Sch. 3 cl. 85(1)(a) amended by No. 26/2021 s. 42(96).
(a) specify the activity in respect of which, in the NOPSEMA inspector's opinion, the threat to health or safety has arisen, and set out the reasons for that opinion; and
(i) direct the operator to ensure that the activity is not engaged in; or
(ii) direct the operator to ensure that the activity is not engaged in a specified manner.
(2) A specified manner may relate to any one or more of the following—
(a) any workplace, or part of a workplace, at which the activity is not to be engaged in;
(b) any plant or substance that is not to be used in connection with the activity;
(c) any procedure that is not to be followed in connection with the activity.
Sch. 3 cl. 85(3) amended by No. 26/2021 s. 42(97).
(3) The notice may specify action that may be taken to satisfy a NOPSEMA inspector that adequate action has been taken to remove the threat to health and safety.
86 Copies of prohibition notice to be given
Sch. 3 cl. 86(1) amended by No. 26/2021 s. 42(98).
(1) If a prohibition notice under clause 84 relates to any workplace, plant, substance or thing that is owned by a person other than the operator, the NOPSEMA inspector must, upon issuing the notice, give a copy of the notice to that person.
(2) The operator's representative at the facility must—
(a) give a copy of the notice to each health and safety representative (if any) for any designated work group having group members performing work that is affected by the notice; and
(b) cause a copy of the notice to be displayed at a prominent place at or near each workplace at which that work is performed.
87 Prohibition notice must not be breached
A person issued with a prohibition notice must comply with the notice.
88 When prohibition notice ceases to have effect
Sch. 3 cl. 88(1) amended by No. 26/2021 s. 42(99).
(1) A prohibition notice ceases to have effect when a NOPSEMA inspector notifies the operator that the NOPSEMA inspector is satisfied that the operator has taken adequate action to remove the threat to health or safety.
Sch. 3 cl. 88(2) amended by No. 26/2021 s. 42(99).
(2) If a NOPSEMA inspector is satisfied that action taken by the operator to remove the threat to health and safety is not adequate, the NOPSEMA inspector must inform the operator accordingly.
Section 85 - Offshore Petroleum and Greenhouse Gas Storage Act 2010 - Matters to be specified in prohibition notice | Zoe
Sch. 3 cl. 88(3) amended by No. 26/2021 s. 42(100).
(3) In making a decision under subclause (2), a NOPSEMA inspector may exercise such of the powers of a NOPSEMA inspector conducting an inspection as the NOPSEMA inspector considers necessary for the purposes of making the decision.
89 Power to issue improvement notices
Sch. 3 cl. 89(1) amended by No. 26/2021 s. 42(101).
(1) If, in conducting an inspection, a NOPSEMA inspector believes on reasonable grounds that a person—
(a) is contravening a provision of a listed OHS law; or
(b) has contravened a provision of a listed OHS law and is likely to contravene that provision again—
the NOPSEMA inspector may issue an improvement notice, in writing, to the person (the responsible person).
(2) If the responsible person is the operator, the improvement notice may be issued to the operator by giving it to the operator's representative at the facility.
(3) If the responsible person is an employer (other than the operator) of members of the workforce, but it is not practicable to give the notice to that employer—
(a) the improvement notice may be issued to the employer by giving it to the operator's representative at the facility; and
(b) if the notice is so issued—the operator must ensure that a copy of the notice is given to the employer as soon as practicable afterwards.
90 Matters to be specified in improvement notice
(1) An improvement notice must—
Sch. 3 cl. 90(1)(a) amended by No. 26/2021 s. 42(102).
(a) specify the contravention that the NOPSEMA inspector believes is occurring or is likely to occur, and set out the reasons for that belief; and
(b) specify a period within which the responsible person is to take the action necessary to prevent any further contravention or to prevent the likely contravention, as the case may be.
(2) The period specified in the notice must be reasonable.
(3) The notice may specify action that the responsible person is to take during the period specified in the notice.
Sch. 3 cl. 90(4) amended by No. 26/2021 s. 42(102).
(4) If the NOPSEMA inspector believes on reasonable grounds that it is appropriate to do so, the NOPSEMA inspector may, in writing and before the end of the period, extend the period specified in the notice.
91 Copies of improvement notice to be given
(1) If an improvement notice is issued to an employer (other than the operator) of members of the workforce in circumstances other than the circumstance referred to in clause 89(3), the employer must immediately ensure that a copy of the notice is given to the operator's representative at the facility.
(2) If a notice is issued to the operator or to an employer (other than the operator) of members of the workforce, the operator's representative at the facility must—
(a) give a copy of the notice to each health and safety representative for a designated work group having group members performing work that is affected by the notice; and
(b) cause a copy of the notice to be displayed in a prominent place at or near each workplace at which the work is being performed.
Sch. 3 cl. 91(3) amended by No. 26/2021 s. 42(103).
(3) Upon issuing a notice, the NOPSEMA inspector must give a copy of the notice to—
(a) if the notice is—
(i) given to a member of the workforce who is an employee; and
(ii) in connection with work performed by the employee—
the employer of that employee; and
(b) if the notice relates to any workplace, plant, substance or thing that is owned by a person other than—
(i) a responsible person; or
(ii) a person who is an employer referred to in paragraph (a)—
that owner; and
(c) if the notice is issued to a person who owns any workplace, plant, substance or thing, because of which a contravention of a listed OHS law has occurred or is likely to occur—
(i) the operator of the facility; and
(ii) if the employer of employees who work in that workplace or who use that plant, substance or thing is a person other than the operator—that employer.
92 Duty of responsible person to ensure compliance with improvement notice
The responsible person under clause 89 must ensure that the improvement notice is complied with to the extent that it relates to any matter over which the person has control.
93 Notices not to be tampered with or removed
(1) A person must not tamper with any notice that has been displayed under clause 82(3), 83(4), 86(2) or 91(2) while that notice is so displayed.
(2) If a notice has been displayed under clause 82(3), a person must not remove the notice until the plant, substance or thing to which the notice relates is returned to the workplace from which it was removed.
(3) If a notice has been displayed under clause 83(4), 86(2) or 91(2), a person must not remove the notice before the notice has ceased to have effect.
Sch. 3 cl. 93(4) amended by No. 55/2010 s. 80(13).
(4) Subclauses (1), (2) and (3) do not apply if the person has a reasonable excuse.
Division 4—Reports on inspections
94 Reports on inspections
Sch. 3 cl. 94(1) amended by Nos 74/2012 s. 51(1), 26/2021 s. 42(104).
(1) If a NOPSEMA inspector has conducted an inspection, the NOPSEMA inspector must, as soon as practicable, prepare a written report relating to the inspection and give the report to NOPSEMA.
(2) The report must include—
Sch. 3 cl. 94(2)(a) amended by No. 26/2021 s. 42(105)(a).
(a) the NOPSEMA inspector's conclusions from conducting the inspection and the reasons for those conclusions; and
Sch. 3 cl. 94(2)(b) amended by No. 26/2021 s. 42(105)(b).
(b) any recommendations that the NOPSEMA inspector wishes to make arising from the inspection; and
(c) such other matters (if any) as are prescribed.
