Victoria act

Offshore Petroleum and Greenhouse Gas Storage Act 2010

In ForceVIC

Jurisdiction

Victoria

Collection

act

Plain English Summary

7/10 complexity

The Offshore Petroleum and Greenhouse Gas Storage Act 2010 (Vic) creates a legal framework for offshore oil and gas exploration/production and for underground storage of greenhouse gases beneath the seabed. It requires licences and permits, sets operational and safety obligations, and gives regulators enforcement powers. It affects resource and carbon‑storage companies, government regulators, and the public — balancing industry activity with environmental risk and climate mitigation goals.

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803

170

Grant of petroleum production licence 241

170 Grant of petroleum production licence 241

171 Petroleum exploration permit or petroleum retention lease ceases to be in force when petroleum production licence comes into force 241

172 Petroleum exploration permit or petroleum retention lease transferred—transferee to be treated as applicant 242

Division 3—Obtaining a cash‑bid petroleum production licence over a surrendered block or similar block 243

173 Application for cash‑bid petroleum production licence over surrendered blocks or similar blocks 243

174 Deposit 245

175 Grant of cash‑bid petroleum production licence—only one application 245

176 Grant of cash‑bid petroleum production licence—2 or more applications 246

177 Grant of cash‑bid petroleum production licence 248

Division 4—Obtaining petroleum production licences over individual blocks 249

178 Applications for petroleum production licences over individual blocks 249

179 Grant of petroleum production licences over individual blocks 250

Division 4A—Obtaining a petroleum production licence as a result of a change to the boundary of the offshore area 251

179A Grant of petroleum production licence as a result of a change to the boundary of the offshore area 251

Division 5—What happens if a block is not taken up 254

180 Revocation of petroleum exploration permit or petroleum retention lease to the extent to which it relates to a block not taken up 254

Division 6—Petroleum field development 256

Subdivision 1—Directions about the recovery of petroleum 256

181 Direction to recover petroleum 256

182 Directions about the rate of recovery of petroleum 256

Subdivision 2—Unit development 257

183 Definitions 257

184 Unit development agreement and unit development scheme 258

185 Directions 259

186 Consultation 261

Part 2.5—Infrastructure licences 262

Division 1—General provisions 262

187 Simplified outline 262

188 Prohibition of unauthorised construction or operation of an infrastructure facility in the offshore area 262

189 Rights conferred by an infrastructure licence 263

190 Conditions of infrastructure licences 264

191 Duration of infrastructure licence 265

192 Termination of infrastructure licence if no operations for 5 years 265

Division 2—Obtaining an infrastructure licence 267

193 Application for infrastructure licence 267

194 Grant of infrastructure licence—offer document 267

195 Refusal to grant infrastructure licence 268

196 Grant of infrastructure licence 268

197 Consultation with petroleum titleholders—grant of infrastructure licence 268

198 Consultation with greenhouse gas titleholders—grant of infrastructure licence 271

Division 3—Varying an infrastructure licence 273

199 Application for variation of infrastructure licence 273

200 Variation of infrastructure licence 273

201 Consultation with petroleum titleholders—variation of infrastructure licence 274

202 Consultation with greenhouse gas titleholders—variation of infrastructure licence 276

Part 2.6—Pipeline licences 279

Division 1—General provisions 279

203 Simplified outline 279

204 Offence of unauthorised construction or operation of a pipeline in the offshore area 279

205 Offence of starting to operate a pipeline 280

206 Offence of recommencing to operate a pipeline 280

207 Defences 280

208 Consents and certificates 281

209 Rights conferred by pipeline licence 281

210 Conditions of pipeline licences 282

211 Approval by Minister of greenhouse gas substance to be conveyed in a pipeline 283

212 Duration of pipeline licence 284

213 Termination of pipeline licence if no operations for 5 years 285

214 Alteration or removal of pipeline constructed in breach of this Act 287

Division 2—Obtaining a pipeline licence 288

215 Application for pipeline licence 288

216 Rights of petroleum production licensees following application for petroleum‑related pipeline licences by other persons 290

217 Rights of petroleum production licensees following application for greenhouse gas‑related pipeline licences by other persons 291

218 Rights of greenhouse gas injection licensees following application for greenhouse gas‑related pipeline licences by other persons 293

219 Grant of petroleum‑related pipeline licence—offer document 294

220 Grant of greenhouse gas‑related pipeline licence—offer document 297

221 Refusal to grant petroleum‑related pipeline licence 304

222 Refusal to grant greenhouse gas‑related pipeline licence 305

223 Grant of pipeline licence 309

Division 3—Varying a pipeline licence 310

224 Variation of pipeline licence on application by licensee 310

225 Variation of pipeline licence at the request of a Minister or a statutory body 311

Division 4—Pipeline operation 313

226 Ceasing to operate pipeline without consent 313

Part 2.7—Petroleum special prospecting authorities 314

Division 1—General provisions 314

227 Simplified outline 314

228 Rights conferred by petroleum special prospecting authority 314

229 Conditions of petroleum special prospecting authorities 315

230 Duration of petroleum special prospecting authority 315

231 Petroleum special prospecting authority cannot be transferred 316

Division 2—Obtaining a petroleum special prospecting authority 316

232 Application for petroleum special prospecting authority 316

233 Grant or refusal of petroleum special prospecting authority 317

234 Holders to be informed of the grant of another petroleum special prospecting authority 317

235 Holders to be informed of the grant of greenhouse gas search authority 318

Part 2.8—Petroleum access authorities 319

Division 1—General provisions 319

236 Simplified outline 319

237 Rights conferred by petroleum access authority 319

238 Conditions of petroleum access authorities 320

239 Duration of petroleum access authority 320

Division 2—Obtaining a petroleum access authority 321

240 Application for petroleum access authority 321

241 Grant or refusal of petroleum access authority 323

242 Consultation—grant of petroleum access authority in the offshore area 324

Division 3—Variation of petroleum access authorities 326

243 Variation of petroleum access authority 326

244 Consultation—variation of petroleum access authority in the offshore area 326

Division 4—Reporting obligations of holders of petroleum access authorities 328

245 Reporting obligations of holders of petroleum access authorities 328

Division 5—Revocation of petroleum access authorities 328

246 Revocation of petroleum access authority 328

Part 2.9—Petroleum scientific investigation consents 330

247 Simplified outline 330

248 Rights conferred by petroleum scientific investigation consent 330

249 Conditions of petroleum scientific investigation consents 330

250 Grant of petroleum scientific investigation consent 331

Part 2.10—Standard procedures 332

251 Application to be made in an approved manner 332

252 Application fee 332

253 Application may set out additional matters 333

254 Minister may require further information 334

255 Offer documents 336

256 Acceptance of offer—request by applicant 338

257 Acceptance of offer—payment 341

258 Consultation—adverse decisions 342

259 Minister may require information about negotiations for a designated agreement 343

Part 2.11—Variation, suspension and exemption 345

Division 1—Variation, suspension and exemption decisions relating to petroleum exploration permits, petroleum retention leases, petroleum production licences, infrastructure licences and pipeline licences 345

260 Variation, suspension and exemption—conditions of titles 345

261 Extension of term of petroleum exploration permit or petroleum retention lease—suspension or exemption 347

262 Suspension of rights—petroleum exploration permit or petroleum retention lease 348

263 Extension of term of petroleum exploration permit or petroleum retention lease—suspension of rights 348

263A Variation of a State title—including an area as the result of a change to the boundary of the offshore area 349

Division 2—Variation, suspension and exemption decisions relating to petroleum special prospecting authorities and petroleum access authorities 355

264 Variation, suspension and exemption—conditions of petroleum special prospecting authorities and petroleum access authorities 355

Part 2.12—Surrender of titles 357

Division 1—Surrender of petroleum exploration permits, petroleum production licences, petroleum retention leases, infrastructure licences and pipeline licences 357

265 Application for consent to surrender title 357

266 Consent to surrender title 357

267 Surrender of title 361

Division 2—Surrender of petroleum special prospecting authorities and petroleum access authorities 361

268 Surrender of petroleum special prospecting authority 361

269 Surrender of petroleum access authority 361

Part 2.13—Cancellation of titles 362

Division 1—Cancellation of petroleum exploration permits, petroleum production licences, petroleum retention leases, infrastructure licences and pipeline licences 362

270 Grounds for cancellation of title 362

271 Cancellation of title 363

272 Consultation 364

273 Cancellation of title not affected by other provisions 364

Division 2—Cancellation of petroleum special prospecting authorities 367

274 Cancellation of petroleum special prospecting authority 367

Part 2.14—Other provisions 368

275 Reservation of blocks 368

276 Interference with other rights 369

277 No conditions about payment of money 370

278 Changes to the boundary of the offshore area 371

279 Notification of discovery of petroleum in petroleum exploration permit area or petroleum retention lease area 372

280 Property in recovered petroleum 373

281 Certain payments to be made by State to Commonwealth 374

282 Determination to be disregarded in certain cases 375

Chapter 3—Regulation of activities relating to injection and storage of greenhouse gas substances 376

Part 3.1—Introduction 376

283 Simplified outline 376

Part 3.2—Greenhouse gas assessment permits 378

Division 1—General provisions 378

284 Simplified outline 378

285 Prohibition of unauthorised exploration for potential greenhouse gas storage formation, or potential greenhouse gas injection site, in offshore area 379

286 Rights conferred by greenhouse gas assessment permit 379

287 Conditions of greenhouse gas assessment permits 381

288 Standard conditions of greenhouse gas assessment permits 382

289 Conditions on work‑bid greenhouse gas assessment permits 382

290 Conditions on cash-bid greenhouse gas assessment permits 383

291 Approval by Minister of key greenhouse gas operations 383

292 Minister must have regard to certain matters before approving key greenhouse gas operations 384

293 Circumstances in which approval of key greenhouse gas operations must not be given 387

294 Duration of greenhouse gas assessment permit 388

295 Extension of greenhouse gas assessment permit if permittee applies for a declaration of an identified greenhouse gas storage formation 394

296 Extension of greenhouse gas assessment permit if permittee applies for a greenhouse gas holding lease or greenhouse gas injection licence 395

296A Extension of duration of existing greenhouse gas assessment permit if permittee applies for a cross‑boundary greenhouse gas assessment permit 397

296B Permit area of cross‑boundary greenhouse gas assessment permit 398

Division 2—Obtaining a work‑bid greenhouse gas assessment permit 399

297 Application for work‑bid greenhouse gas assessment permit—advertising of blocks 399

298 Retention lessee or production licensee to be notified of proposal to advertise blocks 401

299 Grant of work‑bid greenhouse gas assessment permit—offer document 402

300 Granting of offer document for work‑bid greenhouse gas assessment permit 402

301 Criteria for determining most deserving applicant for work‑bid greenhouse gas assessment permit 403

302 Ranking of applicants for work‑bid greenhouse gas assessment permit 404

303 Grant of work‑bid greenhouse gas assessment permit 405

304 Withdrawal of application 406

305 Effect of withdrawal or lapse of application 407

Division 2A—Consolidated work-bid greenhouse gas assessment permits 408

305A Application for a consolidated work-bid greenhouse gas assessment permit 408

305B Grant of consolidated work-bid greenhouse gas assessment permit 410

305C Consequences of grant of consolidated work-bid greenhouse gas assessment permit 411

Division 3—Obtaining a cash‑bid greenhouse gas assessment permit 411

306 Application for cash‑bid greenhouse gas assessment permit 411

307 Retention lessee or production licensee to be notified of proposal to advertise blocks 413

308 Grant of cash‑bid greenhouse gas assessment permit—only one application 414

309 Grant of cash‑bid greenhouse gas assessment permit—2 or more applications 414

310 Grant of cash‑bid greenhouse gas assessment permit 416

Division 4—Renewal of greenhouse gas assessment permits 417

311 Application for renewal of greenhouse gas assessment permit 417

312 Renewal of greenhouse gas assessment permit—offer document 420

313 Refusal to renew greenhouse gas assessment permit 423

314 Renewal of greenhouse gas assessment permit 425

Division 5—Declaration of identified greenhouse gas storage formation 425

315 Application for declaration of identified greenhouse gas storage formation 425

316 Request for further information or further analysis 427

317 Variation of applications under section 315 427

318 Declaration of identified greenhouse gas storage formation 428

319 Variation of declaration of identified greenhouse gas storage formation 429

320 Revocation of declaration of identified greenhouse gas storage formation 431

321 Register of Identified Greenhouse Gas Storage Formations 432

Division 6—Directions 432

322 Minister may give directions to greenhouse gas assessment permittees 432

323 Compliance with directions 434

Part 3.3—Greenhouse gas holding leases 435

Division 1—General provisions 435

324 Simplified outline 435

325 Rights conferred by greenhouse gas holding lease 436

326 Conditions of greenhouse gas holding leases 437

327 Standard conditions of greenhouse gas holding leases 438

328 Conditions on greenhouse gas holding lease 438

329 Approval by Minister of key greenhouse gas operations 439

330 Minister must have regard to certain matters 439

331 Circumstances in which the approval must not be given 442

332 Duration of greenhouse gas holding lease 443

333 Extension of greenhouse gas holding lease if lessee applies for a special greenhouse gas holding lease or greenhouse gas injection licence 444

333A Lease area of cross‑boundary greenhouse gas holding lease 445

Division 2—Obtaining a greenhouse gas holding lease 447

Subdivision 1—Application for greenhouse gas holding lease by the holder of a greenhouse gas assessment permit 447

334 Application for greenhouse gas holding lease by the holder of a greenhouse gas assessment permit 447

335 Applications under section 334 449

336 Variation of applications under section 334 450

337 Grant of greenhouse gas holding lease—offer document 451

338 Refusal to grant greenhouse gas holding lease 453

339 Grant of greenhouse gas holding lease 453

340 Greenhouse gas assessment permit ceases to be in force when greenhouse gas holding lease comes into force 454

341 Greenhouse gas assessment permit transferred—transferee to be treated as applicant 454

Subdivision 2—Application for greenhouse gas holding lease by the holder of a greenhouse gas injection licence 455

