21Amount of levy—facilities other than pipelines subject to pipeline licences

21 Amount of levy—facilities other than pipelines subject to pipeline licences

(1) For the purposes of subsection 7(4) of the Regulatory Levies Act, this section provides for the amount of safety case levy imposed on a safety case in respect of a year if the safety case is in force at any time during the year in relation to one or more facilities (other than facilities that are pipelines subject to pipeline licences) located, or proposed to be located, in Commonwealth waters. Amount of levy—general (2) If the safety case is in force during the year in relation to at least one facility that is not a disregarded facility for the year, the amount of levy is the sum of: (a) the SMS amount for the safety case and the year; and (b) for each facility (other than a facility that is a disregarded facility for the year) in relation to which the safety case is in force at the start of the year—the facility amount for the facility; and (c) for each facility (other than a facility that is a disregarded facility for the year) in relation to which the safety case is in force during the year, but not at the start of the year—the facility amount for the facility divided by 365 and multiplied by the number of days in the year for which the safety case is in force in relation to the facility. (3) For the purposes of paragraph (2)(c), if a facility in relation to which the safety case is in force during the year is a facility that: (a) is proposed to be, or is being, constructed at a location outside NOPSEMA waters; and (b) is proposed to be installed and operated at a location in Commonwealth waters or in the designated coastal waters of a State or the Northern Territory; and (c) enters NOPSEMA waters during the year; the safety case is taken to come into force in relation to the facility on the day the facility first enters NOPSEMA waters. SMS amount for safety case and year (4) The SMS amount for the safety case and the year is: (a) if the person liable to pay the levy is already liable to pay an SMS amount in the year for another safety case under this section or section 29—zero; or (b) if paragraph (a) does not apply, and each facility (other than a facility that is a disregarded facility for the year) in relation to which the safety case is in force during the year is a mobile facility—$169,950; or (c) if neither paragraph (a) nor (b) applies—$255,700.

Note: For when a person is already liable to pay an SMS amount, see section 20C.

Facility amount for facility (5) The facility amount for a facility is: (a) if paragraph (b) does not apply—the facility rating for the facility multiplied by $52,650; or (b) if the facility is a mobile facility that, during the year, was first operated in designated coastal waters and was then operated in Commonwealth waters—zero.

Note: For mobile facilities mentioned in paragraph (5)(b), see section 29.