Sch. 3 cl. 94(3) amended by No. 74/2012 s. 51(2).
(3) As soon as practicable after receiving the report, NOPSEMA must give a copy of the report, together with any written comments that it wishes to make—
(a) to the operator of the facility to which the report relates; and
(b) if the report relates to activities performed by an employee of another person—to that other person; or
(c) if the report relates to any plant, substance or thing owned by another person—to that other person.
Sch. 3 cl. 94(4) amended by No. 74/2012 s. 51(3).
(4) NOPSEMA may, in writing, request the operator or any other person to whom a copy of the report is given to provide to NOPSEMA, within a reasonable period specified in the request, details of—
(a) any action proposed to be taken as a result of the conclusions or recommendations contained in the report; and
(b) if a notice has been issued under clause 84 or 85 in relation to work being performed for the operator or that other person—any action taken, or proposed to be taken, in respect of that notice—
and the operator or that other person must comply with the request.
Sch. 3 cl. 94(5) amended by No. 74/2012 s. 51(4).
(5) As soon as practicable after receiving a report, the operator of a facility must give a copy of the report, together with any written comment made by NOPSEMA on the report—
(a) if there is a least one health and safety committee in respect of some or all of the members of the workforce—to each such committee; and
(b) if there is no such committee in respect of some or all of the members of the workforce, but some or all of those members (in respect of which there is no such committee) are in at least one designated work group for which there is a health and safety representative—to each such health and safety representative.
Division 5—Appeals
Sch. 3 cl. 95 (Heading) amended by No. 26/2021 s. 42(106).
95 Appeals against decisions of NOPSEMA inspectors
Sch. 3 cl. 95(1) amended by No. 26/2021 s. 42(107).
(1) If a NOPSEMA inspector, in conducting an inspection or having conducted an inspection—
(a) decides, under clause 45, to confirm or vary a provisional improvement notice; or
(b) decides, under clause 82, to take possession of plant, a substance or a thing at a workplace; or
(c) decides, under clause 83, to direct that a workplace, a part of a workplace, plant, a substance or a thing not be disturbed; or
(d) decides, under clause 84, to issue a prohibition notice; or
(e) decides, under clause 88(2), that the operator of a facility to whom a prohibition notice has been issued has not taken adequate action to remove the threat to health and safety that caused the notice to be issued; or
(f) decides, under clause 89, to issue an improvement notice—
an appeal against the decision may be made, by written notice, to the reviewing authority by—
(g) the operator of the facility, or any employer (other than the operator), who is affected by the decision; or
(h) a person to whom a notice has been issued under clause 44(2) or 89(1); or
(i) the health and safety representative for a designated work group having a group member affected by the decision; or
(j) a workforce representative in relation to the designated work group that includes a group member who is affected by the decision and who has requested the workforce representative to make the appeal; or
(k) if there is no such designated work group, and a member of the workforce affected by the decision has requested a workforce representative in relation to the member to make the appeal—that workforce representative; or
(l) a person who owns any workplace, plant, substance or thing to which the decision referred to in paragraph (a), (b), (c) or (f) relates.
Sch. 3 cl. 95(2) amended by No. 26/2021 s. 42(107).
(2) If a NOPSEMA inspector, having conducted an inspection—
(a) decides under clause 45 to cancel a provisional improvement notice; or
(b) decides under clause 88 that the operator of a facility to whom a prohibition notice has been issued has taken adequate action to remove the threat to health and safety that caused the notice to be issued—
an appeal against the decision may be made, by written notice, to the reviewing authority by—
(c) the health and safety representative for a designated work group having a group member affected by the decision; or
(d) a workforce representative in relation to the designated work group that includes a group member who is affected by the decision and who has requested the workforce representative to make the appeal; or
(e) if there is no such designated work group, and a member of the workforce affected by the decision has requested a workforce representative in relation to the member to make the appeal—that workforce representative.
(3) Subject to this clause, the making of an appeal against a decision referred to in subclause (1) or (2) does not affect the operation of the decision or prevent the taking of action to implement the decision, except to the extent that the reviewing authority makes an order to the contrary.
(4) If the decision appealed against is a decision under clause 89, to issue an improvement notice, the operation of the decision is suspended pending determination of the appeal, except to the extent that the reviewing authority makes an order to the contrary.
Sch. 3 cl. 95(5) amended by No. 26/2021 s. 42(107).
(5) If the decision appealed against is a decision of a NOPSEMA inspector, under clause 45, to confirm or vary a provisional improvement notice whose operation has been suspended pending the inspection of the matter to which the notice relates, the operation of the notice is further suspended pending determination of the appeal, except to the extent that the reviewing authority makes an order to the contrary.
(6) The reviewing authority may—
(a) affirm or revoke the decision appealed against under subclause (1) or (2); and
(b) if it revokes the decision—substitute such other decision as it thinks appropriate.
(7) If the decision is—
(a) varied; or
(b) revoked; or
(c) revoked with the substitution of another decision—
the decision is taken to have effect, and always to have had effect, accordingly.
Sch. 3 cl. 95(8) amended by No. 26/2021 s. 42(108).
(8) If—
(a) the decision appealed against is a decision under clause 82 to take possession of plant, a substance or a thing at a workplace; and
(b) the decision is not affirmed—
the NOPSEMA inspector who made the decision must ensure that, to the extent that the decision is not affirmed, the plant, substance or thing is returned to the workplace as soon as practicable.
Part 5—General provisions
96 Notifying and reporting accidents and dangerous occurrences
Sch. 3 cl. 96(1) amended by No. 74/2012 s. 52(1).
(1) If, at or near a facility, there is—
(a) an accident that causes the death of, or serious injury to, any individual; or
(b) an accident that causes a member of the workforce to be incapacitated from performing work for a period prescribed for the purposes of this paragraph; or
(c) a dangerous occurrence—
the operator must, in accordance with the regulations, give NOPSEMA notice of the accident or dangerous occurrence.
(2) Regulations made for the purposes of subclause (1) (other than regulations made for the purposes of subclause (1)(b)) may prescribe—
(a) the time within which, and the manner in which, notice of an accident or dangerous occurrence is to be given; and
(b) the form of such a notice.
(3) Subclause (2) does not limit regulations that may be made for the purposes of subclause (1).
Sch. 3 cl. 96(4) amended by No. 74/2012 s. 52(2).
(4) If, at or near a facility, there is—
(a) an accident that causes the death of, or serious injury to, any individual; or
(b) an accident that causes a member of the workforce to be incapacitated from performing work for a period prescribed for the purposes of this paragraph; or
(c) a dangerous occurrence—
the operator must, in accordance with the regulations, give NOPSEMA a report about the accident or dangerous occurrence.
(5) Regulations made for the purposes of subclause (4) (other than regulations made for the purposes of subclause (4)(b)) may prescribe—
(a) the time within which, and the manner in which, a report of an accident or dangerous occurrence is to be given; and
(b) the form of such a report.
(6) Subclause (5) does not limit regulations that may be made for the purposes of subclause (4).
97 Records of accidents and dangerous occurrences to be kept
Sch. 3 cl. 97(1) amended by No. 74/2012 s. 53.
