholder carries out a well activity, in relation to a well, in a particular way; and\n\n (b) a well operations management plan is in force for the well that:\n\n (i) specifies a requirement that applies in relation to the activity; or\n\n (ii) is subject to a condition that applies in relation to the activity; and\n\n (c) the titleholder does not carry out the activity in accordance with that requirement or condition; and\n\n (d) before the titleholder begins carrying out the activity, NOPSEMA has not consented under subsection (2) to the titleholder carrying out the activity in that particular way.\n\n (2) For the purposes of paragraph (1)(d), NOPSEMA may consent, in writing, to a titleholder carrying out a well activity in a particular way if:\n\n (a) the titleholder has requested, in writing, NOPSEMA’s consent to carry out the activity in that way; and\n\n (b) NOPSEMA reasonably believes, on the basis of information in the request and any other information NOPSEMA considers relevant, that carrying out the activity in that way will not result in the integrity of the well becoming subject to a significant new risk or a significantly increased risk.\n\nRequirement to carry out well activities specified in well operations management plan\n\n (3) A titleholder contravenes this subsection if:\n\n (a) a well operations management plan that is in force for a well requires the titleholder to carry out a well activity in relation to the well; and\n\n (b) the titleholder does not carry out the well activity.\n\nNote 1: NOPSEMA may give directions to titleholders that may relate to a well activity and must be complied with despite anything in this instrument: see sections 574, 576B and 579A of the Act.\n\nNote 2: NOPSEMA and the responsible Commonwealth Minister may also give remedial directions about plugging or closing off wells: see sections 586, 587, 591B and 594A (NOPSEMA directions) and sections 586A, 587A, 592 and 595 (responsible Commonwealth Minister directions) of the Act.\n\n (4) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1) or (3).\n\nCivil penalty\n\n (5) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1) or (3).\n\nDivision 3—Obtaining acceptance of well operations management plan\n\n","sortOrder":89},{"sectionNumber":"78","sectionType":"section","heading":"Application for acceptance of well operations management plan","content":"78  Application for acceptance of well operations management plan\n\n (1) A titleholder may apply to NOPSEMA for acceptance by NOPSEMA of a well operations management plan.\n\n (2) The application must be made at least 30 days, or such lesser number of days approved by NOPSEMA in writing, before the proposed start of the first well activity to which the plan would apply.\n\n (3) The well operations management plan:\n\n (a) must be submitted with the application; and\n\n (b) must be in writing; and\n\n (c) may apply to more than one well if the integrity of each well is subject to similar risks; and\n\n (d) with the written approval of NOPSEMA—may be submitted in part.\n\nNote: For the purposes of paragraph (3)(d), the titleholder may, for example, submit a plan that:\n\n(a) is proposed to apply to only some of the well activities the titleholder intends to carry out during the life of the well; or\n\n(b) applies to certain stages of well activities to which the plan is proposed to apply.\n\n","sortOrder":90},{"sectionNumber":"79","sectionType":"section","heading":"Decision on well operations management plan","content":"79  Decision on well operations management plan\n\nInitial consideration\n\n (1) Within 30 days after a titleholder applies to NOPSEMA under section 78 for acceptance of a well operations management plan, NOPSEMA must:\n\n (a) if NOPSEMA is reasonably satisfied that the plan meets the criteria in section 81—accept the plan; or\n\n (b) if NOPSEMA is not reasonably satisfied that the plan meets those criteria—give the titleholder written notice under subsection (2) of this section; or\n\n (c) if NOPSEMA is unable to make a decision on the plan within the 30 day period—give the titleholder written notice of that fact and a proposed timetable for NOPSEMA’s consideration of the plan.\n\nNotice that titleholder must resubmit plan\n\n (2) A notice under this subsection must:\n\n (a) state that NOPSEMA is not reasonably satisfied that the well operations management plan submitted or resubmitted by the titleholder meets the criteria in section 81; and\n\n (b) identify the criteria about which NOPSEMA is not so satisfied; and\n\n (c) specify a day by which the titleholder may modify and resubmit the plan.\n\n (3) The day specified under paragraph (2)(c) must give the titleholder a reasonable opportunity to modify and resubmit the plan.\n\nConsideration after opportunity for resubmission\n\n (4) Within 30 days after the titleholder has resubmitted a modified well operations management plan (the resubmitted plan):\n\n (a) if NOPSEMA is reasonably satisfied that the resubmitted plan meets the criteria in section 81—NOPSEMA must accept the resubmitted plan; or\n\n (b) if NOPSEMA is still not reasonably satisfied that the resubmitted plan meets those criteria—NOPSEMA must:\n\n (i) give the titleholder a further notice under subsection (2) of this section; or\n\n (ii) refuse to accept the resubmitted plan; or\n\n (iii) accept the resubmitted plan, subject to such conditions as NOPSEMA considers appropriate; or\n\n (iv) accept the resubmitted plan in part, subject to such conditions (if any) as NOPSEMA considers appropriate; or\n\n (c) if NOPSEMA is unable to make a decision on the resubmitted plan within the 30 day period—NOPSEMA must give the titleholder written notice of that fact and a proposed timetable for NOPSEMA’s consideration of the resubmitted plan.\n\nNote: For the purposes of subparagraph (b)(iv), NOPSEMA may accept the plan as applying only to certain well activities or certain stages of well activities.\n\nNOPSEMA decision where titleholder fails to resubmit modified plan\n\n (5) If the titleholder does not resubmit a modified well operations management plan by the day referred to in paragraph (2)(c), or a later day agreed to by NOPSEMA in writing, NOPSEMA must:\n\n (a) refuse to accept the plan that was submitted by the titleholder under section 78 (the unmodified plan); or\n\n (b) accept the unmodified plan, subject to such conditions as NOPSEMA considers appropriate; or\n\n (c) accept the unmodified plan in part, subject to such conditions (if any) as NOPSEMA considers appropriate.\n\nNote: For the purposes of paragraph (c), NOPSEMA may accept the plan as applying only to certain well activities or certain stages of well activities.\n\n (6) NOPSEMA must give a titleholder written notice of the following decisions made by NOPSEMA in relation to a well operations management plan submitted by the titleholder:\n\n (a) a decision under paragraph (1)(a) or (4)(a) to accept the plan;\n\n (b) a decision under subparagraph (4)(b)(ii) or paragraph (5)(a) to refuse to accept the plan;\n\n (c) a decision under subparagraph (4)(b)(iii) or paragraph (5)(b) to accept the plan subject to conditions;\n\n (d) a decision under subparagraph (4)(b)(iv) or paragraph (5)(c) to accept the plan in part (including subject to conditions).\n\n (7) The notice must set out:\n\n (a) for a decision mentioned in paragraph (6)(b)—the reasons for the decision; or\n\n (b) for a decision mentioned in paragraph (6)(c) or (d):\n\n (i) the reasons for the decision; and\n\n (ii) the terms of the decision.\n\nValidity of decision\n\n (8) A decision by NOPSEMA under subsection (1) or (4) is not invalid merely because NOPSEMA did not comply with the 30 day period mentioned in subsection (1) or (4).\n\n","sortOrder":91},{"sectionNumber":"80","sectionType":"section","heading":"Further information about submitted plan","content":"80  Further information about submitted plan\n\n (1) If a titleholder submits a well operations management plan under section 78, or resubmits a plan in response to a notice under subsection 79(2), NOPSEMA may request the titleholder to provide further written information about any matter that is required under section 82 to be included in a well operations management plan.\n\n (c) specify a reasonable period within which the information must be provided.\n\n (3) If a titleholder receives a request and provides the information requested by NOPSEMA within the period specified, or within a longer period agreed to by NOPSEMA in writing, the information is taken to have been included in the submitted or resubmitted well operations management plan.\n\n","sortOrder":92},{"sectionNumber":"81","sectionType":"section","heading":"Criteria for acceptance of well operations management plan","content":"81  Criteria for acceptance of well operations management plan\n\n  For the purposes of section 79, the criteria for acceptance of a well operations management plan for a well are as follows:\n\n (a) that the plan includes all the matters mentioned in subsections 82(3) to (10) (subject to subsection 82(2));\n\n (b) if the plan covers more than one well:\n\n (i) that the risks to the integrity of each well are similar; and\n\n (ii) that the kinds of monitoring processes and control measures that will be implemented for each well are similar;\n\n (c) that the plan is appropriate to:\n\n (i) the nature and scale of the well; and\n\n (ii) the well activities, relating to the well, covered by the plan;\n\n (d) that the plan demonstrates how the risks to the integrity of each well covered by the plan will be reduced to as low as reasonably practicable and an acceptable level;\n\n (e) that the well integrity standards, control measures and acceptance criteria included in the plan are appropriate.\n\n","sortOrder":93},{"sectionNumber":"82","sectionType":"section","heading":"Contents of well operations management plan","content":"82  Contents of well operations management plan\n\nGeneral requirements\n\n (1) Subject to subsection (2), a well operations management plan must include the matters set out in subsections (3) to (10) for each well covered by the plan.\n\n (2) NOPSEMA may give a titleholder written permission not to include matters in a well operations management plan if those matters are regulated in the title.\n\nDescription of well and well activities covered by the plan\n\n (3) A well operations management plan must include:\n\n (a) a description of the well, and the well activities relating to the well, covered by the plan; and\n\n (b) a timetable for carrying out and completing the well activities.\n\nWell integrity risks and risk management processes\n\n (4) A well operations management plan must include:\n\n (a) a description of the management system used to:\n\n (i) identify and assess risks to the integrity of the well; and\n\n (ii) ensure the effectiveness of the proposed control measures that will be in place to ensure that risks to the integrity of the well will be reduced to as low as reasonably practicable throughout the life of the well; and\n\n (b) a description and explanation of the concepts considered in relation to the well and how the concept selected for progression will reduce risks to the integrity of the well to as low as reasonably practicable and an acceptable level; and\n\n (c) a description and explanation of the design, construction, operation and management of the well, and conduct of well activities, showing how risks to the integrity of the well will be reduced to as low as reasonably practicable and an acceptable level.\n\nWell integrity standards, control measures, performance standards and acceptance criteria\n\n (5) A well operations management plan must include the following matters:\n\n (a) a description of the well integrity standards against which the performance of the titleholder in maintaining the integrity of the well is to be measured;\n\n (b) a description of the control measures that will be in place to ensure that risks to the integrity of the well will be reduced to as low as reasonably practicable throughout the life of the well, including periods when the well is not operational but has not been permanently abandoned;\n\n (c) a description of the performance standards for the control measures mentioned in paragraph (b);\n\n (d) the acceptance criteria that will be used to determine whether the following are being met and maintained:\n\n (i) the well integrity standards mentioned in paragraph (a);\n\n (ii) the performance standards mentioned in paragraph (c).\n\nMonitoring, auditing and assurance processes\n\n (6) A well operations management plan must include a description of the monitoring, audit and well integrity assurance processes that will be implemented to ensure the well integrity standards mentioned in paragraph (5)(a) are being met throughout the life of the well, including periods when the well is not operational but has not been permanently abandoned.\n\nResponsibilities of employees and contractors\n\n (7) A well operations management plan must include:\n\n (a) a description of the roles and responsibilities of employees, contractors and service providers in relation to the integrity of the well; and\n\n (b) a description of the measures that will be used to ensure that employees, contractors and service providers carrying out well activities:\n\n (i) are aware of their responsibilities in relation to the maintenance of the integrity of the well; and\n\n (ii) have appropriate competencies and training.\n\nMatters related to surrender of title\n\n (8) A well operations management plan must include a description of the processes and arrangements that the titleholder will follow if the title is surrendered to ensure:\n\n (a) if the titleholder is a petroleum exploration permittee, a petroleum retention lessee, a petroleum production licensee or an infrastructure licensee—that the titleholder will, to the satisfaction of NOPSEMA:\n\n (i) plug or close off the well; and\n\n (ii) provide for the conservation and protection of the natural resources in the strata intersected by the well; or\n\n (b) if the titleholder is a greenhouse gas assessment permittee, a greenhouse gas holding lessee or a greenhouse gas injection licensee—that the titleholder will, to the satisfaction of the responsible Commonwealth Minister:\n\n (i) plug or close off the well; and\n\n (ii) provide for the conservation and protection of the natural resources in the strata intersected by the well.\n\nNote 1: Under section 270 of the Act, the Joint Authority may consent to the surrender of certain titles only if the titleholder has, to the satisfaction of NOPSEMA, done certain things (including plugging or closing off wells and providing for the conservation and protection of natural resources).\n\nNote 2: Under section 442 of the Act, the responsible Commonwealth Minister may consent to the surrender of a greenhouse gas title only if the titleholder has, to the Minister’s satisfaction, done certain things (including plugging or closing off wells and providing for the conservation and protection of natural resources).\n\nSuspension and permanent abandonment\n\n (9) A well operations management plan must include a description of the arrangements that will be in place for suspension and permanent abandonment of the well, showing the following:\n\n (a) how, during the process of suspending or abandoning the well, risks to the integrity of the well will be reduced to as low as reasonably practicable;\n\n (b) how the actions taken during that process will ensure that the integrity of the well is maintained while the well is suspended or abandoned;\n\n (c) if the titleholder is a petroleum exploration permittee, a petroleum retention lessee or an infrastructure licensee—how the titleholder will, in the process of suspending or abandoning the well:\n\n (i) comply with the applicable requirements under subsection 569(1) of the Act (about work practices) to which the titleholder is subject; and\n\n (ii) satisfy paragraphs 270(3)(d), (e) and (f) of the Act (about consent to surrender a title);\n\n (d) if the titleholder is a petroleum production licensee—how the titleholder will, in the process of suspending or abandoning the well:\n\n (i) comply with the applicable requirements under subsections 569(1) and 570(1) of the Act (about work practices) to which the titleholder is subject; and\n\n (ii) satisfy paragraphs 270(3)(d), (e) and (f) of the Act (about consent to surrender a title);\n\n (e) if the titleholder is a greenhouse gas assessment permittee, a greenhouse gas holding lessee or a greenhouse gas injection licensee—how the titleholder will, in the process of suspending or abandoning the well:\n\n (i) comply with the applicable requirements under subsection 570(1) of the Act (about work practices) to which the titleholder is subject; and\n\n (ii) satisfy paragraphs 442(3)(d), (e) and (f) of the Act (about consent to surrender a title).\n\nMeasures and arrangements that will be used if there is a loss of well integrity\n\n (10) A well operations management plan must include a description of the measures and arrangements that will be used to regain control of the well if there is a loss of integrity.\n\nOther matters\n\n (11) A well operations management plan may include any other information that the titleholder believes is relevant.\n\nDivision 4—Revision of well operations management plan\n\n","sortOrder":94},{"sectionNumber":"83","sectionType":"section","heading":"Revision based on certain circumstances","content":"83  Revision based on certain circumstances\n\nRevision before start of new well activities\n\n (1) A titleholder must submit to NOPSEMA a proposed revision of the well operations management plan that is in force for a well before carrying out a well activity, in relation to the well, if the plan does not cover the well activity.\n\nNote 1: A titleholder contravenes subsection 76(1) if the titleholder carries out a well activity and there is no well operations management plan in force that covers the well and well activity.\n\nNote 2: A plan may have originally been submitted in part or only accepted in part: see sections 78 and 79.\n\nRevision before significant change to management of well integrity risks\n\n (a) the titleholder makes a significant change to the manner in which risks to the integrity of a well are reduced to as low as reasonably practicable; and\n\n (b) before making that change, the titleholder did not submit to NOPSEMA a proposed revision of the well operations management plan that is in force for the well that provides for the significant change.\n\nNote: The titleholder must carry out activities in accordance with the well operations management plan in force for the well, unless NOPSEMA has consented to the titleholder carrying out an activity in a particular way: see section 77.\n\n (3) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (4) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nRevision after new risk has arisen\n\n (5) A titleholder contravenes this subsection if:\n\n (a) the integrity of a well in the title area becomes subject to a significant new risk or a significantly increased risk; and\n\n (b) as soon as practicable after the circumstance in paragraph (a) arises, the titleholder does not submit to NOPSEMA a proposed revision of the well operations management plan that is in force for the well that addresses the risk.\n\n (6) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (5).\n\n (7) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (5).\n\n","sortOrder":95},{"sectionNumber":"84","sectionType":"section","heading":"Revision based on directions","content":"84  Revision based on directions\n\nRevision if direction is inconsistent with well operations management plan\n\n (a) either or both of the following apply:\n\n (i) NOPSEMA gives the titleholder a direction under section 574, 576B, 579A, 586 or 591B of the Act that is inconsistent with a well operations management plan for a well in the title area;\n\n (ii) the responsible Commonwealth Minister gives the titleholder a direction under section 586A or 592 of the Act that is inconsistent with a well operations management plan for a well in the title area; and\n\n (b) the titleholder does not, as soon as reasonably practicable after receiving the direction, submit to NOPSEMA a proposed revision of the plan for the purposes of removing the inconsistency.\n\nNote: To be accepted, the proposed revision must be consistent with the direction: see subsection 89(2).\n\n","sortOrder":96},{"sectionNumber":"85","sectionType":"section","heading":"Revision required by NOPSEMA","content":"85  Revision required by NOPSEMA\n\nNOPSEMA may require revision\n\n (1) NOPSEMA may give a titleholder a written notice requiring the titleholder to submit a proposed revision of a well operations management plan that is in force for a well in the title area if NOPSEMA considers that the plan no longer meets the criteria in section 81.\n\n (2) The notice must set out the following:\n\n (a) the matters to be addressed by the revision;\n\n (b) the reasons for requiring the revision;\n\n (c) the period within which the titleholder must submit the revision;\n\n (d) the effect of section 86.\n\n (3) Subject to section 86, the titleholder must submit the proposed revision of the well operations management plan within the period specified in the notice.\n\nNote: NOPSEMA may vary the notice to specify a longer period under section 86.\n\nTime does not run while objection subject to consideration\n\n (4) If a titleholder gives an objection to NOPSEMA under section 86, a day is not to be counted for the purposes of subsection (3) of this section if it is:\n\n (a) on or after the day the titleholder gave the objection; and\n\n (b) on or before the day on which NOPSEMA decides whether to accept or reject the objection.\n\n (5) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (3).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (6) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (3).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":97},{"sectionNumber":"86","sectionType":"section","heading":"Revision required by NOPSEMA—objection to requirement","content":"86  Revision required by NOPSEMA—objection to requirement\n\n (1) If NOPSEMA gives a titleholder a notice under section 85, the titleholder may give an objection, in writing, to NOPSEMA:\n\n (a) stating one or more of the following:\n\n (i) that the revision is not required;\n\n (ii) that the revision should not address the matters set out in the notice or should address different matters;\n\n (iii) that the period within which the titleholder must submit a revision should be a longer period than that specified in the notice; and\n\n (b) giving reasons for the objection.\n\n (2) The titleholder must give the objection to NOPSEMA within:\n\n (a) 21 days after receiving the notice; or\n\n (b) if NOPSEMA, in writing, agrees to a longer period within which the objection must be given—that period.\n\n (3) NOPSEMA must, within 30 days after receiving the objection, decide whether to accept or reject the objection.\n\n (4) NOPSEMA must notify the titleholder, in writing, of the following matters as soon as practicable after making a decision:\n\n (a) the terms of the decision, including:\n\n (i) whether the notice given under section 85 is varied or withdrawn; and\n\n (ii) if that notice is varied—the new requirements;\n\n (b) if the decision is to reject the objection—the reasons for the decision.\n\n","sortOrder":98},{"sectionNumber":"87","sectionType":"section","heading":"Revision at end of each 5 year period","content":"87  Revision at end of each 5 year period\n\n (1) A titleholder contravenes this subsection if the titleholder does not submit to NOPSEMA a proposed revision of a well operations management plan that is in force for a well in the title area at least 14 days before the end of the period of 5 years that begins on the later of the following days:\n\n (a) the day NOPSEMA first accepts the plan;\n\n (b) the day NOPSEMA accepts the latest proposed revision of the plan submitted under this section;\n\n (c) if NOPSEMA gives a notice to the titleholder under subsection (2)—the day specified in the notice.\n\n (2) For the purposes of paragraph (1)(c), if NOPSEMA accepts a proposed revision of a well operations management plan that was submitted by a titleholder under section 83, 84 or 85, NOPSEMA may, by written notice given to the titleholder, notify the titleholder that the period of 5 years mentioned in subsection (1) begins on the day specified in the notice.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":99},{"sectionNumber":"88","sectionType":"section","heading":"Form of proposed revision","content":"88  Form of proposed revision\n\n  A proposed revision of a well operations management plan must:\n\n (a) be in the form of a revised well operations management plan; or\n\n (b) if the titleholder and NOPSEMA agree—be in the form of a revised part of a well operations management plan.\n\n","sortOrder":100},{"sectionNumber":"89","sectionType":"section","heading":"Application of Division 3 to revised well operations management plan","content":"89  Application of Division 3 to revised well operations management plan\n\n (1) If a titleholder is required to submit a proposed revision of a well operations management plan to NOPSEMA under this Division, sections 79, 80, 81 and 82 apply to the proposed revision as if:\n\n (a) a reference in those sections to submitting, accepting or refusing to accept a well operations management plan were a reference to submitting, accepting or refusing to accept the proposed revision; and\n\n (b) any other reference in those sections to the well operations management plan were a reference to the plan as revised by the proposed revision.\n\nNote: Sections 79, 80, 81 and 82 deal with the consideration and acceptance of a well operations management plan.\n\n (2) If the proposed revision is required under section 84, section 81 applies as if a criterion for the acceptance of the proposed revision is that the proposed revision is consistent with the direction mentioned in section 84.\n\nNote: Section 84 requires a titleholder to submit a proposed revision of a well operations management plan if NOPSEMA or the responsible Commonwealth Minister gives the titleholder a direction which is inconsistent with the plan.\n\n","sortOrder":101},{"sectionNumber":"90","sectionType":"section","heading":"Effect of non‑acceptance of proposed revision","content":"90  Effect of non‑acceptance of proposed revision\n\n  If a proposed revision of a well operations management plan is not accepted by NOPSEMA, the plan that was in force before the proposed revision was submitted remains in force, subject to the Act and this Part, as if the revision had not been proposed.\n\nDivision 5—Withdrawal of acceptance of well operations management plan\n\n","sortOrder":102},{"sectionNumber":"91","sectionType":"section","heading":"Withdrawal of acceptance","content":"91  Withdrawal of acceptance\n\n  NOPSEMA may withdraw its acceptance of a titleholder’s well operations management plan if:\n\n (a) the titleholder has not complied with any of the following:\n\n (i) a provision of the Act;\n\n (ii) a provision of this instrument;\n\n (iii) a direction given to the titleholder under section 574, 576B, 579A, 586, 586A, 591B or 592 of the Act;\n\n (iv) a requirement of the well operations management plan;\n\n (v) a condition to which NOPSEMA’s acceptance of the plan was made subject under section 79; or\n\n (b) NOPSEMA is satisfied for any other reason that its acceptance of the well operations management plan should be withdrawn.\n\n","sortOrder":103},{"sectionNumber":"92","sectionType":"section","heading":"Notice of proposal to withdraw acceptance","content":"92  Notice of proposal to withdraw acceptance\n\n (1) NOPSEMA must not withdraw its acceptance of a titleholder’s well operations management plan under section 91 unless NOPSEMA:\n\n (a) has notified the titleholder in writing that NOPSEMA is proposing to withdraw the acceptance; and\n\n (b) has included in the notice:\n\n (i) the reasons for the proposed withdrawal; and\n\n (ii) a day by which the titleholder must give any submissions to NOPSEMA in relation to the proposed withdrawal; and\n\n (iii) any other information that NOPSEMA considers appropriate; and\n\n (c) has had regard to any submissions given to NOPSEMA by the titleholder in accordance with subparagraph (b)(ii).\n\n (2) The day specified under subparagraph (1)(b)(ii) must be at least 30 days after the day the notice is given.\n\n (3) NOPSEMA may give a copy of the notice to a person other than the titleholder if NOPSEMA considers it appropriate.\n\n","sortOrder":104},{"sectionNumber":"93","sectionType":"section","heading":"Decision on proposal to withdraw acceptance","content":"93  Decision on proposal to withdraw acceptance\n\n (1) If NOPSEMA notifies a titleholder under subsection 92(1), NOPSEMA must, as soon as practicable after the day specified in the notice:\n\n (a) decide to withdraw its acceptance of the well operations management plan under section 91; or\n\n (b) decide not to withdraw its acceptance.\n\n (2) As soon as practicable after making a decision under subsection (1), NOPSEMA must notify the titleholder, in writing, of:\n\n (a) the decision; and\n\n (b) if the decision is to withdraw its acceptance of the well operations management plan—the reasons for the decision.\n\n","sortOrder":105},{"sectionNumber":"94","sectionType":"section","heading":"Withdrawal does not affect well that is not operational","content":"94  Withdrawal does not affect well that is not operational\n\n  A decision by NOPSEMA to withdraw its acceptance of a well operations management plan has no effect in relation to a well that is not operational at the time of the decision, to the extent that the plan deals with the period that the well is not operational.\n\nNote: For the purposes of this instrument, a titleholder is taken to be carrying out a well activity in relation to a well if the well is not operational (but not permanently abandoned): see section 75.\n\n","sortOrder":106},{"sectionNumber":"95","sectionType":"section","heading":"Relationship between withdrawal and other provisions","content":"95  Relationship between withdrawal and other provisions\n\n (1) NOPSEMA may withdraw its acceptance of a well operations management plan for the titleholder, even if either or both of the following apply:\n\n (a) the titleholder has been convicted of an offence because of a failure to comply with a provision of the Act, this instrument or any other regulations made under the Act;\n\n (b) the titleholder has been found liable to a civil penalty because of a failure to comply with a provision of the Act, this instrument or any other regulations made under the Act.\n\n (2) If NOPSEMA withdraws its acceptance of a well operations management plan, the withdrawal does not prevent either or both of the following:\n\n (a) the titleholder being convicted of an offence because of a failure to comply with a provision of the Act, this instrument or any other regulations made under the Act;\n\n (b) the titleholder being found liable to a civil penalty because of a failure to comply with a provision of the Act, this instrument or any other regulations made under the Act.\n\nDivision 6—Annual well integrity reports and information about particular well activities\n\n","sortOrder":107},{"sectionNumber":"96","sectionType":"section","heading":"Annual well integrity report","content":"96  Annual well integrity report\n\n (1) This section applies to a titleholder if there is a well operations management plan that is in force for a well in the title area at the end of any of the following periods:\n\n (a) the period of 12 months beginning on the day that NOPSEMA accepted the plan under section 79;\n\n (b) each subsequent period of 12 months.\n\n (2) The titleholder must submit a written report (an annual well integrity report) for the 12 month period, that includes the information specified in subsection (3), within 14 days after the end of the period.\n\n (3) For the purposes of subsection (2), the annual well integrity report must include the following information for each well covered by the well operations management plan:\n\n (a) the operational status of the well during the period;\n\n (b) a summary of the well integrity tests conducted for the well during the period and the results of those tests;\n\n (c) a summary of the well maintenance activities carried out in relation to the well during the period;\n\n (d) if the well did not meet the performance standards in the plan at any time during the period—the date when the well ceased meeting those standards and either:\n\n (i) if the well resumed meeting those standards during the period—the date when the well resumed meeting those standards and a description of the control measures that have been implemented for the well; or\n\n (ii) if the well did not resume meeting those standards during the period—an estimate of when the well will resume meeting those standards and a description of any temporary control measures that will be implemented for the well until those standards, or revised performance standards, are met.\n\nNote 1: A well operations management plan must include a description of the performance standards for the control measures that ensure that risks to the integrity of the well will be reduced to as low as reasonably practicable throughout the life of the well: see subsection 82(5).\n\nNote 2: In the circumstances mentioned in subparagraph (3)(d)(ii) of this section, a titleholder may be required to submit a revised well operations management plan: see section 83.\n\n (4) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (5) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":108},{"sectionNumber":"97","sectionType":"section","heading":"Well activities for which advance notice is required","content":"97  Well activities for which advance notice is required\n\nActivities that require 21 days notice\n\n (a) the titleholder starts carrying out any of the following well activities:\n\n (i) a well activity that involves drilling formation;\n\n (ii) a well activity that involves running tubular goods into a well or recovering tubular goods from a well;\n\n (iii) a well activity that involves removing a Christmas tree, tubing spool, casing spool or casing head from a well;\n\n (iv) a well activity that involves installing a Christmas tree saver for use with downhole operations or well testing;\n\n (v) a well activity that changes the performance standards or barrier elements used to maintain the integrity of a well; and\n\n (b) the titleholder did not notify NOPSEMA, in accordance with subsection (3), of the proposal to carry out the well activity at least:\n\n (i) 21 days before the start of the well activity; or\n\n (ii) a lesser number of days before the start of the well activity as agreed to by NOPSEMA.\n\nActivities requiring notice at any time before start of activity\n\n (a) the titleholder starts carrying out any of the following well activities:\n\n (i) a well activity, not covered by subsection (1), that involves perforation or tubing punching;\n\n (ii) a well activity, not covered by subsection (1), that involves installing, removing or locking open a downhole safety valve, storm choke valve, gas‑lift valve or injection valve;\n\n (iii) a well activity, not covered by subsection (1), that involves installing a Christmas tree saver for use during maintenance work on Christmas tree components; and\n\n (b) before starting to carry out the activity, the titleholder did not notify NOPSEMA, in accordance with subsection (3), of the proposal to carry out the activity.\n\nForm of notice\n\n (3) For the purposes of subsections (1) and (2), notice of a well activity must be in writing and include the following information:\n\n (a) information that identifies the well operations management plan for the well;\n\n (b) a description of the well, including the proposed or existing well name and number, the location of the well and the water depth at that location;\n\n (c) the name of the facility from which the well activity will be carried out;\n\n (d) the name of the operator of the facility;\n\n (e) a description of the well activity, including the objective, key elements, milestones and programmed depths;\n\n (f) a list of any documents that have been prepared for the management, control or operation of the well activity;\n\n (g) the timetable for carrying out and completing the well activity.\n\nNOPSEMA may request further information\n\n (4) If a titleholder notifies NOPSEMA of a well activity, NOPSEMA may request the titleholder to provide further specified written information about the well activity.\n\n (5) The request must be in writing and state:\n\n (a) that, if the titleholder has not begun the well activity, the well activity must not begin until the written information has been provided to NOPSEMA; and\n\n (b) that, if the titleholder has begun the well activity, the written information must be provided to NOPSEMA within a specified reasonable period.\n\n (6) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1) or (2).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (7) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1) or (2).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":109},{"sectionNumber":"98","sectionType":"section","heading":"Updating information given about a well activity","content":"98  Updating information given about a well activity\n\n (a) the titleholder notifies NOPSEMA under section 97 about a proposal to carry out a well activity; and\n\n (b) at a time (the trigger time) before the titleholder starts carrying out the well activity, the information in the notice is no longer accurate, in relation to a matter, in a material respect; and\n\n (c) the titleholder does not provide NOPSEMA with accurate written information in relation to that matter:\n\n (i) as soon as practicable after the trigger time; and\n\n (ii) at a time that provides NOPSEMA with a reasonable opportunity to consider the information before the commencement of the activity.