342 Application for greenhouse gas holding lease by the holder of a greenhouse gas injection licence 455

343 Variation of applications under section 342 456

344 Grant of greenhouse gas holding lease—offer document 456

345 Refusal to grant greenhouse gas holding lease 457

346 Grant of greenhouse gas holding lease 458

347 Greenhouse gas injection licence ceases to be in force when greenhouse gas holding lease comes into force 458

348 Greenhouse gas injection licence transferred—transferee to be treated as applicant 459

Subdivision 3—Application for special greenhouse gas holding lease by an unsuccessful applicant for a greenhouse gas injection licence 459

349 Application for special greenhouse gas holding lease by an unsuccessful applicant for a greenhouse gas injection licence 459

350 Variation of applications under section 349 461

351 Grant of special greenhouse gas holding lease—offer document 461

352 Grant of special greenhouse gas holding lease 462

353 Greenhouse gas assessment permit ceases to be in force when special greenhouse gas holding lease comes into force 463

354 Ordinary greenhouse gas holding lease ceases to be in force when special greenhouse gas holding lease comes into force 463

355 Greenhouse gas assessment permit transfer—transferee to be treated as applicant 463

356 Greenhouse gas holding lease transfer—transferee to be treated as applicant 464

Subdivision 4—Application for greenhouse gas holding lease by the holder of a petroleum retention lease 464

357 Application for greenhouse gas holding lease by the holder of a petroleum retention lease 464

358 Variation of applications under section 357 468

359 Grant of greenhouse gas holding lease—offer document 468

360 Grant of greenhouse gas holding lease 469

361 Retention lease transfer—transferee to be treated as applicant 469

Division 3—Renewal of greenhouse gas holding leases 470

362 Application for renewal of greenhouse gas holding lease 470

363 Renewal of greenhouse gas holding lease—offer document 471

364 Refusal to renew greenhouse gas holding lease 474

365 Renewal of greenhouse gas holding lease 476

Division 4—Directions 477

366 Minister may give directions to greenhouse gas holding lessees 477

367 Compliance with directions 478

Division 5—Special greenhouse gas holding lessee may be requested to apply for a greenhouse gas injection licence 479

368 Minister may request special greenhouse gas holding lessee to apply for a greenhouse gas injection licence 479

Division 6—Cancellation of certain greenhouse gas holding leases granted to the holders of petroleum retention leases 480

369 Cancellation of certain greenhouse gas holding leases granted to the holders of petroleum retention leases 480

Part 3.4—Greenhouse gas injection licences 481

Division 1—General provisions 481

370 Simplified outline 481

371 Prohibition of unauthorised injection and storage of substances in offshore area 482

372 Rights conferred by greenhouse gas injection licence 482

373 Conditions of greenhouse gas injection licences 484

374 Injection and storage of greenhouse gas substance 485

375 Other standard conditions of greenhouse gas injection licences 487

376 Imposition of additional conditions 488

377 Duration of greenhouse gas injection licence 489

378 Termination of greenhouse gas injection licence if no injection operations for 5 years 489

378A Licence area of cross‑boundary greenhouse gas injection licence 491

Division 2—Obtaining a greenhouse gas injection licence 493

Subdivision 1—Application for greenhouse gas injection licence by the holder of a greenhouse gas assessment permit or greenhouse gas holding lease 493

379 Application for greenhouse gas injection licence by greenhouse gas assessment permittee or greenhouse gas holding lessee 493

380 Applications under section 379 495

381 Variation of applications under section 379 497

382 Offer document for application by permittee 497

383 Offer document for application by lessee 502

384 Public interest in grant of greenhouse gas injection licence 507

385 Commercial viability test 508

386 Refusal to grant greenhouse gas injection licence 508

387 Grant of greenhouse gas injection licence 508

388 Deferral of decision to grant greenhouse gas injection licence—pending application for post‑commencement petroleum exploration permit 509

389 Greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force when greenhouse gas injection licence comes into force 510

390 Greenhouse gas assessment permit transfer—transferee to be treated as applicant 510

391 Greenhouse gas holding lease transfer—transferee to be treated as applicant 511

Subdivision 2—Application for greenhouse gas injection licence by the holder of a petroleum production licence 511

392 Application for greenhouse gas injection licence by the holder of a petroleum production licence 511

393 Applications under section 392 515

394 Variation of applications under section 392 516

395 Grant of greenhouse gas injection licence—offer document 517

396 Refusal to grant greenhouse gas injection licence 521

397 Grant of greenhouse gas injection licence 521

398 Petroleum production licence transferred—transferee to be treated as applicant 522

Division 3—Variations 523

399 Variation of matters specified in greenhouse gas injection licence—general 523

400 Variation of matters specified in greenhouse gas injection licence—declaration of identified greenhouse gas storage formation varied 524

Div 4

Directions 525

Division 4—Directions 525

401 Minister may give greenhouse gas injection licensee directions to protect geological formations containing petroleum pools etc. 525

402 Variation of matters inconsistent with direction to protect geological formations 526

403 Consultation—directions 528

404 Compliance with directions 530

Division 5—Dealing with serious situations 530

405 Serious situation 530

406 Powers of Minister to deal with serious situations 533

407 Variation of matters inconsistent with direction to deal with serious situation 535

408 Consultation—directions to do something outside the licence area 537

409 Compliance with directions 539

Division 6—Protection of petroleum discovered in the title area of a pre‑commencement petroleum title 539

410 Powers of Minister to protect petroleum discovered in the title area of a pre‑commencement petroleum title 539

411 Variation of matters inconsistent with direction to protect petroleum discovered in the title area of a pre-commencement petroleum title 545

412 Consultation—directions to do something outside the licence area 546

413 Compliance with directions 548

Division 7—Site closing certificates 548

414 Application for site closing certificate 548

415 Mandatory application—cessation of injection operations 550

416 Mandatory application—grounds for cancellation of licence 550

417 Compliance with direction to apply for site closing certificate 551

418 Mandatory application—greenhouse gas injection licence tied to a petroleum retention lease or petroleum production licence 551

418A Applications in relation to cross‑boundary greenhouse gas injection licences prohibited 552

419 Variation of applications for site closing certificate 552

420 Issue of site closing certificate—pre‑certificate notice 553

421 Matters to which the Minister must have regard—pre‑certificate notice 554

422 Circumstances in which a pre‑certificate notice may be refused 554

423 Circumstances in which a pre‑certificate notice must not be given 555

424 Acknowledgement of receipt of application for site closing certificate 556

425 Refusal to give pre‑certificate notice 556

426 Pre‑certificate notice—security etc. 556

427 Issue of site closing certificate 558

428 Greenhouse gas injection licence transferred—transferee to be treated as applicant 558

429 Duration of site closing certificate 559

430 Transfer of site closing certificate 559

431 Transfer of securities 559

432 Discharge of securities 560

433 Recovery of the State's costs and expenses 560

Part 3.5—Greenhouse gas search authorities 561

Division 1—General provisions 561

434 Simplified outline 561

435 Rights conferred by greenhouse gas search authority 562

436 Conditions of greenhouse gas search authorities 562

437 Duration of greenhouse gas search authority 562

438 Greenhouse gas search authority cannot be transferred 563

Division 2—Obtaining a greenhouse gas search authority 563

439 Application for greenhouse gas search authority 563

440 Grant or refusal of greenhouse gas search authority 564

441 Holders to be informed of the grant of another greenhouse gas search authority 564

442 Holders to be informed of the grant of a petroleum special prospecting authority 565

Part 3.6—Greenhouse gas special authorities 566

Division 1—General provisions 566

443 Simplified outline 566

444 Rights conferred by greenhouse gas special authority 566

445 Conditions of greenhouse gas special authorities 567

446 Duration of greenhouse gas special authority 567

Division 2—Obtaining a greenhouse gas special authority 568

447 Application for greenhouse gas special authority 568

448 Grant or refusal of greenhouse gas special authority 570

449 Consultation—grant of greenhouse gas special authority 571

Division 3—Variation of greenhouse gas special authorities 573

450 Variation of greenhouse gas special authority 573

451 Consultation—variation of greenhouse gas special authority 573

Division 4—Reporting obligations of holders of greenhouse gas special authorities 575

452 Reporting obligations of holders of greenhouse gas special authorities 575

Division 5—Revocation of greenhouse gas special authorities 575

453 Revocation of greenhouse gas special authority 575

Part 3.7—Greenhouse gas research consents 577

454 Simplified outline 577

455 Rights conferred by greenhouse gas research consent 577

456 Conditions of greenhouse gas research consents 578

457 Grant of greenhouse gas research consent 578

Part 3.8—Standard procedures 579

458 Application to be made in an approved manner 579

459 Application fee 579

460 Application may set out additional matters 580

461 Minister may require further information 580

462 Offer documents 581

463 Acceptance of offer—request by applicant 583

464 Acceptance of offer—payment 585

465 Acceptance of offer—lodgment of security 586

466 Consultation—adverse decisions 586

467 Minister may require information about negotiations for a designated agreement 587

Part 3.9—Variation, suspension and exemption 589

Division 1—Variation, suspension and exemption decisions relating to greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences 589

468 Variation, suspension and exemption—conditions of titles 589

469 Extension of term of greenhouse gas assessment permit or greenhouse gas holding lease—suspension or exemption 591

470 Suspension of rights—greenhouse gas assessment permit or greenhouse gas holding lease 592

471 Extension of term of greenhouse gas assessment permit or greenhouse gas holding lease—suspension of rights 592

Division 2—Variation, suspension and exemption decisions relating to greenhouse gas search authorities and greenhouse gas special authorities 593

472 Variation, suspension and exemption—conditions of greenhouse gas search authorities and greenhouse gas special authorities 593

Part 3.10—Surrender of titles 595

Division 1—Surrender of greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences 595

473 Application for consent to surrender title 595

474 Consent to surrender title 595

475 Sufficient grounds for surrender of title 598

476 Work‑bid greenhouse gas assessment permit—compliance with work condition 599

477 Surrender area 599

478 Surrender of title 600

Division 2—Surrender of greenhouse gas search authorities and greenhouse gas special authorities 601

479 Surrender of greenhouse gas search authority 601

480 Surrender of greenhouse gas special authority 601

Part 3.11—Cancellation of titles 602

Division 1—Cancellation of greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences 602

481 Grounds for cancellation of title 602

482 Cancellation of title 603

483 Consultation 604

484 Cancellation of title not affected by other provisions 605

Division 2—Cancellation of greenhouse gas search authorities 607

485 Cancellation of greenhouse gas search authority 607

Part 3.12—Other provisions 608

486 Notification of eligible greenhouse gas storage formation 608

486A Notification of eligible greenhouse gas storage formation—consolidation of work-bid greenhouse gas assessment permit 609

487 Notification of discovery of petroleum in greenhouse gas assessment permit area etc. 611

488 Disposing of waste or other matter 611

489 Additional securities etc. 612

490 Transfer of securities 614

491 Discharge of securities 614

492 Approved site plans 615

493 Variation of approved site plans 616

494 Co‑existence of greenhouse gas titles and petroleum titles 616

495 Reservation of blocks 618

496 Interference with other rights 619

497 No conditions about payment of money 620

498 Certain portions of blocks to be blocks 620

499 Changes to the boundary of the offshore area 622

500 Minister may monitor the behaviour of a greenhouse gas substance stored in a part of a geological formation 624

501 Monitoring information may be made publicly available 624

Chapter 4—Registration of transfers of, and dealings in, petroleum titles 625

Part 4.1—Introduction 625

502 Simplified outline 625

503 Definitions 625

504 Dealing—series of debentures 626

Part 4.2—Register of titles and petroleum special prospecting authorities 627

505 Register to be kept 627

506 Entries in Register—general 627

507 Entry in Register—cessation, revocation or expiry of title 629

Part 4.3—Transfer of titles 630

508 Approval and registration of transfers 630

509 Application for approval of transfer 630

510 Documents to accompany application 630

511 Time limit for application 631

512 Date of application to be entered in Register 631

513 Approval of transfer 631

514 Registration of transfer 632

515 Instrument of transfer does not create an interest in the title 633

516 Limit on effect of approval of transfers 633

Part 4.4—Devolution of title 634

517 Application to have name entered on the Register as the holder of a title 634

518 Entry of name in the Register 634

Part 4.5—Change in name of company 635

519 Application to have new name entered on the Register 635

520 Alteration in the Register 635

Part 4.6—Dealings relating to existing titles 636

521 Dealings to which this Part applies 636

522 Approval and registration of dealings 637

523 Application for approval of dealing 637

524 Documents to accompany application 638

525 Charge over assets of a body corporate—copies of documents 638

526 Timing of application 639

527 Application date to be entered in Register 639

528 Approval of dealing 640

529 Entry of dealing in Register 640

530 Retention, inspection and return of instruments 641

531 Strict compliance with application provisions not required 642

532 Limit on effect of approval of dealing 642

Part 4.7—Dealings in future interests 643

533 Provisional application for approval of dealing 643

534 Documents to accompany provisional application 643

535 Charge over assets of a body corporate—copies of documents 644

536 Timing of provisional application 644

537 Provisional application to be treated as an application under section 523 when title comes into existence 645

538 Limit on approval of dealing 646

Part 4.8—Correction and rectification of Register 647

539 Corrections of clerical errors or obvious defects 647

540 General power of correction of Register 647

541 Rectification of Register 648

Part 4.9—Information‑gathering powers 650

542 Minister may obtain information from applicants 650

543 Minister may obtain information from a party to an approved dealing 651

544 Production and inspection of documents 652

545 Minister may retain documents 653

Part 4.10—Other provisions 654

546 Minister not concerned with the effect of instrument lodged under this Chapter 654

547 True consideration to be shown 654

548 Making a false entry in a Register 655

549 Falsified documents 655

550 Inspection of Register and instruments 655

551 Evidence of matters entered in the Register 655

552 Evidentiary certificate 656

553 Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence 657

554 Person signing the certificate may be called to give evidence 657

555 Assessment of fee 658

556 Appeal against assessment of fee 658

557 Fees for entries in the Register of memoranda of transfers of title 659

558 Fees for approval of dealings relating to petroleum titles 661

559 Exemption from duty 666

Chapter 5—Registration of transfers of, and dealings in, greenhouse gas titles 667

