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
Division Div 4 - Offshore Petroleum and Greenhouse Gas Storage Act 2010 - Directions 525 | Zoe
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
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—