\n\n (2) Subsection (1) does not apply if the reason why the information is no longer accurate is because the integrity of the well is subject to a significant new risk or a significantly increased risk.\n\nNote: A significant new risk or a significantly increased risk requires a revision of the well operations management plan for the well: see subsection 83(5).\n\n","sortOrder":110},{"sectionNumber":"99","sectionType":"section","heading":"Completion of notified well activity","content":"99  Completion of notified well activity\n\nNotice of completion of notified well activity\n\n (a) the titleholder was required to notify NOPSEMA of the proposal to carry out a well activity under section 97; and\n\n (b) the titleholder completes the well activity; and\n\n (c) the titleholder does not notify NOPSEMA of the completion:\n\n (i) in writing; and\n\n (ii) within 10 days of the completion.\n\nChange to design, construction or operation of well\n\n (a) the titleholder was required to notify NOPSEMA of the proposal to carry out a well activity under section 97; and\n\n (b) the titleholder completes the well activity; and\n\n (c) the well activity resulted in a material change to the design, construction or operation of the well; and\n\n (d) the titleholder does not give NOPSEMA a written description of the change, in writing, within 30 days of the completion.\n\n (3) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1) or (2).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (4) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1) or (2).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nDivision 7—Reportable incidents\n\n","sortOrder":111},{"sectionNumber":"100","sectionType":"section","heading":"Meaning of reportable incident","content":"100  Meaning of reportable incident\n\n  A reportable incident, in relation to a well in a title area, means any of the following:\n\n (a) a loss of integrity of the well, including a well kick, resulting in a release of more than:\n\n (i) 1 kilogram of gas; or\n\n (ii) 80 litres of liquid;\n\n (b) a failure of hydrostatic pressure at the well as a primary barrier, leading to:\n\n (i) a build‑up of pressure or a positive flow check; and\n\n (ii) the operation of a blow‑out prevention or diversion system;\n\n (c) damage to, or failure of, well‑related equipment that has led or could lead to a loss of integrity of the well;\n\n (d) damage to, or failure of, well‑related equipment that is used to monitor or verify the integrity of the well;\n\n (e) any other unplanned occurrence that requires the titleholder to implement measures or arrangements to regain control of the well.\n\n","sortOrder":112},{"sectionNumber":"101","sectionType":"section","heading":"Requirement to notify NOPSEMA about reportable incident","content":"101  Requirement to notify NOPSEMA about reportable incident\n\n (a) a reportable incident occurs in relation to a well in the title area; and\n\n (b) the titleholder does not give notice of the incident to NOPSEMA in accordance with subsection (2).\n\n (2) The notice must:\n\n (a) be given to NOPSEMA as soon as practicable after the titleholder becomes aware of the first occurrence of the reportable incident; and\n\n (b) be given in the form (if any) and manner (if any) approved, in writing, by the Chief Executive Officer of NOPSEMA; and\n\n (c) include:\n\n (i) all material facts and circumstances concerning the incident that the titleholder knows or is able, by reasonable search or inquiry, to find out; and\n\n (ii) a description of any action taken, or proposed to be taken, to stop, control or remedy the incident.\n\n (3) NOPSEMA must publish on NOPSEMA’s website:\n\n (a) a form approved by the Chief Executive Officer of NOPSEMA for the purposes of paragraph (2)(b); and\n\n (b) a copy of an instrument, made by the Chief Executive Officer of NOPSEMA, approving a manner for the purposes of paragraph (2)(b).\n\n (4) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).\n\n (5) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).\n\n","sortOrder":113},{"sectionNumber":"102","sectionType":"section","heading":"Requirement to provide written report about reportable incident","content":"102  Requirement to provide written report about reportable incident\n\n (a) a reportable incident occurs in relation to a well in the title area; and\n\n (b) the titleholder does not give a written report about the incident to NOPSEMA in accordance with subsection (2).\n\n (2) The report:\n\n (a) must be given to NOPSEMA within:\n\n (i) 3 days after the time the titleholder becomes aware of the incident; or\n\n (ii) if NOPSEMA agrees to a longer period within which the report must be provided—that period; and\n\n (b) must include:\n\n (i) all material facts and circumstances concerning the incident that the titleholder knows or is able, by reasonable search or enquiry, to find out; and\n\n (ii) details of any action taken, or proposed to be taken, to stop, control or remedy the incident; and\n\n (iii) details of any action taken, or proposed to be taken, to prevent a similar incident occurring in the future.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":114},{"sectionNumber":"103","sectionType":"section","heading":"Requirement for ongoing reporting after reportable incident","content":"103  Requirement for ongoing reporting after reportable incident\n\n (a) a titleholder has given NOPSEMA a written report (the initial report) under section 102 about a reportable incident in relation to a well; and\n\n (b) at the time that the initial report was given to NOPSEMA, the reportable incident had not been resolved.\n\nReporting requirement\n\n (2) The titleholder must, in accordance with subsection (3), give NOPSEMA a written report for each reporting period mentioned in subsection (4).\n\n (3) A report for a reporting period:\n\n (a) must be given to NOPSEMA within:\n\n (i) 3 days after the end of the reporting period; or\n\n (ii) if NOPSEMA agrees, in writing, to a longer period within which the report must be provided—that period; and\n\n (b) must include:\n\n (i) all material facts and circumstances concerning the incident that the titleholder knows or is able, by reasonable search or enquiry, to find out; and\n\n (ii) details of any action taken, or proposed to be taken, to stop, control or remedy the incident; and\n\n (iii) details of any action taken, or proposed to be taken, to prevent a similar incident occurring in the future; and\n\n (iv) details of any temporary control measures taken to minimise risks to well integrity to as low as practicable; and\n\n (v) an estimate of when the control measures set out in the well operations management plan for the well will be reinstated.\n\nReporting periods\n\n (4) For the purposes of this section, each of the following is a reporting period:\n\n (a) the period of 30 days starting on the day the initial report is given to NOPSEMA;\n\n (b) each subsequent 30 day period, if the period includes at least one day, or part of a day, on which the reportable incident had not been resolved.\n\n (5) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (6) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":115},{"sectionNumber":"104","sectionType":"section","heading":"Titleholder must retain copy of report","content":"104  Titleholder must retain copy of report\n\n (1) A titleholder must retain a copy of a written report given to NOPSEMA under section 102 or 103 for a period of 5 years after the report is given to NOPSEMA.\n\nPenalty: 30 penalty units.\n\nCivil penalty: 300 penalty units.\n\nDivision 8—Role of Titles Administrator\n\n","sortOrder":116},{"sectionNumber":"105","sectionType":"section","heading":"Titleholder must give copies of documents to Titles Administrator","content":"105  Titleholder must give copies of documents to Titles Administrator\n\n (1) If a titleholder gives a written document (however described) to NOPSEMA in compliance with this Part or a well operations management plan, the titleholder must, at the same time or as soon as practicable afterwards, also give a copy of the document to the Titles Administrator.\n\nPenalty: 30 penalty units.\n\nCivil penalty: 300 penalty units.\n\n","sortOrder":117},{"sectionNumber":"106","sectionType":"section","heading":"NOPSEMA must give copies of documents to Titles Administrator","content":"106  NOPSEMA must give copies of documents to Titles Administrator\n\n  If NOPSEMA gives a written document (however described) to a titleholder under this Part, NOPSEMA must also give a copy of the document to the Titles Administrator.\n\n","sortOrder":118},{"sectionNumber":"Div 9","sectionType":"division","heading":"Application of this Part if a remedial direction is in force","content":"Division 9—Application of this Part if a remedial direction is in force\n\n","sortOrder":119},{"sectionNumber":"107","sectionType":"section","heading":"Application of this Part if a remedial direction is in force","content":"107  Application of this Part if a remedial direction is in force\n\n (1) Subject to subsection (2), if:\n\n (a) a direction (a petroleum remedial direction) is in force under section 586, 586A, 587 or 587A of the Act; or\n\n (b) a direction (a greenhouse gas remedial direction) is in force under section 591B, 592, 594A or 595 of the Act;\n\nthen this Part applies as if:\n\n (c) a reference to a titleholder included a reference to a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction; and\n\n (d) a reference to a well activity included a reference to an activity relating to a well carried out for the purpose of complying with a petroleum remedial direction or a greenhouse gas remedial direction; and\n\n (e) if a title has ceased to be in force—a reference to a title area included a reference to the area in which activities are being carried out for the purposes of complying with a petroleum remedial direction or a greenhouse gas remedial direction.\n\n (2) Despite subsection (1), this section does not apply to the following provisions of this Part:\n\n (a) subsection 71(1);\n\n (b) the definition of well activity in section 72;\n\n (c) section 75.\n\n","sortOrder":120},{"sectionNumber":"Part 6","sectionType":"part","heading":"Authorisation of petroleum titleholders to conduct greenhouse gas exploration","content":"Part 6—Authorisation of petroleum titleholders to conduct greenhouse gas exploration\n\n \n\n","sortOrder":121},{"sectionNumber":"108","sectionType":"section","heading":"Simplified outline of this Part","content":"108  Simplified outline of this Part\n\nCertain petroleum titleholders must notify the responsible Commonwealth Minister within 7 days of the commencement of an authorised activity. A titleholder may commit an offence or be liable to a civil penalty if the titleholder does not comply with this requirement.\n\nThis Part authorises those petroleum titleholders to carry out the following authorised activities:\n\n (a) explore for potential greenhouse gas storage formations;\n\n (b) explore for potential greenhouse gas injection sites;\n\n (c) carry on such operations, and execute such works, as are necessary for those purposes.\n\n","sortOrder":122},{"sectionNumber":"109","sectionType":"section","heading":"Application of Part","content":"109  Application of Part\n\n  This Part applies to the following petroleum titleholders:\n\n (c) a petroleum production licensee.\n\n","sortOrder":123},{"sectionNumber":"110","sectionType":"section","heading":"Requirement to notify responsible Commonwealth Minister of authorised activity","content":"110  Requirement to notify responsible Commonwealth Minister of authorised activity\n\n (a) the titleholder starts carrying out an authorised activity in the title area; and\n\n (b) the titleholder does not notify the responsible Commonwealth Minister of that fact, in writing, within 7 days after the day on which the titleholder started carrying out the activity.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":124},{"sectionNumber":"111","sectionType":"section","heading":"Authorised activities—petroleum exploration permittee","content":"111  Authorised activities—petroleum exploration permittee\n\n  For the purposes of subsection 98(3) of the Act, a petroleum exploration permittee is authorised, in accordance with the conditions (if any) to which the permit is subject:\n\n (a) to explore in the permit area for a potential greenhouse gas storage formation; and\n\n (b) to explore in the permit area for a potential greenhouse gas injection site; and\n\n (c) to carry on such operations, and execute such works, in the permit area as are necessary for those purposes.\n\n","sortOrder":125},{"sectionNumber":"112","sectionType":"section","heading":"Authorised activities—petroleum retention lessee","content":"112  Authorised activities—petroleum retention lessee\n\n  For the purposes of subsection 135(3) of the Act, a petroleum retention lessee is authorised, in accordance with the conditions (if any) to which the lease is subject:\n\n (a) to explore in the lease area for a potential greenhouse gas storage formation; and\n\n (b) to explore in the lease area for a potential greenhouse gas injection site; and\n\n (c) to carry on such operations, and execute such works, in the lease area as are necessary for those purposes.\n\n","sortOrder":126},{"sectionNumber":"113","sectionType":"section","heading":"Authorised activities—petroleum production licensee","content":"113  Authorised activities—petroleum production licensee\n\n  For the purposes of subsection 161(3) of the Act, a petroleum production licensee is authorised, in accordance with the conditions (if any) to which the licence is subject:\n\n (a) to explore in the licence area for a potential greenhouse gas storage formation; and\n\n (b) to explore in the licence area for a potential greenhouse gas injection site; and\n\n (c) to carry on such operations, and execute such works, in the licence area as are necessary for those purposes.\n\n","sortOrder":127},{"sectionNumber":"Part 7","sectionType":"part","heading":"Data management—petroleum titleholders","content":"Part 7—Data management—petroleum titleholders\n\n","sortOrder":128},{"sectionNumber":"114","sectionType":"section","heading":"Simplified outline of this Part","content":"114  Simplified outline of this Part\n\nThis Part sets out requirements:\n\n (a) for and in relation to petroleum titleholders keeping accounts, records and other documents in connection with operations in an offshore area; and\n\n (b) for and in relation to petroleum titleholders collecting and retaining cores, cuttings and samples in connection with operations in an offshore area; and\n\n (c) for petroleum titleholders to give reports, cores, cuttings and samples to the Titles Administrator.\n\n","sortOrder":129},{"sectionNumber":"115","sectionType":"section","heading":"Purpose of Division","content":"115  Purpose of Division\n\n  This Division is made for the purposes of paragraph 698(1)(a) of the Act, and sets out requirements for and in relation to petroleum titleholders keeping accounts, records and other documents in connection with operations in an offshore area.\n\n","sortOrder":130},{"sectionNumber":"116","sectionType":"section","heading":"Requirement to securely retain information","content":"116  Requirement to securely retain information\n\n (1) A petroleum titleholder must:\n\n (a) securely retain any accounts, records or other documents that the titleholder keeps in connection with an operation in an offshore area; and\n\n (b) do so in such a way that makes retrieval of the accounts, records or other documents reasonably practicable.\n\n","sortOrder":131},{"sectionNumber":"117","sectionType":"section","heading":"Purpose of Division","content":"117  Purpose of Division\n\n  This Division is made for the purposes of paragraphs 698(1)(b) and (c) of the Act, and sets out requirements for and in relation to petroleum titleholders:\n\n (a) collecting and retaining cores, cuttings and samples in connection with operations in an offshore area; and\n\n (b) if cores, cutting or samples are sent outside Australia—giving certain reports, cores, cuttings or samples to the Titles Administrator.\n\n","sortOrder":132},{"sectionNumber":"118","sectionType":"section","heading":"Requirement to retain core, cutting or sample","content":"118  Requirement to retain core, cutting or sample\n\n (1) A petroleum titleholder must:\n\n (a) securely retain any core, cutting or sample that the titleholder collects in connection with an operation in an offshore area; and\n\n (b) do so in such a way that makes retrieval of the core, cutting or sample reasonably practicable.\n\n","sortOrder":133},{"sectionNumber":"119","sectionType":"section","heading":"General requirement to retain core, cutting or sample in Australia","content":"119  General requirement to retain core, cutting or sample in Australia\n\nCore, cutting or sample must generally be kept in Australia\n\n (1) A petroleum titleholder must retain a core, cutting or sample in Australia if:\n\n (a) the titleholder undertakes an operation in an offshore area; and\n\n (b) the titleholder collects the core, cutting or sample in connection with the operation.\n\n (2) Subsection (1) does not apply to a petroleum titleholder if:\n\n (a) the core, cutting or sample is taken or sent outside Australia by, or on behalf of, the petroleum titleholder; and\n\n (b) the titleholder gives a written notice to the Titles Administrator in accordance with subsection (3).\n\nNote: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).\n\n (3) For the purposes of paragraph (2)(b), the notice must:\n\n (a) be given to the Titles Administrator before the end of the day that is immediately after the day that the core, cutting or sample was taken or sent out of Australia; and\n\n (b) state that the titleholder has taken or sent, or will take or send, the core, cutting or sample out of Australia; and\n\n (c) specify the location outside Australia where the core, cutting or sample will be stored; and\n\n (d) describe what analysis will be conducted on the core, cutting or sample; and\n\n (e) state whether the analysis will involve the destruction of the core, cutting or sample or a part of the core, cutting or sample.\n\n (4) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).\n\n (5) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).\n\nTitles Administrator may request return of core, cutting or sample\n\n (a) a core, cutting or sample is taken outside Australia by, or on behalf of, a petroleum titleholder; and\n\n (b) the titleholder does not give the Titles Administrator a written notice in accordance with subsection (3);\n\nthe Titles Administrator may, in writing, request that the titleholder ensure that the core, cutting or sample is returned to Australia within a reasonable period specified in the request.\n\n (7) The titleholder must comply with the request.\n\n (8) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (7).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (9) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (7).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":134},{"sectionNumber":"120","sectionType":"section","heading":"Requirement to return core, cutting or sample to Australia","content":"120  Requirement to return core, cutting or sample to Australia\n\n (a) a petroleum titleholder undertakes an operation in an offshore area; and\n\n (b) the titleholder collects a core, cutting or sample in connection with the operation; and\n\n (c) the core, cutting or sample is taken or sent by the titleholder, or on behalf of the titleholder, for analysis outside Australia.\n\n (2) The petroleum titleholder must ensure that the core, cutting or sample that remains after the analysis is completed is returned to Australia within:\n\n (a) if the titleholder gave written notice to the Titles Administrator in accordance with subsection 119(3) in relation to the core, cutting or sample:\n\n (b) otherwise—within 12 months of the day that the core, cutting or sample was taken or sent outside Australia.\n\n (3) Subsection (2) does not apply to a petroleum titleholder if the core, cutting or sample is destroyed as part of the analysis of the core, cutting or sample.\n\nNote: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":135},{"sectionNumber":"121","sectionType":"section","heading":"Requirement to provide report about analysis of core, cutting or sample conducted overseas","content":"121  Requirement to provide report about analysis of core, cutting or sample conducted overseas\n\n (a) a petroleum titleholder collects a core, cutting or sample in connection with an operation in an offshore area; and\n\n (b) the core, cutting or sample is taken or sent by the titleholder, or on behalf of the titleholder, for analysis outside Australia.\n\nRequirement to provide analysis report\n\n (2) The titleholder must give the Titles Administrator a report (an analysis report) that includes the information specified in subsection (3) within:\n\n (a) if the titleholder notified the Titles Administrator in accordance with subsection 119(3) in relation to the core, cutting or sample:\n\n (b) otherwise—12 months after the day that the core, cutting or sample was taken or sent outside Australia.\n\n (3) For the purposes of subsection (2), an analysis report must include the following information:\n\n (a) a summary of the analysis undertaken on the core, cutting or sample;\n\n (b) all raw data produced from the analysis, including all raw data in relation to slides, thin sections or residues produced;\n\n (c) details of all results produced from, and conclusions drawn from, the analysis and raw data.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":136},{"sectionNumber":"122","sectionType":"section","heading":"Requirement to provide certain samples produced from overseas analysis","content":"122  Requirement to provide certain samples produced from overseas analysis\n\n (a) a petroleum titleholder collects a core, cutting or sample (the principal core, cutting or sample) in connection with an operation in an offshore area; and\n\n (b) the principal core, cutting or sample is taken or sent by the titleholder, or on behalf of the titleholder, for analysis outside Australia; and\n\n (c) any of the following samples (each of which is a secondary sample) are produced as a result of the analysis of the principal core, cutting or sample:\n\n (i) a palynological slide, residue or thin section;\n\n (ii) any paleontological material;\n\n (iii) a petrological slide or thin section.\n\nNote: See section 136 for requirements in relation to the giving of certain cores, cuttings and samples.\n\n (2) The petroleum titleholder must give each secondary sample produced to the Titles Administrator:\n\n (a) if the titleholder gave written notice to the Titles Administrator in accordance with subsection 119(3) in relation to the principal core, cutting or sample:\n\n (b) otherwise—12 months after the day that the principal core, cutting or sample was taken or sent outside Australia.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":137},{"sectionNumber":"123","sectionType":"section","heading":"Purpose of Division","content":"123  Purpose of Division\n\n  This Division is made for the purposes of paragraph 698(1)(c) of the Act, and sets out requirements for petroleum titleholders to give reports, other documents, cores, cuttings or samples to the Titles Administrator.\n\n","sortOrder":138},{"sectionNumber":"124","sectionType":"section","heading":"Requirement for daily drilling report","content":"124  Requirement for daily drilling report\n\n (1) A petroleum titleholder who undertakes drilling operations in the title area on a day (an operation day) must give the Titles Administrator a report (a daily drilling report) that includes the information specified in subsection (2) by midday on the first business day after the operation day.\n\n (2) For the purposes of subsection (1), a daily drilling report must include the following information:\n\n (a) the name of the well or borehole associated with the drilling operations;\n\n (b) the date of the operation day to which the report relates;\n\n (c) the location of the well by latitude and longitude;\n\n (e) the water depth at the well;\n\n (f) the drilled depth of the well;\n\n (h) the spud date of the well;\n\n (j) the bit diameter and size, in either inches or centimetres, that is being used in the drilling operations;\n\n (k) the casing diameter and size, in either inches or centimetres;\n\n (l) the mud type and weight;\n\n (m) a description of the work carried out on the operation day;\n\n (n) a summary of the materials used on the operation day;\n\n (o) details of drilling fluid losses on the operation day;\n\n (p) a leak off test summary;\n\n (q) the geometry of the well bore;\n\n (r) the estimated daily and cumulative well costs.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":139},{"sectionNumber":"125","sectionType":"section","heading":"Requirement for daily geological report","content":"125  Requirement for daily geological report\n\n (1) If a petroleum titleholder:\n\n (a) undertakes drilling operations in the title area on a day (an operation day); and\n\n (b) generates or obtains geological information on the operation day in relation to the drilling operations;\n\nthe titleholder must give the Titles Administrator a daily geological report by midday on the first business day after the operation day.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nDefinitions\n\n (4) In this section:\n\ndaily geological report means a report that includes the following information:\n\n (a) all geological information generated or obtained on the operation day;\n\n (b) the name of the well or borehole associated with the drilling operations;\n\n (c) the date of the operation day to which the report relates;\n\n (e) the purpose of the well (for example, development, appraisal or exploration);\n\n (f) a description of the work carried out on the operation day;\n\n (g) the water depth at the well;\n\n (h) the drilled depth of the well;\n\n (i) any other information the titleholder considers relevant.\n\n  geological information means any of the following:\n\n (a) information about the lithology of formations penetrated;\n\n (b) details of any indication of hydrocarbons encountered;\n\n (c) details of the gas summary (including details of background gas or trip gas);\n\n (d) the estimated depth of the formation or reservoir top or tops;\n\n (e) if the formation or reservoir has been encountered on or before the operation day—the actual depth of the formation or reservoir top or tops;\n\n (f) the estimated or measured formation or reservoir pressure;\n\n (g) information about any testing conducted on the operation day, including a description of the equipment used to conduct the testing;\n\n (h) information about any surveys conducted on the operation day;\n\n (i) information about any samples collected on the operation day.\n\n","sortOrder":140},{"sectionNumber":"126","sectionType":"section","heading":"Requirement for initial well completion report and data","content":"126  Requirement for initial well completion report and data\n\n (1) This section applies if a petroleum titleholder undertakes drilling operations in the title area.\n\n (2) The petroleum titleholder must give the Titles Administrator a report (an initial well completion report), that includes the information specified in the table in subsection (6), and all initial well completion data within:\n\n (a) 12 months after the rig release date; or\n\n (b) if the Titles Administrator agrees, in writing, to another period—within that other period.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nInitial well completion data\n\n (5) For the purposes of this section, initial well completion data means each of the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:\n\n (a) raw data, edited field data and processed data for all wireline logs, measurements while drilling (MWD) logs or logging while drilling (LWD) logs;\n\n (b) log displays;\n\n (c) edited field data and processed data for borehole deviation surveys;\n\n (d) mudlogging data;\n\n (e) mudlog display;\n\n (f) data from velocity surveys (if generated) including:\n\n (i) raw data; and\n\n (ii) processed data; and\n\n (iii) checkshot and time/depth analysis;\n\n (g) velocity survey displays;\n\n (h) photography of the core and sidewall core, in both natural and UV light.\n\n (6) For the purposes of subsection (2), an initial well completion report must include the information specified in the following table.\n\n \n\n- Information for initial well completion reports\n- 3 The location of the well, in the form of:(a) latitude and longitude; and(b) map sheet name and graticular block number; and(c) seismic line location and shotpoint number; and(d) geographic coordinates and the related datum used in reference to the coordinates\n- 8 The names of the contractors for:(a) cementing; and(b) wireline logging; and(c) measurements while drilling (MWD); and(d) logging while drilling (LWD); and(e) mudlogging\n- 13 Either:(a) the spud date; or(b) if the well is a sidetrack—the kick off date\n- 20 If applicable, the depth of perforation in the petroleum reservoir\n- 22 If the well is deviated or horizontal:(a) the surveyed path of the well, including the geographic coordinates of the path and the related datum used in reference to the coordinates; and(b) the geographic coordinates of the bottom of the well bore; and(c) if applicable, the geographic coordinates and true vertical depth of the intersection of the well with the storage formation\n- 28 The results of a check survey of the location of:(a) for a subsea well—the wellhead; or(b) in any other case—the top of the casing supporting the blow‑out preventer\n- 29 The outcome of the well operation (for example, completion of the well as a producer, suspension or permanent abandonment)\n- 30 List of cores, cuttings and samples collected, and their depths and intervals\n- 31 List of hydrocarbon and water samples collected\n- 32 As an appendix to the report, all daily drilling reports given to the Titles Administrator under section 124 in relation to the well\n- 33 As an appendix to the report, any end of well reports provided to the titleholder by a contractor in relation to the well\n- 34 As an appendix to the report, all daily geological reports given to the Titles Administrator under section 125 in relation to the well, with the following information removed or redacted from the daily geological reports:(a) the actual depth of the formation or reservoir top or tops;(b) the estimated or measured formation or reservoir pressure\n- 35 Well test reporting and associated digital data\n\n \n\n","sortOrder":141},{"sectionNumber":"127","sectionType":"section","heading":"Requirement for final well completion report and data","content":"127  Requirement for final well completion report and data\n\n (1) This section applies if a petroleum titleholder undertakes drilling operations in the title area.\n\n (2) The petroleum titleholder must give the Titles Administrator a report (a final well completion report), that includes the information specified in the table in subsection (6), and all final well completion data within:\n\n (a) 18 months after the rig release date; or\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nFinal well completion data\n\n (5) For the purposes of this section, final well completion data means each of the following types of data presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:\n\n (a) interpretative log analysis;\n\n (b) composite well log;\n\n (c) well index sheet;\n\n (d) petrophysical, geochemical or other sample analyses.\n\n (6) For the purposes of subsection (2), a final well completion report must include the information specified in the following table.\n\n \n\n- Information for final well completion reports\n- 3 The location of the well, in the form of:(a) latitude and longitude; and(b) map sheet name and graticular block number; and(c) seismic line location and shotpoint number; and(d) geographic coordinates and the related datum used in reference to the coordinates\n- 8 The names of the contractors for:(a) cementing; and(b) wireline logging; and(c) measurements while drilling (MWD); and(d) logging while drilling (LWD); and(e) mudlogging\n- 13 Either:(a) the spud date of the well; or(b) if the well is a sidetrack—the kick off date of the sidetrack\n- 20 If applicable, the depth of perforation in the petroleum reservoir\n- 22 If the well is deviated or horizontal:(a) the surveyed path of the well, including the geographic coordinates of the path and the related datum used in reference to the coordinates; and(b) the geographic coordinates of the bottom of the well bore; and(c) if applicable, the geographic coordinates and true vertical depth of the intersection of the well with the storage formation\n- 28 The results of a check survey of the location of:(a) for a subsea well—the wellhead; or(b) in any other case—the top of the casing supporting the blow‑out preventer\n- 29 List of cores, cuttings and samples collected, and their depths and intervals\n- 30 The outcome of the well operation (for example, completion of the well as a producing well, suspension or permanent abandonment of the well)\n- 31 Details of any hydrocarbon indications\n- 32 The measured depth and true vertical depth of marker horizons or formation tops\n- 33 Geological interpretations of the observations made as a result of drilling the well, including:(a) lithology; and(b) stratigraphy; and(c) reservoir properties and quality; and(d) geochemistry of source rocks (if available); and(e) environment of deposition (if available)\n- 34 Wireline formation test results\n- 35 Production test results\n- 36 Core analysis\n- 37 If the well is an exploration well—the relevance of the observations and interpretations to the evaluation of the hydrocarbon potential of the area\n- 38 Any conclusions or interpretations drawn from analysis of the final well completion data\n- 39 As an appendix to the report, any end of well reports provided to the titleholder by a contractor in relation to the well, that have not otherwise been provided to the Titles Administrator\n\n \n\n","sortOrder":142},{"sectionNumber":"128","sectionType":"section","heading":"Requirement for weekly survey report","content":"128  Requirement for weekly survey report\n\n (2) The petroleum titleholder must give the Titles Administrator a report (a weekly survey report), that includes the information specified in subsection (3), as soon as practicable after the end of each week of the survey.\n\n (3) For the purposes of subsection (2), a weekly survey report must include the following information:\n\n (b) the title under which the survey is being conducted;\n\n (d) if a contractor is conducting the survey for or on behalf of the titleholder—the name of the contractor;\n\n (e) if a vessel or aircraft was used to conduct the survey or part of the survey during the week—the name of the vessel or aircraft;\n\n (f) if the survey was wholly or partly conducted using another means during the week—a description of how the survey or part of the survey was conducted;\n\n (g) a georeferenced map showing where the survey was conducted during the week;\n\n (h) the number of kilometres or square kilometres for which data was acquired during the week;\n\n (i) the number of points at which data was acquired during the week;\n\n (j) the number of lines of data acquired during the week;\n\n (k) the amount of downtime during the week due to equipment problems, bad weather or other circumstances;\n\n (l) the percentage of the survey completed at the end of the week.\n\nNote: Notice of a geophysical or geological survey is required under section 226. There must also be an environment plan that is in force for the survey: see Part 4 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023.\n\nWeek of the survey\n\n (6) For the purposes of this section, week of the survey means:\n\n (a) the week starting on the first day of data acquisition; and\n\n (b) each subsequent week.\n\n","sortOrder":143},{"sectionNumber":"129","sectionType":"section","heading":"Requirement for survey acquisition report and data","content":"129  Requirement for survey acquisition report and data\n\n (2) The petroleum titleholder must give the Titles Administrator a report (a survey acquisition report), that includes the information specified in subsection (3), and all survey acquisition data for the survey within:\n\n (a) 18 months after the day that the acquisition of the data is completed; or\n\n (3) For the purposes of subsection (2), a survey acquisition report must include the following information:\n\n (d) the name of the contractor that conducted the survey;\n\n (e) if a vessel or aircraft was used to conduct the survey or part of the survey—the name of the vessel or aircraft;\n\n (f) if the survey was wholly or partly conducted using another means—a description of how the survey or part of the survey was conducted;\n\n (g) a georeferenced map of where the survey was conducted;\n\n (h) the dates on which the survey started and ended;\n\n (i) the line numbering convention;\n\n (j) details of all data acquisition equipment and systems used;\n\n (k) details of all positioning and navigation equipment and systems used;\n\n (l) the number of lines of data acquired in the survey and the number of data acquisition points along each line;\n\n (m) navigation data for the survey, in the form of:\n\n (iii) for any other survey—a polygon outline;\n\n (n) the geometry of the acquisition parameters;\n\n (o) the results of any onboard data processing;\n\n (p) the results of any system tests, calibrations and diagnostics.