Part 5.1—Introduction 667

560 Simplified outline 667

561 Definitions 667

562 Dealing—series of debentures 667

Part 5.2—Register of titles and greenhouse gas search authorities 669

563 Register to be kept 669

564 Entries in Register—general 669

565 Entry in Register—cessation or expiry of title 671

Part 5.3—Transfer of titles 672

566 Approval and registration of transfers 672

567 Application for approval of transfer 672

568 Documents to accompany application 672

569 Time limit for application 673

570 Date of application to be entered in Register 673

571 Approval of transfer 673

572 Registration of transfer 676

573 Instrument of transfer does not create an interest in the title 677

574 Limit on effect of approval of transfers 677

Part 5.4—Devolution of title 678

575 Application to have name entered on the Register as the holder of a title 678

576 Entry of name in the Register 678

Part 5.5—Change in name of company 679

577 Application to have new name entered on the Register 679

578 Alteration in the Register 679

Part 5.6—Dealings relating to existing titles 680

579 Dealings to which this Part applies 680

580 Approval and registration of dealings 681

581 Application for approval of dealing 681

582 Documents to accompany application 681

583 Timing of application 683

584 Application date to be entered in Register 683

585 Approval of dealing 683

586 Entry of dealing in Register 684

587 Retention, inspection and return of instruments 684

588 Strict compliance with application provisions not required 686

589 Limit on effect of approval of dealing 686

Part 5.7—Dealings in future interests 687

590 Provisional application for approval of dealing 687

591 Documents to accompany provisional application 687

592 Charge over assets of a body corporate—copies of documents 688

593 Timing of provisional application 688

594 Provisional application to be treated as an application under section 581 when title comes into existence 689

595 Limit on approval of dealing 690

Part 5.8—Correction and rectification of Register 691

596 Corrections of clerical errors or obvious defects 691

597 General power of correction of Register 691

598 Rectification of Register 692

Part 5.9—Information‑gathering powers 694

599 Minister may obtain information from applicants 694

600 Minister may obtain information from a party to an approved dealing 695

601 Production and inspection of documents 696

602 Minister may retain documents 697

Part 5.10—Other provisions 698

603 Minister not concerned with the effect of instrument lodged under this Chapter 698

604 True consideration to be shown 698

605 Making a false entry in the Register 699

606 Falsified documents 699

607 Inspection of Register and instruments 699

608 Evidence of matters entered in the Register 699

609 Evidentiary certificate 700

610 Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence 701

611 Person signing the certificate may be called to give evidence 701

612 Assessment of fee 702

613 Appeal against assessment of fee 702

Chapter 6—Administration 704

Part 6.1—Operations 704

614 Simplified outline 704

615 Commencement of works or operations 704

616 Work practices 705

617 Work practices 708

618 Insurance—petroleum permits, leases and licences 713

619 Insurance—petroleum authorities 713

620 Insurance—greenhouse gas titles 714

621 Maintenance and removal of property etc. by titleholder 715

Part 6.2—Directions relating to petroleum 718

Division 1—Simplified outline 718

622 Simplified outline 718

Division 2—General power to give directions 718

623 General power to give directions 718

624 Notification of a direction that has an extended application 721

625 Compliance with direction 722

Division 3—Minister may take action if there is noncompliance with a direction 723

626 Minister may take action if there is noncompliance with a direction 723

Division 4—Defence of taking reasonable steps to comply with a direction 724

627 Defence of taking reasonable steps to comply with a direction 724

Part 6.3—Directions relating to greenhouse gas 725

Division 1—Simplified outline 725

628 Simplified outline 725

Division 2—General power to give directions 725

629 General power to give directions 725

630 Notification of a direction that has an extended application 728

631 Compliance with directions 729

Division 3—Minister may take action if there is noncompliance with a direction 730

632 Minister may take action if there is noncompliance with a direction 730

Division 4—Defence of taking reasonable steps to comply with a direction 731

633 Defence of taking reasonable steps to comply with a direction 731

Part 6.4—Restoration of the environment 732

Division 1—Petroleum 732

634 Simplified outline 732

635 Remedial directions to current holders of permits, leases and licences 732

636 Remedial directions to former holders of permits, leases, licences and authorities etc. 735

637 Minister may take action if a direction has not been complied with 738

638 Removal, disposal or sale of property by Minister—noncompliance with direction 739

Division 2—Greenhouse gas 741

639 Simplified outline 741

640 Remedial directions to current holders of permits, leases and licences 742

641 Site closing directions to current holders of greenhouse gas injection licences 744

642 Consultation—directions 748

643 Remedial directions to former holders of permits, leases, licences and authorities etc. 750

644 Minister may take action if a direction has not been complied with 752

645 Removal, disposal or sale of property by Minister—noncompliance with a direction 754

Part 6.5—Offences and enforcement 756

Division 1—Petroleum 756

646 Simplified outline 756

647 Appointment of petroleum project inspectors 756

647A NOPSEMA must issue identity cards to petroleum project inspectors 757

648 Minister must issue identity cards to petroleum project inspectors 758

649 Monitoring powers of petroleum project inspectors 759

650 Entry into residential premises 760

651 Facilities and assistance to be provided by occupier or person in charge 761

652 Obstructing or hindering a petroleum project inspector 761

653 Warrants to enter residential premises 761

654 Interfering with offshore petroleum installations or operations 763

Division 2—Greenhouse gas 764

655 Simplified outline 764

656 Appointment of greenhouse gas project inspectors 764

657 Identity cards of greenhouse gas project inspectors 765

658 Monitoring powers of greenhouse gas project inspectors 765

659 Entry into residential premises 767

660 Facilities and assistance to be provided by occupier or person in charge 768

661 Obstructing or hindering a greenhouse gas project inspector 768

662 Warrants to enter residential premises 768

663 Interfering with greenhouse gas installations or operations 770

Part 6.6—Safety zones and the area to be avoided 772

Division 1—Introduction 772

664 Simplified outline 772

665 Simplified map of the area to which Schedule 2 applies 773

666 Definitions 773

667 Authorised persons 779

Division 2—Petroleum safety zones 780

668 Petroleum safety zones 780

669 Offences in relation to entering or being present in petroleum safety zones 780

Division 3—Greenhouse gas safety zones 781

670 Greenhouse gas safety zones 781

671 Offences in relation to entering or being present in greenhouse gas safety zones 782

Division 4—Unauthorised vessel not to enter area to be avoided 783

672 NOPSEMA may authorise entry into area to be avoided 783

673 Unauthorised vessel not to enter area to be avoided 783

Division 5—Powers of authorised persons 785

674 Requirement to move vessel etc. 785

675 Noncompliance with requirement to move vessel etc. 787

676 Hindering or obstructing an authorised person 787

677 Other powers of authorised persons 787

678 Noncompliance with other requirements in relation to a vessel 789

679 Boarding of vessel must be facilitated 789

680 Hindering or obstructing an authorised person 789

681 Giving false and misleading information 789

682 Warrants to exercise powers in relation to vessels 789

683 Exercise of powers in relation to vessels in serious circumstances without a warrant 791

Part 6.7—Collection of fees and royalties 792

Division 1—Fees for petroleum titles 792

684 Fees for certain exploration permits 792

685 Fees for petroleum retention leases 792

686 Fees for petroleum production licences 793

686A Fees for boundary-change petroleum exploration permits 793

687 Fees for infrastructure leases 794

688 Fees for pipeline licences 794

Division 2—Fees for greenhouse gas titles 795

689 Fees for greenhouse gas titles 795

Division 3—Royalties for petroleum 795

690 Royalty for petroleum 795

691 Reduction of royalty for petroleum in certain cases 796

692 Royalty for petroleum not payable in certain cases 797

693 Payment of royalty for petroleum 798

Division 4—Royalties for greenhouse gas injection and storage 798

694 Liability for, and rate of, royalty for greenhouse gas injection and storage 798

695 Minister may vary royalty for greenhouse gas injection and storage 799

696 When royalty for greenhouse gas injection and storage must be paid 799

Division 5—Late payment and recovery of fees and royalties 800

697 Late payment penalty 800

698 Recovery of fee or royalty debts 800

Part 6.8—Occupational health and safety 801

699 Occupational health and safety 801

700 Listed OHS laws 801

701 Regulations relating to occupational health and safety 802

Part 6.9—National Offshore Petroleum Safety and Environmental Management Authority 803

Division 1—Introduction 803

702 Simplified outline 803

703 Definitions 804

Division 2—Functions and powers of NOPSEMA 806

704 NOPSEMA's functions 806

705 NOPSEMA's ordinary powers 808

706 Judicial notice of seal 809

707 Power to refer matters to NOGSAC 809

Division 3—NOPSEMA Board 810

708 Functions of the Board 810

709 Powers of the Board 811

710 Validity of decisions 811

Division 4—Chief Executive Officer and staff of NOPSEMA 812

711 CEO acts for NOPSEMA 812

712 Working with the Board 812

713 Delegation 812

714 Secondments to NOPSEMA 813

Division 5—Other NOPSEMA provisions 813

715 Minister may require NOPSEMA to prepare reports or give information 813

716 Directions to NOPSEMA 814

717 NOPSEMA must comply with directions 815

718 Liability for acts and omissions—OHS 815

718A Liability for acts and omissions—Structural integrity law, petroleum safety zones and the area to be avoided 816

Part 6.10—Using and sharing offshore information and things 817

Division 1—Introduction 817

718B Simplified outline 817

718C Definitions 817

718D Scope of Part 818

Division 2—Minister's use of offshore information and things 819

718E Purposes for which Minister may use offshore information or things 819

Division 3—NOPSEMA's use of offshore information and things 819

718F Purposes for which NOPSEMA may use offshore information or things 819

Division 4—Sharing offshore information or things 820

718G Sharing offshore information or things for the purposes of this Act 820

718H Minister may share offshore information or things with other entities 820

718HA Minister to make information available to Commonwealth Minister 822

718I Personal information 822

Chapter 7—Information relating to petroleum 823

Part 7.1—Data management and gathering of information 823

Division 1—Introduction 823

719 Simplified outline 823

Division 2—Data management 823

720 Direction to keep records 823

721 Regulations about data management 824

Division 3—Information‑gathering powers 827

722 Minister or petroleum project inspector may obtain information and documents 827

723 Copying documents—reasonable compensation 829

724 Power to examine on oath or affirmation 829

725 Self‑incrimination 829

726 Copies of documents 830

727 Minister or petroleum project inspector may retain documents 830

728 False or misleading information 831

729 False or misleading documents 831

730 False or misleading evidence 831

Part 7.2—Release of regulatory information 832

731 Notifiable events—Government Gazette notice 832

Part 7.3—Release of technical information 834

Division 1—Introduction 834

732 Simplified outline 834

733 Definitions 834

Division 2—Protection of confidentiality of information and samples 835

Subdivision 1—Information and samples obtained by the Minister 835

734 Protection of confidentiality of documentary information obtained by the Minister 835

735 Protection of confidentiality of petroleum mining samples obtained by the Minister 836

736 Minister may make information or samples available to other Ministers 836

Subdivision 2—Information and samples obtained by a Victorian Minister 837

737 Protection of confidentiality of information obtained by a Victorian Minister 837

738 Protection of confidentiality of petroleum mining samples obtained by a Victorian Minister 838

Subdivision 3—Miscellaneous 838

739 Fees 838

740 Review by Minister 839

741 Privacy and Data Protection Act 2014 839

Chapter 8—Information relating to greenhouse gas 840

Part 8.1—Data management and gathering of information 840

Division 1—Introduction 840

742 Simplified outline 840

Division 2—Data management 840

743 Direction to keep records 840

744 Regulations about data management 841

Division 3—Information‑gathering powers 843

745 Minister or greenhouse gas project inspector may obtain information and documents 843

746 Copying documents—reasonable compensation 846

747 Power to examine on oath or affirmation 846

748 Self‑incrimination 846

749 Copies of documents 847

750 Minister or greenhouse gas project inspector may retain documents 847

751 False or misleading information 847

752 False or misleading documents 848

753 False or misleading evidence 848

Part 8.2—Release of regulatory information 849

754 Notifiable events—Government Gazette notice 849

Part 8.3—Release of technical information 850

Division 1—Introduction 850

755 Simplified outline 850

756 Definitions 850

757 Documents and samples given to the Minister 851

Division 2—Protection of confidentiality of information and samples 851

Subdivision 1—Information and samples obtained by the Minister 851

758 Protection of confidentiality of documentary information obtained by the Minister 851

759 Protection of confidentiality of eligible samples obtained by the Minister 852

760 Minister may make information or samples available to another Minister, a Minister of a State, the Northern Territory or the Commonwealth 852

Subdivision 2—Miscellaneous 853

761 Fees 853

762 Privacy and Data Protection Act 2014 853

Chapter 9—Miscellaneous 854

Part 9.1—Reconsideration and review of decisions 854

763 Simplified outline 854

764 Definitions 854

765 Reconsideration of reviewable delegated decision 855

766 Review of reviewable Ministerial decision 857

Part 9.2—Expert advisory committees 858

767 Establishment of expert advisory committees 858

768 Function of expert advisory committees 858

769 Appointment of expert advisory committee members etc. 861

770 Procedures of expert advisory committees 861

771 Remuneration and allowances 862

772 Leave of absence 862

773 Resignation 863

774 Disclosure of interests to the Minister 863

775 Disclosure of interests to an expert advisory committee 863

776 Other terms and conditions 864

777 Protection of information 864

Part 9.3—Information relevant to the making of designated agreements 866

Division 1—Information‑gathering powers 866

778 Minister may obtain information and documents 866

779 Copying documents—reasonable compensation 868

780 Self‑incrimination 868

781 Copies of documents 869

782 Minister may retain documents 869

783 False or misleading information 869

784 False or misleading documents 869

Division 2—Protection of information etc. 870

785 Protection of information 870

786 Disclosure of information to titleholder etc. 870

Part 9.4—Liability for acts and omissions 872

787 Liability for acts and omissions 872

Part 9.5—Service of documents 874

788 Service of documents 874

789 Service of documents on Minister 875

790 Service of documents on 2 or more registered holders of a petroleum title 875

791 Service of documents on 2 or more registered holders of a greenhouse gas title 877

Part 9.6—Delegation by Minister 880

792 Delegation by Minister 880

Part 9.7—Public interest 881

793 Public interest 881

Part 9.8—Regulations 882

794 Regulations 882

795 Unconditional or conditional prohibition 883

796 Regulations not limited by conditions provisions 884

797 Offences under regulations 884

Part 9.9—Transitional provisions 885

798 Transitional provisions 885

798A Transitional provisions—2012 amendments 885

798B Transitional provisions—section 403 885

798C Transitional provisions—section 642 885

798D Validation—NOPSEMA inspectors 886

798E Transitional provision—underground petroleum storage 887

Part 9.10—Repeal and amendments to other Acts 888

799 Repeal 888

Schedules 889

Schedule 1—Scheduled area for Victoria 889

Schedule 2—Area that includes the area to be avoided 891

Schedule 3—Occupational health and safety 893

Schedule 4—Subject-matter for regulations 1018

Schedule 5—Transitional provisions 1023

Endnotes 1051

1 General information 1051

2 Table of Amendments 1053

3 Explanatory details 1056

Version No. 018

Offshore Petroleum and Greenhouse Gas Storage Act 2010

No. 10 of 2010

Version incorporating amendments as at

Preamble

In accordance with international law, Australia as a coastal State has sovereign rights over the continental shelf beyond the limits of Australian territorial waters for the purpose of exploiting it and exploiting its natural resources.

The Seas and Submerged Lands Act 1973 of the Commonwealth declared and enacted that the sovereignty in respect of the territorial sea of Australia, its seabed and subsoil, certain internal waters of Australia, the airspace over those waters and the seabed and subsoil beneath those waters, is vested in and exercisable by the Crown in right of the Commonwealth.

The Parliaments of the States and the Legislative Assembly of the Northern Territory have certain legislative powers in respect of the seabed and subsoil referred to in the preceding recital and the Parliament of the Commonwealth has vested in the Crown in right of each of the States and the Crown in right of the Northern Territory certain proprietary rights in respect of that seabed and subsoil.

It has been agreed between the Commonwealth, the States and the Northern Territory that—

(a) Commonwealth offshore petroleum legislation should be limited to the area that is outside the coastal waters of the States and the Northern Territory; and

(b) for this purpose, the outer limits of State and Northern Territory coastal waters should start 3 nautical miles from the baseline of the territorial sea; and

(c) the States and the Northern Territory should share, in the manner provided by this Act, in the administration of the Commonwealth offshore petroleum legislation; and

(d) State and Northern Territory offshore petroleum legislation should apply to State and Northern Territory coastal waters; and

(e) the Commonwealth, the States and the Northern Territory should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling the exploration for, and exploitation of, offshore petroleum beyond the baseline of Australia's territorial sea.

This agreement is known as the Offshore Constitutional Settlement. Various Acts of the Commonwealth affect the Offshore Constitutional Settlement.

Arrangements for offshore petroleum beyond the outer limits of State and Northern Territory coastal waters are set out in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth. Arrangements for offshore petroleum within the outer limits of Victorian coastal waters are set out in the Petroleum (Submerged Lands) Act 1982. It is expedient to amend the law relating to Victorian coastal waters.

The Parliament of Victoria therefore enacts:

Chapter 1—Introduction

Part 1.1—Legislative formalities and background

1 Purpose

The purpose of this Act is to—

(a) re-enact (with modifications) provisions regulating petroleum exploration and recovery activities and petroleum facilities; and

(b) provide for the regulation of geological storage of carbon dioxide—

in the Victorian offshore area.

Commencement

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 January 2012, it comes into operation on that day.

Object

3 Object

The object of this Act is to provide an effective regulatory framework for—

(a) petroleum exploration and recovery; and

S. 3(ab) inserted by No. 42/2024 s. 4.

(ab) underground petroleum storage; and

(b) the injection and storage of greenhouse gas substances—

in the Victorian offshore area.

Simplified outline

4 Simplified outline

(1) This section sets out a simplified outline of this Act.

(2) This Act sets up a system for regulating the following activities in the offshore area—

(a) exploration for petroleum;

(b) recovery of petroleum;

S. 4(2)(ba) inserted by No. 42/2024 s. 5.

(ba) underground petroleum storage;

(d) construction and operation of pipelines for conveying petroleum or greenhouse gas substances;

(e) exploration for potential greenhouse gas storage formations;

(f) injection and storage of greenhouse gas substances.

(3) The offshore area—

(a) starts from the baseline from which the breadth of the territorial sea is measured off Victoria; and

(b) extends to 3 nautical miles from the baseline from which the breadth of the territorial sea is measured off Victoria.

(4) This Act provides for the grant of the following titles—

(a) a petroleum exploration permit (see Part 2.2);

(b) a petroleum retention lease (see Part 2.3);

(d) an infrastructure licence (see Part 2.5);

(e) a pipeline licence (see Part 2.6);

(f) a petroleum special prospecting authority (see Part 2.7);

(g) a petroleum access authority (see Part 2.8);

(h) a greenhouse gas assessment permit (see Part 3.2);

(i) a greenhouse gas holding lease (see Part 3.3);

(j) a greenhouse gas injection licence (see Part 3.4);

(k) a greenhouse gas search authority (see Part 3.5);

(l) a greenhouse gas special authority (see Part 3.6).

S. 4(5) amended by No. 74/2012 s. 4(1).

(5) The Minister is generally responsible for the administration of this Act, other than the provisions of this Act for which the National Offshore Petroleum Safety and Environmental Management Authority is responsible.

S. 4(6) substituted by No. 74/2012 s. 4(2).

(6) The National Offshore Petroleum Safety and Environmental Management Authority is responsible for the administration of—

(a) the occupational health and safety provisions in Schedule 3; and

(b) the provisions relating to petroleum safety zones and the area to be avoided in Part 6.6; and

(c) the regulations to the extent that they relate to occupational health and safety for offshore petroleum operations and offshore greenhouse gas storage operations within the meaning of Part 6.9; and

(d) the regulations to the extent that they relate to the structural integrity of—

(i) facilities within the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule;

(ii) wells or well-related equipment used for the purposes of offshore petroleum operations within the meaning of Part 6.9.

(7) This section is intended only as a guide to readers as to the general scheme and effect of this Act.

Generally, the baseline is the line of lowest astronomical tide along the coast, but it also encompasses straight lines across bays (bay closing lines), rivers (river closing lines) and between islands, as well as along heavily indented areas of coastline (straight baselines) under certain circumstances.

Simplified map

5 Simplified map

(1) This section sets out simplified maps illustrating areas off the coast of Victoria that are relevant to this Act.

(2) In the interests of simplification—

(a) coastlines and boundaries have been smoothed; and

(b) the maps do not show certain waters within the limits of the State; and

(c) the line marking the outer limits of the coastal waters of the State appears to be further out to sea than it actually is.

(3) The maps illustrate the offshore area, the Commonwealth defined offshore area, and the scheduled area for Victoria.

Generally, the territorial sea baseline is the line of lowest astronomical tide along the coast, but it also encompasses straight lines across bays (bay closing lines), rivers (river closing lines) and between islands, as well as along heavily indented areas of coastline (straight baselines) under certain circumstances.

map1

map2

Part 1.2—Interpretation

Division 1—General

6 Definitions

(1) In this Act—

approved—

(a) when used in any of the following provisions—

(i) Chapter 3;

(ii) Chapter 5;

(iii) Chapter 8;

(iv) section 791—

means approved in writing by the Minister; or

(b) in any other case—means approved in writing by the Minister—

but does not apply to the expression approved site plan;

approved site plan means a site plan in respect of which an approval is in force under the regulations;

See section 492.

authority area—

(a) when used in relation to a petroleum special prospecting authority—means the area constituted by the block or blocks that are the subject of the petroleum special prospecting authority; or

(b) when used in relation to a petroleum access authority—means the area to which the petroleum access authority relates; or

(c) when used in relation to a greenhouse gas search authority—means the area constituted by the block or blocks that are the subject of the greenhouse gas search authority; or

(d) when used in relation to a greenhouse gas special authority—means the area to which the greenhouse gas special authority relates;

S. 6(1) def. of block amended by No. 26/2021 s. 4(1).

block means a block constituted as provided by sections 37 and 498;

S. 6(1) def. of boundary-change petroleum exploration permit inserted by No. 16/2018 s. 4(1), substituted byNo. 26/2021 s. 37(3).

boundary-change petroleum exploration permit means—

(a) a petroleum exploration permit granted under Division 4A of Part 2.2; or

(b) a petroleum exploration permit granted under Division 5 of Part 2.2 by way of renewal of a permit referred to in paragraph (a);

S. 6(1) def. of cash-bid greenhouse gas assessment permit substituted by No. 26/2021 s. 37(4).

cash-bid greenhouse gas assessment permit means—

(a) a greenhouse gas assessment permit granted under Division 3 of Part 3.2; or

(b) a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of renewal of a permit referred to in paragraph (a);

cash‑bid petroleum exploration permit means—

(a) a petroleum exploration permit granted under Division 3 of Part 2.2 of this Act; or

(b) a petroleum exploration permit granted under Division 5 of Part 2.2 of this Act by way of the renewal of a permit referred to in paragraph (a);

charge, when used in relation to the assets of a body corporate, has the same meaning as in section 263 of the Corporations Act;

S. 6(1) def. of COAG Reform Fund repealed by No. 13/2022 s. 62.

Commonwealth Act means the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth;

S. 6(1) def. of Common-wealth defined offshore area amended by No. 26/2021 s. 4(2).

Commonwealth defined offshore area means the offshore area of Victoria as defined by section 8 of the Commonwealth Act;

1 See also section 296B (permit area of a cross‑boundary greenhouse gas assessment permit is taken to be included in the Commonwealth defined offshore area).

2 See also section 333A (lease area of a cross‑boundary greenhouse gas holding lease is taken to be included in the Commonwealth defined offshore area).

3 See also section 378A (licence area of a cross‑boundary greenhouse gas injection licence is taken to be included in the Commonwealth defined offshore area).

S. 6(1) def. of Common-wealth petroleum exploration title inserted by No. 16/2018 s. 4(1).

Commonwealth petroleum exploration title means an instrument under a law of the Commonwealth that confers, in relation to the Commonwealth defined offshore area, rights that correspond to the rights that a petroleum exploration permit confers in relation to the offshore area;

S. 6(1) def. of Common-wealth petroleum production title inserted by No. 16/2018 s. 4(1).

Commonwealth petroleum production title means an instrument under a law of the Commonwealth that confers, in relation to the Commonwealth defined offshore area, rights that correspond to the rights that a petroleum production licence confers in relation to the offshore area;

S. 6(1) def. of Common-wealth petroleum retention title inserted by No. 16/2018 s. 4(1).

Commonwealth petroleum retention title means an instrument under a law of the Commonwealth that confers, in relation to the Commonwealth defined offshore area, rights that correspond to the rights that a petroleum retention lease confers in relation to the offshore area;

S. 6(1) def. of consolidated work-bid greenhouse gas assessment permit inserted by No. 26/2021 s. 4(3).

consolidated work-bid greenhouse gas assessment permit means—

(a) a greenhouse gas assessment permit granted under Division 2A of Part 3.2; or

(b) a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of the renewal of a permit referred to in paragraph (a);

construct includes place;

corresponding State law means an Act of another State giving effect to the agreement between the Commonwealth, the States and the Northern Territory referred to in the preamble to this Act;

S. 6(1) def. of Cross-boundary Authority inserted by No. 26/2021 s. 4(3).

Cross-boundary Authority means the Commonwealth-Victoria Greenhouse Gas Storage Cross-boundary Authority as constituted by section 76A of the Commonwealth Act;

S. 6(1) def. of cross‑ boundary greenhouse gas assessment permit inserted by No. 26/2021 s. 4(3).

cross‑boundary greenhouse gas assessment permit has the same meaning as in the Commonwealth Act;

S. 6(1) def. of cross‑ boundary greenhouse gas holding lease inserted by No. 26/2021 s. 4(3).

cross‑boundary greenhouse gas holding lease has the same meaning as in the Commonwealth Act;

S. 6(1) def. of cross‑ boundary greenhouse gas injection licence inserted by No. 26/2021 s. 4(3).

cross‑boundary greenhouse gas injection licence has the same meaning as in the Commonwealth Act;

S. 6(1) def. of cross‑ boundary greenhouse gas title inserted by No. 26/2021 s. 4(3).

cross‑boundary greenhouse gas title means—

(a) a cross‑boundary greenhouse gas assessment permit; or

(b) a cross‑boundary greenhouse gas holding lease; or

datum means a reference frame for defining geographic coordinates;

If the position on the surface of the Earth of a particular point is identified by a coordinate that is determined by reference to a particular datum, the use of a different datum will result in the same point being identified by a different coordinate.

debenture has the same meaning as in section 263 of the Corporations Act;

declared greenhouse gas facility has the meaning given by section 20;

declared petroleum exploration permit has the meaning given by section 83;

declared petroleum production licence has the meaning given by section 161;

declared petroleum retention lease has the meaning given by section 127;

designated agreement has the meaning given by section 33;

Designated Authority has the meaning given to that term for Victoria by section 70 of the Commonwealth Act;

detection agent means a substance, whether in a gaseous or liquid state, that—

(a) when added to—

(i) another substance; or

(ii) a mixture of other substances—

facilitates the monitoring of the behaviour of that other substance or that mixture, as the case may be; and

(b) is specified in the regulations;

eligible greenhouse gas storage formation has the meaning given by section 23;

engage in conduct means—

(a) do an act; or

(b) omit to perform an act;

expert advisory committee means a committee established under section 767;

expert advisory committee member means a member of an expert advisory committee, and includes the Chair of an expert advisory committee;

expiry date—

(a) when used in relation to a petroleum exploration permit, petroleum retention lease or petroleum production licence—has the meaning given by section 9; or

(b) when used in relation to a greenhouse gas assessment permit or a greenhouse gas holding lease (other than a special greenhouse gas holding lease)—has the meaning given by section 10;

explore—

(a) when used in relation to petroleum—has a meaning affected by section 21(1); or

(b) when used in relation to a potential greenhouse gas storage formation—has a meaning affected by section 21(2) and (3); or

S. 6(1) def. of fixed-term Common-wealth petroleum production inserted by No. 16/2018 s. 4(1).

fixed-term Commonwealth petroleum production title means a Commonwealth petroleum production title that is granted for a term of years;

fundamental suitability determinants—

(a) when used in relation to an eligible greenhouse gas storage formation—has the meaning given by section 23(8); or

(b) when used in relation to an identified greenhouse gas storage formation—has the meaning given by section 318(1);

geographic coordinate includes—

(a) a meridian of longitude by itself; and

(b) a parallel of latitude by itself;

geological formation includes—

(a) any seal or reservoir of a geological formation; and

(b) any associated geological attributes or features of a geological formation;

S. 6(1) def. of good oilfield practice amended by No. 42/2024 s. 6(2).

good oilfield practice means all those things that are generally accepted as good and safe in—

(a) the carrying on of exploration for petroleum; or

good processing and transport practice means all those things that are generally accepted as good and safe in—

(a) the processing, conveyance, transport and storage of petroleum; and

(b) the preparation of petroleum for transport;

graticular section has the meaning given by section 37;

greenhouse gas assessment permit means a greenhouse gas assessment permit granted under Part 3.2;

greenhouse gas assessment permit area means the permit area of a greenhouse gas assessment permit;

greenhouse gas assessment permittee means the registered holder of a greenhouse gas assessment permit;

greenhouse gas facility line means a pipe, or system of pipes, that is—

(a) for conveying a greenhouse gas substance; and

(b) part of a declared greenhouse gas facility;

greenhouse gas holding lease means a greenhouse gas holding lease granted under Part 3.3;

greenhouse gas holding lease area means the lease area of a greenhouse gas holding lease;

greenhouse gas holding lessee means the registered holder of a greenhouse gas holding lease;

greenhouse gas infrastructure line means a pipe, or system of pipes, that is—

(a) for conveying a greenhouse gas substance; and

(b) part of an infrastructure facility;

greenhouse gas injection licence means a greenhouse gas injection licence granted under Part 3.4;

greenhouse gas injection licence area means the licence area of a greenhouse gas injection licence;

greenhouse gas injection licensee means the registered holder of a greenhouse gas injection licence;

greenhouse gas injection line means a pipe, or system of pipes, for—

(a) conveying a greenhouse gas substance to be compressed, processed or otherwise prepared for injection into an identified greenhouse gas storage formation; or

(b) conveying a greenhouse gas substance for storage prior to being injected into an identified greenhouse gas storage formation; or

so long as the greenhouse gas substance does not pass through a terminal point on the pipe, or system of pipes, as the case may be, before it is injected into the identified greenhouse gas storage formation;

greenhouse gas pipeline means—

(a) a pipe, or system of pipes, in the offshore area for conveying a greenhouse gas substance, other than—

(i) a greenhouse gas injection line; or

(ii) a greenhouse gas infrastructure line; or

(iii) a greenhouse gas facility line; or

(iv) a pipe, or a system of pipes, that is specified in the regulations; or

(b) a part of a pipe covered by paragraph (a); or

greenhouse gas project inspector means a person appointed as a greenhouse gas project inspector under section 656;

greenhouse gas pumping station means equipment for pumping a greenhouse gas substance or water, and includes any structure associated with that equipment;

greenhouse gas research consent means a greenhouse gas research consent granted under Part 3.7;

greenhouse gas search authority means a greenhouse gas search authority granted under Part 3.5;

greenhouse gas special authority means a greenhouse gas special authority granted under Part 3.6;

greenhouse gas substance means—

(a) carbon dioxide, whether in a gaseous or liquid state; or

(b) a prescribed greenhouse gas, whether in a gaseous or liquid state; or

(i) carbon dioxide, whether in a gaseous or liquid state;

(ii) one or more prescribed greenhouse gases, whether in a gaseous or liquid state;

(iii) one or more incidental greenhouse gas‑related substances, whether in a gaseous or liquid state, that relate to either or both of the substances mentioned in subparagraphs (i) and (ii);

(iv) a prescribed detection agent, whether in a gaseous or liquid state—

so long as—

(v) the mixture consists overwhelmingly of either or both of the substances mentioned in subparagraphs (i) and (ii); and

(vi) if the mixture includes a prescribed detection agent—the concentration of the prescribed detection agent in the mixture is not more than the concentration prescribed in relation to that detection agent;

greenhouse gas tank station means a tank, or system of tanks, for holding or storing a greenhouse gas substance, and includes any structure associated with that tank or system of tanks;

greenhouse gas valve station means equipment for regulating the flow of a greenhouse gas substance, and includes any structure associated with that equipment;

identified greenhouse gas storage formation has the meaning given by section 315;

incidental greenhouse gas‑related substance has the meaning given by section 25;

infrastructure facility has the meaning given by section 17;

infrastructure licence means an infrastructure licence granted under Part 2.5 of this Act;

infrastructure licence area means the licence area of an infrastructure licence;

infrastructure licensee means the registered holder of an infrastructure licence;

Joint Authority has the meaning given to that term for Victoria by section 56 of the Commonwealth Act;

key greenhouse gas operation means—

(a) an operation to make a well; or

(b) an operation to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation; or

(d) an operation to inject, on an appraisal basis, air, petroleum or water into a part of a geological formation; or

(e) an operation to store, on an appraisal basis, air, petroleum or water in a part of a geological formation; or

(f) an operation to carry out a seismic survey or any other kind of survey; or

(g) an operation to monitor the behaviour of—

(i) a greenhouse gas substance; or

(ii) air; or

(iii) petroleum; or

(iv) water—

stored in a part of a geological formation; or

(h) an operation to carry out baseline investigations relating to the storage of a greenhouse gas substance in a part of the geological formation; or

(i) an operation to take samples of the seabed or subsoil of the offshore area; or

(j) an operation specified in the regulations;

key petroleum operation means—

(a) an operation to make a well; or

(b) an operation to inject a substance into a part of a geological formation; or

(d) an operation to carry out a seismic survey or any other kind of survey; or

(e) an operation to monitor the behaviour of a substance stored in a part of a geological formation; or

(f) an operation to take samples of the seabed or subsoil of the offshore area; or

(g) an operation specified in the regulations;

lease area—

(a) when used in relation to a petroleum retention lease—means the area constituted by the block or blocks that are the subject of the petroleum retention lease; or

(b) when used in relation to a greenhouse gas holding lease—means the area constituted by the block or blocks that are the subject of the greenhouse gas holding lease;

lessee—

(a) when used in relation to a petroleum retention lease—means the registered holder of the petroleum retention lease; or

(b) when used in relation to a greenhouse gas holding lease—means the registered holder of the greenhouse gas holding lease;

licence area—

(a) when used in relation to an infrastructure licence—means the place in relation to which the infrastructure licence is in force; or

(b) when used in relation to a petroleum production licence—means the area constituted by the block or blocks that are the subject of the petroleum production licence; or

(c) when used in relation to a greenhouse gas injection licence—means the area constituted by the block or blocks that are the subject of the greenhouse gas injection licence;

The place in relation to which an infrastructure licence is in force must be a place in the offshore area—see section 193(2) and section 194.

licensee—

(a) when used in relation to a petroleum production licence—means the registered holder of the petroleum production licence; or

(b) when used in relation to an infrastructure licence—means the registered holder of the infrastructure licence; or

(d) when used in relation to a greenhouse gas injection licence—means the registered holder of the greenhouse gas injection licence;

life‑of‑field petroleum production licence means a petroleum production licence;

listed OHS laws has the meaning given by section 700;

location means a block or blocks in relation to which a declaration under section 114 is in force;

marine national park has the same meaning as in the National Parks Act 1975;

marine sanctuary has the same meaning as in the National Parks Act 1975;

S. 6(1) def. of Ministerial Council inserted by No. 13/2022 s. 70(1).

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to energy or resources (or both);

natural resources has the same meaning as in the Commonwealth Act;

S. 6(1) def. of NOPSEMA inserted by No. 74/2012 s. 5(2).

NOPSEMA means the National Offshore Petroleum Safety and Environmental Management Authority continued in existence under section 645 of the Commonwealth Act;

S. 6(1) def. of NOPSEMA inspector inserted by No. 26/2021 s. 37(1).

NOPSEMA inspector has the same meaning as in the Commonwealth Act;

offshore area means—

(a) that part of the scheduled area for Victoria that consists of the territorial sea; and

(b) any waters that are—

(i) on the landward side of the territorial sea; and

(ii) not within the limits of Victoria; and

(c) if at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, the offshore area continues to have effect as if the breadth of the territorial sea of Australia had continued to be 3 nautical miles;

The offshore area corresponds to the term the adjacent area under the repealed Petroleum (Submerged Lands) Act 1982.

S. 6(1) def. of OHS inspector repealed by No. 26/2021 s. 37(2).

S. 6(1) def. of original consolidated work-bid greenhouse gas assessment permit inserted by No. 26/2021 s. 4(3).

original consolidated work-bid greenhouse gas assessment permit means a consolidated work-bid greenhouse gas assessment permit that was granted otherwise than by way of renewal;

original greenhouse gas assessment permit means a greenhouse gas assessment permit that was granted otherwise than by way of renewal;

original petroleum exploration permit means a petroleum exploration permit granted otherwise than by way of renewal;

original petroleum production licence means a petroleum production licence granted otherwise than by way of renewal;

original petroleum retention lease means a petroleum retention lease granted otherwise than by way of renewal;

part of a geological formation includes a part of a combination of geological formations;

partly cancelled means—

(a) in relation to a petroleum exploration permit or petroleum production licence—cancelled as to one or more, but not all, of the blocks the subject of the permit or licence; and

(b) in relation to a pipeline licence—cancelled as to a part of the pipeline the subject of the licence;

partly revoked, in relation to a petroleum exploration permit or petroleum retention lease, means revoked as to one or more, but not all, of the blocks the subject of the permit or lease;

partly surrendered, in relation to a petroleum exploration permit, petroleum production licence or greenhouse gas injection licence, means surrendered as to one or more, but not all, of the blocks the subject of the permit or licence;

partly terminated, in relation to a pipeline licence, means terminated as to a part of the pipeline the subject of the licence;

permit area—

(a) when used in relation to a petroleum exploration permit—means the area constituted by the block or blocks that are the subject of the petroleum exploration permit; or

(b) when used in relation to a greenhouse gas assessment permit—means the area constituted by the block or blocks that are the subject of the greenhouse gas assessment permit;

permittee—

(a) when used in relation to a petroleum exploration permit—means the registered holder of the petroleum exploration permit; or

(b) when used in relation to a greenhouse gas assessment permit—means the registered holder of the greenhouse gas assessment permit;

S. 6(1) def. of petroleum amended by No. 42/2024 s. 6(3).

petroleum means—

(a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or

(b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

(i) one or more hydrocarbons, whether in a gaseous, liquid or solid state; and

(ii) one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide—

and—

(d) includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir; and

(e) for the purposes of the pipeline provisions, also includes any petroleum as defined by paragraph (a), (b), (c) or (d), where—

(i) one or more things have been added; or

(ii) one or more things have been wholly or partly removed—

(f) for the purposes of the pipeline provisions, also includes any mixture that—

(i) has been recovered from a well; and

(ii) includes petroleum as defined by paragraph (a), (b), (c) or (d)—

whether or not—

(iii) one or more things have been added; or

(iv) one or more things have been wholly or partly removed—

(g) for the purposes of underground petroleum storage, also includes any petroleum as defined by paragraph (a), (b), (c) or (d), where—

(i) one or more things have been added; or

(ii) one or more things have been wholly or partly removed—

(h) for the purposes of underground petroleum storage, also includes any mixture that—

(i) has been recovered from a natural reservoir; and

(ii) includes petroleum as defined by paragraph (a), (b), (c) or (d)—

whether or not—

(iii) one or more things have been added; or

(iv) one or more things have been wholly or partly removed—

or both;

petroleum access authority means a petroleum access authority granted under Part 2.8 of this Act;

S. 6(1) def. of petroleum exploration permit amended by No. 16/2018 s. 4(2).

petroleum exploration permit means—

(a) a work‑bid petroleum exploration permit; or

(b) a cash‑bid petroleum exploration permit; or

(d) a boundary-change petroleum exploration permit;

petroleum exploration permit area means the permit area of a petroleum exploration permit;

petroleum exploration permittee means the registered holder of a petroleum exploration permit;

petroleum pipeline means—

(a) a pipe, or system of pipes, in the offshore area for conveying petroleum (whether or not the petroleum is recovered from the offshore area), other than a secondary line; or

(b) a part of a pipe covered by paragraph (a); or

petroleum pool means a naturally occurring discrete accumulation of petroleum;

petroleum production licence means a petroleum production licence granted under Part 2.4 of this Act;

petroleum production licence area means the licence area of a petroleum production licence;

petroleum production licensee means the registered holder of a petroleum production licence;

S. 6(1) def. of petroleum project inspector amended by No. 74/2012 s. 5(3).

petroleum project inspector means a person appointed as a petroleum project inspector under section 647(1) or (2);

petroleum pumping station means equipment for pumping petroleum or water, and includes any structure associated with that equipment;

petroleum retention lease means a petroleum retention lease granted under Part 2.3 of this Act;

petroleum retention lease area means the lease area of a petroleum retention lease;

petroleum retention lessee means the registered holder of a petroleum retention lease;

petroleum scientific investigation consent means a petroleum scientific investigation consent granted under Part 2.9 of this Act;

petroleum special prospecting authority means a petroleum special prospecting authority granted under Part 2.7 of this Act;

petroleum tank station means a tank, or system of tanks, for holding or storing petroleum, and includes any structure associated with that tank or system of tanks;

petroleum valve station means equipment for regulating the flow of petroleum, and includes any structure associated with that equipment;

pipeline means—

(a) a petroleum pipeline; or

(b) a greenhouse gas pipeline;

pipeline licence means a pipeline licence granted under Part 2.6 of this Act;

pipeline licensee means the registered holder of a pipeline licence;

pipeline provisions means the following—

(a) Part 2.6;

(b) the definition of greenhouse gas pipeline in this section;

(d) the definition of greenhouse gas tank station in this section;

(e) the definition of greenhouse gas valve station in this section;

(f) the definition of petroleum pipeline in this section;

(g) the definition of petroleum pumping station in this section;

