8Imposition of safety case levy—designated coastal waters

8 Imposition of safety case levy—designated coastal waters

(1) If: (a) a safety case is in force in relation to a facility at any time during a year; and (b) the facility is located, or proposed to be located, in the designated coastal waters of a State or of the Northern Territory; levy is imposed on the safety case in respect of that year. (2) Levy imposed by subsection (1) is to be known as safety case levy. (3) Safety case levy imposed by subsection (1) is payable by: (a) unless any of the following paragraphs apply—the operator of the facility; or (b) if the facility is a pipeline subject to a pipeline licence and a State/Territory remedial direction does not apply in relation to the pipeline at any time during the year—the licensee of the pipeline licence; or (c) if the facility is a pipeline subject to a pipeline licence and a State/Territory remedial direction applies in relation to the pipeline at any time during the year: (i) the licensee of the pipeline licence; and (ii) if the licensee is not subject to the State/Territory remedial direction—the person who is subject to the State or Territory remedial direction; or (d) if the facility is not a pipeline that is subject to a pipeline licence but is a pipeline in relation to which a State/Territory remedial direction is in force at any time during the year—the person who is subject to the remedial direction.

Note: For collection of safety case levy, see section 687 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Amount of safety case levy (4) The amount of safety case levy imposed by subsection (1) in respect of a year is the amount that is specified in, or worked out in accordance with, the regulations. (6) The regulations may specify different amounts of safety case levy, or different means of working out amounts of safety case levy, in relation to different kinds of facilities, circumstances or any other matter. (7) Subsection (6) does not limit subsection 33(3A) of the Acts Interpretation Act 1901. Transitional (7A) If, at a particular time during the period: (a) beginning at the start of 1 January 2010; and (b) ending at the end of 31 December 2012; a pipeline safety management plan is in force in relation to a pipeline that is a facility, this section has effect as if, at that time, a safety case was in force in relation to the facility. (7B) For the purposes of the application of this section in relation to a facility located, or proposed to be located, in the designated coastal waters of a State or the Northern Territory, if, at a particular time during the period: (a) beginning at the start of 1 January 2010; and (b) ending at the end of 31 December 2012; a safety case is in force in relation to the facility (within the meaning of regulations of that State or Territory that substantially correspond to the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996, as those last‑mentioned regulations were in force immediately before the end of 31 December 2009), this section has effect as if, at that time, a safety case was in force in relation to the facility. Definitions (8) For the purposes of the application of this section in relation to the designated coastal waters of a State or of the Northern Territory: