152AConditions restricting the sale of petroleum to LNG exporters

152A Conditions restricting the sale of petroleum to LNG exporters

(1) Any petroleum production licence granted on or after 1 May 2018 is granted subject to the condition that the licensee must not supply petroleum recovered under the licence to an LNG exporter unless—

(a) the licensee has first taken all reasonable steps to supply that petroleum to a domestic consumer on reasonable terms; and

(b) there is no domestic consumer willing to buy the petroleum on reasonable terms.

Penalty: 20 penalty units.

(2) In determining whether terms are reasonable for the purposes of subsection (1)(b), the factors (if any) prescribed by the regulations must be taken into account.

(3) If a person commits an offence against subsection (1), the Minister may publish, in the Government Gazette, on an Internet site maintained by the Department or both, a notice stating—

(a) the name of the person; and

(b) that the person has committed an offence against subsection (1); and

(c) when the offence was committed; and

(d) the penalty imposed.

(4) A petroleum production licensee who proposes to supply petroleum recovered under the licence to an LNG exporter must notify the Minister of the proposed supply.

(5) A notice under subsection (4) must—

(a) be in writing; and

(b) contain any prescribed information; and

(c) be given within any prescribed period.

domestic consumer, in relation to the supply of petroleum, means an entity—

(a) that will consume the petroleum within Australia; or

(b) that will supply the petroleum to an entity that will consume the petroleum within Australia;

LNG exporter, in relation to the supply of petroleum, means an entity other than a domestic consumer;

petroleum includes petroleum that is converted into another form by physical or chemical means, including but not limited to liquefied natural gas.

S. 152B inserted by No. 20/2020 s. 31.