(h) the definition of petroleum tank station in this section;

(i) the definition of petroleum valve station in this section;

(j) the definition of pipeline in this section;

(k) item 3 of the table in section 616(1);

post‑commencement petroleum exploration permit means—

(a) an original petroleum exploration permit that was granted after the commencement of this section; or

(b) a petroleum exploration permit that was granted by way of renewal, where the original petroleum exploration permit was granted after the commencement of this section;

S. 6(1) def. of post‑com-mencement petroleum production licence amended by No. 16/2018 s. 4(3).

post‑commencement petroleum production licence means—

(a) a petroleum production licence that was granted to the registered holder of—

(ii) a post‑commencement petroleum retention lease—

that was in force over the block or blocks to which the petroleum production licence relates; or

(b) a petroleum production licence granted under section 177; or

(c) a petroleum production licence granted under section 179, where the initial petroleum production licence mentioned in section 178 was a post‑commencement petroleum production licence; or

(d) a petroleum production licence granted under section 179A; or

(e) a petroleum production licence that was granted by way of renewal, where the original petroleum production licence was granted under section 179A;

S. 6(1) def. of post‑com-mencement petroleum retention lease amended by No. 16/2018 s. 4(4).

post‑commencement petroleum retention lease means—

(a) an original petroleum retention lease that was granted to the registered holder of—

(ii) a post‑commencement petroleum production licence—

that was in force over the block or blocks to which the original petroleum retention lease relates; or

(b) a petroleum retention lease that was granted by way of renewal, where the original petroleum retention lease was granted to the registered holder of—

(ii) a post‑commencement petroleum production licence—

that was in force over the block or blocks to which the original petroleum retention lease related; or

(d) a petroleum retention lease that was granted by way of renewal, where the original petroleum retention lease was granted under section 141A;

post‑commencement petroleum title means—

(a) a post‑commencement petroleum exploration permit; or

(b) a post‑commencement petroleum retention lease; or

potential greenhouse gas injection site has the meaning given by section 24;

potential greenhouse gas storage formation has the meaning given by section 22;

pre‑commencement petroleum exploration permit means a petroleum exploration permit other than a post‑commencement petroleum exploration permit;

pre‑commencement petroleum production licence means a petroleum production licence other than a post‑commencement petroleum production licence;

pre‑commencement petroleum retention lease means a petroleum retention lease other than a post‑commencement petroleum retention lease;

pre‑commencement petroleum title means—

(a) a pre‑commencement petroleum exploration permit; or

(b) a pre‑commencement petroleum retention lease; or

pumping station means—

(a) a greenhouse gas pumping station; or

(b) a petroleum pumping station;

Register—

(a) when used in Chapter 4—has the meaning given by section 503; or

(b) when used in Chapter 5—has the meaning given by section 561;

registered holder, in relation to a title, means the person whose name is shown in the Register kept under section 505 or 563 as the holder of the title;

regulated operation means—

(a) an activity to which Chapter 2 applies; or

(b) an activity to which Chapter 3 applies;

References to Parts

7 References to Parts

Unless the context otherwise requires, a reference in this Act to a Part by a number must be construed as a reference to the Part, designated by that number, of this Act.

Spaces above and below offshore area

8 Spaces above and below offshore area

For the purposes of this Act—

(a) the space above or below the offshore area is taken to be in that area; and

(b) the space above or below an area that is part of the offshore area is taken to be in that part.

Term of petroleum titles

9 Term of petroleum titles

| Term of title etc. | | | | Item | A reference in this Act to... | is a reference to... | | 1 | the term of— (a) a petroleum exploration permit; or (b) a petroleum retention lease; or (c) a petroleum production licence; or (d) an infrastructure licence; or (e) a pipeline licence; or (f) a petroleum special prospecting authority; or (g) a petroleum access authority— | the period during which the permit, lease, licence or authority remains in force. | | 2 | a year of the term of— (a) a petroleum exploration permit; or (b) a petroleum retention lease; or (c) a petroleum production licence; or | a period of one year beginning on— (a) the day on which the permit, lease or licence comes into force; or (b) any anniversary of that day. | | | (d) an infrastructure licence; or (e) a pipeline licence— | | | 3 | the expiry date of— (a) a petroleum exploration permit; or (b) a petroleum retention lease; or (c) a petroleum production licence— | the day on which the permit, lease or licence ceases to be in force. |

Term of greenhouse gas titles

10 Term of greenhouse gas titles

| Term of title etc. | | | | Item | A reference in this Act to... | is a reference to... | | 1 | the term of— (a) greenhouse gas assessment permit; or (b) a greenhouse gas holding lease; or (c) a greenhouse gas injection licence; or (d) a greenhouse gas search authority; or (e) a greenhouse gas special authority— | the period during which the permit, lease, licence or authority remains in force. | | 2 | a year of the term of— (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease; or (c) a greenhouse gas injection licence— | a period of one year beginning on— (a) the day on which the permit, lease or licence comes into force; or (b) any anniversary of that day. | | 3 | the expiry date of— (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease (other than a special greenhouse gas holding lease)— | the day on which the permit or lease ceases to be in force. |

S. 11 amended by No. 16/2018 s. 5 (ILA s. 39B(1)).

Renewal of petroleum titles

11 Renewal of petroleum titles

(1) For the purposes of this Act, the table has effect—

| Renewal of titles | | | | Item | Column 1 A reference in this Act to... | Column 2 is a reference to... | | 1 | the renewal, or the grant of a renewal, of a petroleum exploration permit | the grant of a petroleum exploration permit over some or all of the blocks specified in the permit mentioned in column 1, to begin on— | | | | (a) the day after the expiry date of the permit mentioned in column 1; or (b) the day after the expiry date of the petroleum exploration permit granted on a previous renewal of the permit mentioned in column 1. | | 2 | the renewal, or the grant of a renewal, of a petroleum retention lease | the grant of a petroleum retention lease over all of the blocks in relation to which the lease mentioned in column 1 was in force, to begin on— | | | | (a) the day after the expiry date of the lease mentioned in column 1; or (b) the day after the expiry date of the petroleum retention lease granted on a previous renewal of the lease mentioned in column 1. | | 3 | the renewal, or the grant of a renewal, of a petroleum production licence | the grant of a petroleum production licence over the block or blocks specified in the licence mentioned in column 1, to begin on— | | | | (a) the day after the expiry date of the licence mentioned in column 1; or (b) the day after the expiry date of the petroleum production licence granted on a previous renewal of the licence mentioned in column 1. |

S. 11(2) inserted by No. 16/2018 s. 5.

(a) a petroleum exploration permit has been granted on the basis that an area (the relevant area) is within the offshore area; and

then, in determining what constitutes the renewal, or the grant of a renewal, of the permit, item 1 of the table in subsection (1) has effect as if—

(d) the permit had been varied to exclude from the permit area any area that is not within
the offshore area; and

This means that an application for renewal of the permit may be made, and the permit may be renewed, as if the permit had been so varied.

S. 11(3) inserted by No. 16/2018 s. 5.

(a) a petroleum retention lease has been granted on the basis that an area (the relevant area) is within the offshore area; and

then, in determining what constitutes the renewal, or the grant of a renewal, of the lease, item 2 of the table in subsection (1) has effect as if—

(d) the lease had been varied to exclude from the lease area any area that is not within the offshore area; and

This means that an application for renewal of the lease may be made, and the lease may be renewed, as if the lease had been so varied.

S. 11(4) inserted by No. 16/2018 s. 5.

(4) For the purposes of subsections (2) and (3)—

S. 12 amended by No. 16/2018 s. 6 (ILA s. 39B(1)).

Renewal of greenhouse gas titles

12 Renewal of greenhouse gas titles

(1) For the purposes of this Act, the table has effect—

| Renewal of titles | | | | | Item | Column 1 A reference in this Act to... | | Column 2 is a reference to... | | 1 | the renewal, or the grant of a renewal, of a greenhouse gas assessment permit | | the grant of a greenhouse gas assessment permit over all of the blocks in relation to which the permit mentioned in column 1 was in force, to begin on the day after the expiry date of the permit mentioned in column 1. | | 2 | | the renewal, or the grant of a renewal, of a greenhouse gas holding lease | the grant of a greenhouse gas holding lease over all of the blocks in relation to which the lease mentioned in column 1 was in force, to begin on the day after the expiry date of the lease mentioned in column 1. |

S. 12(2) inserted by No. 16/2018 s. 6.

(a) a greenhouse gas assessment permit has been granted on the basis that an area (the relevant area) is within the offshore area; and

then, in determining what constitutes the renewal, or the grant of a renewal, of the permit, item 1 of the table in subsection (1) has effect as if—

(d) the permit had been varied to exclude from the permit area any area that is not within the offshore area; and

S. 12(3) inserted by No. 16/2018 s. 6.

(a) a greenhouse gas holding lease has been granted on the basis that an area (the relevant area) is within the offshore area; and

then, in determining what constitutes the renewal, or the grant of a renewal, of the lease, item 2 of the table in subsection (1) has effect as if—

(d) the lease had been varied to exclude from the lease area any area that is not within the offshore area; and

S. 12(4) inserted by No. 16/2018 s. 6.

(4) For the purposes of subsections (2) and (3)—

(a) disregard section 499; and

Variation of petroleum titles

13 Variation of petroleum titles

If a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence, pipeline licence, petroleum special prospecting authority or petroleum access authority is varied, a reference in this Act to the permit, lease, licence or authority is a reference to the permit, lease, licence or authority as varied.

Variation of greenhouse gas titles

14 Variation of greenhouse gas titles

If—

is varied, a reference in this Act to the permit, lease, licence or authority is a reference to the permit, lease, licence or authority as varied.

Tied titles

15 Tied titles

(1) This section applies if a greenhouse gas holding lease (the greenhouse gas lease) is granted under section 360 to the registered holder of a petroleum retention lease (the petroleum lease).

(2) For the purposes of this Act, each of the following—

(a) the greenhouse gas lease;

(b) a greenhouse gas holding lease granted by way of renewal of the greenhouse gas lease;

is tied to each of the following—

(d) the petroleum lease;

(e) a petroleum retention lease granted by way of renewal of the petroleum lease;

(f) a petroleum production licence derived from a lease referred to in paragraph (d) or (e).

Vacated area

16 Vacated area

S. 16 (Table) amended by No. 70/2013 s. 3(Sch. 1 item 39 1).

| Vacated area | | | | | Item | In the case of... | | the vacated area is... | | 1 | a petroleum exploration permit, petroleum retention lease or petroleum production licence that has expired | | the area constituted by the blocks over which the permit, lease or licence was in force but has not been renewed. | | 2 | a petroleum exploration permit, petroleum retention lease or petroleum production licence that has been wholly revoked or partly revoked | | the area constituted by the blocks as to which the permit, lease or licence was so revoked. | | 3 | a petroleum exploration permit or petroleum production licence that has been wholly cancelled or partly cancelled | | the area constituted by the blocks as to which the permit or licence was so cancelled. | | 4 | a petroleum retention lease that has been cancelled | | the lease area. | | 5 | a petroleum production licence that has been terminated | | the licence area. | | 6 | an infrastructure licence that has been cancelled or terminated | | the licence area. | | 7 | a pipeline licence that has been wholly or partly terminated | | the part of the offshore area in which the pipeline or the part of the pipeline was constructed. | | 8 | a pipeline licence that has been wholly cancelled or partly cancelled | | the part of the offshore area in which the pipeline or the part of the pipeline was constructed. | | 9 | a petroleum special prospecting authority that— (a) has been surrendered or cancelled; or (b) has expired | | the authority area. | | 10 | a petroleum access authority that— (a) has been revoked or surrendered; or (b) has expired | | the authority area. | | 11 | a greenhouse gas assessment permit that has expired | | the area constituted by the blocks over which the permit was in force but has not been renewed. | | 12 | a greenhouse gas holding lease (other than a special greenhouse gas holding licence) that has expired | | the area constituted by the blocks over which the lease was in force but has not been renewed. | | 13 | a greenhouse gas assessment permit that has been cancelled | | the permit area. | | 14 | a greenhouse gas holding lease that has been cancelled | | the lease area. | | 15 | a greenhouse gas injection licence that has been cancelled | | the licence area. | | 16 | a greenhouse gas search authority that— (a) has been surrendered or cancelled; or (b) has expired | the authority area. | | | 17 | a greenhouse gas special authority that— (a) has been revoked or surrendered; or (b) has expired | the authority area. | |

Infrastructure facilities

17 Infrastructure facilities

(1) For the purposes of this Act, an infrastructure facility is a facility, structure or installation for engaging in any of the activities to which subsection (2) or (3) applies, so long as—

(a) the facility, structure or installation rests on the seabed; or

(b) the facility, structure or installation is fixed or connected to the seabed (whether or not the facility is floating); or

(c) the facility, structure or installation is attached or tethered to a facility, structure or installation referred to in paragraph (a) or (b).

S. 17(2) amended by No. 42/2024 s. 7(b).

(2) This subsection applies to the following activities—

(a) remote control of facilities, structures or installations used to recover petroleum in a petroleum production licence area;

(b) processing petroleum recovered in any place, including—

(i) converting petroleum into another form by physical or chemical means, or both (for example, converting it into liquefied natural gas or methanol); and

(ii) partial processing of petroleum (for example, by removing water);

(d) preparing petroleum for transport to another place (for example, pumping or compressing);

S. 17(2)(da) inserted by No. 42/2024 s. 7(a).

(da) underground petroleum storage;

(e) activities related to any of the above—

but, except as mentioned in paragraphs (a) and (da), this subsection does not apply to exploring for, or recovering, petroleum.

(3) This subsection applies to the following activities—

(a) activities preparatory to injecting a greenhouse gas substance into an identified greenhouse gas storage formation (for example, controlling the flow of a greenhouse gas substance into the relevant well);

(b) preparing a greenhouse gas substance for injection into an identified greenhouse gas storage formation (for example, pumping, processing or compressing);

(d) storing a greenhouse gas substance before it is—

(i) transported to another place; or

(ii) injected into an identified greenhouse gas storage formation; or

(iii) subjected to any other activity at a facility, structure or installation;

(e) monitoring the behaviour of a greenhouse gas substance stored in an identified greenhouse gas storage formation;

(f) remote control of facilities, structures or installations used to—

(i) inject a greenhouse gas substance into an identified greenhouse gas storage formation; or

(ii) store a greenhouse gas substance in an identified greenhouse gas storage formation; or

(iii) do anything mentioned in any of the above paragraphs;

(g) activities related to any of the above.

