9Imposition of well investigation levy—Commonwealth titles

9 Imposition of well investigation levy—Commonwealth 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 an eligible title (the current title); or (ii) a well has been used in connection with operations authorised by an eligible 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 a compliance investigation relating to a contravention or possible contravention of 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 compliance investigation 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 compliance investigation has exceeded $30,000; levy is imposed on the compliance investigation 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 compliance investigation.

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 a compliance investigation is the amount that is specified in, or worked out in accordance with, the regulations. Definitions (5) In this section:

conduct a compliance investigation includes prepare a written report relating to the compliance investigation.

derived has the same meaning as in Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

eligible title means:

(a) a petroleum title; or
(b) a greenhouse gas title.