(1) The operator of a facility must maintain, in accordance with the regulations, a record of each accident or dangerous occurrence in respect of which the operator is required by clause 96 to notify NOPSEMA.
10 penalty units.
(2) Regulations made for the purposes of subclause (1) may prescribe—
(a) the nature of the contents of a record maintained under this clause; and
(b) the period for which such a record must be retained.
(3) Subclause (2) does not limit regulations that may be made for the purposes of subclause (1).
98 Codes of practice
(1) The regulations may prescribe codes of practice for the purpose of providing practical guidance to operators of facilities and employers (other than such operators) of members of the workforce at facilities.
(2) A person is not liable to any civil or criminal proceedings for contravening a code of practice.
99 Use of codes of practice in criminal proceedings
(1) This clause applies if, in any proceedings for an offence against a listed OHS law, it is alleged that a person contravened a provision of a listed OHS law in relation to which a code of practice was in effect at the time of the alleged contravention.
(2) The code of practice is admissible in evidence in those proceedings.
(3) If the court is satisfied, in relation to any matter which it is necessary for the prosecution to prove in order to establish the contravention, that—
(a) any provision of the code of practice is relevant to that matter; and
(b) the person failed at any material time to comply with that provision of the code of practice—
that matter is treated as proved unless the court is satisfied that, in respect of that matter, the person complied with that provision of a listed OHS law otherwise than by complying with the code of practice.
100 Interference etc. with equipment etc.
(1) A person who—
(a) interferes with or renders ineffective, equipment or a device that is protective equipment or a safety device; and
(b) knows that the equipment or device is protective equipment or a safety device or is negligent as to whether the equipment or device is protective equipment or a safety device—
is guilty of an offence and liable to a term of imprisonment not exceeding 6 months.
(2) Subclause (1) does not apply if the person has a reasonable excuse.
(3) In this clause, protective equipment or a safety device means equipment or a device provided for the health, safety or welfare of members of the workforce at a facility.
101 Members of workforce not to be levied
A person who is—
(a) the operator of a facility; or
(b) an employer (other than the operator) of members of the workforce at a facility—
must not levy, or permit to be levied, on any member of the workforce at the facility, any charge in relation to anything done or provided in accordance with a listed OHS law in order to ensure the health, safety or welfare of persons at or near the facility.
102 Employer not to dismiss etc. employees on certain grounds
(1) An employer (whether the operator or another person) must not—
(a) dismiss an employee; or
(b) perform an act that results in injury to an employee in his or her employment; or
(c) perform an act that prejudicially alters the employee's position (whether by deducting or withholding remuneration or by any other means); or
(d) threaten to do any of those things—
because the employee—
(e) has complained or proposes to complain about a matter concerning the health, safety or welfare of employees at work; or
(f) has assisted or proposes to assist, by giving information or otherwise, the conduct of an inspection; or
(g) has ceased, or proposes to cease, to perform work, in accordance with a direction by a health and safety representative under clause 50(1)(b) or (3)(c), and the cessation or proposed cessation does not continue after—
(i) the health and safety representative has agreed with a person supervising the work that the cessation or proposed cessation was not, or is no longer, necessary; or
Sch. 3 cl. 102(1)(g)(ii) amended by No. 26/2021 s. 42(109).
(ii) a NOPSEMA inspector has, under clause 50(5), made a decision that has the effect that the employee should perform the work.
(2) In proceedings for an offence against subclause (1), if all the relevant facts and circumstances, other than the reason for an action alleged in the charge, are proved, the defendant has the onus of establishing that the action was not taken for that reason.
103 Institution of prosecutions
Sch. 3 cl. 103(1) amended by Nos 74/2012 s. 54(1), 26/2021 s. 42(110).
(1) Proceedings for an offence against a listed OHS law may be instituted by NOPSEMA or by a NOPSEMA inspector.
Sch. 3 cl. 103(2) amended by No. 74/2012 s. 54(1).
(2) A health and safety representative for a designated work group may request NOPSEMA to institute proceedings for an offence against a listed OHS law in relation to the occurrence of an act or omission if—
(a) a period of 6 months has elapsed since the act or omission occurred; and
(b) the health and safety representative considers that the occurrence of the act or omission constitutes an offence against a listed OHS law; and
(c) proceedings in respect of the offence have not been instituted.
Sch. 3 cl. 103(3) amended by No. 74/2012 s. 54(1).
(3) A workforce representative in relation to a designated work group may request NOPSEMA to institute proceedings for an offence against a listed OHS law in relation to the occurrence of an act or omission if—
(a) a period of 6 months has elapsed since the act or omission occurred; and
(b) the workforce representative considers that the occurrence of the act or omission constitutes an offence against a listed OHS law; and
(c) proceedings in respect of the offence have not been instituted; and
Sch. 3 cl. 103(3)(d) amended by No. 74/2012 s. 54(1).
(d) a group member included in the group requests the workforce representative to request NOPSEMA to institute the proceedings.
(4) A request under subclause (2) or (3) must be in writing.
Sch. 3 cl. 103(5) amended by No. 74/2012 s. 54(2).
(5) NOPSEMA must, within 3 months after receiving the request, advise the health and safety representative or the workforce representative, as the case may be, whether proceedings under subclause (1) have been or will be instituted and, if not, give reasons why not.
104 Conduct of directors, employees and agents
(1) This clause has effect for the purposes of a proceeding for an offence against a listed OHS law.
(2) If it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—
(a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of actual or apparent authority; and
(b) that the director, employee or agent had the state of mind.
(3) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of actual or apparent authority is taken to have been engaged in also by the body corporate unless it establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.
(4) If it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show—
(a) that the conduct was engaged in by an employee or agent of the individual within the scope of actual or apparent authority; and
(b) that the employee or agent had the state of mind.
(5) Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of actual or apparent authority is taken to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.
(a) an individual is convicted of an offence; and
(b) he or she would not have been convicted of the offence if subclauses (4) and (5) had not been enacted—
he or she is not liable to be punished by imprisonment for that offence.
(7) A reference in subclause (2) or (4) to the state of mind of a person includes a reference to—
(a) the person's knowledge, intention, opinion, belief or purpose; and
(b) the person's reasons for the intention, opinion, belief or purpose.
105 Schedule not to give rise to other liabilities etc.
This Schedule does not—
(a) confer a right of action in any civil proceeding in respect of any contravention of a provision of a listed OHS law; or
(b) confer a defence to an action in any civil proceeding or otherwise affect a right of action in any civil proceeding.
106 Circumstances preventing compliance may be defence to prosecution
It is a defence to a prosecution for refusing or failing to do anything required by a listed OHS law if the defendant proves that it was not practicable to do that thing because of an emergency prevailing at the relevant time.
107 Regulations—general
(1) The regulations may prescribe—
(a) procedures for the selection of persons, under clause 47, as members of health and safety committees, to represent the interests of members of the workforce at a facility; and
(b) procedures to be followed at meetings of health and safety committees; and
(c) the manner in which notices are to be served under this Schedule or the regulations; and
(d) forms for the purposes of this Schedule or the regulations.
(2) Subclause (1) does not limit the power to make regulations.