(4) For the purposes of subsection (3), the injection of a greenhouse gas substance into an identified greenhouse gas storage formation is taken to take place at the top of the relevant well.

Terminal station

18 Terminal station

(1) The Minister may, by notice published in the Government Gazette, declare any of the following to be a terminal station for the purposes of this Act—

(a) a specified petroleum pumping station in the offshore area;

(b) a specified petroleum tank station in the offshore area;

(3) To avoid doubt, a declaration may be made under subsection (1) whether or not a person has applied for a pipeline licence.

Terminal point

19 Terminal point

(1) The Minister may, by notice published in the Government Gazette, declare that a specified point on a pipe, or system of pipes, for conveying a greenhouse gas substance is a terminal point for the purposes of this Act.

(3) To avoid doubt, a declaration may be made under subsection (1) whether or not a person has applied for a pipeline licence.

Declared greenhouse gas facility

20 Declared greenhouse gas facility

(1) The Minister may, by notice published in the Government Gazette, declare that a specified facility, structure or installation in a greenhouse gas injection licence area is a declared greenhouse gas facility for the purposes of this Act.

Extended meaning of explore

21 Extended meaning of *explore*

(1) For the purposes of this Act, if—

(b) the person does so with the intention that the person or another could use the survey data, or information derived from the samples, as the case may be, for the purpose of discovering petroleum—

the person is taken to explore for petroleum.

(2) For the purposes of this Act, if—

the person is taken to explore for those potential greenhouse gas storage formations.

(3) For the purposes of this Act, if—

(a) a person has reasonable grounds to suspect that a part of a geological formation could be an eligible greenhouse gas storage formation; and

(b) the person carries out an activity for the purposes of ascertaining either or both of the following—

(i) the spatial extent of the eligible greenhouse gas storage formation;

(ii) any of the fundamental suitability determinants of the eligible greenhouse gas storage formation—

the person is taken to explore for a potential greenhouse gas storage formation.

(4) For the purposes of this Act, if—

the person is taken to explore for those potential greenhouse gas injection sites.

Potential greenhouse gas storage formation

22 Potential greenhouse gas storage formation

(1) For the purposes of this Act, a potential greenhouse gas storage formation is a part of a geological formation, where that part is suitable, with or without engineering enhancements, for the permanent storage of a greenhouse gas substance injected into that part.

(2) For the purposes of subsection (1), it is not necessary to identify the greenhouse gas substance.

(3) For the purposes of subsection (1), in determining whether a part of a geological formation is suitable, with or without engineering enhancements, for the permanent storage of a greenhouse gas substance injected into that part, regard may be had to reasonably foreseeable technological developments.

Eligible greenhouse gas storage formation

23 Eligible greenhouse gas storage formation

(1) For the purposes of this Act, an eligible greenhouse gas storage formation is a part of a geological formation, where that part—

(a) is suitable, without engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period; or

(b) is suitable, with engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period.

(2) An amount referred to in subsection (1)(a) or (b) must be at least 100 000 tonnes.

(3) For the purposes of this Act, the spatial extent of an eligible greenhouse gas storage formation is the expected migration pathway or pathways, over the period—

(a) beginning at the start of the particular period referred to in whichever of subsection (1)(a) or (b) is applicable; and

(b) ending at the notional site closing certificate time—

of the particular amount of the particular greenhouse gas substance injected as mentioned in whichever of subsection (1)(a) or (b) is applicable.

(4) In determining the spatial extent of an eligible greenhouse gas storage formation, regard must be had to—

(a) the fundamental suitability determinants; and

(b) such other matters as are relevant.

(5) The regulations may provide that the expected migration pathway or pathways are to be ascertained on the basis of—

(a) one or more assumptions (if any) specified in the regulations; and

(b) a level of probability specified in the regulations; and

(6) For the purposes of the application of this section to a part of a geological formation covered by subsection (1)(a), the notional site closing certificate time is worked out as follows—

(a) assume that the particular amount of the particular greenhouse gas substance referred to in that paragraph was injected at the particular point or points referred to in that paragraph over the particular period referred to in that paragraph;

(b) assume that, throughout that period, that part was an identified greenhouse gas storage formation;

(i) were authorised by a greenhouse gas injection licence; and

(ii) complied with the requirements of this Act and the regulations;

(d) assume that, at the end of that period, operations for the injection of the greenhouse gas substance into that part ceased;

(e) estimate the earliest time after the end of that period when the Minister would be in a position to issue a site closing certificate in relation to the identified greenhouse gas storage formation;

(f) that time is the notional site closing certificate time.

(7) For the purposes of the application of this section to a part of a geological formation covered by subsection (1)(b), the notional site closing certificate time is worked out as follows—

(a) assume that the engineering enhancements referred to in that paragraph had been made;

(b) assume that the particular amount of the particular greenhouse gas substance referred to in that paragraph was injected at the particular point or points referred to in that paragraph over the particular period referred to in that paragraph;

(d) assume that, throughout that period, operations for the injection of the greenhouse gas substance into that part—

(i) were authorised by a greenhouse gas injection licence; and

(ii) complied with the requirements of this Act and the regulations;

(e) assume that, at the end of that period, operations for the injection of the greenhouse gas substance into that part ceased;

(f) estimate the earliest time after the end of that period when the Minister would be in a position to issue a site closing certificate in relation to the identified greenhouse gas storage formation;

(g) that time is the notional site closing certificate time.

(8) For the purposes of this Act, the following are the fundamental suitability determinants of an eligible greenhouse gas storage formation—

(a) the particular amount referred to in whichever of subsection (1)(a) or (b) is applicable;

(b) the particular greenhouse gas substance referred to in whichever of subsection (1)(a) or (b) is applicable;

(d) the particular period referred to in whichever of subsection (1)(a) or (b) is applicable;

(e) if subsection (1)(b) is applicable—the engineering enhancements referred to in that paragraph;

(f) the effective sealing feature, attribute or mechanism that enables the permanent storage referred to in whichever of subsection (1)(a) or (b) is applicable.

Potential greenhouse gas injection site

24 Potential greenhouse gas injection site

For the purposes of this Act, a potential greenhouse gas injection site is a place that—

(a) is a suitable place to make a well or wells to inject a greenhouse gas substance into a part of a geological formation; and

(b) is wholly situated in the offshore area.

Incidental greenhouse gas‑related substance

25 Incidental greenhouse gas‑related substance

(1) This section applies if either or both of the following substances (primary greenhouse gas substances) are captured from a particular source material—

(a) carbon dioxide;

(b) one or more prescribed greenhouse gases.

(2) For the purposes of this Act, the following are incidental greenhouse gas‑related substances in relation to a primary greenhouse gas substance—

(a) any substance that is incidentally derived from the source material;

(b) any substance that is incidentally derived from the capture;

(c) if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is transported—any substance that is incidentally derived from the transportation;

(d) if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is injected into a part of a geological formation—any substance that is incidentally derived from the injection;

(e) if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is stored in a part of a geological formation—any substance that is incidentally derived from the storage.

Site plan—identified greenhouse gas storage formation

26 Site plan—identified greenhouse gas storage formation

For the purposes of this Act, a site plan, in relation to an identified greenhouse gas storage formation, is a document that—

(a) relates to the identified greenhouse gas storage formation; and

(b) complies with such requirements as are specified in the regulations; and

(i) Part A, which sets out predictions for the behaviour of a greenhouse gas substance stored in the identified greenhouse gas storage formation;

(ii) Part B, which deals with other matters.

Significant risk of a significant adverse impact—approval of key petroleum operations

27 Significant risk of a significant adverse impact—approval of key petroleum operations

(1) For the purposes of sections 79, 80, 83, 123, 124, 127, 157, 158, 161 and 768(2)(a), the question of whether there is a significant risk that a key petroleum operation will have a significant adverse impact on—

S. 27(1)(b) amended by No. 26/2021 s. 5(1)(a).

S. 27(1)(c) inserted by No. 26/2021 s. 5(1)(b).

(c) operations for the injection of a greenhouse gas substance that are being, or could be, carried on under a cross‑boundary greenhouse gas title; or

S. 27(1)(d) inserted by No. 26/2021 s. 5(1)(b).

(d) operations for the storage of a greenhouse gas substance that are being, or could be, carried on under a cross‑boundary greenhouse gas title—

(c) the economic consequences of the adverse impact relative to the potential economic value of the operations referred to in whichever of subsection (1)(a) or (b) is applicable.

(5) For the purposes of sections 79, 80, 83, 123, 124, 127, 157, 158, 161 and 768(2)(a), a key petroleum operation will have an adverse impact on—

S. 27(5)(b) amended by No. 26/2021 s. 5(2)(a).

S. 27(5)(ba) inserted by No. 26/2021 s. 5(2)(b).

(ba) operations for the injection of a greenhouse gas substance that are being, or could be, carried on under a cross‑boundary greenhouse gas title; or

S. 27(5)(bb) inserted by No. 26/2021 s. 5(2)(b).

(bb) operations for the storage of a greenhouse gas substance that are being, or could be, carried on under a cross‑boundary greenhouse gas title—

(the relevant greenhouse gas operations) if, and only if, the key petroleum operation will result in—

(d) an increase in the operating costs (other than prescribed costs) of the relevant greenhouse gas operations; or

(e) a reduction in the rate of injection of the greenhouse gas substance; or

(f) a reduction in the quantity of the greenhouse gas substance that will be able to be stored.

(6) For the purposes of sections 79, 80, 83, 123, 124, 127, 157, 158, 161 and 768(2)(a), if there is a risk that a key petroleum operation will have an adverse impact on—

S. 27(6)(b) amended by No. 26/2021 s. 5(3)(a).

S. 27(6)(c) inserted by No. 26/2021 s. 5(3)(b).

(c) operations for the injection of a greenhouse gas substance that are being, or could be, carried on under a cross‑boundary greenhouse gas title; or

S. 27(6)(d) inserted by No. 26/2021 s. 5(3)(b).

(d) operations for the storage of a greenhouse gas substance that are being, or could be, carried on under a cross‑boundary greenhouse gas title—

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability-weighted impact cost of the key petroleum operation is less than the amount that, under the regulations, is taken to be the threshold amount.

Significant risk of a significant adverse impact—grant of petroleum production licence

28 Significant risk of a significant adverse impact—grant of petroleum production licence

S. 28(1) amended by No. 26/2021 s. 6(1)(a).

(1) For the purposes of sections 151A, 167 and 168, the question of whether there is a significant risk that any of the operations that could be carried on under a petroleum production licence will have a significant adverse impact on operations that are being, or could be, carried on under—

S. 28(1)(c) amended by No. 26/2021 s. 6(1)(b).

S. 28(1)(d) inserted by No. 26/2021 s. 6(1)(c).

(d) a cross‑boundary greenhouse
gas title—

S. 28(2)(c) amended by No. 26/2021 s. 6(2).

(c) the economic consequences of the adverse impact relative to the potential economic value of the operations that are being, or could be, carried on under the permit, lease, licence or title referred to in whichever of subsection (1)(a), (b), (c) or (d) is applicable.

S. 28(5) amended by No. 26/2021 s. 6(3)(a).

(5) For the purposes of sections 151A, 167 and 168, an operation that could be carried on under a petroleum production licence (the petroleum production licence operation) will have an adverse impact on operations (the relevant greenhouse gas operations) that are being, or could be, carried on under—

S. 28(5)(c) amended by No. 26/2021 s. 6(3)(b).

S. 28(5)(ca) inserted by No. 26/2021 s. 6(3)(c).

(ca) a cross‑boundary greenhouse gas
title—

if, and only if, the petroleum production licence operation will result in—

(d) an increase in the capital costs (other than prescribed costs) of the relevant greenhouse gas operations; or

(e) an increase in the operating costs (other than prescribed costs) of the relevant greenhouse gas operations; or

(f) a reduction in the rate of injection of the greenhouse gas substance; or

(g) a reduction in the quantity of the greenhouse gas substance that will be able to be stored.

S. 28(6) amended by No. 26/2021 s. 6(4)(a).

(6) For the purposes of sections 151A, 167 and 168, if there is a risk that an operation that could be carried on under a petroleum production licence (the petroleum production licence operation) will have an adverse impact on operations that are being, or could be, carried on under—

S. 28(6)(c) amended by No. 26/2021 s. 6(4)(b).

S. 28(6)(d) inserted by No. 26/2021 s. 6(4)(c).

(d) a cross‑boundary greenhouse gas
title—

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability-weighted impact cost of the petroleum production licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.

Significant risk of a significant adverse impact—approval of key greenhouse gas operations

29 Significant risk of a significant adverse impact—approval of key greenhouse gas operations

S. 29(1) amended by No. 42/2024 s. 8(1).

(1) For the purposes of sections 292, 293, 330, 331 and 768(2)(b), the question of whether there is a significant risk that a key greenhouse gas operation will have a significant adverse impact on petroleum exploration operations, petroleum recovery operations or underground petroleum storage operations that are being, or could be, carried on under—

S. 29(2)(c) amended by No. 42/2024 s. 8(2).

(c) the economic consequences of the adverse impact relative to the potential economic value of the petroleum exploration operations, petroleum recovery operations or underground petroleum storage operations that are being, or could be, carried on under the permit, lease or licence referred to in whichever of subsection (1)(a), (b), (c), (d), (e) or (f) is applicable.

S. 29(5) amended by No. 42/2024 s. 8(3)(a).

(5) For the purposes of sections 292, 293, 330, 331 and 768(2)(b), a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, petroleum recovery operations or underground petroleum storage operations that are being, or could be, carried on under—

if, and only if, the key greenhouse gas operation will result in—

S. 29(5)(g) amended by No. 42/2024 s. 8(3)(b).

(g) an increase in the capital costs (other than prescribed costs) of the petroleum exploration operations, petroleum recovery operations or underground petroleum storage operations; or

S. 29(5)(h) amended by No. 42/2024 s. 8(3)(b).

(h) an increase in the operating costs (other than prescribed costs) of the petroleum exploration operations, petroleum recovery operations or underground petroleum storage operations; or

(i) a reduction in the rate of recovery of the petroleum; or

(j) a reduction in the quantity of the petroleum that will be able to be recovered.