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nSurvey acquisition data\n\n (6) For the purposes of this section, survey acquisition data means either:\n\n (a) for a 2‑dimensional or 3‑dimensional seismic survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:\n\n (i) raw navigation data;\n\n (ii) seismic field data;\n\n (iii) seismic support data;\n\n (iv) itemised field tape listing showing tape number, survey name, line number, shotpoint range and data type; or\n\n (b) for any other type of survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:\n\n (i) field data;\n\n (ii) field support and navigation data.\n\n","sortOrder":144},{"sectionNumber":"130","sectionType":"section","heading":"Requirement for survey processing report and data","content":"130  Requirement for survey processing report and data\n\n (2) The petroleum titleholder must give the Titles Administrator a report (a survey processing report), that includes the information specified in subsection (3), and all processed survey data within:\n\n (a) 24 months after the day that the acquisition of the data is completed; or\n\n (3) For the purposes of subsection (2), a survey processing report must include the following information:\n\n (d) the dates on which processing of the survey data started and ended;\n\n (e) the name of the processing contractor;\n\n (f) the purpose of the processing;\n\n (g) a summary of the data acquisition parameters;\n\n (h) details of all the processing sequences and techniques used;\n\n (i) a sample Extended Binary Coded Decimal Interchange Code (EBCDIC) header from the final data set;\n\n (j) listings of all processed data;\n\n (k) for a seismic survey—a description of the position of the survey polygon.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nProcessed survey data\n\n (6) For the purposes of this section, processed survey data means:\n\n (a) for a 2‑dimensional seismic survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:\n\n (ii) raw and final migrated data, including pre‑stack time migration, pre‑stack depth migration and near/mid/far sub‑stacks;\n\n (v) data for both stacked and migrated velocities, including line number, shotpoint and time versus root mean square pairs;\n\n (vi) itemised process tape listing showing tape number, survey name, line number, shotpoint range, common depth points and data type; or\n\n (b) for a 3‑dimensional seismic survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:\n\n (ii) raw and final migrated data, including pre‑stack time migration, pre‑stack depth migration and near/mid/far sub‑stacks;\n\n (iv) final navigation data in the form of final processed (grid) bin coordinates and polygonal position data (outline of the full fold area);\n\n (vi) if the 3‑dimensional survey collected data as non‑exclusive data—a 2D data subset;\n\n (vii) itemised process tape listing showing tape number, survey name, in‑lines and crosslines and data type; or\n\n (c) for any other type of survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:\n\n","sortOrder":145},{"sectionNumber":"131","sectionType":"section","heading":"Requirement for survey interpretation report and data","content":"131  Requirement for survey interpretation report and data\n\n (a) a petroleum titleholder conducts a geophysical or geological survey in the title area; or\n\n (b) in compliance with a condition of the title, a petroleum titleholder licenses geophysical or geological survey data, from another person, that was collected from a geophysical or geological survey conducted in the title area.\n\n (2) The petroleum titleholder must give the Titles Administrator a report (a survey interpretation report), that includes the information specified in subsection (3), and all interpretative survey data within:\n\n (a) if the titleholder conducts a geophysical or geological survey—30 months after the day that the acquisition of the data is completed; or\n\n (b) if the titleholder licences data from another person—30 months after the day that the data is licensed; or\n\n (c) if the Titles Administrator agrees, in writing, to another period—that other period.\n\n (3) For the purposes of subsection (2), a survey interpretation report must include the following information:\n\n (d) a description of the objectives of the interpretation of the interpretive survey data;\n\n (e) for a seismic survey:\n\n (iii) a description of the velocity field used to convert domain and the basis for the velocity field; and\n\n (f) a bathymetric map of the survey area;\n\n (g) an index of the maps created during the interpretation.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nInterpretative survey data\n\n (6) For the purposes of this section, interpretative survey data means the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:\n\n","sortOrder":146},{"sectionNumber":"132","sectionType":"section","heading":"Requirement for survey reprocessing report and data","content":"132  Requirement for survey reprocessing report and data\n\n (1) This section applies if a petroleum titleholder undertakes a reprocessing project under which data collected from, or generated in relation to, one or more surveys is reprocessed in compliance with a condition of the title.\n\n (2) The titleholder must give the Titles Administrator a report (a survey reprocessing report), that includes the information specified in subsection (3), and all reprocessed survey data within:\n\n (a) 24 months after the day that the reprocessing of the data commenced; or\n\n (3) For the purposes of subsection (2), a survey reprocessing report must include the following information:\n\n (e) if a contractor reprocessed the data for or on behalf of the titleholder—the name of the contractor;\n\n (f) the dates on which reprocessing of the survey data started and ended;\n\n (g) the types of reprocessing undertaken and the purpose of the reprocessing;\n\n (h) a summary of the data acquisition parameters of each survey;\n\n (i) details of all the processing sequences and techniques used;\n\n (j) listings of all reprocessed survey data;\n\n (k) a sample Extended Binary Coded Decimal Interchange Code (EBCDIC) header from the final data set;\n\n (l) for 2‑dimensional survey data—line ends and bends;\n\n (m) for 3‑dimensional survey data—bin grid information and a description of the position of the survey polygon.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nReprocessed survey data\n\n (6) For the purposes of this section, reprocessed survey data means:\n\n (a) for a 2‑dimensional seismic survey—each of the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:\n\n (v) data for both stacked and migrated velocities, including line number, shotpoint and time versus root mean square pairs;\n\n (vi) itemised tape listing showing tape number, survey name, line number, shotpoint range, common depth points and data type; or\n\n (b) for a 3‑dimensional seismic survey—each of the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:\n\n (iv) final navigation data in the form of final (grid) bin coordinates and polygonal position data (outline of the full fold area);\n\n (vi) itemised tape listing showing tape number, survey name, in‑lines and crosslines and data type; or\n\n (c) for any other type of survey—each of the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:\n\n","sortOrder":147},{"sectionNumber":"133","sectionType":"section","heading":"Requirement for survey reprocessing interpretation report and data","content":"133  Requirement for survey reprocessing interpretation report and data\n\n (1) This section applies if a petroleum titleholder undertakes a reprocessing project under which data collected from, or generated in relation to, one or more surveys is reprocessed in compliance with a condition of the title.\n\n (2) The petroleum titleholder must give the Titles Administrator a report (a survey reprocessing interpretation report), that includes the information specified in subsection (3), and all interpretative survey reprocessing data within:\n\n (a) 30 months after the day that the reprocessing of the data commenced; or\n\n (3) For the purposes of subsection (2), a survey reprocessing interpretation report must include the following information:\n\n (e) a description of the objectives of the interpretation;\n\n (f) for a seismic survey:\n\n (iii) the velocity field used to convert domain and the basis for the velocity field; and\n\n (g) a bathymetric map of the reprocessed area;\n\n (h) an index of the maps created during the interpretation.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nInterpretative survey reprocessing data\n\n (6) For the purposes of this section, interpretative survey reprocessing data means the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:\n\n","sortOrder":148},{"sectionNumber":"134","sectionType":"section","heading":"Requirement for daily workover report","content":"134  Requirement for daily workover report\n\n (1) A petroleum titleholder who undertakes workover operations in the title area on a day (a workover day) must give the Titles Administrator a report (a daily workover report), that includes the information specified in subsection (2), by midday on the first business day after the workover day.\n\n (2) For the purposes of subsection (1), a daily workover report must include the following information:\n\n (a) the name of the well associated with the workover operations undertaken on the workover day;\n\n (b) the location of the well by latitude and longitude;\n\n (c) the date of the report and the report number;\n\n (e) the purpose of the workover operations, and the type and phase of intervention;\n\n (f) the water depth at the well;\n\n (h) the re‑entry date;\n\n (j) the well casing diameter, in either inches or centimetres;\n\n (k) mud type and weight;\n\n (l) details of any well integrity operations carried out on the workover day;\n\n (m) details of any changes made to well zones on the workover day;\n\n (n) details of any equipment replacement and installation carried out on the workover day;\n\n (o) details of data acquired on the workover day;\n\n (p) details of any wireline work carried out on the workover day;\n\n (q) the estimated daily and cumulative well costs;\n\n (r) any other information the titleholder considers relevant.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":149},{"sectionNumber":"135","sectionType":"section","heading":"Requirement for monthly production report from petroleum production licensee","content":"135  Requirement for monthly production report from petroleum production licensee\n\n (1) A petroleum production licensee must give the Titles Administrator a report (a monthly production report) for each calendar month, that includes the information specified in subsection (2), within 15 days of the end of the month to which the report relates.\n\n (2) For the purposes of subsection (1), a monthly production report for a calendar month must include the following information:\n\n (a) for each well in the licence area:\n\n (i) the well’s identification name and number;\n\n (ii) a summary of all work that has been performed on the well during the month;\n\n (iii) the results of production tests for the well, including the parameters of the test;\n\n (iv) the well’s operational status at the end of the month;\n\n (v) the number of days of production during the month;\n\n (vi) the cumulative quantities of liquid and gaseous petroleum, and of water, that have been produced or injected as at the end of the month;\n\n (b) for the licence area—the total quantities of each of the following for the month:\n\n (i) liquid and gaseous petroleum produced;\n\n (ii) liquid and gaseous petroleum used;\n\n (iii) liquid and gaseous petroleum injected;\n\n (iv) gaseous petroleum flared or vented;\n\n (v) liquid petroleum stored;\n\n (vi) liquid and gaseous petroleum delivered from the area;\n\n (vii) water produced;\n\n (viii) water injected;\n\n (c) the cumulative quantities of liquid and gaseous petroleum, and of water, that have been produced or injected as at the end of the month.\n\n (3) A petroleum production licensee commits an offence of strict liability if the licensee contravenes subsection (1).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (4) A petroleum production licensee is liable to a civil penalty if the licensee contravenes subsection (1).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nSubdivision F—Cores, cuttings and samples\n\n","sortOrder":150},{"sectionNumber":"136","sectionType":"section","heading":"Requirement to give certain cores, cuttings or samples","content":"136  Requirement to give certain cores, cuttings or samples\n\n (1) This section applies if a petroleum titleholder:\n\n (b) collects a kind of core, cutting or sample mentioned in column 1 of an item of the table in subsection (4).\n\nSpecified quantity of core, cutting or sample must be given if available\n\n (2) If the quantity of the core, cutting or sample specified in column 2 of the item is available to the petroleum titleholder, the titleholder must give that specified quantity to the Titles Administrator:\n\n (a) before the end of the day specified in column 3 of the item; or\n\n (b) if the Titles Administrator agrees, in writing, to another time—before that time.\n\nNote: Division 3 sets out requirements for the collection and retention of cores, cuttings and samples.\n\n (3) Subsection (2) does not apply to a petroleum titleholder if:\n\n (a) the specified quantity of the core, cutting or sample is not available to the titleholder; and\n\n (c) the titleholder gives the Titles Administrator a written notice, before the end of the day specified in column 3 of the item, that includes the following information:\n\n (ii) the quantity of the core, cutting or sample that was recovered;\n\n (iii) the quantity (if any) of the core, cutting or sample that remains available to the titleholder; and\n\n (d) if a quantity of the core, cutting or sample remains available to the titleholder—the titleholder gives an agreed quantity of the remaining core, cutting or sample to the Titles Administrator:\n\n (i) before the end of the day specified in column 3 of the item; or\n\n (ii) if the Titles Administrator agrees, in writing, to another time—before that time.\n\nNote: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).\n\nTable of requirements in relation to cores, cuttings and samples\n\n (4) For the purposes of this section, requirements in relation to the giving of cores, cuttings and samples are set out in the following table.\n\n \n\n| Item | Column 1<br>Kind of core, cutting or sample | Column 2<br>Quantity of core, cutting or sample | Column 3<br>Time by which core, cutting or sample must be given |\n| --- | --- | --- | --- |\n| 1 | Ditch cuttings | 2 sets of 200 grams dry weight per sample interval | The day 12 months after the rig release date |\n| 2 | Full hole conventional cores | 1/3 of the core | The day 12 months after the rig release date |\n| 3 | Full hole conventional cores | 2/3 of the core | The day 18 months after the rig release date |\n| 4 | Gaseous hydrocarbon samples | 300 cm3 | The day 18 months after the rig release date |\n| 5 | Fluid hydrocarbon samples | 1 litre | Either:<br>(a) if the sample is collected during the drilling of a well—the day 18 months after the rig release date; or<br>(b) if the sample is collected during a test on a completed well—the day 18 months after the day that the sample is collected |\n| 6 | Sidewall core material | All material collected | The day 18 months after the rig release date |\n| 7 | Palynological slides, residues and thin sections, paleontological material and petrological slides and thin sections | All material collected | The day 18 months after the rig release date |\n\n \n\n (5) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (6) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":151},{"sectionNumber":"137","sectionType":"section","heading":"Titles Administrator may request other cores, cuttings or samples","content":"137  Titles Administrator may request other cores, cuttings or samples\n\n (1) This section applies if a petroleum titleholder:\n\n (b) collects a kind of core, cutting or sample that is not mentioned in column 1 of an item in the table in subsection 136(4).\n\nTitles Administrator may request specified quantity of core, cutting or sample\n\n (2) The Titles Administrator may request that the petroleum titleholder give a specified quantity of the core, cutting or sample to the Titles Administrator.\n\n (3) The request must:\n\n (b) set out the quantity of the core, cutting or sample that must be given; and\n\n (c) specify a reasonable period within which the core, cutting or sample must be given.\n\n (4) A petroleum titleholder must comply with a request under subsection (2).\n\n (5) Subsection (4) does not apply if:\n\n (a) the quantity of the core, cutting or sample specified in the request is not available to the titleholder; and\n\n (c) the titleholder gives the Titles Administrator a written notice before the end of the period specified in the request that includes the following information:\n\n (ii) the total quantity of the core, cutting or sample that was recovered;\n\n (iii) the quantity (if any) of the core, cutting or sample that remains available to the titleholder.\n\nNote: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).\n\n (6) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (4).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (7) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (4).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":152},{"sectionNumber":"138","sectionType":"section","heading":"Titles Administrator may request information about reports etc.","content":"138  Titles Administrator may request information about reports etc.\n\nFurther information about reports\n\n (1) If a petroleum titleholder gives a report to the Titles Administrator under this Part, the Titles Administrator may request the titleholder to provide further written information about any of the matters that, under this Part, must be included in the report.\n\n (3) A petroleum titleholder must comply with a request under subsection (1).\n\nFurther information about data\n\n (4) If a petroleum titleholder gives data to the Titles Administrator under this Part, the Titles Administrator may request that the titleholder provide further written information about the data.\n\n (5) The request must:\n\n (6) A petroleum titleholder must comply with a request under subsection (4).\n\n (7) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (3) or (6).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (8) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (3) or (6).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":153},{"sectionNumber":"139","sectionType":"section","heading":"Titles Administrator may specify format or medium for data","content":"139  Titles Administrator may specify format or medium for data\n\n (1) The Titles Administrator may, in writing, specify either or both of the following for the purposes of any or all of the provisions listed in subsection (2):\n\n (a) the format in which a type of data must be presented;\n\n (b) the medium on which a type of data must be presented.\n\n (2) For the purposes of subsection (1), the provisions are as follows:\n\n (a) subsection 126(5);\n\n (b) subsection 127(5);\n\n (c) paragraph 129(6)(a);\n\n (d) paragraph 129(6)(b);\n\n (e) paragraph 130(6)(a);\n\n (f) paragraph 130(6)(b);\n\n (g) paragraph 130(6)(c);\n\n (h) subsection 131(6);\n\n (i) paragraph 132(6)(a);\n\n (j) paragraph 132(6)(b);\n\n (k) paragraph 132(6)(c);\n\n (l) subsection 133(6).\n\nNote: See section 214 for how documents must be given to the Titles Administrator.\n\n (3) The Titles Administrator must publish on the Titles Administrator’s website a copy of an instrument made under subsection (1).\n\n","sortOrder":154},{"sectionNumber":"Part 8","sectionType":"part","heading":"Release of technical information about petroleum","content":"Part 8—Release of technical information about petroleum\n\n","sortOrder":155},{"sectionNumber":"140","sectionType":"section","heading":"Simplified outline of this Part","content":"140  Simplified outline of this Part\n\nThis Part sets out how technical information and samples given by petroleum titleholders to the Titles Administrator or the responsible Commonwealth Minister under the Act, or a legislative instrument made under the Act, may be made public.\n\n","sortOrder":156},{"sectionNumber":"141","sectionType":"section","heading":"Definitions","content":"141  Definitions\n\nbasic information means documentary information that is not interpretative information.\n\ndisclosable information means documentary information that is not permanently confidential information.\n\ndocumentary information has the meaning given by section 711 of the Act.\n\ninterpretative information has the meaning given by section 144.\n\npermanently confidential information has the meaning given by section 143.\n\npetroleum mining sample has the meaning given by section 711 of the Act.\n\n","sortOrder":157},{"sectionNumber":"142","sectionType":"section","heading":"Purpose of Division","content":"142  Purpose of Division\n\n (1) This Division (other than section 148) is made for the purposes of paragraphs 712(2)(c) and 713(2)(c) of the Act\n\n (2) Section 148 is made for the purposes of subsection 718(2) of the Act.\n\n","sortOrder":158},{"sectionNumber":"143","sectionType":"section","heading":"Meaning of permanently confidential information","content":"143  Meaning of permanently confidential information\n\n (1) This section sets out the 4 situations in which documentary information is permanently confidential information.\n\nExcluded information is permanently confidential\n\n (2) Despite anything else in this Division, excluded information is permanently confidential information.\n\nNote: Excluded information is defined in section 8.\n\nTitles Administrator classifies as permanently confidential\n\n (3) Documentary information given by a person to the Titles Administrator is permanently confidential information if the Titles Administrator considers the information to be:\n\n (a) a trade secret; or\n\n (b) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs.\n\n (4) Documentary information given by a person to the Titles Administrator is permanently confidential information if:\n\n (a) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as:\n\n (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs; and\n\n (b) the Titles Administrator did not give the person a written notice under subsection 145(1) disputing the classification.\n\nTitles Administrator disputes classification and objection is in force\n\n (5) Documentary information given by a person to the Titles Administrator is permanently confidential information if:\n\n (a) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as:\n\n (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs; and\n\n (b) the Titles Administrator gave the person a written notice under subsection 145(1) disputing the classification; and\n\n (ii) the person has made an objection in response to the notice mentioned in paragraph (b), and the objection has not ceased to be in force under section 149.\n\n","sortOrder":159},{"sectionNumber":"144","sectionType":"section","heading":"Meaning of interpretative information","content":"144  Meaning of interpretative information\n\n (1) This section sets out the 3 situations in which documentary information is interpretative information.\n\nTitles Administrator classifies as interpretative\n\n (2) Documentary information given by a person to the Titles Administrator is interpretative information if the Titles Administrator considers the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information.\n\n (3) Documentary information given by a person to the Titles Administrator is interpretative information if:\n\n (a) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and\n\n (b) the Titles Administrator did not give the person a written notice under subsection 145(2) disputing the classification.\n\nTitles Administrator disputes classification and objection to disclosure is in force\n\n (4) Documentary information given by a person to the Titles Administrator is interpretative information if:\n\n (a) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and\n\n (b) the Titles Administrator gave the person a written notice under subsection 145(2) disputing the classification; and\n\n (ii) the person has made an objection in response to the notice mentioned in paragraph (b), and the objection has not ceased to be in force under section 149.\n\n","sortOrder":160},{"sectionNumber":"145","sectionType":"section","heading":"Classification dispute notices","content":"145  Classification dispute notices\n\nPermanently confidential information—classification dispute notices\n\n (1) The Titles Administrator may give a person a written notice disputing the classification of documentary information as permanently confidential information if:\n\n (b) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as:\n\n (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs; and\n\n (c) the Titles Administrator does not consider the information to be:\n\n (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs.\n\nInterpretative information—classification dispute notices\n\n (2) The Titles Administrator may give a person a written notice disputing the classification of documentary information as interpretative information if:\n\n (b) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and\n\n (c) the Titles Administrator does not consider the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information.\n\nTiming of classification dispute notices\n\n (3) A notice under subsection (1) or (2) must be given within 30 days after the Titles Administrator receives the documentary information to which it relates.\n\nContents of classification dispute notices\n\n (4) A notice under subsection (1) must include the following:\n\n (a) a statement that the Titles Administrator considers the information to be disclosable information and proposes to treat it as disclosable information under this Part;\n\n (b) a statement inviting the person to make a written objection to the Titles Administrator’s proposal to treat the information as disclosable information;\n\n (d) a statement that, if the person does not make a written objection by the specified day, the information will be taken under this Part to be disclosable information.\n\n (5) A notice under subsection (2) must include the following:\n\n (a) a statement that the Titles Administrator considers the information to be basic information and proposes to treat it as basic information under this Part;\n\n (b) a statement inviting the person to make a written objection to the Titles Administrator’s proposal to treat the information as basic information;\n\n (d) a statement that, if the person does not make a written objection by the specified day, the information will be taken under this Part to be basic information.\n\n (6) For the purposes of paragraphs (4)(c) and (5)(c), the specified day must be at least 45 days after the day the notice is given.\n\nClassification dispute notices may be combined\n\n (7) If 2 or more notices under either or both of subsection (1) or (2) are to be given to the same person, the Titles Administrator may combine those notices into a single notice.\n\n","sortOrder":161},{"sectionNumber":"146","sectionType":"section","heading":"Making an objection","content":"146  Making an objection\n\n (1) If a person receives a notice from the Titles Administrator under section 145, the person may give the Titles Administrator an objection, in writing, to the proposed classification of the information.\n\n (2) The objection may relate to all of the information described in the notice, or a specified part of the information.\n\n (3) If the notice is given under both subsections 145(1) and (2), the objection must state whether the objection is:\n\n (a) on the ground that the information should be treated as permanently confidential information; or\n\n (b) on the ground that the information should be treated as interpretative information; or\n\n (c) on both grounds.\n\n (4) The objection must be given to the Titles Administrator on or before the day specified in the notice.\n\n","sortOrder":162},{"sectionNumber":"147","sectionType":"section","heading":"Consideration of objection by Titles Administrator","content":"147  Consideration of objection by Titles Administrator\n\n (1) If a person gives the Titles Administrator an objection in accordance with section 146, the Titles Administrator must consider the objection and decide whether to allow or disallow the objection.\n\n (2) The Titles Administrator may allow the objection for part of the documentary information to which it relates, and disallow the objection for another part.\n\n (3) The Titles Administrator must notify the person, in writing, of the Titles Administrator’s decision within 45 days after the Titles Administrator receives the objection.\n\n (4) The notice of decision under subsection (3) must state that the person may ask the responsible Commonwealth Minister to review the decision in accordance with section 148.\n\n","sortOrder":163},{"sectionNumber":"148","sectionType":"section","heading":"Review of Titles Administrator’s decision by Minister","content":"148  Review of Titles Administrator’s decision by Minister\n\n (1) A person may, in writing, request the responsible Commonwealth Minister to review a decision by the Titles Administrator under section 147 to disallow an objection.\n\n (2) The request:\n\n (a) must be given to the Minister within 30 days after the person was given notice of the Titles Administrator’s decision; and\n\n (b) must set out the grounds for making the request.\n\n (3) The person may withdraw the request by written notice given to the Minister.\n\n (4) The Minister must, within 45 days after receiving the request, review the Titles Administrator’s decision and:\n\n (a) confirm the Titles Administrator’s decision to disallow the objection; or\n\n (b) revoke the Titles Administrator’s decision and substitute another decision for it.\n\n (5) A decision made by the Minister in substitution for the Titles Administrator’s decision may allow the objection for part of the documentary information to which it relates, and disallow the objection for another part.\n\n (6) The Minister must notify the person in writing of the Minister’s decision as soon as practicable after making the decision.\n\nNote: The person may seek further review of the Minister’s decision—see Part 9.1 of the Act.\n\n","sortOrder":164},{"sectionNumber":"149","sectionType":"section","heading":"When an objection ceases to be in force","content":"149  When an objection ceases to be in force\n\n  An objection made by a person under section 146 ceases to be in force if:\n\n (a) the person withdraws the objection by notifying the Titles Administrator in writing; or\n\n (b) the Titles Administrator disallows the objection, and the person does not request a review of the decision within the period specified in subsection 148(2); or\n\n (c) the Titles Administrator disallows the objection, all reviews of the Titles Administrator’s decision have been finalised, and the decision standing after all reviews have been finalised is that the objection is disallowed.\n\n","sortOrder":165},{"sectionNumber":"150","sectionType":"section","heading":"Purpose of Division","content":"150  Purpose of Division\n\n  For the purposes of paragraphs 712(2)(c) and 715(2)(c) of the Act, this Division sets out the circumstances in which the Titles Administrator or responsible Commonwealth Minister may:\n\n (a) make documentary information publicly known; or\n\n (b) make documentary information available to a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory).\n\nNote: Under section 715 of the Act, the responsible Commonwealth Minister is a recipient Minister and is subject to the rules in this Division.\n\n","sortOrder":166},{"sectionNumber":"151","sectionType":"section","heading":"Release of open information about wells, surveys and reprocessing projects","content":"151  Release of open information about wells, surveys and reprocessing projects\n\n  Despite anything else in this Division, the Titles Administrator or responsible Commonwealth Minister may make any of the following publicly known at any time:\n\n (a) open information about a well;\n\n (b) open information about a survey;\n\n (c) open information about a reprocessing project.\n\n","sortOrder":167},{"sectionNumber":"152","sectionType":"section","heading":"Release of basic disclosable information","content":"152  Release of basic disclosable information\n\n (1) The Titles Administrator or responsible Commonwealth Minister may make documentary information publicly known or make documentary information available to a person if:\n\n (a) it is basic information; and\n\n (c) the relevant day specified in subsection (2), (3), (4) or (5) for the information has passed; and\n\n (d) if the documentary information is survey information—one of the following applies:\n\n (i) in relation to the Titles Administrator making the survey information available to a person—the requirements of subsection 155(1) are met;\n\n (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 subsection 155(3);\n\n (iii) in relation to the responsible Commonwealth Minister making the survey information available to a person—the requirements of subsection 155(6) are met.\n\nNote: For survey information, see subsection 155(8).\n\nRelevant day—seismic surveys\n\n (2) Subject to subsection (3), the relevant day for a type of documentary information related to a seismic survey described in column 1 of an item of the following table is the day specified in column 2 of the item.\n\n \n\n- Relevant day for documentary information related to seismic surveys\n- 1 Documentary information related to a survey that collected exclusive data, if the survey was conducted under a petroleum title that is still in force The day that is 3 years after the day that the acquisition of the data is completed\n- 2 Documentary information related to a survey that collected exclusive data, if the survey was conducted under a petroleum title that:(a) has expired; or(b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title The day of the expiry, surrender, cancellation, revocation or termination of the petroleum title\n- 3 Documentary information related to a survey that collected 2D seismic data as non‑exclusive data The day that is 10 years after the day that the acquisition of the data is completed\n- 4 Documentary information related to a survey that collected 3D seismic data as non‑exclusive data For the 3D data—the day that is 10 years after the acquisition of the data was completedFor 2D data extracted from the 3D data—the day that is 5 years after the day that the acquisition of the 3D data is completed\n\n \n\nRelevant day—geophysical and geological surveys (other than seismic surveys)\n\n (3) The relevant day for a type of documentary information relating to geophysical and geological surveys (other than seismic surveys) described in column 1 of an item of the following table is the day specified in column 2 of the item.\n\n \n\n- Relevant day for documentary information related to geophysical and geological surveys (other than seismic surveys)\n- 1 Documentary information related to a survey that collected exclusive data, if the survey was conducted under a petroleum title that is still in force The day that is 3 years after the day that the acquisition of the data is completed\n- 2 Documentary information related to a survey that collected exclusive data, if the survey was conducted under a petroleum title that:(a) has expired; or(b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title The day of the expiry, surrender, cancellation, revocation or termination of the petroleum title\n- 3 Documentary information related to a survey that collected non‑exclusive data The day that is 5 years after the day that the acquisition of the data is completed\n\n \n\nRelevant day—reprocessed survey data\n\n (4) The relevant day for a type of documentary information described in column 1 of an item of the following table is the day specified in column 2 of the item.\n\n \n\n- Relevant day for documentary information obtained from reprocessing of survey data\n- 1 Documentary information obtained from the reprocessing of data from a survey, where the reprocessing is conducted in compliance with a condition of a petroleum title that is still in force The later of:(a) the relevant day under subsection (2) for the documentary information relating to the survey; and(b) the day that is 3 years after the day that the reprocessing of the data is completed\n- 2 Documentary information obtained from the reprocessing of data from a survey, where the reprocessing is conducted in compliance with a condition of a petroleum title that:(a) has expired; or(b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title The later of:(a) the relevant day under subsection (2) for the documentary information relating to the survey; and(b) the day of the expiry, surrender, cancellation, revocation or termination of the petroleum title\n\n \n\nRelevant day—well operations\n\n (5) The relevant day for a type of documentary information relating to a regulated operation that is a well operation described in column 1 of an item of the following table is the day specified in column 2 of the item.