(3) If the Minister is satisfied that—
(a) a power, function or duty is conferred or imposed on a person under a law of the State, the Commonwealth or of another State or a Territory; and
(b) the proper exercise of the power or performance of the function or duty is or would be prevented by this Schedule or a provision of this Schedule—
regulations made for the purposes of this subclause may declare that this Schedule, or the provision, as the case may be, does not apply to that person, or does not apply to that person in the circumstances specified in the regulations.
(4) Regulations made for the purposes of subclause (3) do not remain in force for longer than 5 years after they commence, but this subclause does not prevent the making of further regulations of the same substance.
(5) In subclause (3)—
this Schedule includes regulations made for the purposes of this Schedule.
Sch. 4 amended by Nos 20/2020 s. 32, 42/2024 s. 33.
Schedule 4—Subject-matter for regulations
1 The exploration for petroleum and the carrying on of operations, and the execution of works, for that purpose.
2 The recovery of petroleum and the carrying on of operations, and the execution of works, for that purpose.
2A The underground storage of petroleum, including the injection of petroleum into a natural reservoir for storage and the recovery of petroleum so injected, and the carrying on of operations, and the execution of works, for that purpose.
3 The exploration for potential greenhouse gas storage formations, potential greenhouse gas injection sites, and the carrying on of operations, and the execution of works, for any of those purposes.
4 The injection of a greenhouse gas substance into a part of a geological formation, the storage of a greenhouse gas substance in a part of a geological formation; and the carrying on of operations, and the execution of works, for any of those purposes.
5 The conservation of, and the prevention of the waste of, the natural resources (whether petroleum or otherwise) of the offshore area.
6 The restoration or maintenance of the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
7 The restoration or maintenance of the suitability of a part of a geological formation for the recovery of petroleum.
8 The construction and operation of pipelines, water lines, secondary lines, greenhouse gas facility lines, greenhouse gas infrastructure lines, greenhouse gas injection lines, pumping stations, tank stations or valve stations, and the carrying on of operations, and the execution of works, for any of those purposes.
9 The construction, erection, maintenance, operation or use of installations, structures, equipment or facilities.
10 The control of the flow or discharge, and the prevention of the escape, of—
(a) petroleum, a greenhouse gas substance, water or drilling fluid; or
(b) a mixture of water or drilling fluid with petroleum, a greenhouse gas substance or any other matter.
11 The clean‑up or other remediation of the effects of the escape of petroleum or a greenhouse gas substance.
12 The prevention of damage to petroleum‑bearing strata in an area (whether in the offshore area or not) over which a petroleum exploration permit, petroleum retention lease, petroleum production licence, greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is not in force.
13 The keeping separate of—
(a) each petroleum pool discovered in a petroleum exploration permit area, a petroleum retention lease area, a petroleum production licence area, a greenhouse gas assessment permit area, a greenhouse gas holding lease area or a greenhouse gas injection licence area; and
(b) each source of water discovered in a petroleum exploration permit area, a petroleum retention lease area, a petroleum production licence area, a greenhouse gas assessment permit area, a greenhouse gas holding lease area or a greenhouse gas injection licence area.
14 The prevention of water or other matter from entering a petroleum pool through wells.
15 The prevention of the waste or escape of petroleum or water from a petroleum pipeline, water line, secondary line, petroleum pumping station, petroleum tank station or petroleum valve station.
16 The prevention of the waste or escape of a greenhouse gas substance or water from a greenhouse gas pipeline, water line, greenhouse gas facility line, greenhouse gas infrastructure line, greenhouse gas injection line, greenhouse gas pumping station, greenhouse gas tank station or greenhouse gas valve station.
17 The maintaining in good condition and repair of all structures, equipment and other property in the offshore area used or intended to be used for or in connection with exploring for, or exploiting, petroleum in the offshore area.
18 The maintaining in good condition and repair of all structures, equipment and other property in the offshore area used or intended to be used for or in connection with—
(a) the exploration for potential greenhouse gas storage formations in the offshore area; or
(b) the exploration for potential greenhouse gas injection sites in the offshore area; or
(c) the injection of a greenhouse gas substance into a part of a geological formation, where the part is in the offshore area; or
(d) the storage of a greenhouse gas substance in a part of a geological formation, where the part is in the offshore area.
19 The removal from the offshore area of structures, equipment and other items of property that—
(a) have been brought into the offshore area for or in connection with exploring for, or exploiting, petroleum; and
(b) are not used, or intended to be used, in connection with exploring for, or exploiting, petroleum in the offshore area.
20 The removal from the offshore area, of structures, equipment and other items of property that—
(a) have been brought into the offshore area for or in connection with—
(iv) the storage of a greenhouse gas substance in a part of a geological formation; and
(b) are not used, or intended to be used, for or in connection with—
(iv) the storage of a greenhouse gas substance in a part of a geological formation.
21 The decommissioning of structures, equipment and other items of property that—
(a) have been brought into the offshore area for or in connection with—
(iv) the storage of a greenhouse gas substance in a part of a geological formation; and
(b) are not used, or intended to be used, for or in connection with—
(iv) the storage of a greenhouse gas substance in a part of a geological formation.
22 The management of substances stored in a part of a geological formation and the interactions of those substances.
23 The determination of reasonable terms for the supply of petroleum.
24 The requirements for a notice to the Minister that petroleum is proposed to be supplied to an LNG exporter.
Schedule 5—Transitional provisions
1 Definitions
(1) In this Schedule—
commencement day means the day on which section 799 comes into operation;
corresponding provision means a provision of this Act that re-enacts (with or without modification) a provision of the Petroleum (Submerged Lands) Act 1982;
eligible instrument means a declaration, a determination, a direction, an agreement, a delegation, an approval, an appointment, a notice or any other instrument, but does not include an old title;
old infrastructure licence means an infrastructure licence under Part III of the Petroleum (Submerged Lands) Act 1982;
old petroleum access authority means an access authority under Part III of the Petroleum (Submerged Lands) Act 1982;
old petroleum exploration permit means an exploration permit for petroleum under section 22, 27 or 32 of the Petroleum(Submerged Lands) Act 1982;
old petroleum production licence means a production licence for petroleum under section 44, 49 or 51 of the Petroleum (Submerged Lands) Act 1982;
old petroleum retention lease means a retention lease under Part III of the Petroleum (Submerged Lands) Act 1982;
old petroleum scientific investigation consent means a scientific investigation consent under section 123 of the Petroleum (Submerged Lands) Act 1982;
old petroleum special prospecting authority means a special prospecting authority under Part III of the Petroleum (Submerged Lands) Act 1982;
old pipeline licence means a licence to construct and operate a pipeline under Part III of the Petroleum (Submerged Lands) Act 1982;
old title means any of the following as in force immediately before the commencement day—
(a) an old infrastructure licence;
(b) an old petroleum access authority;
(c) an old petroleum exploration permit;
(d) an old petroleum production licence;
(e) an old petroleum retention lease;
(f) an old petroleum scientific investigation consent;
(g) an old petroleum special prospecting authority;
(h) an old pipeline licence.