S. 29(6) amended by No. 42/2024 s. 8(4).

(6) For the purposes of sections 292, 293, 330, 331 and 768(2)(b), if there is a risk that a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, petroleum recovery operations or underground petroleum storage operations that are being, or could be, carried on under—

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability-weighted impact cost of the key greenhouse gas operation is less than the amount that, under the regulations, is taken to be the threshold amount.

Significant risk of a significant adverse impact—grant of greenhouse gas injection licence

30 Significant risk of a significant adverse impact—grant of greenhouse gas injection licence

(1) For the purposes of sections 382, 383, 395 and 768(2)(c), the question of whether there is a significant risk that any of the operations that could be carried on under a greenhouse gas injection licence will have a significant adverse impact on operations that are being, or could be, carried on under—

(c) the economic consequences of the adverse impact relative to the potential economic value of the operations that are being, or could be, carried on under the permit, lease or licence referred to in whichever of subsection (1)(a), (b), (c), (d), (e) or (f) is applicable.

(5) For the purposes of sections 382, 383, 395 and 768(2)(c), an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on operations (the relevant petroleum operations) that are being, or could be, carried on under—

if, and only if, the injection licence operation will result in—

(g) an increase in the capital costs (other than prescribed costs) of the relevant petroleum operations; or

(h) an increase in the operating costs (other than prescribed costs) of the relevant petroleum operations; or

(i) a reduction in the rate of recovery of the petroleum; or

(j) a reduction in the quantity of the petroleum that will be able to be recovered.

(6) For the purposes of sections 382, 383, 395 and 768(2)(c), if there is a risk that an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on operations that are being, or could be, carried on under—

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability-weighted impact cost of the injection licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.

Significant risk of a significant adverse impact—power of Minister to protect petroleum

31 Significant risk of a significant adverse impact—power of Minister to protect petroleum

(1) For the purposes of sections 410 and 768(2)(d), the question of whether there is a significant risk that any of the operations that are being, or could be, carried on under a greenhouse gas injection licence will have a significant adverse impact on—

(c) the economic consequences of the adverse impact relative to the potential economic value of the operations or recovery referred to in whichever of subsection (1)(a) or (b) is applicable.

(5) For the purposes of sections 410 and 768(2)(d), an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on—

if, and only if, the injection licence operation will result in—

(d) an increase in the operating costs (other than prescribed costs) of the recovery of the petroleum; or

(e) a reduction in the rate of recovery of the petroleum; or

(f) a reduction in the quantity of the petroleum that will be able to be recovered.

(6) For the purposes of sections 410 and 768(2)(d), if there is a risk that an operation that is being, or could be, carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on—

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability-weighted impact cost of the injection licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.

Securities

32 Securities

(1) For the purposes of this Act, if—

(a) a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force; and

(i) the successful applicant for the permit, lease or licence lodged a security with the Minister in response to the offer document for the permit, lease or licence; or

(ii) the registered holder, or a former registered holder, of the permit, lease or licence lodged a security with the Minister in response to a notice under section 489; and

the security is taken to be in force in relation to the permit, lease or licence.

(2) For the purposes of this Act, if—

(a) a site closing certificate is in force; and

(b) the successful applicant for the certificate lodged a security with the Minister in response to the pre‑certificate notice for the site closing certificate; and

the security is taken to be in force in relation to the site closing certificate.

For pre‑certificate notice, see sections 420, 421, 422 and 423.

Designated agreements

33 Designated agreements

For the purposes of this Act, a designated agreement is an agreement of the kind referred to in any of the following provisions—

(a) section 79(2)(f);

(b) section 79(3)(d);

S. 33(ba) inserted by No. 26/2021 s. 7(a).

(ba) section 79(3A)(d);

(d) section 123(2)(f);

(e) section 123(3)(d);

S. 33(ea) inserted by No. 26/2021 s. 7(b).

(ea) section 123(3A)(d);

(f) section 124;

S. 33(fa) inserted by No. 26/2021 s. 7(c).

(fa) section 151A(3)(c);

(g) section 157(2)(f);

(h) section 157(3)(d);

S. 33(ha) inserted by No. 26/2021 s. 7(d).

(ha) section 157(3A)(d);

(i) section 158;

(j) section 292(2)(d);

(k) section 292(3)(d);

(l) section 293(1);

(m) section 293(2);

(n) section 330(2)(d);

(o) section 330(3)(d);

(p) section 331(1);

(q) section 331(2);

(r) section 382(1)(d)(iii);

(s) section 382(1)(e)(iii);

(t) section 383(1)(d)(iii);

(u) section 383(1)(e)(iii);

(v) section 384(1)(a);

(w) section 395(d)(v);

(x) section 395(e);

(y) section 395(f);

(z) section 395(g);

(za) section 410(1)(e).

Ascertainment of wellhead for purposes of Act

34 Ascertainment of wellhead for purposes of Act

For the purposes of this Act, the wellhead, in relation to any petroleum, is—

(a) the valve station that is agreed between a petroleum exploration permittee, petroleum retention lessee or petroleum production licensee and the Minister; or

(b) if there is no agreement as to the valve station within the period allowed by the Minister for agreement to be reached—the valve station determined by the Minister.

Ascertainment of value of petroleum at wellhead

35 Ascertainment of value of petroleum at wellhead

For the purposes of this Act, the value at the wellhead of any petroleum is—

(a) the amount that is agreed between a petroleum exploration permittee, petroleum retention lessee or petroleum production licensee and the Minister; or

(b) if there is no agreement as to the amount within the period allowed by the Minister for agreement to be reached—the amount determined by the Minister.

Ascertainment of quantity of petroleum recovered

36 Ascertainment of quantity of petroleum recovered

For the purposes of this Act, the quantity of petroleum recovered by a petroleum exploration permittee, petroleum retention lessee or petroleum production licensee from a well during a period is taken to be—

(a) the quantity measured during that period by a measuring device approved by the Minister and installed at the wellhead or at any other place the Minister approves; or

(b) if a measuring device is not installed, or the Minister is not satisfied that the quantity of petroleum recovered by the permittee, lessee or licensee from that well has been properly or accurately measured by a measuring device referred to in paragraph (a)—the quantity determined by the Minister as being the quantity recovered by the permittee, lessee or licensee from that well during that period.

Graticulation of Earth's surface and constitution of blocks

37 Graticulation of Earth's surface and constitution of blocks

(1) For the purposes of this Act, the surface of the Earth is taken to be divided—

(a) by the meridian of Greenwich and by meridians that are at an angular distance from that meridian of 5 minutes, or a multiple of 5 minutes, of longitude; and

(b) by the equator and by parallels of latitude that are at an angular distance from the equator of 5 minutes, or a multiple of 5 minutes, of latitude—

into sections called graticular sections, each of which is bounded—

(d) by portions of 2 of those parallels of latitude that are at an angular distance from each other of 5 minutes of latitude.

(2) For the purposes of this Act—

(a) a graticular section that is wholly within the offshore area constitutes a block; and

(b) if a part only of a graticular section is, or parts only of a graticular section are, within the offshore area, the area of that part, or of those parts, constitutes a block.

Notes to s. 37(2) inserted by No. 26/2021 s. 8.

1 See section 296B (permit area of a cross‑boundary greenhouse gas assessment permit is taken to be included in the Commonwealth defined offshore area).

2 See section 333A (lease area of a cross‑boundary greenhouse gas holding lease is taken to be included in the Commonwealth defined offshore area).

3 See section 378A (licence area of a cross‑boundary greenhouse gas injection licence is taken to be included in the Commonwealth defined offshore area).

(3) A reference in this Act to a block that is constituted by a graticular section includes a reference to a block that is constituted by the area of a part only, or by the areas of parts only, of a graticular section.

(4) A reference in this Act to a graticular section that constitutes a block includes a reference to—

(a) a graticular section only part of which constitutes a block; or

(b) a graticular section only parts of which constitute a block.

For datum, see section 40.

Div 2

Datum provisions

Division 2—Datum provisions

Objects

38 Objects

The objects of this Division are—

(a) to use the Australian Geodetic Datum to determine the position of graticular sections or blocks; and

(b) to use the Geocentric Datum of Australia to determine the position of certain other areas; and

(c) to enable the position of a point, line or area to be described, in a title or other instrument under this Act, using—

(i) the Geocentric Datum of Australia; or

(ii) another datum identified in the regulations—

(but not so as to change the position of a point, line or area).

Definitions

39 Definitions

In this Division—

Australian Geodetic Datum means the Australian Geodetic Datum as defined in Commonwealth of Australia Gazette No. 84 of 6 October 1966 (AGD66 geodetic data set);

Geocentric Datum of Australia means the Geocentric Datum of Australia as defined in Commonwealth of Australia Gazette No. 35 of 6 September 1995 (GDA94 geocentric data set);

greenhouse gas title means—

(e) a greenhouse gas special authority;

instrument under this Act does not include the regulations;

petroleum title means—

(g) a petroleum access authority;

this Act includes the regulations;

(a) a greenhouse gas title; or

(b) a petroleum title.

Australian Geodetic Datum

40 Australian Geodetic Datum

(1) For the purposes of this Act, the position on the surface of the Earth of a graticular section or block is to be determined by reference to the Australian Geodetic Datum.

Australian Geodetic Datum is defined in section 39.

(2) Subsection (1) does not apply for the purposes of describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area.

Geocentric Datum of Australia

41 Geocentric Datum of Australia

(1) For the purposes of this Act, the position on the surface of the Earth of—

(a) an area described in Schedule 1; or

(b) the area described in Schedule 2—

is to be determined by reference to the Geocentric Datum of Australia.

Schedule 1 describes the scheduled area for Victoria.

1 Schedule 1 describes the scheduled area for Victoria.

2 Schedule 2 describes the area that includes the area to be avoided.

3 Geocentric Datum of Australia is defined in section 39.

(2) Subsection (1) does not apply for the purposes of describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area.

Current datum, previous datum and changeover time

42 Current datum, previous datum and changeover time

(1) The regulations may declare that, for the purposes of describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area—

(a) a specified datum is the current datum; and

(b) that datum replaces the previous datum.

(2) The previous datum is—

(a) if a datum is the first datum declared to be the current datum under subsection (1)—the Geocentric Datum of Australia; or

(b) in any other case—the datum that was the current datum immediately before the changeover time.

(3) The changeover time is the time when the declaration takes effect.

(4) Before the first declaration under subsection (1) takes effect, the Geocentric Datum of Australia applies for the purposes of describing, in a title or other instrument under this Act, the position on the surface of the Earth of a point, line or area.

Use of current datum

43 Use of current datum

For the purposes of this Act, after the changeover time, for a title or instrument set out in the table, the position on the surface of the Earth of a point, line or area set out in the table is to be described by reference to the current datum, and the relevant title or instrument may be annotated accordingly—

A grant of a petroleum exploration permit, a petroleum retention lease or a petroleum production licence may be a grant by way of renewal—see section 11.

Use of previous datum

44 Use of previous datum

(1) For the purposes of this Act, after the changeover time, for a title or instrument set out in the table, the position on the surface of the Earth of a point, line or area set out in the table is to be described by reference to the previous datum—

| Points, lines and areas | | | | Item | Title or instrument | Point, line or area | | 1 | a petroleum exploration permit | the permit area of a petroleum exploration permit that was in force immediately before the changeover time | | 2 | a petroleum retention lease | the lease area of a petroleum retention lease that was in force immediately before the changeover time | | 3 | a petroleum production licence | the licence area of a petroleum production licence that was in force immediately before the changeover time | | 4 | an infrastructure licence | the licence area of an infrastructure licence that was in force immediately before the changeover time | | 5 | a petroleum special prospecting authority | the authority area of a petroleum special prospecting authority that was in force immediately before the changeover time | | 6 | a petroleum access authority | the authority area of a petroleum access authority that was in force immediately before the changeover time | | 7 | a pipeline licence | the route of a pipeline authorised by a pipeline licence that was in force immediately before the changeover time | | 8 | any other instrument under this Act | a point, line or area set out in any other instrument under this Act that was in force immediately before the changeover time |

(2) Subsection (1) has effect subject to section 45 (which deals with variation of titles and instruments).

More sections below

Source text: opening excerpt

Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.

1 Offshore Petroleum and Greenhouse Gas Storage Act 2010

Version No. 018

Offshore Petroleum and Greenhouse Gas Storage Act 2010

No. 10 of 2010

Version incorporating amendments as at
7 November 2024

table of provisions

Section Page

Chapter 1—Introduction 3

Part 1.1—Legislative formalities and background 3

1 Purpose 3

2 Commencement 3

3 Object 3

4 Simplified outline 4

5 Simplified map 6

Part 1.2—Interpretation 9

Division 1—General 9

6 Definitions 9

7 References to Parts 44

8 Spaces above and below offshore area 44

9 Term of petroleum titles 44

10 Term of greenhouse gas titles 45

11 Renewal of petroleum titles 46

12 Renewal of greenhouse gas titles 49

13 Variation of petroleum titles 51

14 Variation of greenhouse gas titles 51

15 Tied titles 52

16 Vacated area 53

17 Infrastructure facilities 54

18 Terminal station 57

19 Terminal point 57

20 Declared greenhouse gas facility 58

21 Extended meaning of explore 58

22 Potential greenhouse gas storage formation 60

23 Eligible greenhouse gas storage formation 60

24 Potential greenhouse gas injection site 64

25 Incidental greenhouse gas‑related substance 64

26 Site plan—identified greenhouse gas storage formation 65

27 Significant risk of a significant adverse impact—approval of key petroleum operations 66

28 Significant risk of a significant adverse impact—grant of petroleum production licence 69

29 Significant risk of a significant adverse impact—approval of key greenhouse gas operations 71

30 Significant risk of a significant adverse impact—grant of greenhouse gas injection licence 74

31 Significant risk of a significant adverse impact—power of Minister to protect petroleum 76

32 Securities 78

33 Designated agreements 79

34 Ascertainment of wellhead for purposes of Act 81