\n\n \n\n- Relevant day for documentary information relating to regulated operations\n- Item Column 1If the regulated operation to which the information relates was conducted under … Column 2the relevant day is …\n- 1 a petroleum title that is still in force the day that is 2 years after the end of the operation\n- 2 a petroleum title that:(a) has expired; or(b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title the day of the expiry, surrender, cancellation, revocation or termination of the petroleum title\n\n","sortOrder":168},{"sectionNumber":"153","sectionType":"section","heading":"Release of interpretative disclosable information","content":"153  Release of interpretative disclosable information\n\n (1) The Titles Administrator or responsible Commonwealth Minister may make documentary information publicly known or make documentary information available to a person if:\n\n (a) it is interpretative information; and\n\n (c) the relevant day specified in subsection (2) for the information has passed.\n\nRelevant day—interpretative disclosable information\n\n (2) The relevant day for a type of documentary information described in column 1 of an item of the following table is the day specified in column 2 of the item.\n\n \n\n- Relevant day for documentary information that is interpretative disclosable information\n- 1 Documentary information related to a well operation The day that is 5 years after the end of the operation to which the information relates\n- 2 Documentary information related to a seismic survey The later of:(a) the relevant day under subsection 152(2) for basic information related to the seismic survey; and(b) the day that is 5 years after the day that the acquisition of the data is completed\n- 3 Documentary information related to a geophysical or geological survey (other than a seismic survey) The later of:(a) the relevant day under subsection 152(3) for basic information related to the survey; and(b) the day that is 5 years after the day that the acquisition of the data is completed\n- 4 Documentary information obtained from the reprocessing of data from a survey, where the reprocessing is conducted in compliance with a condition of a petroleum title The later of:(a) the relevant day under subsection 152(4) for basic information obtained from the reprocessing of the data; and(b) the day that is 5 years after the day that the reprocessing of the data is completed\n\n","sortOrder":169},{"sectionNumber":"154","sectionType":"section","heading":"Release of documentary information—prior availability or consent","content":"154  Release of documentary information—prior availability or consent\n\n (1) Subject to subsection (2), the Titles Administrator or responsible Commonwealth Minister may make documentary information publicly known or make documentary information available to a person if:\n\n (a) either:\n\n (i) the petroleum titleholder who gave the information to the Titles Administrator has made the information publicly known; or\n\n (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\n\n (b) if the documentary information is survey information (other than interpretative information)—one of the following applies:\n\n (i) in relation to the Titles Administrator making the survey information available to a person—the requirements of subsection 155(1) are met;\n\n (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 subsection 155(3);\n\n (iii) in relation to the responsible Commonwealth Minister making the survey information available to a person—the requirements of subsection 155(6) are met.\n\nNote: For survey information, see subsection 155(8).\n\n (2) If the documentary information relating to a block was given to the Titles Administrator under a petroleum special prospecting authority, a petroleum access authority or a petroleum scientific investigation consent, subsection (1) applies only if the information relates to a period when no permit, lease or licence was in force over the block.\n\n","sortOrder":170},{"sectionNumber":"155","sectionType":"section","heading":"Requirements for making survey information available to a person","content":"155  Requirements for making survey information available to a person\n\nRequirements for Titles Administrator—making survey information available to a person\n\n (1) The Titles Administrator must not make survey information available to a person under subsection 152(1) or 154(1) unless:\n\n (c) if paragraphs (a) and (b) do not apply and that information is not covered by a notice under subsection (5) of this section:\n\n (i) the Titles Administrator has, in writing, notified the responsible Commonwealth Minister of that person and of that information; and\n\n (ii) the responsible Commonwealth Minister agrees to that information being made available to that person.\n\n (2) The responsible Commonwealth Minister must:\n\n (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\n\n (b) in writing, notify the Titles Administrator:\n\n (i) that the responsible Commonwealth Minister does not agree to any of that information being made available to that person; or\n\n (ii) that the responsible Commonwealth Minister agrees to the whole of that information being made available to that person; or\n\n (iii) that the responsible Commonwealth Minister agrees to a specified part of that information being made available to that person.\n\n (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.\n\n (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.\n\n (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.\n\nRequirements for responsible Commonwealth Minister—making survey information available to a person\n\n (6) The responsible Commonwealth Minister must not make survey information available to a person under subsection 152(1) or 154(1) unless:\n\n (c) if paragraphs (a) and (b) do not apply, that information is not covered by a notice under subsection (5) of this section 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.\n\nNo limits on matters the responsible Commonwealth Minister may consider\n\n (7) Paragraph (2)(a), subsection (4) and (5) and paragraph (6)(c) do not limit the matters the responsible Commonwealth Minister may consider.\n\nSurvey information\n\n (8) For the purposes of this Division, survey information is the following documentary information:\n\n (a) documentary information relating to seismic surveys, geophysical surveys or geological surveys;\n\n (b) documentary information obtained from reprocessing as mentioned in subsection 152(4).\n\n","sortOrder":171},{"sectionNumber":"156","sectionType":"section","heading":"Release of documentary information—Petroleum and Other Fuels Reporting Act 2017","content":"156  Release of documentary information—Petroleum and Other Fuels Reporting Act 2017\n\n (1) The Titles Administrator may make documentary information available to an officer of the Energy Department if the Titles Administrator is satisfied that the information will enable or assist an officer of the Energy Department to perform or exercise any function or power under the Petroleum and Other Fuels Reporting Act 2017.\n\n (2) In this section:\n\nEnergy Department means the Department administered by the Minister administering the Petroleum and Other Fuels Reporting Act 2017.\n\nDivision 4—Release of petroleum mining samples\n\n","sortOrder":172},{"sectionNumber":"157","sectionType":"section","heading":"Purpose of Division","content":"157  Purpose of Division\n\n  For the purposes of paragraphs 713(2)(c) and 716(2)(c) of the Act, this Division sets out the circumstances in which the Titles Administrator or responsible Commonwealth Minister may:\n\n (a) make publicly known any details of a petroleum mining sample; or\n\n (b) permit a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect a petroleum mining sample.\n\n","sortOrder":173},{"sectionNumber":"158","sectionType":"section","heading":"Release of petroleum mining samples after relevant day","content":"158  Release of petroleum mining samples after relevant day\n\n (1) The Titles Administrator or responsible Commonwealth Minister may make publicly known details of a petroleum mining sample or permit a person to inspect the sample if the relevant day for the sample has passed.\n\n (2) The relevant day for a petroleum mining sample that relates to a regulated operation described in column 1 of an item of the following table is the day specified in column 2 of the item.\n\n \n\n- Relevant day for petroleum mining samples\n- Item Column 1If the sample relates to a regulated operation that was conducted under … Column 2the relevant day is …\n- 1 a petroleum title that is still in force the day that is 2 years after the end of the operation\n- 2 a petroleum title that:(a) has expired; or(b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title the day of the expiry, surrender, cancellation, revocation or termination of the petroleum title\n\n","sortOrder":174},{"sectionNumber":"159","sectionType":"section","heading":"Release of petroleum mining samples—prior availability or consent","content":"159  Release of petroleum mining samples—prior availability or consent\n\n (1) Subject to subsection (2), the Titles Administrator or responsible Commonwealth Minister may make publicly known any details of a petroleum mining sample or permit a person to inspect the sample if:\n\n (a) the petroleum titleholder who gave the sample to the Titles Administrator has made publicly known those details of the sample; or\n\n (b) the petroleum titleholder who gave the sample to the Titles Administrator has caused to be made publicly known those details of the sample; or\n\n (c) the petroleum titleholder who gave the sample to the Titles Administrator has consented in writing to details of the sample being made publicly known or to the sample being made available for inspection, as the case may be.\n\n (2) If a petroleum mining sample from a block was given to the Titles Administrator under a petroleum special prospecting authority, a petroleum access authority or a petroleum scientific investigation consent, subsection (1) only applies if the sample was obtained during a period when no permit, lease or licence was in force over the block.\n\n","sortOrder":175},{"sectionNumber":"Part 9","sectionType":"part","heading":"Data management—greenhouse gas titleholders","content":"Part 9—Data management—greenhouse gas titleholders\n\n","sortOrder":176},{"sectionNumber":"160","sectionType":"section","heading":"Simplified outline of this Part","content":"160  Simplified outline of this Part\n\nThis Part sets out requirements:\n\n (a) for and in relation to greenhouse gas titleholders keeping accounts, records and other documents in connection with operations in an offshore area; and\n\n (b) for and in relation to greenhouse gas titleholders collecting and retaining cores, cuttings and samples in connection with operations in an offshore area; and\n\n (c) for greenhouse gas titleholders to give reports, cores, cuttings and samples to the Titles Administrator.\n\n","sortOrder":177},{"sectionNumber":"161","sectionType":"section","heading":"Purpose of Division","content":"161  Purpose of Division\n\n  This Division is made for the purposes of paragraph 724(1)(a) of the Act, and sets out requirements for and in relation to greenhouse gas titleholders keeping accounts, records and other documents in connection with operations in an offshore area.\n\n","sortOrder":178},{"sectionNumber":"162","sectionType":"section","heading":"Requirement to securely retain information","content":"162  Requirement to securely retain information\n\n (1) A greenhouse gas titleholder must:\n\n (a) securely retain any accounts, records or other documents that the titleholder keeps in connection with an operation in an offshore area; and\n\n (b) do so in such a way that makes retrieval of the accounts, records or other documents reasonably practicable.\n\n","sortOrder":179},{"sectionNumber":"163","sectionType":"section","heading":"Purpose of Division","content":"163  Purpose of Division\n\n  This Division is made for the purposes of paragraphs 724(1)(b) and (c) of the Act, and sets out requirements for and in relation to greenhouse gas titleholders:\n\n (a) collecting and retaining cores, cuttings and samples in connection with operations in an offshore area; and\n\n (b) if cores, cutting or samples are sent outside Australia—giving certain reports, cores, cuttings or samples to the Titles Administrator.\n\n","sortOrder":180},{"sectionNumber":"164","sectionType":"section","heading":"Requirement to retain core, cutting or sample","content":"164  Requirement to retain core, cutting or sample\n\n (1) A greenhouse gas titleholder must:\n\n (a) securely retain any core, cutting or sample that the titleholder collects in connection with an operation in an offshore area; and\n\n (b) do so in such a way that makes retrieval of the core, cutting or sample reasonably practicable.\n\n","sortOrder":181},{"sectionNumber":"165","sectionType":"section","heading":"General requirement to retain core, cutting or sample in Australia","content":"165  General requirement to retain core, cutting or sample in Australia\n\nCore, cutting or sample must generally be kept in Australia\n\n (1) A greenhouse gas titleholder must retain a core, cutting or sample in Australia if:\n\n (a) the titleholder undertakes an operation in an offshore area; and\n\n (b) the titleholder collects the core, cutting or sample in connection with the operation.\n\n (2) Subsection (1) does not apply to a greenhouse gas titleholder if:\n\n (a) the core, cutting or sample is taken or sent outside Australia by, or on behalf of, the greenhouse gas titleholder; and\n\n (b) the titleholder gives a written notice to the Titles Administrator in accordance with subsection (3).\n\nNote: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).\n\n (3) For the purposes of paragraph (2)(b), the notice must:\n\n (a) be given to the Titles Administrator before the end of the day that is immediately after the day that the core, cutting or sample was taken or sent out of Australia; and\n\n (b) state that the titleholder has taken or sent, or will take or send, the core, cutting or sample out of Australia; and\n\n (c) specify the location outside Australia where the core, cutting or sample will be stored; and\n\n (d) describe what analysis will be conducted on the core, cutting or sample; and\n\n (e) state whether the analysis will involve the destruction of the core, cutting or sample or a part of the core, cutting or sample.\n\n (4) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).\n\n (5) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).\n\nTitles Administrator may request return of core, cutting or sample\n\n (a) a core, cutting or sample is taken outside Australia by, or on behalf of, a greenhouse gas titleholder; and\n\n (b) the titleholder does not give the Titles Administrator a written notice in accordance with subsection (3);\n\nthe Titles Administrator may, in writing, request that the titleholder ensure that the core, cutting or sample is returned to Australia within a reasonable period specified in the request.\n\n (7) The titleholder must comply with the request.\n\n (8) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (7).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (9) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (7).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":182},{"sectionNumber":"166","sectionType":"section","heading":"Requirement to return core, cutting or sample to Australia","content":"166  Requirement to return core, cutting or sample to Australia\n\n (a) a greenhouse gas titleholder undertakes an operation in an offshore area; and\n\n (b) the titleholder collects a core, cutting or sample in connection with the operation; and\n\n (c) the core, cutting or sample is taken or sent by the titleholder, or on behalf of the titleholder, for analysis outside Australia.\n\n (2) The greenhouse gas titleholder must ensure that the core, cutting or sample that remains after the analysis is completed is returned to Australia within:\n\n (a) if the titleholder gave written notice to the Titles Administrator in accordance with subsection 165(3) in relation to the core, cutting or sample:\n\n (b) otherwise—within 12 months of the day that the core, cutting or sample was taken or sent outside Australia.\n\n (3) Subsection (2) does not apply to a greenhouse gas titleholder if the core, cutting or sample is destroyed as part of the analysis of the core, cutting or sample.\n\nNote: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":183},{"sectionNumber":"167","sectionType":"section","heading":"Requirement to provide report about analysis of core, cutting or sample conducted overseas","content":"167  Requirement to provide report about analysis of core, cutting or sample conducted overseas\n\n (a) a greenhouse gas titleholder collects a core, cutting or sample in connection with an operation in an offshore area; and\n\n (b) the core, cutting or sample is taken or sent by the titleholder, or on behalf of the titleholder, for analysis outside Australia.\n\nRequirement to provide analysis report\n\n (2) The titleholder must give the Titles Administrator a report (an analysis report) that includes the information specified in subsection (3) within:\n\n (a) if the titleholder notified the Titles Administrator in accordance with subsection 165(3) in relation to the core, cutting or sample:\n\n (b) otherwise—12 months after the day that the core, cutting or sample was taken or sent outside Australia.\n\n (3) For the purposes of subsection (2), an analysis report must include the following information:\n\n (a) a summary of the analysis undertaken on the core, cutting or sample;\n\n (b) all raw data produced from the analysis, including all raw data in relation to slides, thin sections or residues produced;\n\n (c) details of all results produced from, and conclusions drawn from, the analysis and raw data.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":184},{"sectionNumber":"168","sectionType":"section","heading":"Requirement to provide certain samples produced from overseas analysis","content":"168  Requirement to provide certain samples produced from overseas analysis\n\n (a) a greenhouse gas titleholder collects a core, cutting or sample (the principal core, cutting or sample) in connection with an operation in an offshore area; and\n\n (b) the principal core, cutting or sample is taken or sent by the titleholder, or on behalf of the titleholder, for analysis outside Australia; and\n\n (c) any of the following samples (each of which is a secondary sample) are produced as a result of the analysis of the principal core, cutting or sample:\n\n (i) a palynological slide, residue or thin section;\n\n (ii) any paleontological material;\n\n (iii) a petrological slide or thin section.\n\nNote: See section 185 for requirements in relation to the giving of certain cores, cuttings and samples.\n\n (2) The greenhouse gas titleholder must give each secondary sample produced to the Titles Administrator:\n\n (a) if the titleholder gave written notice to the Titles Administrator in accordance with subsection 165(3) in relation to the principal core, cutting or sample:\n\n (b) otherwise—12 months after the day that the principal core, cutting or sample was taken or sent outside Australia.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":185},{"sectionNumber":"169","sectionType":"section","heading":"Purpose of Division","content":"169  Purpose of Division\n\n  This Division is made for the purposes of paragraph 724(1)(c) of the Act, and sets out requirements for greenhouse gas titleholders to give reports, other documents, cores, cuttings or samples to the Titles Administrator.\n\n","sortOrder":186},{"sectionNumber":"170","sectionType":"section","heading":"Requirement for daily drilling report","content":"170  Requirement for daily drilling report\n\n (1) A greenhouse gas titleholder who undertakes drilling operations in the title area on a day (an operation day) must give the Titles Administrator a report (a daily drilling report) that includes the information specified in subsection (2) by midday on the first business day after the operation day.\n\n (2) For the purposes of subsection (1), a daily drilling report must include the following information:\n\n (a) the name of the well or borehole associated with the drilling operations;\n\n (b) the date of the operation day to which the report relates;\n\n (c) the location of the well by latitude and longitude;\n\n (e) the water depth at the well;\n\n (f) the drilled depth of the well;\n\n (h) the spud date of the well;\n\n (j) the bit diameter and size, in either inches or centimetres, that is being used in the drilling operations;\n\n (k) the casing diameter and size, in either inches or centimetres;\n\n (l) the mud type and weight;\n\n (m) a description of the work carried out on the operation day;\n\n (n) a summary of the materials used on the operation day;\n\n (o) details of drilling fluid losses on the operation day;\n\n (p) a leak off test summary;\n\n (q) the geometry of the well bore;\n\n (r) the estimated daily and cumulative well costs.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":187},{"sectionNumber":"171","sectionType":"section","heading":"Requirement for daily geological report","content":"171  Requirement for daily geological report\n\n (1) If a greenhouse gas titleholder:\n\n (a) undertakes drilling operations in the title area on a day (an operation day); and\n\n (b) generates or obtains geological information on the operation day in relation to the drilling operations;\n\nthe titleholder must give the Titles Administrator a daily geological report by midday on the first business day after the operation day.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nDefinitions\n\n (4) In this section:\n\ndaily geological report means a report that includes the following information:\n\n (a) all geological information generated or obtained on the operation day;\n\n (b) the name of the well or borehole associated with the drilling operations;\n\n (c) the date of the operation day to which the report relates;\n\n (e) the purpose of the well (for example, development, appraisal or exploration);\n\n (f) a description of the work carried out on the operation day;\n\n (g) the water depth at the well;\n\n (h) the drilled depth of the well;\n\n (i) any other information the titleholder considers relevant.\n\ngeological information means any of the following:\n\n (a) information about the lithology of formations penetrated;\n\n (b) details of any indication of hydrocarbons encountered;\n\n (c) details of the gas summary (including details of background gas or trip gas);\n\n (d) the estimated depth of the formation or reservoir top or tops;\n\n (e) if the formation or reservoir has been encountered on or before the operation day—the actual depth of the formation or reservoir top or tops;\n\n (f) the estimated or measured formation or reservoir pressure;\n\n (g) information about any testing conducted on the operation day, including a description of the equipment used to conduct the testing;\n\n (h) information about any surveys conducted on the operation day;\n\n (i) information about any samples collected on the operation day.\n\n","sortOrder":188},{"sectionNumber":"172","sectionType":"section","heading":"Requirement for initial well completion report and data","content":"172  Requirement for initial well completion report and data\n\n (1) This section applies if a greenhouse gas titleholder undertakes drilling operations in the title area.\n\n (2) The greenhouse gas titleholder must give the Titles Administrator a report (an initial well completion report), that includes the information specified in the table in subsection (6), and all initial well completion data within:\n\n (a) 12 months after the rig release date; or\n\n (b) if the Titles Administrator agrees, in writing, to another period—within that other period.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nInitial well completion data\n\n (5) For the purposes of this section, initial well completion data means each of the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:\n\n (a) raw data, edited field data and processed data for all wireline logs, measurements while drilling (MWD) logs or logging while drilling (LWD) logs;\n\n (b) log displays;\n\n (c) edited field data and processed data for borehole deviation surveys;\n\n (d) mudlogging data;\n\n (e) mudlog display;\n\n (f) data from velocity surveys (if generated) including:\n\n (i) raw data; and\n\n (ii) processed data; and\n\n (iii) checkshot and time/depth analysis;\n\n (g) velocity survey displays;\n\n (h) photography of the core and sidewall core, in both natural and UV light.\n\n (6) For the purposes of subsection (2), an initial well completion report must include the information specified in the following table.\n\n \n\n- Information for initial well completion reports\n- 3 The location of the well, in the form of:(a) latitude and longitude; and(b) map sheet name and graticular block number; and(c) seismic line location and shotpoint number; and(d) geographic coordinates and the related datum used in reference to the coordinates\n- 8 The names of the contractors for:(a) cementing; and(b) wireline logging; and(c) measurements while drilling (MWD); and(d) logging while drilling (LWD); and(e) mudlogging\n- 13 Either:(a) the spud date; or(b) if the well is a sidetrack—the kick off date\n- 20 If applicable, the depth of perforation in the storage formation\n- 22 If the well is deviated or horizontal:(a) the surveyed path of the well, including the geographic coordinates of the path and the related datum used in reference to the coordinates; and(b) the geographic coordinates of the bottom of the well bore; and(c) if applicable, the geographic coordinates and true vertical depth of the intersection of the well with the storage formation\n- 28 The results of a check survey of the location of:(a) for a subsea well—the wellhead; or(b) in any other case—the top of the casing supporting the blow‑out preventer\n- 29 The outcome of the well operation (for example, completion of the well as an injector, suspension or permanent abandonment)\n- 30 List of cores, cuttings and samples collected, and their depths and intervals\n- 31 List of hydrocarbon and water samples collected\n- 32 As an appendix to the report, all daily drilling reports given to the Titles Administrator under section 170 in relation to the well\n- 33 As an appendix to the report, any end of well reports provided to the titleholder by a contractor in relation to the well\n- 34 As an appendix to the report, all daily geological reports given to the Titles Administrator under section 171 in relation to the well, with the following information removed or redacted from the daily geological reports:(a) the actual depth of the formation or reservoir top or tops;(b) the estimated or measured formation or reservoir pressure\n- 35 Well test reporting and associated digital data\n\n \n\n","sortOrder":189},{"sectionNumber":"173","sectionType":"section","heading":"Requirement for final well completion report and data","content":"173  Requirement for final well completion report and data\n\n (1) This section applies if a greenhouse gas titleholder undertakes drilling operations in the title area.\n\n (2) The greenhouse gas titleholder must give the Titles Administrator a report (a final well completion report), that includes the information specified in the table in subsection (6), and all final well completion data within:\n\n (a) 18 months after the rig release date; or\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nFinal well completion data\n\n (5) For the purposes of this section, final well completion data means each of the following types of data presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:\n\n (a) interpretative log analysis;\n\n (b) composite well log;\n\n (c) well index sheet;\n\n (d) petrophysical, geochemical or other sample analyses.\n\n (6) For the purposes of subsection (2), a final well completion report must include the information specified in the following table.\n\n \n\n- Information for final well completion reports\n- 3 The location of the well, in the form of:(a) latitude and longitude; and(b) map sheet name and graticular block number; and(c) seismic line location and shotpoint number; and(d) geographic coordinates and the related datum used in reference to the coordinates\n- 8 The names of the contractors for:(a) cementing; and(b) wireline logging; and(c) measurements while drilling (MWD); and(d) logging while drilling (LWD); and(e) mudlogging\n- 13 Either:(a) the spud date of the well; or(b) if the well is a sidetrack—the kick off date of the sidetrack\n- 20 If applicable, the depth of perforation in the storage formation\n- 22 If the well is deviated or horizontal:(a) the surveyed path of the well, including the geographic coordinates of the path and the related datum used in reference to the coordinates; and(b) the geographic coordinates of the bottom of the well bore; and(c) if applicable, the geographic coordinates and true vertical depth of the intersection of the well with the storage formation\n- 28 The results of a check survey of the location of:(a) for a subsea well—the wellhead; or(b) in any other case—the top of the casing supporting the blow‑out preventer\n- 29 List of cores, cuttings and samples collected, and their depths and intervals\n- 30 The outcome of the well operation (for example, completion of the well as an injector, suspension or permanent abandonment of the well)\n- 31 Details of any hydrocarbon indications\n- 32 The measured depth and true vertical depth of marker horizons or formation tops\n- 33 Geological interpretations of the observations made as a result of drilling the well, including:(a) lithology; and(b) stratigraphy; and(c) storage formation properties and quality; and(d) geochemistry of formation rocks (if available); and(e) environment of deposition (if available)\n- 34 Wireline formation test results\n- 35 Injection test results\n- 36 Core analysis\n- 37 If the well is an exploration well:(a) the relevance of the observations and interpretations to the evaluation of the greenhouse gas storage potential of the area; and(b) if observations of hydrocarbons are made—the relevance of the observations and interpretations of those observations to the evaluation of the hydrocarbon potential of the area\n- 38 Any conclusions or interpretations drawn from analysis of the final well completion data\n- 39 As an appendix to the report, any end of well reports provided to the titleholder by a contractor in relation to the well, that have not otherwise been provided to the Titles Administrator\n\n \n\n","sortOrder":190},{"sectionNumber":"174","sectionType":"section","heading":"Requirement for weekly survey report","content":"174  Requirement for weekly survey report\n\n (2) The greenhouse gas titleholder must give the Titles Administrator a report (a weekly survey report), that includes the information specified in subsection (3), as soon as practicable after the end of each week of the survey.\n\n (3) For the purposes of subsection (2), a weekly survey report must include the following information:\n\n (b) the title under which the survey is being conducted;\n\n (d) if a contractor is conducting the survey for or on behalf of the titleholder—the name of the contractor;\n\n (e) if a vessel or aircraft was used to conduct the survey or part of the survey during the week—the name of the vessel or aircraft;\n\n (f) if the survey was wholly or partly conducted using another means during the week—a description of how the survey or part of the survey was conducted;\n\n (g) a georeferenced map showing where the survey was conducted during the week;\n\n (h) the number of kilometres or square kilometres for which data was acquired during the week;\n\n (i) the number of points at which data was acquired during the week;\n\n (j) the number of lines of data acquired during the week;\n\n (k) the amount of downtime during the week due to equipment problems, bad weather or other circumstances;\n\n (l) the percentage of the survey completed at the end of the week.\n\nNote: Notice of a geophysical or geological survey is required under section 226. There must also be an environment plan that is in force for the survey: see Part 4 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023.\n\nWeek of the survey\n\n (6) For the purposes of this section, week of the survey means:\n\n (a) the week starting on the first day of data acquisition; and\n\n (b) each subsequent week.\n\n","sortOrder":191},{"sectionNumber":"175","sectionType":"section","heading":"Requirement for survey acquisition report and data","content":"175  Requirement for survey acquisition report and data\n\n (2) The greenhouse gas titleholder must give the Titles Administrator a report (a survey acquisition report), that includes the information specified in subsection (3), and all survey acquisition data for the survey within:\n\n (a) 18 months after the day that the acquisition of the data is completed; or\n\n (3) For the purposes of subsection (2), a survey acquisition report must include the following information:\n\n (d) the name of the contractor that conducted the survey;\n\n (e) if a vessel or aircraft was used to conduct the survey or part of the survey—the name of the vessel or aircraft;\n\n (f) if the survey was wholly or partly conducted using another means—a description of how the survey or part of the survey was conducted;\n\n (g) a georeferenced map of where the survey was conducted;\n\n (h) the dates on which the survey started and ended;\n\n (i) the line numbering convention;\n\n (j) details of all data acquisition equipment and systems used;\n\n (k) details of all positioning and navigation equipment and systems used;\n\n (l) the number of lines of data acquired in the survey and the number of data acquisition points along each line;\n\n (m) navigation data for the survey, in the form of:\n\n (iii) for any other survey—a polygon outline;\n\n (n) the geometry of the acquisition parameters;\n\n (o) the results of any onboard data processing;\n\n (p) the results of any system tests, calibrations and diagnostics.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nSurvey acquisition data\n\n (6) For the purposes of this section, survey acquisition data means either:\n\n (a) for a 2‑dimensional or 3‑dimensional seismic survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:\n\n (i) raw navigation data;\n\n (ii) seismic field data;\n\n (iii) seismic support data;\n\n (iv) itemised field tape listing showing tape number, survey name, line number, shotpoint range and data type; or\n\n (b) for any other type of survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:\n\n (i) field data;\n\n (ii) field support and navigation data.\n\n","sortOrder":192},{"sectionNumber":"176","sectionType":"section","heading":"Requirement for survey processing report and data","content":"176  Requirement for survey processing report and data\n\n (2) The greenhouse gas titleholder must give the Titles Administrator a report (a survey processing report), that includes the information specified in subsection (3), and all processed survey data within:\n\n (a) 24 months after the day that the acquisition of the data is completed; or\n\n (3) For the purposes of subsection (2), a survey processing report must include the following information:\n\n (d) the dates on which processing of the survey data started and ended;\n\n (e) the name of the processing contractor;\n\n (f) the purpose of the processing;\n\n (g) a summary of the data acquisition parameters;\n\n (h) details of all the processing sequences and techniques used;\n\n (i) a sample Extended Binary Coded Decimal Interchange Code (EBCDIC) header from the final data set;\n\n (j) listings of all processed data;\n\n (k) for a seismic survey—a description of the position of the survey polygon.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nProcessed survey data\n\n (6) For the purposes of this section, processed survey data means:\n\n (a) for a 2‑dimensional seismic survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:\n\n (ii) raw and final migrated data, including pre‑stack time migration, pre‑stack depth migration and near/mid/far sub‑stacks;\n\n (v) data for both stacked and migrated velocities, including line number, shotpoint and time versus root mean square pairs;\n\n (vi) itemised process tape listing showing tape number, survey name, line number, shotpoint range, common depth points and data type; or\n\n (b) for a 3‑dimensional seismic survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:\n\n (ii) raw and final migrated data, including pre‑stack time migration, pre‑stack depth migration and near/mid/far sub‑stacks;\n\n (iv) final navigation data in the form of final processed (grid) bin coordinates and polygonal position data (outline of the full fold area);\n\n (vi) if the 3‑dimensional survey collected data as non‑exclusive data—a 2D data subset;\n\n (vii) itemised process tape listing showing tape number, survey name, in‑lines and crosslines and data type; or\n\n (c) for any other type of survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:\n\n","sortOrder":193},{"sectionNumber":"177","sectionType":"section","heading":"Requirement for survey interpretation report and data","content":"177  Requirement for survey interpretation report and data\n\n (a) a greenhouse gas titleholder conducts a geophysical or geological survey in the title area; or\n\n (b) in compliance with a condition of the title, a greenhouse gas titleholder licenses geophysical or geological survey data, from another person, that was collected from a geophysical or geological survey conducted in the title area.