(2) For the purposes of the definition of corresponding provision in subclause (1), in determining whether a provision is a corresponding provision—
(a) regard must be had to the substance of the provision; and
(b) if the provision appears to have expressed the same idea in a different form of words for the purpose of using a clearer style—disregard the difference.
2 Re‑enactment of the Petroleum (Submerged Lands) Act 1982
This Act re‑enacts the Petroleum (Submerged Lands) Act 1982 with certain modifications.
3 General transitional provisions
(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.
(2) Without limiting subclause (1), in declaring that this Act re-enacts with certain modifications the Petroleum (Submerged Lands) Act 1982, this Schedule must not be taken to—
(a) limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re-enactment; or
(b) be an exhaustive list of the provisions of the Petroleum (Submerged Lands) Act 1982 re-enacted by this Act.
(3) This Schedule applies despite anything to the contrary in any other provision of this Act.
4 Old infrastructure licences
On the commencement day, an old infrastructure licence as in force immediately before that day is taken to be an infrastructure licence.
5 Old petroleum access authorities
On the commencement day, an old petroleum access authority as in force immediately before that day is taken to be a petroleum access authority.
6 Old petroleum exploration permits
(1) On the commencement day, an old petroleum exploration permit under section 22 of the Petroleum (Submerged Lands) Act 1982 as in force immediately before that day is taken to be a petroleum exploration permit granted under Division 2 of Part 2.2 of this Act.
(2) On the commencement day, an old petroleum exploration permit under section 27 of the Petroleum (Submerged Lands) Act 1982 as in force immediately before that day is taken to be a petroleum exploration permit granted under Division 4 of Part 2.2 of this Act.
(3) On the commencement day, an old petroleum exploration permit under section 32 of the Petroleum (Submerged Lands) Act 1982 as in force immediately before that day is taken to be a petroleum exploration permit granted under Division 5 of Part 2.2 of this Act.
7 Old petroleum production licences
(1) On the commencement day, an old petroleum production licence under section 44 of the Petroleum (Submerged Lands) Act 1982 as in force immediately before that day is taken to be a petroleum production licence granted under Division 2 of Part 2.4 of this Act.
(2) On the commencement day, an old petroleum production licence under section 49 of the Petroleum (Submerged Lands) Act 1982 as in force immediately before that day is taken to be a petroleum production licence granted under Division 3 of Part 2.4 of this Act.
(3) On the commencement day, an old petroleum production licence under section 51 of the Petroleum (Submerged Lands) Act 1982 as in force immediately before that day is taken to be a petroleum production licence granted under Division 4 of Part 2.4 of this Act.
8 Old petroleum retention leases
On the commencement day, an old petroleum retention lease as in force immediately before that day is taken to be a petroleum retention lease.
9 Old petroleum scientific investigations consents
On the commencement day, an old petroleum scientific investigation consent as in force immediately before that day is taken to be a petroleum scientific investigation consent.
10 Old petroleum special prospecting authorities
On the commencement day, an old petroleum special prospecting authority as in force immediately before that day is taken to be a petroleum special prospecting authority.
11 Old pipeline licences
On the commencement day, an old pipeline licence as in force immediately before that day is taken to be a pipeline licence.
12 Transitional—eligible instruments
(1) This clause applies to an eligible instrument if—
(a) the eligible instrument was in force immediately before the commencement day; and
(b) the eligible instrument was made or given under, or for the purposes of, a particular provision of the Petroleum (Submerged Lands) Act 1982.
(2) The eligible instrument has effect, on and after the commencement day, as if it had been made or given under, or for the purposes of, the corresponding provision of this Act.
(a) under the eligible instrument, a particular act or thing was required, permitted or proposed to be done within, or at the end of, a particular period; and
(b) if the Petroleum (Submerged Lands) Act 1982 had not been repealed, that period would have—
(ii) ended on or after the commencement day—
this Act and the eligible instrument have effect, on and after the commencement day, as if the act or thing was required, permitted or proposed to be done within, or at the end of—
(c) if that period was one month—whichever is the longer of—
(i) 30 days; or
(ii) one month; or
(d) if that period was 3 months—whichever is the longer of—
(i) 90 days; or
(ii) 3 months; or
(e) in any other case—that period—
instead of the period that would otherwise be applicable.
13 Transitional—acts or things done before commencement
(1) This clause applies to an act or thing (other than the grant of an old title or the making or giving of an eligible instrument) if—
(a) the act or thing was done before the commencement day; and
(b) the act or thing was done under, or for the purposes of, a particular provision of the Petroleum (Submerged Lands) Act 1982.
(2) The act or thing has effect, on and after the commencement day, as if it had been done under, or for the purposes of, the corresponding provision of this Act.
14 Transitional—conditions of old titles
In a condition of an old title, the expression the Act includes this Act.
15 Translation of references in documents
(1) The Minister may, by writing, make any or all of the following declarations in relation to a specified document—
(a) that the document has effect, on and after the commencement day, as if a specified reference, or each reference other than a specified reference, in the document to the Petroleum (Submerged Lands) Act 1982 included a reference to this Act;
(b) that the document has effect, on and after the commencement day, as if a specified reference, or each reference other than a specified reference, in the document to a particular provision of the Petroleum (Submerged Lands) Act 1982 included a reference to the corresponding provision of this Act;
(c) that the document has effect, on and after the commencement day, as if a specified reference, or each reference other than a specified reference, in the document to regulations under the Petroleum (Submerged Lands) Act 1982 included a reference to regulations under this Act;
(d) that the document has effect, on and after the commencement day, as if a specified reference, or each reference other than a specified reference, in the document to the adjacent area within the meaning of the Petroleum (Submerged Lands) Act 1982 were a reference to the offshore area within the meaning of this Act;
(e) that the document has effect, after the commencement day, as if a specified reference, or each reference other than a specified reference, in the document to the Commonwealth adjacent area within the meaning of section 9 of the Petroleum (Submerged Lands) Act 1982 were a reference to the Commonwealth defined offshore area within the meaning of this Act;
(f) that the document has effect, on and after the commencement day, as if a specified reference, or each reference other than a specified reference, in the document to the relinquished area within the meaning of the Petroleum (Submerged Lands) Act 1982 were a reference to the corresponding vacated area within the meaning of this Act.
(2) A declaration under subclause (1) has effect accordingly.
(3) In this clause—
document includes—
(a) an eligible instrument; and
(b) an old title.
16 Transitional regulations
(1) The Governor in Council may make regulations in relation to matters of a savings or transitional nature consequent on the enactment of this Act and the repeal of the Petroleum (Submerged Lands) Act 1982.
(2) A provision of regulations under this clause may be retrospective in operation to the commencement day or a day after the commencement day.
(3) Regulations under this clause have effect despite anything to the contrary in any Act other than this Act or in any subordinate instrument.
17 Petroleum project inspectors
On the commencement day, an inspector within the meaning of the Petroleum (Submerged Lands) Act 1982 is taken to be a petroleum project inspector and a greenhouse gas project inspector.
18 Offshore area
(1) The offshore area within the meaning of this Act corresponds to the area which, immediately before the repeal of the Petroleum (Submerged Lands) Act 1982, was the adjacent area within the meaning of the Petroleum (Submerged Lands) Act 1982.
