10Imposition of well investigation levy—State/Territory titles

10 Imposition of well investigation levy—State/Territory titles

(1) If: (a) either: (i) a well has been used, is being used, has been prepared for use, or is being prepared for use, in connection with operations authorised by a State/Territory title (the current title) granted under a State PSLA or Territory PSLA; or (ii) a well has been used in connection with operations authorised by a State/Territory title from which the current title is derived, and the wellhead is situated in the title area of the current title; and (b) a NOPSEMA inspector has begun to conduct an inspection concerning a contravention or possible contravention of a provision of the State PSLA or Territory PSLA that substantially corresponds to subclause 13A(1) or (2) or 13B(1) or (2) of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and (c) the contravention or possible contravention relates to the well; and (d) a particular time (the threshold time) is the first time when the amount of the costs and expenses reasonably incurred by NOPSEMA in relation to the conduct of the inspection exceeds $30,000; and (e) NOPSEMA has given the registered holder of the current title a written notice stating that the amount of the costs and expenses reasonably incurred by NOPSEMA in relation to the conduct of the inspection has exceeded $30,000; levy is imposed on the inspection in respect of: (f) the period of 3 months beginning at the threshold time; and (g) each successive 3‑month period at any time during which a NOPSEMA inspector continues to conduct the inspection.

Note 1: Clause 13A of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 deals with the duties of petroleum titleholders in relation to wells.

Note 2: Clause 13B of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 deals with the duties of greenhouse gas titleholders in relation to wells.

(2) Levy imposed by subsection (1) is to be known as well investigation levy. (3) Well investigation levy imposed by subsection (1) is payable by the registered holder of the current title. Amount of well investigation levy (4) The amount of well investigation levy imposed by subsection (1) on an inspection is the amount that is specified in, or worked out in accordance with, the regulations. Definitions (5) In this section:

Commonwealth greenhouse gas title means a greenhouse gas title within the meaning of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Commonwealth petroleum title means a petroleum title within the meaning of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.