\n\n (2) The greenhouse gas titleholder must give the Titles Administrator a report (a survey interpretation report), that includes the information specified in subsection (3), and all interpretative survey data within:\n\n (a) if the titleholder conducts a geophysical or geological survey—30 months after the day that the acquisition of the data is completed; or\n\n (b) if the titleholder licences data from another person—30 months after the day that the data is licensed; or\n\n (c) if the Titles Administrator agrees, in writing, to another period—that other period.\n\n (3) For the purposes of subsection (2), a survey interpretation report must include the following information:\n\n (d) a description of the objectives of the interpretation of the interpretive survey data;\n\n (e) for a seismic survey:\n\n (iii) a description of the velocity field used to convert domain and the basis for the velocity field; and\n\n (f) a bathymetric map of the survey area;\n\n (g) an index of the maps created during the interpretation.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nInterpretative survey data\n\n (6) For the purposes of this section, interpretative survey data means the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:\n\n","sortOrder":194},{"sectionNumber":"178","sectionType":"section","heading":"Requirement for survey reprocessing report and data","content":"178  Requirement for survey reprocessing report and data\n\n (1) This section applies if a greenhouse gas titleholder undertakes a reprocessing project under which data collected from, or generated in relation to, one or more surveys is reprocessed in compliance with a condition of the title.\n\n (2) The titleholder must give the Titles Administrator a report (a survey reprocessing report), that includes the information specified in subsection (3), and all reprocessed survey data within:\n\n (a) 24 months after the day that the reprocessing of the data commenced; or\n\n (3) For the purposes of subsection (2), a survey reprocessing report must include the following information:\n\n (e) if a contractor reprocessed the data for or on behalf of the titleholder—the name of the contractor;\n\n (f) the dates on which reprocessing of the survey data started and ended;\n\n (g) the types of reprocessing undertaken and the purpose of the reprocessing;\n\n (h) a summary of the data acquisition parameters of each survey;\n\n (i) details of all the processing sequences and techniques used;\n\n (j) listings of all reprocessed survey data;\n\n (k) a sample Extended Binary Coded Decimal Interchange Code (EBCDIC) header from the final data set;\n\n (l) for 2‑dimensional survey data—line ends and bends;\n\n (m) for 3‑dimensional survey data—bin grid information and a description of the position of the survey polygon.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nReprocessed survey data\n\n (6) For the purposes of this section, reprocessed survey data means:\n\n (a) for a 2‑dimensional seismic survey—each of the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:\n\n (v) data for both stacked and migrated velocities, including line number, shotpoint and time versus root mean square pairs;\n\n (vi) itemised tape listing showing tape number, survey name, line number, shotpoint range, common depth points and data type; or\n\n (b) for a 3‑dimensional seismic survey—each of the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:\n\n (iv) final navigation data in the form of final (grid) bin coordinates and polygonal position data (outline of the full fold area);\n\n (vi) itemised tape listing showing tape number, survey name, in‑lines and crosslines and data type; or\n\n (c) for any other type of survey—each of the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:\n\n","sortOrder":195},{"sectionNumber":"179","sectionType":"section","heading":"Requirement for survey reprocessing interpretation report and data","content":"179  Requirement for survey reprocessing interpretation report and data\n\n (1) This section applies if a greenhouse gas titleholder undertakes a reprocessing project under which data collected from, or generated in relation to, one or more surveys is reprocessed in compliance with a condition of the title.\n\n (2) The greenhouse gas titleholder must give the Titles Administrator a report (a survey reprocessing interpretation report), that includes the information specified in subsection (3), and all interpretative survey reprocessing data within:\n\n (a) 30 months after the day that the reprocessing of the data commenced; or\n\n (3) For the purposes of subsection (2), a survey reprocessing interpretation report must include the following information:\n\n (e) a description of the objectives of the interpretation;\n\n (f) for a seismic survey:\n\n (iii) the velocity field used to convert domain and the basis for the velocity field; and\n\n (g) a bathymetric map of the reprocessed area;\n\n (h) an index of the maps created during the interpretation.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nInterpretative survey reprocessing data\n\n (6) For the purposes of this section, interpretative survey reprocessing data means the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:\n\n","sortOrder":196},{"sectionNumber":"180","sectionType":"section","heading":"Requirement for daily workover report","content":"180  Requirement for daily workover report\n\n (1) A greenhouse gas titleholder who undertakes workover operations in the title area on a day (a workover day) must give the Titles Administrator a report (a daily workover report), that includes the information specified in subsection (2), by midday on the first business day after the workover day.\n\n (2) For the purposes of subsection (1), a daily workover report must include the following information:\n\n (a) the name of the well associated with the workover operations undertaken on the workover day;\n\n (b) the location of the well by latitude and longitude;\n\n (c) the date of the report and the report number;\n\n (e) the purpose of the workover operations, and the type and phase of intervention;\n\n (f) the water depth at the well;\n\n (h) the re‑entry date;\n\n (j) the well casing diameter, in either inches or centimetres;\n\n (k) mud type and weight;\n\n (l) details of any well integrity operations carried out on the workover day;\n\n (m) details of any changes made to well zones on the workover day;\n\n (n) details of any equipment replacement and installation carried out on the workover day;\n\n (o) details of data acquired on the workover day;\n\n (p) details of any wireline work carried out on the workover day;\n\n (q) the estimated daily and cumulative well costs;\n\n (r) any other information the titleholder considers relevant.\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nSubdivision F—Other reports for greenhouse gas injection licensees\n\n","sortOrder":197},{"sectionNumber":"181","sectionType":"section","heading":"Requirement for monthly greenhouse gas injection report","content":"181  Requirement for monthly greenhouse gas injection report\n\n (1) A greenhouse gas injection licensee must give the Titles Administrator a report (a monthly greenhouse gas injection report) for each calendar month, that includes the information specified in subsection (2), within 15 days after the last day of the calendar month.\n\n (2) For the purposes of subsection (1), a monthly greenhouse gas injection report must include the following information:\n\n (a) for each well, whether in or outside the licence area, used in relation to the injection of greenhouse gas substances into an identified greenhouse gas storage formation situated in the licence area:\n\n (i) the well’s identification name and number; and\n\n (ii) a summary of all work that has been performed on, or in relation to, the well during the month; and\n\n (iii) the results of any tests conducted during the month; and\n\n (iv) the well’s operational status at the end of the month; and\n\n (v) the average, maximum and minimum values during the month for injection pressure, temperature and flow rate, at both the wellhead and the bottom of the well bore; and\n\n (vi) if the well was shut at any time during the month—the shut‑in wellhead pressure; and\n\n (vii) the number of days of greenhouse gas injection during the month; and\n\n (viii) the total quantity of each greenhouse gas substance injected into the formation during the month; and\n\n (ix) the total quantity of water that has been produced from, or injected into, the formation during the month; and\n\n (x) the total quantity of each other substance injected into the formation during the month (if any) for the purposes of monitoring the location and movement of greenhouse gas substances in the formation; and\n\n (xi) any other data in relation to the well that was recorded for the purposes of monitoring the formation;\n\n (b) the total quantity of each greenhouse gas substance injected into each identified greenhouse gas storage formation situated in the licence area during the month;\n\n (c) the total quantity of water that has been produced from, or injected into, each identified greenhouse gas storage formation situated in the licence area during the month;\n\n (d) the average composition of each greenhouse gas substance injected into identified greenhouse gas storage formations situated in the licence area during the month, including the amount of any incidental greenhouse gas‑related substances;\n\n (e) the sources of the greenhouse gas substances injected during the month;\n\n (f) the estimated average pressure during the month of each identified greenhouse gas storage formation situated in the licence area.\n\nNote: Incidental greenhouse gas‑related substance is defined in section 23 of the Act.\n\n (3) A greenhouse gas injection licensee commits an offence of strict liability if the licensee contravenes subsection (1).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":198},{"sectionNumber":"182","sectionType":"section","heading":"Requirement for annual greenhouse gas injection report","content":"182  Requirement for annual greenhouse gas injection report\n\n (1) A greenhouse gas injection licensee must give the Titles Administrator a report (an annual greenhouse gas injection report) for each financial year, that includes the information specified in subsection (2), within 30 days after the last day of the financial year.\n\n (2) For the purposes of subsection (1), an annual greenhouse gas injection report must include the following information:\n\n (a) a description of:\n\n (i) each activity that the licensee carried out in, or in relation to, the licence area during the year in compliance with a condition of the licence; and\n\n (ii) the total expenditure incurred for the work during the year; and\n\n (iii) the results of maintenance operations and well bore integrity tests conducted during the year;\n\n (b) a description of each activity, and the total expenditure incurred for each activity, that the licensee carried out in, or in relation to, the licence area during the year in relation to the following:\n\n (i) the exploration for, and appraisal of, additional potential greenhouse gas storage formations or eligible greenhouse gas storage formations in the licence area;\n\n (ii) the exploration for, and appraisal of, additional potential greenhouse gas injection sites in the licence area;\n\n (iii) the development of any identified greenhouse gas storage formations or potential greenhouse gas injection sites in the licence area;\n\n (c) any key project milestones that occurred during the year;\n\n (d) a summary of the financial performance of the injection and storage of greenhouse gas substances in each identified greenhouse gas storage formation situated in the licence area during the year;\n\n (e) a description of the technical performance of injection into each identified greenhouse gas storage formation situated in the licence area during the year, including:\n\n (i) the amount of greenhouse gas substances injected during the year into each identified greenhouse gas storage formation situated in the licence area; and\n\n (ii) the amount of each substance produced from a reservoir during the year;\n\n (f) an injection forecast for each identified greenhouse gas storage formation for which an approved site plan is in force;\n\n (g) details about any of the following that are situated in the licence area:\n\n (i) potential greenhouse gas storage formations;\n\n (ii) eligible greenhouse gas storage formations;\n\n (iii) potential greenhouse gas injection sites;\n\n (h) if the year is not the first year of the term of the title for the licence—the following information about each identified greenhouse gas storage formation in the licence area for which a declaration under section 312 or 312A of the Act is in force:\n\n (i) a description of the formation;\n\n (ii) any new information relating to the evaluation of the formation;\n\n (iii) an estimate of the storage capacity of the formation at the end of the previous year of the term of the title;\n\n (iv) any new or revised technical and economic data upon which the estimate mentioned in subparagraph (iii) is based, including a report of any study carried out that has resulted in a revised estimate;\n\n (v) the cumulative quantity of water produced from the formation during the year;\n\n (vi) the cumulative quantity of water injected into the formation during the year;\n\n (i) a description of each activity, and the estimated expenditure for each activity, that the licensee intends to carry out in later years of the term of the title (or any other period during which the licence is in force) in relation to:\n\n (i) the exploration for, and appraisal of, additional potential greenhouse gas storage formations or eligible greenhouse gas storage formations in the licence area; and\n\n (ii) the development of any identified greenhouse gas storage formations in the licence area or the management of greenhouse gas storage formations in the licence area;\n\n (j) a description of the measures taken by the licensee to prepare for the activities that the licensee intends to carry out in the next year of the term of the title (if any);\n\n (k) for each identified greenhouse gas storage formation situated in the licence area—all data, results, conclusions and interpretations derived from monitoring activities conducted during the year, including an assessment of the consistency between the latest interpreted location and movement of the greenhouse gas substances injected against expected behaviour described in the approved site plan for the formation;\n\n (l) annual cash flow and capital expenditure forecasts for each year during which operations will be, or are expected to be, undertaken in relation to an identified greenhouse gas storage formation situated in the licence area (including operations relating to decommissioning);\n\n (m) the date on which the licensee estimates that greenhouse gas injection activities in the licence area will cease;\n\n (n) details of the licensee’s plans in relation to any wells that have been drilled in the licence area from the time the licence was granted until the end of year;\n\n (o) details of any insurance the licensee maintains in compliance with any condition of the licence requiring the maintenance of insurance;\n\n (p) details of any security that is taken to be in force under section 31 of the Act, including the form and the amount of the security;\n\n (q) any other information that is required to be included in the report by a condition of the licence;\n\n (r) a list of the reports submitted to the Titles Administrator in accordance with this instrument during the year.\n\nNote: Incidental greenhouse gas‑related substance is defined in section 23 of the Act.\n\n (3) A greenhouse gas injection licensee commits an offence of strict liability if the licensee contravenes subsection (1).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":199},{"sectionNumber":"183","sectionType":"section","heading":"Requirement for monthly greenhouse gas accounting report","content":"183  Requirement for monthly greenhouse gas accounting report\n\n (1) A greenhouse gas injection licensee must give the Titles Administrator a report (a monthly greenhouse gas accounting report) for each calendar month, that includes the information specified in subsection (2), within 15 days after the last day of the calendar month.\n\n (2) For the purposes of subsection (1), a monthly greenhouse gas accounting report must include the following information:\n\n (a) a summary of each greenhouse gas injection and storage project in the licence area, including the following:\n\n (i) the location of each project;\n\n (ii) the arrangements for ongoing monitoring of the greenhouse gas substances injected into identified greenhouse gas storage formations in the licence area;\n\n (b) the fundamental suitability determinants of each identified greenhouse gas storage formation situated in the licence area;\n\n (c) details of each licence condition to which the licence is subject;\n\n (d) the quantity of greenhouse gas substances that have been put into the system, as measured at:\n\n (i) the source of the greenhouse gas substances; or\n\n (ii) if the greenhouse gas substances become the responsibility of the licensee at a point other than its source—that point;\n\n (e) the quantity of greenhouse gas substances measured at the last measuring point before injection;\n\n (f) the average composition of each greenhouse gas substance injected into identified greenhouse gas storage formations situated in the licence area during the month, including the amount of any incidental greenhouse gas‑related substances;\n\n (g) the maximum and minimum injection rates during the month;\n\n (h) the quantity of the greenhouse gas substances lost, and emissions of additional greenhouse gases generated, during the month in each of the following processes:\n\n (i) compression;\n\n (ii) transportation;\n\n (iii) injection;\n\n (i) the quantity of greenhouse gas substances lost from any well bore during the month;\n\n (j) the quantity of greenhouse gas substances lost from the storage formation during the month;\n\n (k) the quantity of greenhouse gases emitted from the discharge of produced formation fluids during the month;\n\n (l) an explanation of how each of the quantities mentioned in paragraphs (h) to (k) were worked out.\n\nNote 1: The responsible Commonwealth Minister or the Titles Administrator must make the information in the report publicly known within 15 days after the Titles Administrator receives the report: see section 201.\n\nNote 2: Incidental greenhouse gas‑related substance is defined in section 23 of the Act.\n\n (3) A greenhouse gas injection licensee commits an offence of strict liability if the licensee contravenes subsection (1).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":200},{"sectionNumber":"184","sectionType":"section","heading":"Requirement for annual greenhouse gas accounting report","content":"184  Requirement for annual greenhouse gas accounting report\n\n (1) A greenhouse gas injection licensee must give the Titles Administrator a report (an annual greenhouse gas accounting report) for each financial year, that includes the information specified in subsection (2), within 4 months after the last day of the financial year.\n\n (2) For the purposes of subsection (1), an annual greenhouse gas accounting report must include the following information:\n\n (a) for each greenhouse gas injection and storage project in the licence area, a summary of the project that includes the following:\n\n (i) the location of the project;\n\n (ii) the arrangements for ongoing monitoring of the behaviour of greenhouse gas substances injected into the identified greenhouse gas storage formation concerned;\n\n (b) the fundamental suitability determinants of each identified greenhouse gas storage formation situated in the licence area;\n\n (c) details of each licence condition to which the licence is subject;\n\n (d) the quantity of greenhouse gas substances injected into each greenhouse gas storage formation situated in the licence area during the year;\n\n (e) the cumulative quantity of greenhouse gas substances stored in all greenhouse gas storage formations situated in the licence area as at the end of the year;\n\n (f) the quantity of the greenhouse gas substances lost, and emissions of additional greenhouse gases generated, during the year in each of the following processes:\n\n (i) compression;\n\n (ii) transportation;\n\n (iii) injection;\n\n (g) the quantity of greenhouse gas substances lost from any well bore during the year;\n\n (h) the quantity of greenhouse gas substances lost from each identified greenhouse gas storage formation situated in the licence area during the year;\n\n (i) an explanation of how each of the quantities mentioned in paragraphs (f) to (h) were worked out;\n\n (j) an assessment of the accuracy of the measurement or estimation of the quantities of the greenhouse gas substances mentioned in paragraphs (d) to (h);\n\n (k) a description of activities undertaken during the year to monitor:\n\n (i) the behaviour of greenhouse gas substances stored in each identified greenhouse gas storage formation situated in the licence area; and\n\n (ii) the loss of greenhouse gas substances from each identified greenhouse gas storage formation situated in the licence area; and\n\n (iii) the loss of greenhouse gas substances during transportation and injection; and\n\n (iv) the loss of greenhouse gas substances from well bores in connection with identified greenhouse gas storage formations in the licence area;\n\n (l) in relation to the activities undertaken during the year to monitor the behaviour of greenhouse gas substances stored in each identified greenhouse gas storage formation situated in the licence area:\n\n (i) the results of those monitoring activities; and\n\n (ii) the interpretation of those results, including whether the greenhouse gas substances are behaving as predicted in the approved site plan for the identified greenhouse gas storage formation concerned.\n\nNote: The responsible Commonwealth Minister or the Titles Administrator must make the information in the report publicly known within 30 days after the Titles Administrator receives the report: see section 201.\n\n (3) A greenhouse gas injection licensee commits an offence of strict liability if the licensee contravenes subsection (1).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\nSubdivision G—Cores, cuttings and samples\n\n","sortOrder":201},{"sectionNumber":"185","sectionType":"section","heading":"Requirement to give certain cores, cuttings or samples","content":"185  Requirement to give certain cores, cuttings or samples\n\n (1) This section applies if a greenhouse gas titleholder:\n\n (b) collects a kind of core, cutting or sample mentioned in column 1 of an item of the table in subsection (4).\n\nSpecified quantity of core, cutting or sample must be given if available\n\n (2) If the quantity of the core, cutting or sample specified in column 2 of the item is available to the greenhouse gas titleholder, the titleholder must give that specified quantity to the Titles Administrator:\n\n (a) before the end of the day specified in column 3 of the item; or\n\n (b) if the Titles Administrator agrees, in writing, to another time—before that time.\n\nNote: Division 3 sets out requirements for the collection and retention of cores, cuttings and samples.\n\n (3) Subsection (2) does not apply to a greenhouse gas titleholder if:\n\n (a) the specified quantity of the core, cutting or sample is not available to the titleholder; and\n\n (c) the titleholder gives the Titles Administrator a written notice, before the end of the day specified in column 3 of the item, that includes the following information:\n\n (ii) the quantity of the core, cutting or sample that was recovered;\n\n (iii) the quantity (if any) of the core, cutting or sample that remains available to the titleholder; and\n\n (d) if a quantity of the core, cutting or sample remains available to the titleholder—the titleholder gives an agreed quantity of the remaining core, cutting or sample to the Titles Administrator:\n\n (i) before the end of the day specified in column 3 of the item; or\n\n (ii) if the Titles Administrator agrees, in writing, to another time—before that time.\n\nNote: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).\n\nTable of requirements in relation to cores, cuttings and samples\n\n (4) For the purposes of this section, requirements in relation to the giving of cores, cuttings and samples are set out in the following table.\n\n \n\n| Item | Column 1<br>Kind of core, cutting or sample | Column 2<br>Quantity of core, cutting or sample | Column 3<br>Time by which core, cutting or sample must be given |\n| --- | --- | --- | --- |\n| 1 | Ditch cuttings | 2 sets of 200 grams dry weight per sample interval | The day 12 months after the rig release date |\n| 2 | Full hole conventional cores | 1/3 of the core | The day 12 months after the rig release date |\n| 3 | Full hole conventional cores | 2/3 of the core | The day 18 months after the rig release date |\n| 4 | Gaseous hydrocarbon samples | 300 cm3 | The day 18 months after the rig release date |\n| 5 | Fluid hydrocarbon samples | 1 litre | Either:<br>(a) if the sample is collected during the drilling of a well—the day 18 months after the rig release date; or<br>(b) if the sample is collected during a test on a completed well—the day 18 months after the day that the sample is collected |\n| 6 | Sidewall core material | All material collected | The day 18 months after the rig release date |\n| 7 | Palynological slides, residues and thin sections, paleontological material and petrological slides and thin sections | All material collected | The day 18 months after the rig release date |\n\n \n\n (5) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (6) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":202},{"sectionNumber":"186","sectionType":"section","heading":"Titles Administrator may request other cores, cuttings or samples","content":"186  Titles Administrator may request other cores, cuttings or samples\n\n (1) This section applies if a greenhouse gas titleholder:\n\n (b) collects a kind of core, cutting or sample that is not mentioned in column 1 of an item in the table in subsection 185(4).\n\nTitles Administrator may request specified quantity of core, cutting or sample\n\n (2) The Titles Administrator may request that the greenhouse gas titleholder give a specified quantity of the core, cutting or sample to the Titles Administrator.\n\n (3) The request must:\n\n (b) set out the quantity of the core, cutting or sample that must be given; and\n\n (c) specify a reasonable period within which the core, cutting or sample must be given.\n\n (4) A greenhouse gas titleholder must comply with a request under subsection (2).\n\n (5) Subsection (4) does not apply if:\n\n (a) the quantity of the core, cutting or sample specified in the request is not available to the titleholder; and\n\n (c) the titleholder gives the Titles Administrator a written notice before the end of the period specified in the request that includes the following information:\n\n (ii) the total quantity of the core, cutting or sample that was recovered;\n\n (iii) the quantity (if any) of the core, cutting or sample that remains available to the titleholder.\n\nNote: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).\n\n (6) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (4).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (7) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (4).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":203},{"sectionNumber":"187","sectionType":"section","heading":"Titles Administrator may request information about reports etc.","content":"187  Titles Administrator may request information about reports etc.\n\nFurther information about reports\n\n (1) If a greenhouse gas titleholder gives a report to the Titles Administrator under this Part, the Titles Administrator may request the titleholder to provide further written information about any of the matters that, under this Part, must be included in the report.\n\n (3) A greenhouse gas titleholder must comply with a request under subsection (1).\n\nFurther information about data\n\n (4) If a greenhouse gas titleholder gives data to the Titles Administrator under this Part, the Titles Administrator may request that the titleholder provide further written information about the data.\n\n (5) The request must:\n\n (6) A greenhouse gas titleholder must comply with a request under subsection (4).\n\n (7) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (3) or (6).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (8) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (3) or (6).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":204},{"sectionNumber":"188","sectionType":"section","heading":"Titles Administrator may specify format or medium for data","content":"188  Titles Administrator may specify format or medium for data\n\n (1) The Titles Administrator may, in writing, specify either or both of the following for the purposes of any or all of the provisions listed in subsection (2):\n\n (a) the format in which a type of data must be presented;\n\n (b) the medium on which a type of data must be presented.\n\n (2) For the purposes of subsection (1), the provisions are as follows:\n\n (a) subsection 172(5);\n\n (b) subsection 173(5);\n\n (c) paragraph 175(6)(a);\n\n (d) paragraph 175(6)(b);\n\n (e) paragraph 176(6)(a);\n\n (f) paragraph 176(6)(b);\n\n (g) paragraph 176(6)(c);\n\n (h) subsection 177(6);\n\n (i) paragraph 178(6)(a);\n\n (j) paragraph 178(6)(b);\n\n (k) paragraph 178(6)(c);\n\n (l) subsection 179(6).\n\nNote: See section 214 for how documents must be given to the Titles Administrator.\n\n (3) The Titles Administrator must publish on the Titles Administrator’s website a copy of an instrument made under subsection (1).\n\n","sortOrder":205},{"sectionNumber":"Part 10","sectionType":"part","heading":"Release of technical information about greenhouse gas","content":"Part 10—Release of technical information about greenhouse gas\n\n","sortOrder":206},{"sectionNumber":"189","sectionType":"section","heading":"Simplified outline of this Part","content":"189  Simplified outline of this Part\n\nThis Part sets out how technical information and samples given by greenhouse gas titleholders to the Titles Administrator or the responsible Commonwealth Minister under the Act, or a legislative instrument made under the Act, may be made public.\n\n","sortOrder":207},{"sectionNumber":"190","sectionType":"section","heading":"Definitions","content":"190  Definitions\n\nbasic information means documentary information that is not interpretative information.\n\ndisclosable information means documentary information that is not permanently confidential information.\n\ndocumentary information has the meaning given by section 736 of the Act.\n\neligible sample has the meaning given by section 736 of the Act.\n\ninterpretative information has the meaning given by section 193.\n\npermanently confidential information has the meaning given by section 192.\n\n","sortOrder":208},{"sectionNumber":"191","sectionType":"section","heading":"Purpose of Division","content":"191  Purpose of Division\n\n  This Division is made for the purposes of paragraphs 738(2)(c) and 739(2)(c) of the Act\n\n","sortOrder":209},{"sectionNumber":"192","sectionType":"section","heading":"Meaning of permanently confidential information","content":"192  Meaning of permanently confidential information\n\n (1) This section sets out the 4 situations in which documentary information is permanently confidential information.\n\nExcluded information is permanently confidential\n\n (2) Despite anything else in this Division, excluded information is permanently confidential information.\n\nNote: Excluded information is defined in section 8.\n\nTitles Administrator classifies as permanently confidential\n\n (3) Documentary information given by a person to the Titles Administrator is permanently confidential information if the Titles Administrator considers the information to be:\n\n (a) a trade secret; or\n\n (b) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs.\n\n (4) Documentary information given by a person to the Titles Administrator is permanently confidential information if:\n\n (a) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as:\n\n (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs; and\n\n (b) the Titles Administrator did not give the person a written notice under subsection 194(1) disputing the classification.\n\nTitles Administrator disputes classification and objection is in force\n\n (5) Documentary information given by a person to the Titles Administrator is permanently confidential information if:\n\n (a) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as:\n\n (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs; and\n\n (b) the Titles Administrator gave the person a written notice under subsection 194(1) disputing the classification; and\n\n (ii) the person has made an objection in response to the notice mentioned in paragraph (b), and the objection has not ceased to be in force under section 199.\n\n","sortOrder":210},{"sectionNumber":"193","sectionType":"section","heading":"Meaning of interpretative information","content":"193  Meaning of interpretative information\n\n (1) This section sets out the 3 situations in which documentary information is interpretative information.\n\nTitles Administrator classifies as interpretative\n\n (2) Documentary information given by a person to the Titles Administrator is interpretative information if the Titles Administrator considers the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information.\n\n (3) Documentary information given by a person to the Titles Administrator is interpretative information if:\n\n (a) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and\n\n (b) the Titles Administrator did not give the person a written notice under subsection 194(2) disputing the classification.\n\nTitles Administrator disputes classification and objection to disclosure is in force\n\n (4) Documentary information given by a person to the Titles Administrator is interpretative information if:\n\n (a) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and\n\n (b) the Titles Administrator gave the person a written notice under subsection 194(2) disputing the classification; and\n\n (ii) the person has made an objection in response to the notice mentioned in paragraph (b), and the objection has not ceased to be in force under section 199.\n\n","sortOrder":211},{"sectionNumber":"194","sectionType":"section","heading":"Classification dispute notices","content":"194  Classification dispute notices\n\nPermanently confidential information—classification dispute notices\n\n (1) The Titles Administrator may give a person a written notice disputing the classification of documentary information as permanently confidential information if:\n\n (b) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as:\n\n (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs; and\n\n (c) the Titles Administrator does not consider the information to be:\n\n (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs.\n\nInterpretative information—classification dispute notices\n\n (2) The Titles Administrator may give a person a written notice disputing the classification of documentary information as interpretative information if:\n\n (b) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and\n\n (c) the Titles Administrator does not consider the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information.\n\nTiming of classification dispute notices\n\n (3) A notice under subsection (1) or (2) must be given within 30 days after the Titles Administrator receives the documentary information to which it relates.\n\nContents of classification dispute notices\n\n (4) A notice under subsection (1) must include the following:\n\n (a) a statement that the Titles Administrator considers the information to be disclosable information and proposes to treat it as disclosable information under this Part;\n\n (b) a statement inviting the person to make a written objection to the Titles Administrator’s proposal to treat the information as disclosable information;\n\n (d) a statement that, if the person does not make a written objection by the specified day, the information will be taken under this Part to be disclosable information.\n\n (5) A notice under subsection (2) must include the following:\n\n (a) a statement that the Titles Administrator considers the information to be basic information and proposes to treat it as basic information under this Part;\n\n (b) a statement inviting the person to make a written objection to the Titles Administrator’s proposal to treat the information as basic information;\n\n (d) a statement that, if the person does not make a written objection by the specified day, the information will be taken under this Part to be basic information.\n\n (6) For the purposes of paragraphs (4)(c) and (5)(c), the specified day must be at least 45 days after the day the notice is given.\n\nClassification dispute notices may be combined\n\n (7) If 2 or more notices under either or both of subsection (1) or (2) are to be given to the same person, the Titles Administrator may combine those notices into a single notice.\n\n","sortOrder":212},{"sectionNumber":"195","sectionType":"section","heading":"Making an objection","content":"195  Making an objection\n\n (1) If a person receives a notice from the Titles Administrator under section 194, the person may give the Titles Administrator an objection, in writing, to the proposed classification of the information.\n\n (2) The objection may relate to all of the information described in the notice, or a specified part of the information.\n\n (3) If the notice is given under both subsections 194(1) and (2), the objection must state whether the objection is:\n\n (a) on the ground that the information should be treated as permanently confidential information; or\n\n (b) on the ground that the information should be treated as interpretative information; or\n\n (c) on both grounds.