(2) The Commonwealth defined offshore area within the meaning of this Act corresponds to the area which, immediately before the repeal of the Petroleum (Submerged Lands) Act 1982 was the Commonwealth adjacent area within the meaning of section 9 of the Petroleum (Submerged Lands) Act 1982.
19 Registers
(1) The Register kept under section 505 of this Act for the offshore area is, for all purposes, a continuation of the register kept in pursuance of Division 5 of Part III of the Petroleum (Submerged Lands) Act 1982.
(2) Section 551(1) of this Act has effect as if the reference in that section to Chapter 4 of this Act included a reference to Division 5 of Part III of the Petroleum (Submerged Lands) Act 1982.
Section 551(1) of this Act deals with the reception in evidence of a Register.
(3) Despite the repeal of section 87(2) of the Petroleum (Submerged Lands) Act 1982, that section continues to apply, in relation to a copy or extract certified before the commencement day, as if that repeal had not happened.
Section 87(2) of the Petroleum (Submerged Lands) Act 1982 deals with the evidentiary effect of certified copies and extracts.
(4) Despite the repeal of section 87(3) of the Petroleum (Submerged Lands) Act 1982, that subsection continues to apply, in relation to a certificate given before the commencement day, as if that repeal had not happened.
Section 87(3) of the Petroleum (Submerged Lands) Act 1982 is about evidentiary certificates.
20 Registration fees—transfer
(1) This clause applies if, before the commencement day—
(a) an application for approval of a transfer of a title was made under section 78 of the Petroleum (Submerged Lands) Act 1982; and
(b) a payment was made in relation to the approval as mentioned in section 78(9) of that Act; and
(c) the Minister had not entered in the Register a memorandum of the transfer.
(2) On and after the commencement day, section 514(3) of this Act has effect, in relation to the approval, as if that payment had been the payment mentioned in that section.
21 Registration fees—dealings
(1) This clause applies if, before the commencement day—
(i) an application for approval of a dealing was made under section 81 of the Petroleum (Submerged Lands) Act 1982; or
(ii) a provisional application for approval of a dealing was made under section 81A of the Petroleum (Submerged Lands) Act 1982; and
(b) a payment was made in relation to the approval as mentioned in section 81(12) of that Act; and
(c) the Minister had not made an entry in the Register of the approval.
(2) On and after the commencement day, section 529(3) of this Act has effect, in relation to the approval, as if that payment had been the payment mentioned in that section.
22 Retention and inspection of documents
(1) This clause applies if a provision of Division 5 of Part III of the Petroleum (Submerged Lands) Act 1982 required that a particular document be—
(a) retained by the Minister; and
(b) made available for inspection in accordance with that Division.
(2) On and after the commencement day, the document must be—
(a) retained by the Minister; and
(b) made available for inspection in accordance with Chapter 4 of this Act.
23 Assessment of registration fee
On and after the commencement day, section 555 of this Act has effect as if the reference in subsection (2)(b) of that section to section 547 of this Act included a reference to section 82(1) of the Petroleum (Submerged Lands) Act 1982.
24 Payments by the State to the Commonwealth
(1) Despite the repeal of section 129 of the Petroleum (Submerged Lands) Act 1982, that section continues to apply, in relation to an amount received by the Minister before the commencement day, as if that repeal had not happened.
(2) Despite the repeal of section 129 of the Petroleum (Submerged Lands) Act 1982, that section continues to apply, in relation to an amount that became payable under Part III of that Act before the commencement day, as if that repeal had not happened.
(3) If, apart from this subclause, the same amount would be counted for the purposes of a provision of section 129 of the Petroleum (Submerged Lands) Act 1982 and for the purposes of the corresponding provision of this Act, the amount is to be counted only for the purposes of one of those provisions.
(4) Section 281 of this Act has effect, in relation to an amount received by the Minister, as if a reference in that section to this Act included a reference to the Petroleum (Submerged Lands) Act 1982.
25 Adjustment to period required or allowed for doing an act or thing etc.
(a) under a particular provision of the Petroleum (Submerged Lands) Act 1982, a particular act or thing was required or permitted to be done within a period of one month; and
(b) if that Act had not been repealed, the period of one month would have—
(c) under the corresponding provision of this Act, the act or thing is required or permitted to be done within 30 days; and
(d) the period of one month is longer than the period of 30 days—
this Act has effect as if the act or thing was required or permitted to be done within the period of one month instead of within the period of 30 days.
(a) under a particular provision of the Petroleum (Submerged Lands) Act 1982, the Minister was required to give not less than one month's notice of something; and
(b) the Minister gave notice before the commencement day; and
(c) if that Act had not been repealed, the period of one month would have—
(d) under the corresponding provision of this Act, the Minister is required to give at least 30 days notice of that thing; and
(e) the period of one month is longer than the period of 30 days—
this Act has effect as if the Minister had been required to give at least one month's notice of that thing instead of at least 30 days notice.
(a) under a particular provision of the Petroleum (Submerged Lands) Act 1982, a particular act or thing was required or permitted to be done within a period of 3 months; and
(b) if that Act had not been repealed, the period of 3 months would have—
(c) under the corresponding provision of this Act, the act or thing is required or permitted to be done within 90 days; and
(d) the period of 3 months is longer than the period of 90 days—
this Act has effect as if the act or thing was required or permitted to be done within the period of 3 months instead of within the period of 90 days.
(a) under a particular provision of the Petroleum (Submerged Lands) Act 1982, a particular act or thing was required or permitted to be done within a period of 6 months; and
(b) if that Act had not been repealed, the period of 6 months would have—
(c) under the corresponding provision of this Act, the act or thing is required or permitted to be done within 180 days—
this Act has effect as if the act or thing was required or permitted to be done within the period of 6 months instead of within the period of 180 days.
26 Old titles—continuation in force beyond date of expiry
(1) This clause applies if, immediately before the commencement day, an old title was being continued in force beyond its date of expiry subject to, and in accordance with, a particular provision of the Petroleum (Submerged Lands) Act 1982.
(2) On the commencement day, the old title continues in force subject to, and in accordance with, the corresponding provision of this Act.
For example, see section 32(8) of the Petroleum (Submerged Lands) Act 1982 and section 102(5) of this Act.
27 Applications for old infrastructure licences
On the commencement day, an application for the grant of an old infrastructure licence that has not been granted or refused before that day is taken to be an application for the grant of an infrastructure licence under Part 2.5 of this Act.
28 Applications for old petroleum access authorities
On the commencement day, an application for the grant of an old petroleum access authority that has not been granted or refused before that day is taken to be an application for the grant of a petroleum access authority under Part 2.8 of this Act.
29 Applications for old petroleum exploration permits
(1) On the commencement day, an application for the grant of an old petroleum exploration permit under section 22 of the Petroleum (Submerged Lands) Act 1982 that has not been granted or refused before that day is taken to be an application for the grant of a petroleum exploration permit under Division 2 of Part 2.2 of this Act.
(2) On the commencement day, an application for the grant of an old petroleum exploration permit under section 27 of the Petroleum (Submerged Lands) Act 1982 that has not been granted or refused before that day is taken to be an application for the grant of a petroleum exploration permit under Division 4 of Part 2.2 of this Act.