\n\n (4) The objection must be given to the Titles Administrator on or before the day specified in the notice.\n\n","sortOrder":213},{"sectionNumber":"196","sectionType":"section","heading":"Consideration of objection by Titles Administrator","content":"196  Consideration of objection by Titles Administrator\n\n (1) If a person gives the Titles Administrator an objection in accordance with section 195, the Titles Administrator must consider the objection and decide whether to allow or disallow the objection.\n\n (2) The Titles Administrator may allow the objection for part of the documentary information to which it relates, and disallow the objection for another part.\n\n (3) The Titles Administrator must notify the person, in writing, of the Titles Administrator’s decision within 45 days after the Titles Administrator receives the objection.\n\n (4) The notice of decision under subsection (3) must state that the person may ask the responsible Commonwealth Minister to review the decision in accordance with section 197.\n\n","sortOrder":214},{"sectionNumber":"197","sectionType":"section","heading":"Review of Titles Administrator’s decision by Minister","content":"197  Review of Titles Administrator’s decision by Minister\n\n (1) A person may, in writing, request the responsible Commonwealth Minister to review a decision by the Titles Administrator under section 196 to disallow an objection.\n\n (2) The request:\n\n (a) must be given to the Minister within 30 days after the person was given notice of the Titles Administrator’s decision; and\n\n (b) must set out the grounds for making the request.\n\n (3) The person may withdraw the request by written notice given to the Minister.\n\n (4) The Minister must, within 45 days after receiving the request, review the Titles Administrator’s decision and:\n\n (a) confirm the Titles Administrator’s decision to disallow the objection; or\n\n (b) revoke the Titles Administrator’s decision and substitute another decision for it.\n\n (5) A decision made by the Minister in substitution for the Titles Administrator’s decision may allow the objection for part of the documentary information to which it relates, and disallow the objection for another part.\n\n (6) The Minister must notify the person in writing of the Minister’s decision as soon as practicable after making the decision.\n\nNote: The person may seek further review of the Minister’s decision—see Part 9.1 of the Act.\n\n","sortOrder":215},{"sectionNumber":"198","sectionType":"section","heading":"When an objection ceases to be in force","content":"198  When an objection ceases to be in force\n\n  An objection made by a person under section 195 ceases to be in force if:\n\n (a) the person withdraws the objection by notifying the Titles Administrator in writing; or\n\n (b) the Titles Administrator disallows the objection, and the person does not request a review of the decision within the period specified in subsection 197(2); or\n\n (c) the Titles Administrator disallows the objection, all reviews of the Titles Administrator’s decision have been finalised, and the decision standing after all reviews have been finalised is that the objection is disallowed.\n\n","sortOrder":216},{"sectionNumber":"199","sectionType":"section","heading":"Purpose of Division","content":"199  Purpose of Division\n\n  For the purposes of paragraphs 738(2)(c) and 740A(2)(c) of the Act, this Division sets out the circumstances in which the Titles Administrator or responsible Commonwealth Minister may:\n\n (a) make documentary information publicly known; or\n\n (b) make documentary information available to a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory).\n\n","sortOrder":217},{"sectionNumber":"200","sectionType":"section","heading":"Release of open information about wells, surveys and reprocessing projects","content":"200  Release of open information about wells, surveys and reprocessing projects\n\n  Despite anything else in this Division, the Titles Administrator or responsible Commonwealth Minister may make any of the following publicly known at any time:\n\n (a) open information about a well;\n\n (b) open information about a survey;\n\n (c) open information about a reprocessing project.\n\n","sortOrder":218},{"sectionNumber":"201","sectionType":"section","heading":"Release of information from greenhouse gas accounting reports","content":"201  Release of information from greenhouse gas accounting reports\n\n  Despite anything else in this Division, the responsible Commonwealth Minister or the Titles Administrator must make documentary information mentioned in column 1 of an item of the following table publicly available no later than the relevant day specified in column 2 of the item.\n\n \n\n- Relevant day for documentary information in greenhouse gas reports\n- 1 Documentary information contained in a monthly greenhouse gas accounting report given under section 183 The day that is 15 days after the day the Titles Administrator receives the report\n- 2 Documentary information contained in an annual greenhouse gas accounting report given under section 184 The day that is 30 days after the day the Titles Administrator receives the report\n\n \n\n","sortOrder":219},{"sectionNumber":"202","sectionType":"section","heading":"Release of basic disclosable information","content":"202  Release of basic disclosable information\n\n (1) The Titles Administrator or responsible Commonwealth Minister may make documentary information publicly known or make documentary information available to a person if:\n\n (a) it is basic information; and\n\n (c) the relevant day specified in subsection (2), (3), (4) or (5) for the information has passed; and\n\n (d) if the documentary information is survey information—one of the following applies:\n\n (i) in relation to the Titles Administrator making the survey information available to a person—the requirements of subsection 205(1) are met;\n\n (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 subsection 205(3);\n\n (iii) in relation to the responsible Commonwealth Minister making the survey information available to a person—the requirements of subsection 205(6) are met.\n\nNote: For survey information, see subsection 205(8).\n\nRelevant day—seismic surveys\n\n (2) Subject to subsection (3), the relevant day for a type of documentary information related to a seismic survey described in column 1 of an item of the following table is the day specified in column 2 of the item.\n\n \n\n- Relevant day for documentary information related to seismic surveys\n- 1 Documentary information related to a survey that collected exclusive data, if the survey was conducted under a greenhouse gas title that is still in force The day that is 3 years after the day that the acquisition of the data is completed\n- 2 Documentary information related to a survey that collected exclusive data, if the survey was conducted under a greenhouse gas title that:(a) has expired; or(b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title The day of the expiry, surrender, cancellation, revocation or termination of the greenhouse gas title\n- 3 Documentary information related to a survey that collected 2D seismic data as non‑exclusive data The day that is 10 years after the day that the acquisition of the data is completed\n- 4 Documentary information related to a survey that collected 3D seismic data as non‑exclusive data For the 3D data—the day that is 10 years after the acquisition of the data was completedFor 2D data extracted from the 3D data—the day that is 5 years after the day that the acquisition of the 3D data is completed\n\n \n\nRelevant day—geophysical and geological surveys (other than seismic surveys)\n\n (3) The relevant day for a type of documentary information relating to geophysical and geological surveys (other than seismic surveys) described in column 1 of an item of the following table is the day specified in column 2 of the item.\n\n \n\n- Relevant day for documentary information related to geophysical and geological surveys (other than seismic surveys)\n- 1 Documentary information related to a survey that collected exclusive data, if the survey was conducted under a greenhouse gas title that is still in force The day that is 3 years after the day that the acquisition of the data is completed\n- 2 Documentary information related to a survey that collected exclusive data, if the survey was conducted under a greenhouse gas title that:(a) has expired; or(b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title The day of the expiry, surrender, cancellation, revocation or termination of the greenhouse gas title\n- 3 Documentary information related to a survey that collected non‑exclusive data The day that is 5 years after the day that the acquisition of the data is completed\n\n \n\nRelevant day—reprocessed survey data\n\n (4) The relevant day for a type of documentary information described in column 1 of an item of the following table is the day specified in column 2 of the item.\n\n \n\n- Relevant day for documentary information obtained from reprocessing of survey data\n- 1 Documentary information obtained from the reprocessing of data from a survey, where the reprocessing is conducted in compliance with a condition of a greenhouse gas title that is still in force The later of:(a) the relevant day under subsection (2) for the documentary information relating to the survey; and(b) the day that is 3 years after the day that the reprocessing of the data is completed\n- 2 Documentary information obtained from the reprocessing of data from a survey, where the reprocessing is conducted in compliance with a condition of a greenhouse gas title that:(a) has expired; or(b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title The later of:(a) the relevant day under subsection (2) for the documentary information relating to the survey; and(b) the day of the expiry, surrender, cancellation, revocation or termination of the greenhouse gas title\n\n \n\nRelevant day—well operations\n\n (5) The relevant day for a type of documentary information relating to a regulated operation that is a well operation described in column 1 of an item of the following table is the day specified in column 2 of the item.\n\n \n\n- Relevant day for documentary information relating to regulated operations\n- Item Column 1If the regulated operation to which the information relates was conducted under … Column 2the relevant day is …\n- 1 a greenhouse gas title that is still in force the day that is 2 years after the end of the operation\n- 2 a greenhouse gas title that:(a) has expired; or(b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title the day of the expiry, surrender, cancellation, revocation or termination of the greenhouse gas title\n\n","sortOrder":220},{"sectionNumber":"203","sectionType":"section","heading":"Release of interpretative disclosable information","content":"203  Release of interpretative disclosable information\n\n (1) The Titles Administrator or responsible Commonwealth Minister may make documentary information publicly known or make documentary information available to a person if:\n\n (a) it is interpretative information; and\n\n (c) the relevant day specified in subsection (2) for the information has passed.\n\nRelevant day—interpretative disclosable information\n\n (2) The relevant day for a type of documentary information described in column 1 of an item of the following table is the day specified in column 2 of the item.\n\n \n\n- Relevant day for documentary information that is interpretative disclosable information\n- 1 Documentary information related to a well operation The day that is 5 years after the end of the operation to which the information relates\n- 2 Documentary information related to a seismic survey The later of:(a) the relevant day under subsection 202(2) for basic information related to the seismic survey; and(b) the day that is 5 years after the day that the acquisition of the data is completed\n- 3 Documentary information related to a geophysical or geological survey (other than a seismic survey) The later of:(a) the relevant day under subsection 202(3) for basic information related to the survey; and(b) the day that is 5 years after the day that the acquisition of the data is completed\n- 4 Documentary information obtained from the reprocessing of data from a survey, where the reprocessing is conducted in compliance with a condition of a greenhouse gas title The later of:(a) the relevant day under subsection 202(4) for basic information obtained from the reprocessing of the data; and(b) the day that is 5 years after the day that the reprocessing of the data is completed\n\n","sortOrder":221},{"sectionNumber":"204","sectionType":"section","heading":"Release of documentary information—prior availability or consent","content":"204  Release of documentary information—prior availability or consent\n\n (1) Subject to subsection (2), the responsible Commonwealth Minister or the Titles Administrator may make documentary information publicly known or make documentary information available to a person if:\n\n (a) either:\n\n (i) the greenhouse gas titleholder who gave the information to the Titles Administrator has made the information publicly known; or\n\n (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\n\n (b) if the documentary information is survey information (other than interpretative information)—one of the following applies:\n\n (i) in relation to the Titles Administrator making the survey information available to a person—the requirements of subsection 205(1) are met;\n\n (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 subsection 205(3);\n\n (iii) in relation to the responsible Commonwealth Minister making the survey information available to a person—the requirements of subsection 205(6) are met.\n\nNote: For survey information, see subsection 205(8).\n\n (2) If documentary information relating to a block was given to the Titles Administrator under a greenhouse gas search authority, a greenhouse gas special authority or a greenhouse gas research consent, subsection (1) applies only if the information relates to a period when no permit, lease or licence was in force over the block.\n\n","sortOrder":222},{"sectionNumber":"205","sectionType":"section","heading":"Requirements for making survey information available to a person","content":"205  Requirements for making survey information available to a person\n\nRequirements for Titles Administrator—making survey information available to a person\n\n (1) The Titles Administrator must not make survey information available to a person under subsection 202(1) or 204(1) unless:\n\n (c) if paragraphs (a) and (b) do not apply and that information is not covered by a notice under subsection (5) of this section:\n\n (i) the Titles Administrator has, in writing, notified the responsible Commonwealth Minister of that person and of that information; and\n\n (ii) the responsible Commonwealth Minister agrees to that information being made available to that person.\n\n (2) The responsible Commonwealth Minister must:\n\n (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\n\n (b) in writing, notify the Titles Administrator:\n\n (i) that the responsible Commonwealth Minister does not agree to any of that information being made available to that person; or\n\n (ii) that the responsible Commonwealth Minister agrees to the whole of that information being made available to that person; or\n\n (iii) that the responsible Commonwealth Minister agrees to a specified part of that information being made available to that person.\n\n (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.\n\n (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.\n\n (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.\n\nRequirements for responsible Commonwealth Minister—making survey information available to a person\n\n (6) The responsible Commonwealth Minister must not make survey information available to a person under subsection 202(1) or 204(1) unless:\n\n (c) if paragraphs (a) and (b) do not apply, that information is not covered by a notice under subsection (5) of this section 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.\n\nNo limits on matters the responsible Commonwealth Minister may consider\n\n (7) Paragraph (2)(a), subsections (4) and (5) and paragraph (6)(c) do not limit the matters the responsible Commonwealth Minister may consider.\n\nSurvey information\n\n (8) For the purposes of this Division, survey information is the following documentary information:\n\n (a) documentary information relating to seismic surveys, geophysical surveys or geological surveys;\n\n (b) documentary information obtained from reprocessing as mentioned in subsection 202(4).\n\n","sortOrder":223},{"sectionNumber":"206","sectionType":"section","heading":"Release of documentary information—Environment Protection (Sea Dumping) Act 1981","content":"206  Release of documentary information—Environment Protection (Sea Dumping) Act 1981\n\n (1) The Titles Administrator may make documentary information available to an officer of the Environment Department if the Titles Administrator is satisfied that the information will enable or assist the Environment Minister, or an officer of the Environment Department, to perform or exercise any function or power under the Environment Protection (Sea Dumping) Act 1981.\n\n (2) In this section:\n\nEnvironment Department means the Department administered by the Environment Minister.\n\nEnvironment Minister means the Minister administering the Environment Protection (Sea Dumping) Act 1981.\n\nDivision 4—Release of eligible samples\n\n","sortOrder":224},{"sectionNumber":"207","sectionType":"section","heading":"Purpose of Division","content":"207  Purpose of Division\n\n  For the purposes of paragraphs 739(2)(c) and 740B(2)(c) of the Act, this Division sets out the circumstances in which the Titles Administrator or responsible Commonwealth Minister may:\n\n (a) make publicly known any details of an eligible sample; or\n\n (b) permit a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect an eligible sample.\n\n","sortOrder":225},{"sectionNumber":"208","sectionType":"section","heading":"Release of eligible samples after relevant day","content":"208  Release of eligible samples after relevant day\n\n (1) The responsible Commonwealth Minister or the Titles Administrator may make publicly known details of an eligible sample or permit a person to inspect the sample if the relevant day for the sample has passed.\n\n (2) The relevant day for an eligible sample that relates to a regulated operation described in column 1 of an item of the following table is the day specified in column 2 of the item.\n\n \n\n- Relevant day for eligible samples\n- Item Column 1If the eligible sample relates to a regulated operation that was conducted under … Column 2the relevant day is …\n- 1 a greenhouse gas title that is still in force the day that is 2 years after the end of the operation\n- 2 a greenhouse gas title that:(a) has expired; or(b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title the day of the expiry, surrender, cancellation, revocation or termination of the greenhouse gas title\n\n","sortOrder":226},{"sectionNumber":"209","sectionType":"section","heading":"Release of eligible samples—prior availability or consent","content":"209  Release of eligible samples—prior availability or consent\n\n (1) Subject to subsection (2), the Titles Administrator or responsible Commonwealth Minister may make publicly known any details of an eligible sample or permit a person to inspect the sample if:\n\n (a) the greenhouse gas titleholder who gave the sample to the Titles Administrator has made publicly known those details of the sample; or\n\n (b) the greenhouse gas titleholder who gave the sample to the Titles Administrator has caused to be made publicly known those details of the sample; or\n\n (c) the greenhouse gas titleholder who gave the sample to the Titles Administrator has consented in writing to details of the sample being made publicly known or to the sample being made available for inspection, as the case may be.\n\n (2) If an eligible sample from a block was given to the Titles Administrator under a greenhouse gas search authority, a greenhouse gas special authority or a greenhouse gas research consent, subsection (1) only applies if the sample was obtained during a period when no permit, lease or licence was in force over the block.\n\n","sortOrder":227},{"sectionNumber":"Part 11","sectionType":"part","heading":"Fees","content":"Part 11—Fees\n\n \n\n210  Simplified outline of this Part\n\nSchedule 1 to this instrument prescribes the fees for certain applications made under the Act.\n\n211  Fees in relation to applications etc.\n\n (1) For the purposes of subsection 256(2) of the Act, the prescribed fee for an application is the fee prescribed for the application in the table in Division 1 of Part 1 of Schedule 1 to this instrument.\n\n (2) For the purposes of subsection 516A(1) of the Act, the prescribed fee for an application is the fee prescribed for the application in the table in Division 2 of Part 1 of Schedule 1 to this instrument.\n\n (3) For the purposes of subsection 566M(1) of the Act, the prescribed fee for an application is the fee prescribed for the application in the table in Division 3 of Part 1 of Schedule 1 to this instrument.\n\n (4) For the purposes of subsection 695L(1) of the Act, the specified fee that the Titles Administrator may charge for the processing of an application, request or nomination in the performance of a function, or the exercise of a power, of the Titles Administrator under the Act or this instrument is the fee specified for the application, request or nomination in the table in Division 4 of Part 1 of Schedule 1 to this instrument.\n\nNote: The functions of the Titles Administrator are set out in section 695B of the Act.\n\n (5) For the purposes of subsection 427(2) of the Act, the prescribed fee for an application is the fee prescribed for the application in the table in Division 1 of Part 2 of Schedule 1 to this instrument.\n\n (6) For the purposes of subsection 565A(1) of the Act, the prescribed fee for an application is the fee prescribed for the application in the table in Division 2 of Part 2 of Schedule 1 to this instrument.\n\n","sortOrder":228},{"sectionNumber":"Part 12","sectionType":"part","heading":"Giving documents","content":"Part 12—Giving documents\n\n \n\n","sortOrder":229},{"sectionNumber":"212","sectionType":"section","heading":"Simplified outline of this Part","content":"212  Simplified outline of this Part\n\nThis Part provides for and in relation to the way in which documents are required or permitted to be given for the purposes of the Act or a legislative instrument under the Act.\n\n","sortOrder":230},{"sectionNumber":"213","sectionType":"section","heading":"Purpose of this Part","content":"213  Purpose of this Part\n\n  This Part is made for the purposes of section 782A of the Act.\n\n","sortOrder":231},{"sectionNumber":"214","sectionType":"section","heading":"Giving documents","content":"214  Giving documents\n\n (1) The following table sets out requirements for giving documents required or permitted to be given under the Act or any legislative instrument made under the Act.\n\n \n\n- Requirements for giving documents\n- Item Column 1A document required or permitted to be given to ... Column 2must be given ...\n- 1 the Titles Administrator (a) by prepaying and posting the document as a letter addressed to the National Offshore Petroleum Titles Administrator at the Department; or(b) by sending the document by email to the Titles Administrator’s email address; or(c) by sending the document electronically using the Titles Administrator’s website in accordance with the instructions published by the Titles Administrator on the Titles Administrator’s website; or(d) by leaving the document at an office occupied by the Titles Administrator, or by APS employees assisting the Titles Administrator, with a person apparently employed in connection with the business of the Titles Administrator and apparently at least 16 years of age; or(e) by sending the document electronically using an information system or web portal accessible via the Titles Administrator’s website or another electronic facility, in accordance with the instructions published by the Titles Administrator on the Titles Administrator’s website\n- 2 NOPSEMA (a) by prepaying and posting the document as a letter addressed to the National Offshore Petroleum Safety and Environmental Management Authority at a place of business of NOPSEMA; or(b) by sending the document by email to NOPSEMA’s email address; or(c) by sending the document electronically using the internet in accordance with the instructions published by the Chief Executive Officer of NOPSEMA on NOPSEMA’s website; or(d) by leaving the document at an office occupied by NOPSEMA with a person apparently employed in connection with the business of NOPSEMA and apparently at least 16 years of age; or(e) by sending the document electronically using an information system or web portal accessible via NOPSEMA’s website or another electronic facility, in accordance with the instructions published by the Chief Executive Officer of NOPSEMA on NOPSEMA’s website\n- 3 a titleholder by any of the following:(a) the responsible Commonwealth Minister;(b) the Titles Administrator;(c) NOPSEMA;(d) an inspector appointed under the Act (a) if the titleholder is not a body corporate—by delivering the document to the titleholder personally; or(b) by prepaying and posting the document as a letter addressed to:(i) if the titleholder is not a body corporate—the titleholder at the place of residence or business set out in the notice given to the Titles Administrator and NOPSEMA in accordance with section 286A or 452A of the Act; or(ii) if the titleholder is a body corporate—the body corporate at the place of business or the office set out in the section 286A or 452A notice; or(c) by sending the document by email to the email address set out in the section 286A or 452A notice; or(d) if the titleholder is not a body corporate—by leaving the document at the place of residence of the titleholder, as set out in the section 286A or 452A notice, with another person apparently a resident of that place and apparently at least 16 years of age; or(e) by leaving the document at the titleholder’s place of business or office, as set out in the section 286A or 452A notice, with another person apparently in the employment of the titleholder and apparently at least 16 years of age\n- 4 a corporation, other than a titleholder (a) by prepaying and posting the document as a letter addressed to the corporation at its last known place of business or, if it is carrying on business at 2 or more places, at one of those places; or(b) by sending the document by email to the corporation’s last known email address; or(c) by leaving the document at the corporation’s last known place of business or, if the corporation is carrying on business at 2 or more places, at one of those places, with a person apparently in the employment of the corporation and apparently at least 16 years of age\n- 5 a person other than:(a) the responsible Commonwealth Minister; or(b) the Titles Administrator; or(c) NOPSEMA; or(d) a corporation; or(e) a titleholder (a) by delivering the document to the person personally; or(b) by prepaying and posting the document as a letter addressed to the person at the person’s last known place of residence; or(c) by prepaying and posting the document as a letter addressed to the person at the person’s last known place of business (or, if the person is carrying on business at 2 or more places, at one of those places); or(d) by sending the document by email to the person’s last known residential or business email address; or(e) by leaving the document at the last known place of residence of the person with another person apparently a resident of that place and apparently at least 16 years of age; or(f) by leaving the document at the last known place of business of the person (or, if the person is carrying on business at 2 or more places, at one of those places) with another person apparently in the employment of that person and apparently at least 16 years of age\n\n \n\n (2) A person or agency mentioned in item 1 or 2 of column 1 of the table in subsection (1) may, by notice in writing published on the person’s or agency’s website:\n\n (a) require that a document specified in the notice be given to the person or agency by a method specified in the notice; or\n\n (b) provide that a document specified in the notice may be given to the person or agency by sending the document electronically using the Titles Administrator’s National Electronic Approvals Tracking System (NEATS), as an alternative to using the methods mentioned in the table in subsection (1) for the document.\n\n (3) If paragraph (2)(a) applies to a document, the document may only be given in accordance with the method set out in the notice for that document.\n\n (4) If a document is given by prepaying and posting the document as a letter in accordance with subsection (1), the document is taken to have been given at the time at which the letter would have been delivered in the ordinary course of post.\n\n (5) If a document is given, in accordance with subsection (1), by sending the document:\n\n (a) by email; or\n\n (b) by using a website; or\n\n (c) by using an information system, web portal or another electronic facility;\n\nthe document is taken to have been given at the end of the day on which the document was sent.\n\nNote: An example of an information system, web portal or electronic facility is the Titles Administrator’s National Electronic Approvals Tracking System (NEATS).\n\n","sortOrder":232},{"sectionNumber":"215","sectionType":"section","heading":"Giving documents to Joint Authority","content":"215  Giving documents to Joint Authority\n\n  A document required or permitted by the Act, or any legislative instrument made under the Act, to be given to the Joint Authority is taken to have been given to the Joint Authority if it is given to:\n\n","sortOrder":233},{"sectionNumber":"216","sectionType":"section","heading":"Giving documents to Cross‑boundary Authority","content":"216  Giving documents to Cross‑boundary Authority\n\n  A document required or permitted by the Act, or any legislative instrument made under the Act, to be given to a Cross‑boundary Authority is taken to have been given to the Cross‑boundary Authority if it is given to:\n\n","sortOrder":234},{"sectionNumber":"217","sectionType":"section","heading":"Giving documents to responsible Commonwealth Minister","content":"217  Giving documents to responsible Commonwealth Minister\n\n  A document required or permitted by the Act, or any legislative instrument made under the Act, to be given to the responsible Commonwealth Minister is taken to have been given to the responsible Commonwealth Minister if it is given to:\n\n","sortOrder":235},{"sectionNumber":"218","sectionType":"section","heading":"Giving documents to 2 or more registered holders of a petroleum title, infrastructure licence or pipeline licence","content":"218  Giving documents to 2 or more registered holders of a petroleum title, infrastructure licence or pipeline licence\n\n (1) This section applies if there are 2 or more registered holders of a title that is:\n\n (a) a petroleum title; or\n\n (b) an infrastructure licence; or\n\n (c) a pipeline licence.\n\nNomination of one of the registered holders\n\n (2) The registered holders may, by joint written notice given to the Titles Administrator and NOPSEMA, nominate one of the registered holders as being the person to whom documents may be given, if the documents:\n\n (a) relate to the title; and\n\n (b) are required or permitted by the Act, or any legislative instrument made under the Act, to be given.\n\n (3) The joint written notice must be executed in an approved manner by or on behalf of each of the registered holders.\n\n (4) The joint written notice must be in the form approved, in writing, by the Titles Administrator and the Chief Executive Officer of NOPSEMA.\n\n (5) If a form is approved for the purposes of subsection (4):\n\nDocument may be given to nominated person\n\n (a) a document relating to a title is required or permitted by the Act, or any legislative instrument made under the Act, to be given to the registered holder; and\n\n (b) there are 2 or more registered holders of the title; and\n\n (c) a nomination of a person under subsection (2) is in force in relation to the title; and\n\n (d) the document is given to the nominated person;\n\nthe document is taken to have been given to each of the registered holders.\n\nRevocation of nomination\n\n (7) If:\n\n (a) a person has been nominated under subsection (2) in relation to a title; and\n\n (b) one of the registered holders of the title, by written notice given to the Titles Administrator and NOPSEMA, revokes the nomination;\n\n (8) A notice under paragraph (7)(b) must be in the form approved, in writing, by the Titles Administrator and the Chief Executive Officer of NOPSEMA.\n\n (9) If a form is approved for the purposes of subsection (8):\n\nCessation of nomination—nominee ceases to be a registered holder\n\n (10) If:\n\n (a) a person has been nominated under subsection (2) in relation to a title; and\n\n (b) the nominated person ceases to be one of the registered holders of the title;\n\n","sortOrder":236},{"sectionNumber":"219","sectionType":"section","heading":"Giving documents to 2 or more registered holders of a greenhouse gas title","content":"219  Giving documents to 2 or more registered holders of a greenhouse gas title\n\n (1) This section applies if there are 2 or more registered holders of a greenhouse gas title.\n\nNomination of one of the registered holders\n\n (2) The registered holders may, by joint written notice given to the Titles Administrator and NOPSEMA, nominate one of the registered holders as being the person to whom documents may be given, if the documents:\n\n (a) relate to the greenhouse gas title; and\n\n (b) are required or permitted by the Act, or any legislative instrument made under the Act, to be given.\n\n (3) The joint written notice must be executed in an approved manner by or on behalf of each of the registered holders.\n\n (4) The joint written notice must be in the form approved, in writing, by the Titles Administrator and the Chief Executive Officer of NOPSEMA.\n\n (5) If a form is approved for the purposes of subsection (4):\n\nDocument may be given to nominated person\n\n (a) a document relating to a greenhouse gas title is required or permitted by the Act, or any legislative instrument made under the Act, to be given to the registered holder; and\n\n (b) there are 2 or more registered holders of the greenhouse gas title; and\n\n (c) a nomination of a person under subsection (2) is in force in relation to the greenhouse gas title; and\n\n (d) the document is given to the nominated person;\n\nthe document is taken to have been given to each of the registered holders.\n\nRevocation of nomination\n\n (7) If:\n\n (a) a person has been nominated under subsection (2) in relation to a greenhouse gas title; and\n\n (b) one of the registered holders of the greenhouse gas title, by written notice given to the Titles Administrator and NOPSEMA, revokes the nomination;\n\n (8) A notice under paragraph (7)(b) must be in the form approved, in writing, by the Titles Administrator and the Chief Executive Officer of NOPSEMA.\n\n (9) If a form is approved for the purposes of subsection (8):\n\nCessation of nomination—nominee ceases to be a registered holder\n\n (10) If:\n\n (a) a person has been nominated under subsection (2) in relation to a greenhouse gas title; and\n\n (b) the nominated person ceases to be one of the registered holders of the greenhouse gas title;\n\n","sortOrder":237},{"sectionNumber":"Part 13","sectionType":"part","heading":"Regulations prescribed for particular provisions of Act","content":"Part 13—Regulations prescribed for particular provisions of Act\n\n \n\n","sortOrder":238},{"sectionNumber":"220","sectionType":"section","heading":"Simplified outline of this Part","content":"220  Simplified outline of this Part\n\nThis Part prescribes regulations for the purposes of particular provisions of the Act.\n\n","sortOrder":239},{"sectionNumber":"221","sectionType":"section","heading":"Regulations prescribed for particular provisions of Act","content":"221  Regulations prescribed for particular provisions of Act\n\n  For the purposes of a provision of the Act mentioned in column 1 of an item of the following table, each of the regulations, or provisions of regulations, mentioned in column 2 of the item is prescribed.