(3) On the commencement day, an application for the grant of an old petroleum exploration permit under section 32 of the Petroleum (Submerged Lands) Act 1982 that has not been granted or refused before that day is taken to be an application for the grant of a petroleum exploration permit under Division 5 of Part 2.2 of this Act.
(4) Sections 108 and 109 of this Act have effect, in relation to an application for the renewal of an old petroleum exploration permit, as if—
(a) each reference in those sections to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act included a reference to Part III of the Petroleum (Submerged Lands) Act 1982; and
(b) each reference in those sections to regulations under this Act included a reference to regulations under the Petroleum (Submerged Lands) Act 1982.
(5) In addition, the reference in item 1(b) of the table in section 105(2) of this Act to section 86(1) of this Act includes a reference to section 20(1) of the Petroleum (Submerged Lands) Act 1982.
Item 1(b) is about invitations to apply for the grant of a petroleum exploration permit.
30 Applications for old petroleum production licences
(1) On the commencement day, an application for the grant of an old petroleum production licence under section 44 of the Petroleum (Submerged Lands) Act 1982 that has not been granted or refused before that day is taken to be an application for the grant of a petroleum production licence under Division 2 of Part 2.4 of this Act.
(2) On the commencement day, an application for the grant of an old petroleum production licence under section 49 of the Petroleum (Submerged Lands) Act 1982 that has not been granted or refused before that day is taken to be an application for the grant of a petroleum production licence under Division 3 of Part 2.4 of this Act.
(3) On the commencement day, an application for the grant of an old petroleum production licence under section 51 of the Petroleum (Submerged Lands) Act 1982 that has not been granted or refused before that day is taken to be an application for the grant of a petroleum production licence under Division 4 of Part 2.4 of this Act.
31 Applications for old petroleum retention leases
(1) On the commencement day, an application for the grant of an old petroleum retention lease that has not been granted or refused before that day is taken to be an application for the grant of a petroleum retention lease under Part 2.3 of this Act.
(2) Sections 143 and 144 of this Act have effect, in relation to an application for the renewal of an old petroleum retention lease, as if—
(a) each reference in those sections (other than section 144(8)) to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act included a reference to Part III of the Petroleum (Submerged Lands) Act 1982; and
(b) each reference in those sections to regulations under this Act included a reference to the regulations under the Petroleum (Submerged Lands) Act 1982.
32 Applications for old petroleum scientific investigation consents
On the commencement day, an application for the grant of an old petroleum scientific investigation consent that has not been granted or refused before that day is taken to be an application for the grant of a petroleum scientific investigation consent under Part 2.9 of this Act.
33 Applications for old petroleum special prospecting authorities
On the commencement day, an application for the grant of an old petroleum special prospecting authority that has not been granted or refused before that day is taken to be an application for the grant of a petroleum special prospecting authority under Part 2.7 of this Act.
34 Applications for old pipeline licences
(1) On the commencement day, an application for the grant of an old pipeline licence that has not been granted or refused before that day is taken to be an application for the grant of a pipeline licence under Part 2.6 of this Act.
(2) Sections 219, 220, 221 and 222 of this Act have effect, in relation to an application for the grant of a pipeline licence in a case where the applicant is the licensee of an old petroleum production licence, as if—
(a) each reference in those sections to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act included a reference to Part III of the Petroleum (Submerged Lands) Act 1982; and
(b) each reference in those sections to regulations under this Act included a reference to the regulations under the Petroleum (Submerged Lands) Act 1982.
35 Requirement to provide further information in connection with application for title
Section 254 of this Act has effect as if a requirement under any of the following provisions of the Petroleum (Submerged Lands) Act 1982 were a requirement under section 254(2) of this Act—
(a) section 21(4);
(b) section 23(5);
(c) section 38A(3);
(d) section 38BB(3);
(e) section 38F(4);
(f) section 41(2);
(g) section 47(7);
(h) section 59B(3);
(i) section 59K(3);
(j) section 64(4);
(k) section 71(3).
36 Revocation of old petroleum exploration permits, old petroleum retention leases, old petroleum production licences and old petroleum access authorities
(1) If an old petroleum exploration permit or old petroleum retention lease was wholly determined under the Petroleum (Submerged Lands) Act 1982, this Act has effect as if the permit or lease had been wholly revoked.
(2) If an old petroleum exploration permit or old petroleum retention lease was partly determined to a particular extent under the Petroleum (Submerged Lands) Act 1982, this Act has effect as if the permit or lease had been partly revoked to that extent.
(3) If an old petroleum production licence was determined under the Petroleum (Submerged Lands) Act 1982, this Act has effect as if the licence had been revoked.
(4) If an old petroleum retention lease was cancelled under section 38E of the Petroleum (Submerged Lands) Act 1982, this Act has effect as if the lease had been revoked.
(5) If an old petroleum access authority was cancelled under the Petroleum (Submerged Lands) Act 1982, this Act has effect as if the authority had been revoked.
37 Surrender of old title
Section 266 of this Act has effect, in relation to the surrender of an old title, as if—
(a) the reference in subsection (3)(a) of that section to this Act included a reference to the Petroleum (Submerged Lands) Act 1982; and
(b) each reference in subsections (3)(b) and (5)(a) of that section to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act included a reference to Part III of the Petroleum (Submerged Lands) Act 1982; and
(c) each reference in subsections (3)(b) and (5)(a) of that section to regulations under this Act included a reference to regulations under the Petroleum (Submerged Lands) Act 1982.
38 Cancellation of old titles
Sections 270 and 273 of this Act have effect, in relation to the cancellation of an old title, as if—
(a) each reference in those sections to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act included a reference to Part III of the Petroleum (Submerged Lands) Act 1982; and
(b) each reference in those sections to regulations under this Act included a reference to regulations under the Petroleum (Submerged Lands) Act 1982; and
(c) each reference in those sections to this Act included a reference to the Petroleum (Submerged Lands) Act 1982.
39 Commencement of works or operations
(1) This clause applies if, immediately before the commencement day, an instrument under section 96(2) of the Petroleum (Submerged Lands) Act 1982 was in force in relation to—
(a) an old petroleum exploration permit; or
(b) an old petroleum retention lease; or
(c) an old petroleum production licence; or
(d) an old infrastructure licence; or
(e) an old pipeline licence.
(2) The instrument ceases to be in force on the commencement day.
(3) Section 615(2) of this Act has effect, in relation to the permit, lease or licence referred to in subclause (1)(a), (b), (d) or (e), as if the period specified in the instrument under section 96(2)(b) of the Petroleum (Submerged Lands) Act 1982 had been allowed by the Minister under section 615(2)(b) of this Act.
40 Deduction of debts from proceeds of sale of property
Section 638(2) of this Act has effect as if the reference in that section to this Act included a reference to the Petroleum (Submerged Lands) Act 1982.
41 Authorised persons
(1) This clause applies if, immediately before the commencement day, an authorisation under section 151A(4) of the Petroleum (Submerged Lands) Act 1982 was in force in relation to a person or a person included in a class of persons.