\n\n \n\n- Regulations prescribed for particular provisions of Act\n- Item Column 1 Provision of Act Column 2 Prescribed regulations or provision of regulations\n- 1 Paragraph 316(2)(b) (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023;(b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025;(c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024\n- 2 Paragraph 351(2)(b) (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023;(b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025;(c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024\n- 3 Paragraph 376(3)(b) (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023;(b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025;(c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024\n- 4 Definition of environment plan in subsection 571(5) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023\n- 5 Definition of petroleum activity in subsection 571(5) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023\n- 6 Definition of environment plan in subsection 572C(3) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023\n- 7 Definition of petroleum activity in subsection 572C(3) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023\n- 8 Paragraph 574A(6)(b) (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023;(b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025;(c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024\n- 9 Definition of environment plan in subsection 576C(9) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023\n- 10 Paragraph 580(5)(b) (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023;(b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025;(c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024\n- 11 Item 15 of the table in subsection 601(1) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024\n- 12 Item 16 of the table in subsection 601(1) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023\n- 13 Item 16A of the table in subsection 601(1) Offshore Petroleum and Greenhouse Gas Storage (Greenhouse Gas Injection and Storage) Regulations 2023\n- 14 Item 17 of the table in subsection 601(1) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025\n- 15 Item 18 of the table in subsection 601(1) Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025 (apart from Part 5 of that instrument)\n- 16 Subparagraph (c)(ii) of the definition of titleholder’s obligations in subsection 602K(8) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025\n- 17 Paragraph 638(1)(d) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024\n- 18 Paragraph 638(1)(e) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025\n- 19 Subparagraph 646A(1)(e)(ii) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024\n- 20 Subparagraph 646A(1)(f)(iii) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025\n- 21 Subparagraph 646A(1)(g)(ii) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023\n- 22 Subparagraph 646A(5)(f)(i) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024\n- 23 Subparagraph 646A(5)(f)(ii) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025\n- 24 Subparagraph 646A(5)(g)(i) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023\n- 25 Subsection 790B(1) (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009;(b) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023\n- 26 Section 790C (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009;(b) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023\n- 27 Subsection 790D(1) (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009;(b) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023\n- 28 Subsection 790D(2) (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009;(b) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023\n- 29 Subsection 790D(3) (a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009;(b) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023\n- 30 Definition of environment plan in clause 2 of Schedule 2A Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023\n- 31 Paragraph (a) of the definition of well integrity law in clause 2 of Schedule 2B Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025\n- 32 Paragraph (c) of the definition of well integrity law in clause 2 of Schedule 2B Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025\n- 33 Subparagraph (c)(iii) of the definition of regulated business premises in clause 3 of Schedule 3 Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024\n- 34 Subparagraph (d)(ii) of the definition of regulated business premises in clause 3 of Schedule 3 Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024\n- 35 Subparagraph (e)(ii) of the definition of regulated business premises in clause 3 of Schedule 3 Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024\n- 36 Paragraph (d) of the definition of titleholder’s safety‑related obligations in clause 3 of Schedule 3 Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025\n\n \n\n","sortOrder":240},{"sectionNumber":"Part 14","sectionType":"part","heading":"Regulations dealing with specific matters","content":"Part 14—Regulations dealing with specific matters\n\n \n\n","sortOrder":241},{"sectionNumber":"222","sectionType":"section","heading":"Simplified outline of this Part","content":"222  Simplified outline of this Part\n\nThis Part sets out the following miscellaneous requirements:\n\n (a) a titleholder must comply with a direction from the Titles Administrator to conduct a survey;\n\n (b) a pipeline licensee must inform the Titles Administrator and the Australian Hydrographic Office of the route of a pipeline constructed in an offshore area;\n\n (c) a petroleum titleholder or a greenhouse gas titleholder must notify the Titles Administrator before undertaking a geophysical or geological survey;\n\n (d) a petroleum titleholder must inform the relevant State Minister before the titleholder conducts certain activities for the purposes of working out the amount of royalty payable under the Royalty Act.\n\nIf the responsible Commonwealth Minister gives a direction to a titleholder under certain sections of the Act, the Minister must give a copy of the direction to NOPSEMA as soon as practicable.\n\n","sortOrder":242},{"sectionNumber":"223","sectionType":"section","heading":"Purpose of this Part","content":"223  Purpose of this Part\n\n  This Part is made for the purposes of subsection 782(1) the Act.\n\n","sortOrder":243},{"sectionNumber":"224","sectionType":"section","heading":"Survey of wells, structures or equipment","content":"224  Survey of wells, structures or equipment\n\nTitles Administrator may direct titleholder to conduct survey\n\n (1) The Titles Administrator may, by written notice, direct a titleholder to:\n\n (a) survey the position of any well, pipeline, infrastructure facility, structure or equipment that is specified in the request; and\n\n (b) give a written report of the survey to the Titles Administrator.\n\n (2) The direction must:\n\n (b) specify a reasonable period within which the survey must be completed and the report given.\n\n (3) A titleholder must comply with a direction given to the titleholder under subsection (1) within the period specified in the direction.\n\n (4) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (3).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (5) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (3).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":244},{"sectionNumber":"225","sectionType":"section","heading":"Notice of route followed by pipeline","content":"225  Notice of route followed by pipeline\n\n (1) A pipeline licensee contravenes this subsection if:\n\n (a) the licensee constructs a pipeline in an offshore area; and\n\n (b) the licensee does not inform both the Titles Administrator and the Australian Hydrographic Office, in writing, of the exact route followed by the pipeline by the earlier of:\n\n (i) 14 days after the day that construction of the pipeline is completed; and\n\n (ii) the day before the pipeline is operated.\n\n (2) A pipeline licensee commits an offence of strict liability if the licensee contravenes subsection (1).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (3) A pipeline licensee is liable to a civil penalty if the licensee contravenes subsection (1).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":245},{"sectionNumber":"226","sectionType":"section","heading":"Requirement for notice of geophysical or geological survey","content":"226  Requirement for notice of geophysical or geological survey\n\n (1) A petroleum titleholder or greenhouse gas titleholder contravenes this subsection if:\n\n (a) the titleholder undertakes a geophysical or geological survey in the title area; and\n\n (b) the titleholder does not notify the Titles Administrator, in writing, at least 48 hours before the proposed start of the survey, of the following:\n\n (i) the proposed date and time that the survey will start;\n\n (ii) the duration of the survey;\n\n (iii) the survey area coordinates;\n\n (iv) in the case of a seismic survey—the length of the streamers to be towed by the survey vessel.\n\n (2) A petroleum titleholder or greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (3) A petroleum titleholder or greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":246},{"sectionNumber":"227","sectionType":"section","heading":"Requirement to give notice of actions for Royalty Act purposes","content":"227  Requirement to give notice of actions for Royalty Act purposes\n\n (a) the titleholder samples a petroleum stream for the purpose of working out the amount of royalty payable under the Royalty Act; and\n\n (b) before conducting the sampling, the titleholder did not notify the State Minister (within the meaning of that Act), in writing, that the titleholder was going to sample the stream.\n\n (2) A petroleum titleholder contravenes this subsection if:\n\n (a) the titleholder proves a meter that is used to work out the amount of royalty payable under the Royalty Act; and\n\n (b) before proving the meter, the titleholder did not notify the State Minister (within the meaning of that Act), in writing, that the titleholder was going to prove the meter.\n\n (3) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (1) or (2).\n\nNote: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.\n\n (4) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (1) or (2).\n\nNote: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.\n\n","sortOrder":247},{"sectionNumber":"228","sectionType":"section","heading":"Responsible Commonwealth Minister must give copy of certain directions to NOPSEMA","content":"228  Responsible Commonwealth Minister must give copy of certain directions to NOPSEMA\n\n  If the responsible Commonwealth Minister gives a direction to a titleholder under section 574A, 580, 586A, 587A, 592 or 595 of the Act, the Minister must give a copy of the direction to NOPSEMA as soon as practicable.\n\n","sortOrder":248},{"sectionNumber":"Part 15","sectionType":"part","heading":"Enforcement","content":"Part 15—Enforcement\n\n","sortOrder":249},{"sectionNumber":"229","sectionType":"section","heading":"Simplified outline of this Part","content":"229  Simplified outline of this Part\n\nThe civil penalty provisions of this instrument are enforceable under Part 4 of the Regulatory Powers Act. Certain strict liability offence provisions of this instrument are subject to infringement notices under Part 5 of the Regulatory Powers Act.\n\nThe provisions of this instrument are also enforceable using enforceable undertakings under Part 6 of the Regulatory Powers Act and injunctions under Part 7 of the Regulatory Powers Act.\n\nThe maximum penalty for continuing offences and continuing contraventions of civil penalty provisions is 10% of the maximum penalty, or civil penalty, that can be imposed in respect of those offences and contraventions.\n\nNote: This instrument is a listed NOPSEMA law (see the definition of listed NOPSEMA law in section 601 of the Act and section 221 of this instrument). This instrument is subject to monitoring under Part 2 of the Regulatory Powers Act, and offences and civil penalty provisions of this instrument are subject to investigation under Part 3 of the Regulatory Powers Act (see, in particular, sections 602C and 602D of the Act).\n\n","sortOrder":250},{"sectionNumber":"230","sectionType":"section","heading":"Purpose of this Part","content":"230  Purpose of this Part\n\n (1) This Part (except for subsection 237(1)) is made for the purposes of section 790A of the Act.\n\n (2) Section 236 is also made for the purposes of section 790 of the Act.\n\n (3) Subsection 237(1) is made for the purposes of section 790 of the Act.\n\nDivision 2—Civil penalties\n\n","sortOrder":251},{"sectionNumber":"231","sectionType":"section","heading":"Civil penalty provisions","content":"231  Civil penalty provisions\n\n  Enforceable civil penalty provisions\n\n (1) Each civil penalty provision of this instrument is enforceable under Part 4 of the Regulatory Powers Act.\n\nNote:  Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\nAuthorised applicant\n\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each person mentioned in column 1 of an item of the following table is an authorised applicant in relation to a provision mentioned in column 2 of the item.\n\n \n\n- Authorised applicants\n- Item Column 1Authorised applicant Column 2Provisions\n- 1 The responsible Commonwealth Minister (a) subsection 19(4);(b) subsection 20(5);(c) subsection 110(3);(d) subsection 227(4).\n- 2 The Chief Executive Officer of NOPSEMA (a) subsection 76(3);(b) subsection 77(5);(c) subsection 83(4);(d) subsection 83(7);(e) subsection 84(3);(f) subsection 85(6);(g) subsection 87(4);(h) subsection 96(5);(i) subsection 97(7);(j) subsection 98(4);(k) subsection 99(4);(l) subsection 101(5);(m) subsection 102(4);(n) subsection 103(6);(o) subsection 104(3).\n- 3 The Titles Administrator (a) subsection 15(4);(b) subsection 16(5);(c) subsection 25(5);(d) subsection 35(7);(e) subsection 39(3);(f) subsection 40(3);(g) subsection 46(14);(h) subsection 59(3);(i) subsection 68(5);(j) subsection 105(3).(k) subsection 116(3);(l) subsection 118(3);(m) subsection 119(5);(n) subsection 119(9);(o) subsection 120(5);(p) subsection 121(5);(q) subsection 122(4);(r) subsection 124(4);(s) subsection 125(3);(t) subsection 126(4);(u) subsection 127(4);(v) subsection 128(5);(w) subsection 129(5);(x) subsection 130(5);(y) subsection 131(5);(z) subsection 132(5);(za) subsection 133(5);(zb) subsection 134(4);(zc) subsection 135(4);(zd) subsection 136(6);(ze) subsection 137(7);(zf) subsection 138(8);(zg) subsection 162(3);(zh) subsection 164(3);(zi) subsection 165(5);(zj) subsection 165(9);(zk) subsection 166(5);(zl) subsection 167(5);(zm) subsection 168(4);(zn) subsection 170(4);(zo) subsection 171(3);(zp) subsection 172(4);(zq) subsection 173(4);(zr) subsection 174(5);(zs) subsection 175(5);(zt) subsection 176(5);(zu) subsection 177(5);(zv) subsection 178(5);(zw) subsection 179(5);(zx) subsection 180(4);(zy) subsection 181(4);(zz) subsection 182(4);(zza) subsection 183(4);(zzb) subsection 184(4);(zzc) subsection 185(6);(zzd) subsection 186(7);(zze) subsection 187(8);(zzf) subsection 224(5);(zzg) subsection 225(3);(zzh) subsection 226(3).\n\n \n\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this instrument:\n\nDivision 3—Infringement notices\n\n","sortOrder":252},{"sectionNumber":"232","sectionType":"section","heading":"Infringement notices","content":"232  Infringement notices\n\nProvisions subject to an infringement notice\n\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n\n (a) subsection 15(3);\n\n (b) subsection 19(3);\n\n (c) subsection 104(2);\n\n (d) subsection 105(2);\n\n (e) subsection 116(2);\n\n (f) subsection 118(2);\n\n (g) subsection 162(2);\n\n (h) subsection 164(2);\n\n (i) subsection 224(4);\n\n (j) subsection 225(2);\n\n (k) subsection 226(2);\n\n (l) subsection 227(3).\n\nNote: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\nInfringement officers\n\n (2) For the purposes of Part 5 of the Regulatory Powers Act, each person mentioned in column 1 of an item of the following table is an infringement officer in relation to a provision mentioned in column 2 of the item.\n\n \n\n- Infringement officers\n- Item Column 1Infringement officer Column 2Provisions\n- 1 The Chief Executive Officer of NOPSEMA (a) subsection 104(2);(b) subsection 105(2).\n- 2 The Titles Administrator (a) subsection 15(3);(b) subsection 19(3);(c) subsection 116(2);(d) subsection 118(2);(e) subsection 162(2);(f) subsection 164(2);(g) subsection 224(4);(h) subsection 225(2);(i) subsection 226(2);(j) subsection 227(3).\n- 3 A NOPSEMA inspector (a) subsection 15(3);(b) subsection 19(3);(c) subsection 104(2);(d) subsection 105(2);(e) subsection 116(2);(f) subsection 118(2);(g) subsection 162(2);(h) subsection 164(2);(i) subsection 224(4);(j) subsection 225(2);(k) subsection 226(2);(l) subsection 227(3).\n\n \n\nRelevant chief executive\n\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the relevant chief executive in relation to an infringement notice is as follows:\n\n (a) if the notice may be issued by the Chief Executive Officer of NOPSEMA or a NOPSEMA inspector—the Chief Executive Officer of NOPSEMA;\n\n (b) if the notice may be issued by the Titles Administrator or a NOPSEMA inspector—the Secretary.\n\n (4) If the Secretary is the relevant chief executive, the Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the power under subsection 105(2) of the Regulatory Powers Act to extend the period referred to in paragraph 104(1)(j) of that Act.\n\nNote 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\nNote 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.\n\nNote 3: If the Chief Executive Officer of NOPSEMA is the relevant chief executive, see section 675 of the Act for the power to delegate.\n\n (5) A person exercising power under a delegation under subsection (4) must comply with any written directions of the relevant chief executive.\n\nDivision 4—Enforceable undertakings\n\n","sortOrder":253},{"sectionNumber":"233","sectionType":"section","heading":"Enforceable undertakings","content":"233  Enforceable undertakings\n\nEnforceable provisions\n\n (1) The following provisions are enforceable under Part 6 of the Regulatory Powers Act:\n\n (a) each offence provision of this instrument;\n\n (b) each civil penalty provision of this instrument.\n\nNote: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\nAuthorised person\n\n (2) For the purposes of Part 6 of the Regulatory Powers Act, each person mentioned in column 1 of an item of the following table is an authorised person in relation to a provision mentioned in column 2 of the item.\n\n \n\n- Authorised persons\n- Item Column 1Authorised person Column 2Provisions\n- 1 The responsible Commonwealth Minister (a) subsections 19(3) and (4);(b) subsections 20(4) and (5);(c) subsections 110(2) and (3).\n- 2 The Chief Executive Officer of NOPSEMA (a) subsections 76(2) and (3);(b) subsections 77(4) and (5);(c) subsections 83(3), (4), (6) and (7);(d) subsections 84(2) and (3);(e) subsections 85(5) and (6);(f) subsections 87(3) and (4);(g) subsections 96(4) and (5);(h) subsections 97(6) and (7);(i) subsections 98(3) and (4);(j) subsections 99(3) and (4);(k) subsections 101(4) and (5);(l) subsections 102(3) and (4);(m) subsections 103(5) and (6);(n) subsections 104(2) and (3);(o) subsections 105(2) and (3).\n- 3 The Titles Administrator (a) subsections 15(3) and (4);(b) subsections 16(4) and (5);(c) subsections 25(4) and (5);(d) subsections 35(6) and (7);(e) subsections 39(2) and (3);(f) subsections 40(2) and (3);(g) subsections 46(13) and (14);(h) subsections 59(2) and (3);(i) subsections 68(4) and (5);(j) subsections 116(2) and (3);(k) subsections 118(2) and (3);(l) subsections 119(4), (5), (8) and (9);(m) subsections 120(4) and (5);(n) subsections 121(4) and (5);(o) subsections 122(3) and (4);(p) subsections 124(3) and (4);(q) subsections 125(2) and (3);(r) subsections 126(3) and (4);(s) subsections 127(3) and (4);(t) subsections 128(4) and (5);(u) subsections 129(4) and (5);(v) subsections 130(4) and (5);(w) subsections 131(4) and (5);(x) subsections 132(4) and (5);(y) subsections 133(4) and (5);(z) subsections 134(3) and (4);(za) subsections 135(3) and (4);(zb) subsections 136(5) and (6);(zc) subsections 137(6) and (7);(zd) subsections 138(7) and (8);(ze) subsections 162(2) and (3);(zf) subsections 164(2) and (3);(zg) subsections 165(4), (5), (8) and (9);(zh) subsections 166(4) and (5);(zi) subsections 167(4) and (5);(zj) subsections 168(3) and (4);(zk) subsections 170(3) and (4);(zl) subsections 171(2) and (3);(zm) subsections 172(3) and (4);(zn) subsections 173(3) and (4);(zo) subsections 174(4) and (5);(zp) subsections 175(4) and (5);(zq) subsections 176(4) and (5);(zr) subsections 177(4) and (5);(zs) subsections 178(4) and (5);(zt) subsections 179(4) and (5);(zu) subsections 180(3) and (4);(zv) subsections 181(3) and (4);(zw) subsections 182(3) and (4);(zx) subsections 183(3) and (4);(zy) subsections 184(3) and (4);(zz) subsections 185(5) and (6);(zza) subsections 186(6) and (7);(zzb) subsections 187(7) and (8);(zzc) subsections 224(4) and (5);(zzd) subsections 225(2) and (3);(zze) subsections 226(2) and (3);(zzf) subsections 227(3) and (4).\n\n \n\n (3) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) of this section:\n\n","sortOrder":254},{"sectionNumber":"234","sectionType":"section","heading":"Publication of enforceable undertakings","content":"234  Publication of enforceable undertakings\n\nPublication of enforceable undertakings—responsible Commonwealth Minister\n\n (a) a person has given an undertaking under section 114 of the Regulatory Powers Act in relation to a provision of this instrument; and\n\n (b) the undertaking has been accepted by the responsible Commonwealth Minister under section 114 of the Regulatory Powers Act; and\n\nthe responsible Commonwealth Minister must cause the undertaking to be published on the Department’s website.\n\n (2) If an undertaking contains personal information (within the meaning of the Privacy Act 1988), the responsible Commonwealth Minister must take such steps as are reasonable in the circumstances to ensure that the information is de‑identified before the undertaking is published under subsection (1).\n\nPublication of enforceable undertakings—Chief Executive Officer of NOPSEMA\n\n (a) a person has given an undertaking under section 114 of the Regulatory Powers Act in relation to a provision of this instrument; and\n\n (b) the undertaking has been accepted by the Chief Executive Officer of NOPSEMA under section 114 of the Regulatory Powers Act; and\n\nthe Chief Executive Officer of NOPSEMA must publish the undertaking on NOPSEMA’s website.\n\n (4) If an undertaking contains personal information (within the meaning of the Privacy Act 1988), the Chief Executive Officer of NOPSEMA must take such steps as are reasonable in the circumstances to ensure that the information is de‑identified before the undertaking is published under subsection (3).\n\nPublication of enforceable undertakings—Titles Administrator\n\n (5) If:\n\n (a) a person has given an undertaking under section 114 of the Regulatory Powers Act in relation to a provision of this instrument; and\n\n (b) the undertaking has been accepted by the Titles Administrator under section 114 of the Regulatory Powers Act; and\n\nthe Titles Administrator must publish the undertaking on the Titles Administrator’s website.\n\n (6) If an undertaking contains personal information (within the meaning of the Privacy Act 1988), the Titles Administrator must take such steps as are reasonable in the circumstances to ensure that the information is de‑identified before the undertaking is published under subsection (5).\n\nDe‑identified information\n\n (7) For the purposes of this section, information is de‑identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.\n\nDivision 5—Injunctions\n\n","sortOrder":255},{"sectionNumber":"235","sectionType":"section","heading":"Injunctions","content":"235  Injunctions\n\nEnforceable provisions\n\n (1) The following provisions are enforceable under Part 7 of the Regulatory Powers Act:\n\n (a) each offence provision of this instrument;\n\n (b) each civil penalty provision of this instrument.\n\nNote: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\nAuthorised person\n\n (2) For the purposes of Part 7 of the Regulatory Powers Act, each person mentioned in column 1 of an item of the following table is an authorised person in relation to a provision mentioned in column 2 of the item.\n\n \n\n- Authorised persons\n- Item Column 1Authorised person Column 2Provisions\n- 1 The responsible Commonwealth Minister (a) subsections 19(3) and (4);(b) subsections 20(4) and (5);(c) subsections 110(2) and (3).\n- 2 The Chief Executive Officer of NOPSEMA (a) subsections 76(2) and (3);(b) subsections 77(4) and (5);(c) subsections 83(3), (4), (6) and (7);(d) subsections 84(2) and (3);(e) subsections 85(5) and (6);(f) subsections 87(3) and (4);(g) subsections 96(4) and (5);(h) subsections 97(6) and (7);(i) subsections 98(3) and (4);(j) subsections 99(3) and (4);(k) subsections 101(4) and (5);(l) subsections 102(3) and (4);(m) subsections 103(5) and (6);(n) subsections 104(2) and (3);(o) subsections 105(2) and (3).\n- 3 The Titles Administrator (a) subsections 15(3) and (4);(b) subsections 16(4) and (5);(c) subsections 25(4) and (5);(d) subsections 35(6) and (7);(e) subsections 39(2) and (3);(f) subsections 40(2) and (3);(g) subsections 46(13) and (14);(h) subsections 59(2) and (3);(i) subsections 68(4) and (5);(j) subsections 116(2) and (3);(k) subsections 118(2) and (3);(l) subsections 119(4), (5), (8) and (9);(m) subsections 120(4) and (5);(n) subsections 121(4) and (5);(o) subsections 122(3) and (4);(p) subsections 124(3) and (4);(q) subsections 125(2) and (3);(r) subsections 126(3) and (4);(s) subsections 127(3) and (4);(t) subsections 128(4) and (5);(u) subsections 129(4) and (5);(v) subsections 130(4) and (5);(w) subsections 131(4) and (5);(x) subsections 132(4) and (5);(y) subsections 133(4) and (5);(z) subsections 134(3) and (4);(za) subsections 135(3) and (4);(zb) subsections 136(5) and (6);(zc) subsections 137(6) and (7);(zd) subsections 138(7) and (8);(ze) subsections 162(2) and (3);(zf) subsections 164(2) and (3);(zg) subsections 165(4), (5), (8) and (9);(zh) subsections 166(4) and (5);(zi) subsections 167(4) and (5);(zj) subsections 168(3) and (4);(zk) subsections 170(3) and (4);(zl) subsections 171(2) and (3);(zm) subsections 172(3) and (4);(zn) subsections 173(3) and (4);(zo) subsections 174(4) and (5);(zp) subsections 175(4) and (5);(zq) subsections 176(4) and (5);(zr) subsections 177(4) and (5);(zs) subsections 178(4) and (5);(zt) subsections 179(4) and (5);(zu) subsections 180(3) and (4);(zv) subsections 181(3) and (4);(zw) subsections 182(3) and (4);(zx) subsections 183(3) and (4);(zy) subsections 184(3) and (4);(zz) subsections 185(5) and (6);(zza) subsections 186(6) and (7);(zzb) subsections 187(7) and (8);(zzc) subsections 224(4) and (5);(zzd) subsections 225(2) and (3);(zze) subsections 226(2) and (3);(zzf) subsections 227(3) and (4).\n\n \n\n (3) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) of this section:\n\nConsent injunctions\n\n (4) A relevant court may grant an injunction under Part 7 of the Regulatory Powers Act in relation to a provision mentioned in subsection (1) of this section by consent of all the parties to proceedings brought under that Part, whether or not the court is satisfied that section 121 of that Act applies.\n\nDivision 6—Other matters\n\n","sortOrder":256},{"sectionNumber":"236","sectionType":"section","heading":"Contravening an offence provision or a civil penalty provision","content":"236  Contravening an offence provision or a civil penalty provision\n\n (1) This section applies if a provision of this instrument provides that a person contravening another provision of this instrument (the conduct provision) commits an offence or is liable to a civil penalty.\n\n (2) For the purposes of this instrument, and the Regulatory Powers Act to the extent that it relates to this instrument, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\n","sortOrder":257},{"sectionNumber":"237","sectionType":"section","heading":"Daily penalties for continuing offences and continuing contraventions of civil penalty provisions","content":"237  Daily penalties for continuing offences and continuing contraventions of civil penalty provisions\n\nContinuing offences\n\n (1) The maximum penalty for each day that an offence under any of the following provisions continues is 10% of the maximum penalty that can be imposed in respect of that offence:\n\n (a) subsection 15(3);\n\n (b) subsection 16(4);\n\n (c) subsection 19(3);\n\n (d) subsection 20(4);\n\n (e) subsection 25(4);\n\n (f) subsection 35(6);\n\n (g) subsection 46(13);\n\n (h) subsection 68(4);\n\n (i) subsection 83(3);\n\n (j) subsection 85(5);\n\n (k) subsection 87(3);\n\n (l) subsection 96(4);\n\n (m) subsection 97(6);\n\n (n) subsection 99(3);\n\n (o) subsection 102(3);\n\n (p) subsection 103(5);\n\n (q) subsection 110(2);\n\n (r) subsection 119(8);\n\n (s) subsection 120(4);\n\n (t) subsection 121(4);\n\n (u) subsection 122(3);\n\n (v) subsection 124(3);\n\n (w) subsection 125(2);\n\n (x) subsection 126(3);\n\n (y) subsection 127(3);\n\n (z) subsection 129(4);\n\n (za) subsection 130(4);\n\n (zb) subsection 131(4);\n\n (zc) subsection 132(4);\n\n (zd) subsection 133(4);\n\n (ze) subsection 134(3);\n\n (zf) subsection 135(3);\n\n (zg) subsection 136(5);\n\n (zh) subsection 137(6);\n\n (zi) subsection 138(7);\n\n (zj) subsection 165(8);\n\n (zk) subsection 166(4);\n\n (zl) subsection 167(4);\n\n (zm) subsection 168(3);\n\n (zn) subsection 170(3);\n\n (zo) subsection 171(2);\n\n (zp) subsection 172(3);\n\n (zq) subsection 173(3);\n\n (zr) subsection 175(4);\n\n (zs) subsection 176(4);\n\n (zt) subsection 177(4);\n\n (zu) subsection 178(4);\n\n (zv) subsection 179(4);\n\n (zw) subsection 180(3);\n\n (zx) subsection 181(3);\n\n (zy) subsection 182(3);\n\n (zz) subsection 183(3);\n\n (zza) subsection 184(3);\n\n (zzb) subsection 185(5);\n\n (zzc) subsection 186(6);\n\n (zzd) subsection 187(7);\n\n (zze) subsection 224(4);\n\n (zzf) subsection 225(2);\n\n (zzg) subsection 226(2);\n\n (zzh) subsection 227(3).\n\nContinuing contraventions of civil penalty provisions\n\n (2) The maximum civil penalty for each day that a contravention of any of the following provisions continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention:\n\n (a) subsection 15(4);\n\n (b) subsection 16(5);\n\n (c) subsection 19(4);\n\n (d) subsection 20(5);\n\n (e) subsection 25(5);\n\n (f) subsection 35(7);\n\n (g) subsection 46(14);\n\n (h) subsection 68(5);\n\n (i) subsection 83(4);\n\n (j) subsection 85(6);\n\n (k) subsection 87(4);\n\n (l) subsection 96(5);\n\n (m) subsection 97(7);\n\n (n) subsection 99(4);\n\n (o) subsection 102(4);\n\n (p) subsection 103(6);\n\n (q) subsection 110(3);\n\n (r) subsection 119(9);\n\n (s) subsection 120(5);\n\n (t) subsection 121(5);\n\n (u) subsection 122(4);\n\n (v) subsection 124(4);\n\n (w) subsection 125(3);\n\n (x) subsection 126(4);\n\n (y) subsection 127(4);\n\n (z) subsection 129(5);\n\n (za) subsection 130(5);\n\n (zb) subsection 131(5);\n\n (zc) subsection 132(5);\n\n (zd) subsection 133(5);\n\n (ze) subsection 134(4);\n\n (zf) subsection 135(4);\n\n (zg) subsection 136(6);\n\n (zh) subsection 137(7);\n\n (zi) subsection 138(8);\n\n (zj) subsection 165(9);\n\n (zk) subsection 166(5);\n\n (zl) subsection 167(5);\n\n (zm) subsection 168(4);\n\n (zn) subsection 170(4);\n\n (zo) subsection 171(3);\n\n (zp) subsection 172(4);\n\n (zq) subsection 173(4);\n\n (zr) subsection 175(5);\n\n (zs) subsection 176(5);\n\n (zt) subsection 177(5);\n\n (zu) subsection 178(5);\n\n (zv) subsection 179(5);\n\n (zw) subsection 180(4);\n\n (zx) subsection 181(4);\n\n (zy) subsection 182(4);\n\n (zz) subsection 183(4);\n\n (zza) subsection 184(4);\n\n (zzb) subsection 185(6);\n\n (zzc) subsection 186(7);\n\n (zzd) subsection 187(8);\n\n (zze) subsection 224(5);\n\n (zzf) subsection 225(3);\n\n (zzg) subsection 226(3);\n\n (zzh) subsection 227(4).\n\nPart 16—Transitional, saving and application provisions\n\nDivision 1—Provisions relating to this instrument as made\n\n238  Definitions\n\ncommencement day means the day on which this instrument commences.\n\nold regulations means the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 as in force immediately before the commencement day.\n\nrelevant person means any of the following:\n\n (a) NOPSEMA;\n\n (b) the Chief Executive Officer of NOPSEMA;\n\n (c) the Titles Administrator;\n\n (d) the responsible Commonwealth Minister;\n\n (e) the State Minister (within the meaning of the Royalty Act).\n\nSubdivision B—General provisions\n\n","sortOrder":258},{"sectionNumber":"239","sectionType":"section","heading":"Things done by, or in relation to, a relevant person","content":"239  Things done by, or in relation to, a relevant person\n\n  If, before the commencement day, a thing was done by, or in relation to, a relevant person under the old regulations, then the thing is taken, on and after that day, to have been done by, or in relation to, the relevant person under this instrument.\n\n","sortOrder":259},{"sectionNumber":"240","sectionType":"section","heading":"Things started but not finished by a relevant person","content":"240  Things started but not finished by a relevant person\n\n (1) Subject to this Part, this section applies if:\n\n (a) before the commencement day, a relevant person started doing a thing under the old regulations; and\n\n (b) immediately before that day, the relevant person had not finished doing that thing.\n\n (2) The relevant person may, on and after the commencement day, finish doing the thing under this instrument.\n\n","sortOrder":260},{"sectionNumber":"241","sectionType":"section","heading":"Instruments made and other things done under old regulations","content":"241  Instruments made and other things done under old regulations\n\n (a) an instrument (the subordinate instrument) was made for a particular purpose under a provision of the old regulations; and\n\n (b) the subordinate instrument was in effect or in force immediately before the commencement day; and\n\n (c) the subordinate instrument could be made for that purpose under a provision of this instrument;\n\nthen, despite the repeal of the old regulations by this instrument, the subordinate instrument continues in effect or in force, on and after the commencement day, as if it were made for that purpose under that provision of this instrument.\n\n (2) If:\n\n (a) any other thing was done for a particular purpose under the old regulations; and\n\n (b) the thing could be done for that purpose under this instrument;\n\nthe thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.\n\n (3) Without limiting subsection (2), a reference in that subsection to a thing being done includes a reference to a request, notice, application or other instrument being given or made.\n\n","sortOrder":261},{"sectionNumber":"242","sectionType":"section","heading":"Conduct, events or circumstances occurring before commencement day","content":"242  Conduct, events or circumstances occurring before commencement day\n\n (1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement day.\n\n (2) This section does not limit anything in this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).\n\nSubdivision C—Provisions relating to discoveries of petroleum, title assessment reports and certain reports for greenhouse gas injection licensees\n\n243  Notification and reporting of discovery of petroleum\n\n (1) Division 2 of Part 2 of this instrument applies on and after the commencement day in relation to a petroleum exploration permittee, petroleum retention lessee or petroleum production licensee who, before, on or after that day, notifies the Titles Administrator of a discovery of petroleum under section 284 of the Act.\n\n (2) Division 3 of Part 2 of this instrument applies on and after the commencement day in relation to a greenhouse gas assessment permittee, greenhouse gas holding lessee or greenhouse gas injection licensee who, before, on or after that day, notifies the Titles Administrator of a discovery of petroleum under section 452 of the Act.\n\n244  Title assessment reports\n\n (1) Part 3 of this instrument applies in relation to a reporting period for a title that begins on or after the commencement day.\n\n (2) Despite the repeal of the old regulations, Part 3 of the old regulations continues to apply in relation to a year of the term of a title if the year of the term begins before the commencement day.\n\nSubdivision D—Provisions relating to field development plans and recovery of petroleum\n\n","sortOrder":262},{"sectionNumber":"245","sectionType":"section","heading":"Field development plan accepted before commencement day","content":"245  Field development plan accepted before commencement day\n\nField development plan accepted under old regulations\n\n (1) If a field development plan or a variation of a field development plan:\n\n (a) was accepted by the Joint Authority under the old regulations; and\n\n (b) was in force immediately before the commencement day;\n\nthen the plan, or plan as varied, is taken to be an accepted field development plan under this instrument.\n\n (2) The accepted field development plan is taken to have been accepted by the Joint Authority on the day it was accepted by the Joint Authority under the old regulations.\n\n (3) If the field development plan or variation of a field development plan was accepted by the Joint Authority, subject to conditions, under the old regulations, then the accepted field development plan is taken to have been accepted by the Joint Authority, subject to those conditions:\n\n (a) for a field development plan accepted under the old regulations—under section 43 of this instrument; or\n\n (b) for a variation of a field development plan accepted under the old regulations—under section 48 of this instrument.\n\nField development plan accepted before commencement of old regulations\n\n (4) If, immediately before the commencement day, a field development plan was in force for a field because of subregulation 4.16(1) of the old regulations, the field development plan is taken to be an accepted field development plan under this instrument.\n\n","sortOrder":263},{"sectionNumber":"246","sectionType":"section","heading":"Field development plan submitted before commencement day but no decision made","content":"246  Field development plan submitted before commencement day but no decision made\n\n (1) This section applies in relation to a petroleum production licensee’s field development plan if:\n\n (a) the plan was given to the Titles Administrator under regulation 4.04 of the old regulations before the commencement day; and\n\n (b) the Joint Authority did not decide, before that day, to either accept the plan or reject the plan; and\n\n (c) the licensee did not withdraw the plan before that day.\n\nSubmission of field development plan\n\n (2) The field development plan is taken to have been submitted to the Titles Administrator under section 41 of this instrument.\n\nRequests for further information to be included in field development plan\n\n (a) before the commencement day, the Titles Administrator had given the licensee a notice under paragraph 4.05(2)(c) of the old regulations; and\n\n (b) the licensee had not modified or resubmitted the plan before the commencement day;\n\nthe notice must be dealt with as a request under paragraph 42(1)(a) of this instrument.\n\n","sortOrder":264},{"sectionNumber":"247","sectionType":"section","heading":"Notice to submit variation of field development plan","content":"247  Notice to submit variation of field development plan\n\n  If:\n\n (a) under regulation 4.11 of the old regulations, the Titles Administrator had given a petroleum production licensee a notice advising the licensee that the Joint Authority requires the licensee to vary a field development plan; and\n\n (b) the licensee had not submitted a variation of the plan before the commencement day; and\n\n (c) the notice had not been withdrawn before the commencement day;\n\nthe notice is taken to have been given by the Titles Administrator under section 51 of this instrument.\n\n248  Applications for variations of field development plans submitted before commencement day to be dealt with under old regulations\n\n  If:\n\n (a) a petroleum production licensee applied for the acceptance of a variation of a field development plan under regulation 4.08 of the old regulations before the commencement day; and\n\n (b) the Joint Authority had not decided before the commencement day to either accept or reject the variation; and\n\n (c) the licensee had not withdrawn the application before the commencement day;\n\nthe Joint Authority must deal with the proposed revision under the old regulations.\n\n","sortOrder":265},{"sectionNumber":"249","sectionType":"section","heading":"Field development plans—transfers of licence","content":"249  Field development plans—transfers of licence\n\n (1) Subsections 46(6) and (7) of this instrument apply in relation to:\n\n (a) a field development plan that is accepted before, on or after the commencement day; and\n\n (b) a transfer of a licence that is registered under section 479 of the Act on or after the commencement day.\n\n (2) A written agreement given under paragraph 4.08(1)(b) of the old regulations that is in force immediately before the commencement day is taken to be a written undertaking given to the Titles Administrator under subsection 46(6) of this instrument.\n\n","sortOrder":266},{"sectionNumber":"250","sectionType":"section","heading":"Approval to recover petroleum without accepted field development plan continues","content":"250  Approval to recover petroleum without accepted field development plan continues\n\n (1) If an approval to recover petroleum without having an accepted field development plan was in force under regulation 4.15 of the old regulations immediately before the commencement day, the approval continues to be in force under this instrument as if it were a permission granted by the Titles Administrator under subsection 58(1) of this instrument.\n\n (2) The permission is taken to have been granted by the Titles Administrator on the day the Titles Administrator granted the approval under the old regulations.\n\n","sortOrder":267},{"sectionNumber":"251","sectionType":"section","heading":"Approval of rate of recovery in force immediately before commencement day","content":"251  Approval of rate of recovery in force immediately before commencement day\n\n (1) If an approval of a rate of recovery of petroleum by the Joint Authority was in force under regulation 4.18 of the old regulations immediately before the commencement day, the approval continues to be in force under this instrument as if it were a recovery rate approval granted by the Titles Administrator under subsection 60(5) of this instrument.\n\n (2) The recovery rate approval is taken to have been granted by the Titles Administrator on the day the Joint Authority approved the rate of recovery of petroleum under the old regulations.\n\nSubdivision E—Provisions relating to well operations management plans\n\n","sortOrder":268},{"sectionNumber":"252","sectionType":"section","heading":"Well operations management plan in force immediately before commencement day","content":"252  Well operations management plan in force immediately before commencement day\n\nWell operations management plan in force before commencement day\n\n (1) If a well operations management plan was in force under the old regulations immediately before the commencement day, the plan continues to be in force under this instrument.\n\n (2) The plan is taken to have been accepted by NOPSEMA on the day it was accepted by NOPSEMA under the old regulations.\n\n (3) If the plan was accepted by NOPSEMA, subject to conditions, under the old regulations, the plan is taken to have been accepted by NOPSEMA, subject to those conditions, under section 79 of this instrument.\n\nConsent to carry out well activities in a particular way that was in force before commencement day\n\n (4) If, immediately before the commencement day, a consent under subregulation 5.05(5) of the old regulations was in force, the consent is taken to have been given by NOPSEMA under subsection 77(2) of this instrument.\n\n","sortOrder":269},{"sectionNumber":"253","sectionType":"section","heading":"Well operations management plan submitted before commencement day but no decision made","content":"253  Well operations management plan submitted before commencement day but no decision made\n\n (1) This section applies in relation to a titleholder’s well operations management plan if:\n\n (a) before the commencement day, the plan was submitted to NOPSEMA under regulation 5.06 of the old regulations; and\n\n (b) NOPSEMA did not decide, before that day, to either accept the plan or refuse to accept the plan; and\n\n (c) the titleholder did not withdraw the plan before that day.\n\nSubmission of well operations management plan\n\n (2) The well operations management plan is taken to have been submitted to NOPSEMA under section 78 of this instrument.\n\nRequests for resubmission of well operations management plan\n\n (a) NOPSEMA had given the titleholder a notice, under subregulation 5.07(2) of the old regulations, to resubmit the well operations management plan; and\n\n (b) the titleholder had not resubmitted the plan before the commencement day;\n\nthe notice is taken to have been given by NOPSEMA under subsection 79(2) of this instrument.\n\nRequests for further information\n\n (4) If:\n\n (a) NOPSEMA made a request for further information to the titleholder under regulation 5.07A of the old regulations; and\n\n (b) the titleholder had not provided the information before the commencement day; and\n\n (c) the period for providing the information had not ended before the commencement day;\n\nthe request is taken to have been made by NOPSEMA under section 80 of this instrument.\n\n","sortOrder":270},{"sectionNumber":"254","sectionType":"section","heading":"Notice to submit proposed revision of well operations management plan","content":"254  Notice to submit proposed revision of well operations management plan\n\n  If:\n\n (a) under regulation 5.11 of the old regulations, NOPSEMA had given a titleholder a notice that the titleholder must submit a proposed revision of a well operations management plan; and\n\n (b) the titleholder had not submitted a proposed revision of the well operations management plan before the commencement day; and\n\n (c) the notice had not been withdrawn before the commencement day;\n\nthe notice is taken to have been given by NOPSEMA under section 85 of this instrument.\n\n","sortOrder":271},{"sectionNumber":"255","sectionType":"section","heading":"Proposed revision of well operations management plan","content":"255  Proposed revision of well operations management plan\n\n  If:\n\n (a) a proposed revision of a titleholder’s well operations management plan was submitted to NOPSEMA under regulation 5.10, 5.11 or 5.13 of the old regulations before the commencement day; and\n\n (b) NOPSEMA had not decided before the commencement day to either accept the revision or refuse to accept the revision; and\n\n (c) the titleholder had not withdrawn the proposed revision before the commencement day;\n\nNOPSEMA must deal with the proposed revision under the old regulations.\n\n","sortOrder":272},{"sectionNumber":"256","sectionType":"section","heading":"End of well operations management plan","content":"256  End of well operations management plan\n\n  If:\n\n (a) a titleholder has given NOPSEMA a written report under regulation 5.17 of the old regulations in relation to a well; and\n\n (b) before the commencement day, NOPSEMA had not notified the titleholder in writing that NOPSEMA was satisfied that the process of abandoning the well had been carried out in accordance with the well operations management plan that covers the well;\n\nthe report under regulation 5.17 of the old regulations is taken to be a report under subsection 73(2) of this instrument.\n\n","sortOrder":273},{"sectionNumber":"257","sectionType":"section","heading":"Withdrawing acceptance of well operations management plan","content":"257  Withdrawing acceptance of well operations management plan\n\n (1) Section 91 of this instrument applies as if the reference to a provision of this instrument included a reference to a provision of Part 5 of the old regulations.\n\nNote: Non‑compliance with Part 5 of the old regulations was a ground for withdrawing acceptance of a well operations management plan under paragraph 5.18(a) of the old regulations.\n\n (2) If, before the commencement day:\n\n (a) NOPSEMA gave a notice under regulation 5.19 of the old regulations notifying a titleholder that NOPSEMA was considering the withdrawal of NOPSEMA’s acceptance of a well operations management plan; and\n\n (b) NOPSEMA had not made a decision whether to withdraw acceptance of the plan;\n\nthe notice is taken to have been given by NOPSEMA under section 92 of this instrument.\n\n","sortOrder":274},{"sectionNumber":"258","sectionType":"section","heading":"Annual well integrity reports and well activities for which advance notice is required","content":"258  Annual well integrity reports and well activities for which advance notice is required\n\n (1) Section 96 of this instrument applies in relation to a well operations management plan that is in force under this instrument at the end of a period mentioned in paragraph (1)(b) of that section that ends on or after the commencement day, whether the plan is approved by NOPSEMA before, on or after the commencement day.\n\n (2) If a titleholder has notified NOPSEMA before the commencement day about a well activity under regulation 5.22 of the old regulations, the titleholder is taken to have notified NOPSEMA under section 97 of this instrument.\n\nSubdivision F—Provisions relating to data management and the release of technical information\n\n","sortOrder":275},{"sectionNumber":"259","sectionType":"section","heading":"Data management—requirements for giving reports, data and samples","content":"259  Data management—requirements for giving reports, data and samples\n\nApplication—general\n\n (1) Subject to this section, Parts 7 and 9 of this instrument apply in relation to a report or data in connection with:\n\n (a) an operation that begins to be undertaken on or after the commencement day; and\n\n (b) a survey that begins to be conducted on or after the commencement day.\n\nApplication—requirement to securely retain information\n\n (2) Sections 116 and 162 of this instrument apply, on and after the commencement day, in relation to an account, record or other document in connection with an operation in an offshore area undertaken before, on or after that day.\n\nApplication—requirement to retain cores, cuttings or samples\n\n (3) Sections 118, 119, 164, and 165 of this instrument apply, on and after the commencement day, in relation to a core, cutting or sample that is collected before, on or after the commencement day.\n\nApplication—cores, cuttings or samples sent outside Australia\n\n (4) Sections 120, 121, 166 and 167 of this instrument apply in relation to a core, cutting or sample that is taken or sent outside Australia at a time that is on or after the commencement day.\n\nApplication—requirement to provide certain samples produced from overseas analysis\n\n (5) Sections 122 and 168 of this instrument apply in relation to a secondary sample produced from a principal sample if the principal sample is taken or sent outside Australia on or after the commencement day.\n\nApplication—monthly production report from petroleum production licensees\n\n (6) Section 135 of this instrument applies in relation to a calendar month that begins on or after the commencement day.\n\nSaving of old regulations\n\n (7) Despite the repeal of the old regulations:\n\n (a) regulations 7.07, 7.08, 9.07 and 9.08 of the old regulations continue to apply on and after the commencement day in relation to a core, cutting or sample that is taken or sent outside Australia before commencement; and\n\n (b) Division 3 of Part 7 (other than regulation 7.19) and Division 3 of Part 9 of the old regulations continue to apply on and after the commencement day in relation to a report or data in connection with:\n\n (i) an operation that begins to be undertaken before the commencement day; and\n\n (ii) a survey that begins to be conducted before the commencement day; and\n\n (c) regulation 7.19 of the old regulations continues to apply in relation to a month that begins before the commencement day.\n\n","sortOrder":276},{"sectionNumber":"260","sectionType":"section","heading":"Release of technical information","content":"260  Release of technical information\n\nDocumentary information\n\n (1) Divisions 2 and 3 of Parts 8 and 10 of this instrument apply in relation to documentary information related to a regulated operation (including a survey) if the end of the operation is on or after the commencement day.\n\n (2) Despite the repeal of the old regulations, Divisions 2 and 3 of Parts 8 and 10 of the old regulations continue to apply on and after the commencement day in relation to documentary information related to a regulated operation (including a survey) if the end of the operation is before the commencement day.\n\nPetroleum mining samples and eligible samples\n\n (3) Division 4 of Parts 8 and 10 of this instrument apply in relation to:\n\n (a) a petroleum mining sample; or\n\n (b) an eligible sample;\n\nthat relates to a regulated operation if the end of the operation is on or after the commencement day.\n\n (4) Despite the repeal of the old regulations, Division 4 of Parts 8 and 10 of the old regulations continue to apply on and after the commencement day in relation to:\n\n (a) a petroleum mining sample; or\n\n (b) an eligible sample;\n\nthat relates to a regulated operation if the end of the operation is before the commencement day.\n\n","sortOrder":277},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Application fees etc.","content":"Schedule 1—Application fees etc.\n\nNote: See section 211.\n\nPart 1—Fees in relation to applications etc.\n\nDivision 1—Fees payable under section 256 of the Act\n\n1  Application fees payable under section 256 of the Act\n\n  The following table sets out the application fees payable under section 256 of the Act.\n\n \n\n| 1 | Work‑bid petroleum exploration permit under section 104 of the Act | 18,000 |\n| 2 | Cash‑bid petroleum exploration permit under section 110 of the Act | 18,000 |\n| 3 | Special petroleum exploration permit under section 115 of the Act | 18,000 |\n| 4 | Renewal of petroleum exploration permit (all types) under section 119 of the Act | 18,000 |\n| 5 | Petroleum retention lease (all types) under section 141 or 147 of the Act | 25,500 |\n| 6 | Renewal of petroleum retention lease (all types) under section 153 of the Act | 25,500 |\n| 7 | Petroleum production licence over a surrendered block under section 178 of the Act | 25,500 |\n| 8 | Petroleum production licence over an individual block under section 182 of the Act | 25,500 |\n| 9 | Petroleum production licence (other than a licence mentioned in item 7 or 8) | 25,500 |\n| 10 | Renewal of petroleum production licence (all types) under section 184 of the Act | 25,500 |\n| 11 | Infrastructure licence under section 198 of the Act | 25,500 |\n| 12 | Variation of infrastructure licence under section 204 of the Act | 25,500 |\n| 13 | Pipeline licence under section 217 of the Act | 18,000 |\n| 14 | Variation of pipeline licence under section 226 of the Act | 18,000 |\n| 15 | Petroleum special prospecting authority under section 234 of the Act | 10,000 |\n\nDivision 2—Fees payable under section 516A of the Act\n\n2  Application fees payable under section 516A of the Act\n\n  The following table sets out the application fees payable under section 516A of the Act.\n\n \n\n- Fees payable under section 516A of the Act\n- Item Type of application Fee ($)\n- 1 Approval of transfer of a title under section 473 of the Act 10,000\n- 2 Approval of dealing relating to a title under section 488 of the Act 10,000\n- 3 Approval of a dealing relating to a title that may come into existence in the future under section 498 of the Act 10,000\n\nDivision 3—Fees payable under section 566M of the Act\n\n3  Application fees payable under section 566M of the Act\n\n  The following table sets out the application fees payable under section 566M of the Act.\n\n \n\n- Fees payable under section 566M of the Act\n- Item Type of application Fee ($)\n- 1 Application for approval of change in control of a registered holder of a title under section 566C of the Act 10,000\n\nDivision 4—Fees payable under section 695L of the Act\n\n4  Application etc. fees payable under section 695L of the Act\n\n  For the purposes of subsection 695L(1) of the Act, the following table specifies fees that the Titles Administrator may charge for the processing of an application, request or nomination in the performance of a function, or the exercise of a power, of the Titles Administrator under the Act or this instrument.\n\nNote: The functions of the Titles Administrator are set out in section 695B of the Act.\n\n \n\n- Fees payable under section 695L of the Act\n- Item Type of application, request or nomination Fee ($)\n- 1 Nomination by permittee for declaration of a location in relation to a petroleum title under section 129 of the Act 25,500\n- 2 Request for variation of a declaration of location under subsection 133(1) of the Act 25,500\n- 3 Application for a petroleum access authority under section 242 of the Act 10,000\n- 4 Application for one or more of the following under item 1 of the table in subsection 264(1) of the Act in relation to a title:(a) variation of conditions of permit, lease or licence;(b) suspension of conditions and extension of the term of permit or lease;(c) exemption from conditions of permit, lease or licence;(d) suspension of conditions of permit, lease or licence 18,000\n- 5 Application for a consent to surrender a title under section 269 of the Act 18,000\n- 6 Application for approval to carry out one or more key greenhouse gas operations under a greenhouse gas assessment permit under section 292 or 292A of the Act 18,000\n- 7 Application for a declaration of a part of a geological formation as an identified greenhouse gas storage formation under section 312 or 312A of the Act 40,000\n- 8 Application for variation of a declaration of an identified greenhouse gas storage formation under section 313 of the Act 40,000\n- 9 Application for approval to carry out one or more key greenhouse gas operations under a greenhouse gas holding lease under section 321 or 321A of the Act 18,000\n- 10 Application for a greenhouse gas special authority under section 415 of the Act 10,000\n- 11 Application for one or more of the following under item 1 of the table in subsection 436(1) of the Act in relation to a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence:(a) variation or suspension of any of the conditions to which the permit, lease or licence is subject;(b) exemption from compliance with any of the conditions to which the permit, lease or licence is subject 18,000\n- 12 Application for one or more of the following under item 1 of the table in subsection 439A(1) of the Act in relation to a cross‑boundary greenhouse gas assessment permit, cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence:(a) variation or suspension of any of the conditions to which the permit, lease or licence is subject;(b) exemption from compliance with any of the conditions to which the permit, lease or licence is subject 18,000\n- 13 Application for a consent to surrender a title under section 441 of the Act 18,000\n- 14 Application for acceptance of a field development plan under section 41 of this instrument 25,500\n- 15 Application for acceptance of a varied field development plan under section 46 of this instrument 25,500\n- 16 Application for permission to undertake recovery of petroleum from a petroleum pool in a licence area under section 57 of this instrument 25,500\n- 17 Application for approval of the rate of recovery of petroleum from one or more petroleum pools in a licence area under section 60 of this instrument 25,500\n\nPart 2—Fees for greenhouse gas applications\n\nDivision 1—Fees payable under section 427 of the Act\n\n5  Application fees payable under section 427 of the Act\n\n  The following table sets out the application fees payable under section 427 of the Act.\n\n \n\n| 1 | Grant of work‑bid greenhouse gas assessment permit | 18,000 |\n| 2 | Grant of cross‑boundary greenhouse gas assessment permit | 18,000 |\n| 3 | Grant of cash‑bid greenhouse gas assessment permit | 18,000 |\n| 4 | Renewal of greenhouse gas assessment permit | 18,000 |\n| 5 | Grant of greenhouse gas holding lease (all types) | 25,500 |\n| 6 | Renewal of greenhouse gas holding lease | 25,500 |\n| 7 | Grant or variation of greenhouse gas injection licence | 40,000 |\n| 8 | Grant of greenhouse gas search authority | 10,000 |\n| 9 | Issue of site closing certificate | 18,000 |\n\nDivision 2—Fees payable under section 565A of the Act\n\n6  Application fees payable under section 565A of the Act\n\n  The following table sets out the application fees payable under section 565A of the Act.\n\n \n\n| 1 | Application for approval of transfer of greenhouse gas title under section 525 of the Act | 10,000 |\n| 2 | Application for approval of dealing relating to greenhouse gas title under section 539 of the Act | 10,000 |\n| 3 | Provisional application for approval of dealing in future interest relating to greenhouse gas title under section 548 of the Act | 10,000 |\n\n \n\n \n","sortOrder":278}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Compared with the earlier regulatory framework, this instrument significantly broadens and deepens the administrative and substantive coverage. Concretely: it integrates and puts greenhouse‑gas titleholders on largely the same prescriptive footing as petroleum titleholders (mirror reporting, sample‑retention and disclosure rules — see Parts 7–10 versus Parts 9–10), introduces more granular and shorter disclosure/confidentiality timeframes for a wide range of data types (Parts 8 & 10, ss152–156, 202–205), and adds extensive procedural machinery for classification disputes and ministerial review (ss145–149, 194–198). It also creates a detailed, prescriptive set of obligations for FDPs, recovery rates and well operations management with explicit triggers for variation and withdrawal (ss39–60, 76–95). Together these elements move the instrument beyond simple administrative updates toward a more interventionist, information‑centric regime — raising administrative oversight, shortening commercial confidentiality periods, and expanding the Titles Administrator’s and NOPSEMA’s operational workload. Examples: mandatory return/retention rules for cores/samples and required secondary samples after overseas analysis (ss120–122, 166–168); specific public release deadlines for greenhouse‑gas accounting reports (ss181–184, 201); and a broad schedule of application fees (Schedule 1) to fund processing. These changes materially broaden the instrument’s practical scope compared with a narrower, petroleum‑only reporting/regulation model."},"complexity_factors":["Instrument length and structure: 16 Parts, extensive Schedules and transitional provisions — approximately 260 numbered sections and multiple schedules.","Dual regulatory regimes: largely parallel, detailed rules for both petroleum and greenhouse‑gas titleholders (many mirrored provisions in Parts 7–10 and 9–10).","Large number of defined terms and technical definitions in the interpretation section that affect application across many provisions (see s6 and terms used throughout).","Highly prescriptive reporting regime with many different formats, deadlines and data‑types (daily, weekly, monthly, annual, initial/final reports) — extensive cross‑references to data format and medium (ss124–136, 128–133, 170–179, 181–184, 126–127).","Multiple approval and review pathways: Titles Administrator, Joint Authority, NOPSEMA and responsible Commonwealth Minister each have distinct decision powers (FDPs ss41–44; well plans ss78–81; data classification ss145–149, 194–197).","Nested conditional logic and exceptions (e.g. permitted short‑term production without accepted FDP, varied FDPs required on change of control, exceptions for overseas sample destruction) (ss46, 57–58, 120(3), 166(3)).","Confidentiality/disclosure dispute process with staged notices, objection periods and ministerial review (ss145–149, 194–198) — multi‑layered administrative appeal path.","Extensive enforcement architecture: strict liability offences, civil penalties, infringement notices, enforceable undertakings, injunctions, and daily continuing penalties (Part 15, ss231–237).","Transition, saving and application provisions that carry forward or map many prior‑regulation decisions into the new regime (Part 16), increasing interpretive complexity for legacy matters.","Numerous cross‑references to other instruments (Environment and Safety Regulations) and Acts (Royalty Act) — interconnected regulatory dependencies (Part 13, ss225, 156, Schedule 1 fee cross‑references)."],"plain_english_summary":"**What this instrument does (mechanics)\n\n- Establishes detailed rules that petroleum and greenhouse‑gas titleholders must follow for: notifying discoveries, annual and event reporting, field development plans (FDPs), well integrity management, rates of petroleum recovery, data collection/retention and the release of technical information to government or the public. (See: objects, s5; FDPs ss39–45; well plans ss76–82; data retention ss116, 119–122; data release Parts 8 & 10.)\n\n- Creates administrative processes and decision‑points. Key decision makers are the Titles Administrator, the Joint Authority, NOPSEMA (safety/environment regulator) and the responsible Commonwealth Minister. These bodies publish forms, request further information, accept or reject plans and can impose conditions. (See ss41–44, 78–81, 139, Parts 8 & 10.)\n\n- Sets time limits and formats for many reports and data deliveries (daily drilling/geological reports, initial and final well completion reports, weekly and processed survey reports, monthly production and injection accounting reports, annual title and well integrity reports). Failure to comply attracts criminal (strict liability) offences and/or civil penalties; continuing non‑compliance can attract daily penalties. (See ss124–136, 170–184, 25, 96, 231–237.)\n\n- Requires accepted field development plans before routine production (subject to narrow short‑term exceptions and permissions) and requires Joint Authority approval of recovery rates. It also prescribes when an FDP must be varied or may be withdrawn. (See ss39–60.)\n\n- Provides detailed rules on collection, retention and return of cores, cuttings and samples (including rules when samples are analysed overseas and which secondary samples must be supplied to the Titles Administrator). (See ss118–122, 136–137.)\n\n- Sets rules for classification of supplied documentary material (permanently confidential; interpretative; open/basic) and for dispute/objection and ministerial review. It fixes disclosure timeframes (confidentiality periods) by type of data and operation, and specifies how survey information may be released or withheld for national‑interest reasons. (See ss142–156, 191–205.)\n\n- Prescribes fees for many types of applications and services (Schedule 1). (See Schedule 1 and ss210–211.)\n\n- Provides enforcement mechanics (infringement notices, civil penalties, enforceable undertakings, injunctions) and lists authorised applicants/officers. (See Part 15, ss231–235, 232, 233.)\n\nWho is affected\n\n- Directly affected: holders of petroleum titles (exploration permits, retention leases, production licences) and greenhouse gas titles (assessment permits, holding leases, injection licences) and their contractors. (See definitions in s6 and application lists in ss12, 17, 24, 71.)\n\n- Administrative bodies: Titles Administrator (data, forms, notices), Joint Authority (FDPs, recovery rates), NOPSEMA (well plan acceptance, well integrity supervision) and the responsible Commonwealth Minister (greenhouse gas matters, some disclosure decisions). (See ss41–44, 78–81, 139, 145–149, 191–197.)\n\n- Indirectly affected: downstream users of technical data (energy industry, other titleholders, research bodies), State/Territory ministers in cross‑boundary cases (s21), and hydrographic and royalty agencies (ss225, 227).\n\nWhy it matters (purpose claims and practical testing)\n\n- Official purpose claims: to secure good oilfield practice, optimise long‑term recovery, ensure timely consistent reporting, improve data collection/retention and manage confidentiality and disclosure of technical information (s5). Those aims are implemented by prescriptive reporting, approvals for development and recovery rates, and rules for data handling.\n\n- Costs and compliance burden: the instrument imposes frequent reporting (daily, weekly, monthly, annual), strict deadlines (many within 3–30 days), detailed content requirements and formats (see ss124–136, 128–133, 135, 181–184). That increases recurring compliance costs (staff time, contractors, data management, secure storage) for titleholders, and requires administrative capacity in Titles Administrator and NOPSEMA to process material and classification disputes (see ss139, 145–149, 196–198).\n\n- Incentives and behaviour changes: titleholders are pushed toward earlier and more detailed disclosure, more formal planning (FDPs, well plans), and retention of samples/data in Australia (ss119–121, 165–167). The FDP and recovery‑rate regimes (ss39–60) shift some operational decision rights from operators to the Joint Authority (approval, variation, withdrawal), increasing administrative oversight of production strategy.\n\n- Trade‑offs and opportunity costs: tighter disclosure timelines and mandatory retention (ss119–122, Parts 8 & 10) protect public/industry access to technical data but can diminish the duration of commercial exclusivity for new surveys or subsurface interpretations. Requiring cores/samples to remain in Australia, or be returned after overseas analysis (ss120, 166), can raise logistics and laboratory cost choices (domestic vs overseas) and slow some project workflows.\n\n- Bureaucratic discretion and dispute risk: the Titles Administrator and NOPSEMA have broad powers to request additional information, dispute confidentiality claims, and specify data formats (ss42, 80, 138, 139, 145–148, 194–197). Classification disputes and ministerial review paths are provided (ss146–149, 195–198), but those add administrative steps and potential delay.\n\n- Effects on private choice and markets: the rules increase data transparency and reduce information asymmetry between incumbents and new entrants (data release schedules, ss152–155, 199–206). That can lower barriers for later explorers but reduces first‑mover commercial advantage. Mandatory FDPs and recovery‑rate approvals (ss39–60) standardise development practice, which may improve reservoir stewardship but constrain operational flexibility absent short‑term permissions (ss57–66).\n\n- Compliance risk and implementation: many hard deadlines and continuing penalty regimes (ss237) raise the cost of even inadvertent lapses. The Titles Administrator and NOPSEMA must scale data handling, secure storage and classification processes to the volume of incoming reports and samples. The instrument also relies on other instruments (environment and safety regs) for cross‑cutting matters (Part 13).\n\nWho pays, who decides, what changes\n\n- Who pays: titleholders bear the direct costs (preparing and giving reports/data, retaining cores/samples, application fees in Schedule 1) and face penalties for breaches (see Schedule 1 fees and Part 15 enforcement). The public agencies (Titles Administrator, NOPSEMA) incur administrative costs to process, classify and publish data.\n\n- Who decides: Titles Administrator (many reporting/data functions and forms, s139), Joint Authority (acceptance/withdrawal of FDPs, recovery rates, ss43–44, 60–63), NOPSEMA (acceptance/withdrawal and revision of well operations plans, ss79–81, 91–94) and responsible Commonwealth Minister (some greenhouse gas and disclosure decisions, Parts 8 & 10).\n\n- Behaviour changes required: more frequent and earlier reporting; acceptance and adherence to FDPs and well plans; keeping and providing specified samples/data; notifying surveys, discoveries and significant events; engaging with classification/disclosure processes and possibly modifying commercial data handling to fit the confidentiality timelines and disclosure rules (Parts 8 & 10).\n\nPractical implementation risks and mitigation points\n\n- Capacity constraints at Titles Administrator/NOPSEMA to process volume and handle disputes (see ss139, 145–149, 196–197).\n- Possible commercial effects of disclosure timelines on data monetisation and contracting (see Parts 8 & 10 and ss152–155, 202–205).\n- Administrative complexity for multi‑title holders (combining reports allowed with permission, s33, and nomination rules for serving documents, ss218–219, reduce friction but require governance) .\n\nKey sections for quick reference: objects (s5); FDPs (ss39–45); recovery rates (ss59–66); well plans and integrity (ss76–82, 96–104); data retention and samples (ss116, 118–122, 136–137); data release/classification (Parts 8 & 10, ss142–156, 191–206); enforcement (Part 15, ss231–237); fees (Schedule 1)."},"kimi_summary":{"_metrics":{"completionTokens":729},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their stated purpose under section 782(1) of the Act. They implement detailed administrative requirements for resource management, data collection, and safety oversight without expanding beyond the Act's framework. The parallel petroleum and greenhouse gas regimes reflect the Act's dual-purpose structure."},"complexity_factors":["16 Parts with 50+ Divisions and numerous Subdivisions creating deeply nested structure","Extensive cross-referencing to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and other legislation","Multiple parallel but slightly different regimes for petroleum vs greenhouse gas operations","Detailed technical specifications for data formats, sample quantities, and reporting timelines","Complex confidentiality classification system with dispute resolution mechanisms (Titles Administrator → Minister → judicial review)","Continuing offence provisions with daily penalty accumulation","Numerous defined terms (47+ in section 6 alone) with layered meanings","Conditional logic: exceptions to exceptions (e.g., core samples sent overseas with notice)","Multiple decision-makers with different roles: Joint Authority, Titles Administrator, NOPSEMA, responsible Commonwealth Minister","Transition provisions preserving actions under repealed regulations"],"plain_english_summary":"This law sets a comprehensive regulatory framework for offshore petroleum production and greenhouse‑gas storage in Australian waters, requiring operators to meet detailed reporting, safety, well‑integrity, data‑management and public‑disclosure obligations. It also establishes enforcement measures, including civil and criminal penalties for non‑compliance.\n\nIt primarily affects companies holding exploration, production or greenhouse‑gas titles, and the regulators (NOPSEMA, the Titles Administrator and the Commonwealth Minister), by formalizing transparency, safety and environmental accountability for offshore operations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/offshore-petroleum-and-greenhouse-gas-storage-resource-management-and-administration-regulations-202","history":"/api/acts/offshore-petroleum-and-greenhouse-gas-storage-resource-management-and-administration-regulations-202/history","analysis":"/api/acts/offshore-petroleum-and-greenhouse-gas-storage-resource-management-and-administration-regulations-202/analysis","conflicts":"/api/acts/offshore-petroleum-and-greenhouse-gas-storage-resource-management-and-administration-regulations-202/conflicts","importantCases":"/api/acts/offshore-petroleum-and-greenhouse-gas-storage-resource-management-and-administration-regulations-202/important-cases","documents":"/api/acts/offshore-petroleum-and-greenhouse-gas-storage-resource-management-and-administration-regulations-202/documents"}}