(2) This Act has effect as if the Minister had made a declaration under section 667(2) of this Act in relation to that person, or a person included in that class of persons, as the case requires.
42 Release of technical information—deemed time of receipt of certain information and samples
(1) For the purposes of Part 7.3 of this Act—
(a) cores and cuttings relating to the drilling of a well; and
(b) well data relating to the drilling of a well; and
(c) logs relating to the drilling of a well; and
(d) sample descriptions and other documents relating to the drilling of a well—
are taken to have been given to the Minister not later than 30 days after the drilling of the well was, in the Minister's opinion, substantially completed.
(2) For the purposes of Part 7.3 of this Act, geophysical or geochemical data relating to geophysical or geochemical surveys are taken to have been given to the Minister not later than one year after the geophysical or geochemical field work was, in the Minister's opinion, substantially completed.
43 Liability for acts and omissions
Despite the repeal of section 151ZS of the Petroleum (Submerged Lands) Act 1982, that section continues to apply, in relation to an act or matter done or omitted to be done before the commencement day, as if that repeal had not happened.
44 Meaning of petroleum in the Petroleum (Submerged Lands) Act 1982
Disregard the definition of petroleum in section 6 of this Act in determining the meaning that the expression petroleum has or had in the Petroleum (Submerged Lands) Act 1982.
45 OHS inspections
Clause 55 of Schedule 3 to this Act has effect, after the commencement day, as if the following paragraphs were inserted after each of subclauses (1)(c) and (2)(c) of that clause—
(d) to ascertain whether the requirements of, or any requirements properly made under—
(i) Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982 (as in force before the commencement day); or
(ii) the regulations (within the meaning of Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982 as in force before 1 January 2005); or
(iii) regulations set out in or prescribed for the purposes of section 151ZD of the repealed Petroleum (Submerged Lands) Act 1982 as in force during the period that began on 1 January 2005 and ended immediately before the commencement day—
were being complied with before the commencement day; or
(e) concerning a contravention, or possible contravention, before the commencement day, of—
(i) Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982 (as in force before the commencement day); or
(ii) the regulations (within the meaning of Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982 as in force before 1 January 2005); or
(iii) regulations set out in or prescribed for the purposes of section 151ZD of the repealed Petroleum (Submerged Lands) Act 1982 as in force during the period that began on 1 January 2005 and ended immediately before the commencement day; or
(f) concerning an accident or dangerous occurrence that has happened, before the commencement day, in the performing of work (within the meaning of Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982 as in force before the commencement day).
46 OHS prosecutions
Clause 103 of Schedule 3 to this Act has effect, after the commencement day, as if each reference in that clause to a listed OHS law included a reference to—
(a) Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982 as in force before the commencement day; and
(b) the regulations within the meaning of that Schedule as in force before 1 January 2005.
47 Disqualification of health and safety representatives
Clause 38(2) of Schedule 3 to this Act has effect as if—
(a) the reference in that clause to clause 40(1) of that Schedule included a reference to the corresponding provision of Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982; and
(b) the reference in that clause to Schedule 3 to this Act included a reference to Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982.
Sch. 5 cl. 48 inserted by No. 68/2014 s. 68.
48 Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014
(1) Part 6.10 of this Act applies in relation to the following—
(a) offshore information, to the extent that it is personal information, obtained on and after the day on which section 67 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 came into operation;
(b) other offshore information obtained before, on or after that day;
(c) things obtained before, on or after that day.
(2) The Governor in Council may make regulations in relation to matters of a savings or transitional nature consequent on the enactment of section 67 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014.
(3) In this clause—
offshore information has the same meaning as in section 718D;
personal information has the same meaning as in the Privacy and Data Protection Act 2014.
Sch. 6 amended by Nos 62/2010 s. 142,
80/2010 s. 161, repealed by No. 70/2013 s. 3(Sch. 1 item 39 2).
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 4 February 2010
Legislative Council: 25 February 2010
The long title for the Bill for this Act was "A Bill for an Act to regulate petroleum exploration and recovery activities and petroleum facilities and the geological storage of carbon dioxide in the Victorian offshore area and for other purposes."
The Offshore Petroleum and Greenhouse Gas Storage Act 2010 was assented to on 23 March 2010 and came into operation on 1 January 2012: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Offshore Petroleum and Greenhouse Gas Storage Act 2010 by Acts and subordinate instruments.
Energy and Resources Legislation Amendment Act 2010, No. 55/2010
| Assent Date: | 14.9.10 |
| Commencement Date: | S. 80 on 14.10.10: Government Gazette 14.10.10 p. 2404 |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
Traditional Owner Settlement Act 2010, No. 62/2010
| Assent Date: | 21.9.10 |
| Commencement Date: | Ss 141, 142 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
Transport Accident and Accident Compensation Legislation Amendment Act 2010, No. 80/2010
| Assent Date: | 19.10.10 |
| Commencement Date: | S. 161 on 20.10.10: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
| Assent Date: | 18.10.11 |
| Commencement Date: | Ss 20, 21 on 20.3.12: Special Gazette (No. 91) 20.3.12 p. 1 |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
Statute Law Revision Act 2012, No. 43/2012
| Assent Date: | 27.6.12 |
| Commencement Date: | S. 3(Sch. item 35) on 28.6.12: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
| Assent Date: | 30.10.12 |
| Commencement Date: | Ss 62–68 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1 |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Act 2012, No. 74/2012
| Assent Date: | 4.12.12 |
| Commencement Date: | Ss 4–54 on 1.1.13: s. 2 |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
Statute Law Revision Act 2013, No. 70/2013
| Assent Date: | 19.11.13 |
| Commencement Date: | S. 3(Sch. 1 item 39) on 1.12.13: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
| Assent Date: | 3.6.14 |
| Commencement Date: | S. 10(Sch. item 118) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
Privacy and Data Protection Act 2014, No. 60/2014
| Assent Date: | 2.9.14 |
| Commencement Date: | S. 140(Sch. 3 item 32) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014, No. 68/2014
| Assent Date: | 23.9.14 |
| Commencement Date: | Ss 66-68 on 1.9.15: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
Offshore Petroleum and Greenhouse Gas Storage Amendment Act 2018, No. 16/2018
| Assent Date: | 29.5.18 |
| Commencement Date: | Ss 4–32 on 1.10.18: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
Marine and Coastal Act 2018, No. 26/2018
| Assent Date: | 26.6.18 |
| Commencement Date: | S. 95 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1 |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
| Assent Date: | 28.8.18 |
| Commencement Date: | S. 45 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
| Assent Date: | 23.6.20 |
| Commencement Date: | Ss 31, 32 on 24.6.20: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary Greenhouse Gas Titles and Other Matters) Amendment Act 2021, No. 26/2021
| Assent Date: | 28.6.21 |
| Commencement Date: | Ss 4–43 on 29.6.21: s. 2 |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
| Assent Date: | 29.3.22 |
| Commencement Date: | Ss 62, 70, 74 on 30.3.22: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
Offshore Petroleum and Greenhouse Gas Storage Amendment Act 2024, No. 42/2024
| Assent Date: | 6.11.24 |
| Commencement Date: | Ss 4–33 on 7.11.24: s. 2 |
| Current State: | This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010 |