116Commencement of criminal proceedings

116 Commencement of criminal proceedings (1) Despite any other law, proceedings for an offence under this Act may be brought at any time. (2) Proceedings for an offence against this Act may only be commenced by: (a) the CEO; or (b) an inspector or other person authorised by the CEO. 117AAA Application This Division does not apply in relation to a substance that is prescribed under the Waste Management and Pollution Control Act 1998 to be an ozone-depleting substance. 117AAB Environmental offences Petroleum Act 1984 136 (d) the conduct results in significant environmental harm and the Maximum penalty: 6 500 penalty units or imprisonment for 5 years. Minimum penalty: 650 penalty units. (2) An offence against subsection (1) is a summary offence. (d) the conduct results in material environmental harm and the (4) Strict liability applies to subsections (1)(b) and (c) and (3)(b) and (c). (5) A person commits an offence if: (d) the conduct results in significant environmental harm. (6) A person commits an offence if: Petroleum Act 1984 137 (d) the conduct results in material environmental harm. Minimum penalty: 130 penalty units. (7) A person commits an offence if: (d) the conduct results in environmental harm. Maximum penalty: 130 penalty units. (8) An offence against subsection (5), (6) or (7) is an offence of strict subsection (1), (3), (5), (6) or (7) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the 117AAC Additional defences for environmental offences (1) It is a defence to a prosecution of an offence against section 117AAB if the conduct was authorised under another provision of this Act or another Act. subregulation (1) (see section 43BU of the Criminal Code). (2) If environmental harm is the result of the release of a contaminant or waste, it is a defence to a prosecution for an offence against section 117AAB, in relation to a particular contaminant or waste, if the defendant complied with: (a) a provision of an environment protection objective as defined in section 4(1) of the Waste Management and Pollution Control Act 1998 that fixed maximum allowable levels for the particular contaminant or waste; or Petroleum Act 1984 138 (b) a condition of an approval, permit, lease, licence or other authorisation under this Act or another Act that fixed maximum allowable levels for the particular contaminant or waste. Note for subsection (2) subregulation (2) (see section 43BU of the Criminal Code). 117AAD Alternative verdict In a proceeding against a person charged with an offence against a provision specified in the following Table, column 1 (the prosecuted offence), the trier of fact may find the person not guilty of the prosecuted offence but guilty of an offence against a provision specified in the Table as an alternative offence for the prosecuted offence (the alternative offence) if the trier of fact: (a) is not satisfied beyond reasonable doubt that the person committed the prosecuted offence; and (b) is satisfied beyond reasonable doubt that the person committed the alternative offence. Table Alternative offences Prosecuted offence Alternative offence section 57A(14) section 57A(16) section 61E(1) section 61E(3) section 61E(5) section 61E(7) section 77(2) section 77(4), (6) or (7) section 77(4) section 77(7) section 77(6) section 77(7) section 89Q(1) section 89Q(3) section 89Z(1) section 89Z(3) section 89ZA(3) section 89ZA(5) section 105(1) section 105(3) section 105(5) section 105(7) Petroleum Act 1984 139 Prosecuted offence Alternative offence section 117AAB(1) section 117AAB(3), (5), (6) or (7) section 117AAB(3) section 117AAB(6) or (7) section 117AAB(5) section 117AAB(6) or (7) 117AAE Adverse publicity orders may make an order (an adverse publicity order) requiring the person to do any of the following: (a) to publicise, in the manner specified in the order, the offence, its consequences, the penalty imposed and any other related matter; (b) to notify a specified person or specified class of person, in the manner specified in the order, of the offence, its consequences, the penalty imposed and any other related matter. (2) A person subject to an adverse order must give the CEO evidence of compliance with the order within 7 days after the end of the period specified in the order. (3) The court may make an adverse publicity order on its own motion or on the application of the person prosecuting the offence. (4) The court must, in determining whether to make an adverse publicity order, take into account any material before the court relating to the effect of the taking of action or actions that the court proposes to specify in the order is likely to have on a person other than the person found guilty of the offence. (5) If the CEO does not receive evidence in accordance with subsection (2), the CEO, or a person authorised in writing by the CEO, may take the action or actions specified in the order. (6) If the CEO is not satisfied that the person complied with the order, the CEO may apply to the court for an order authorising the CEO, or a person authorised in writing by the CEO, to take action. (7) The CEO is entitled to recover from the person subject to the order an amount equal to the reasonable costs and expenses of taking the action or actions as a debt due and payable to the Territory. Petroleum Act 1984 140 117AAF Order to remedy breach may, in addition to any sanction that it may impose, make an order requiring the person to take specified steps, within a specified period, to remedy any matter caused by the commission of the offence that appears to the court to be within the person’s power to remedy. (2) The period in which an order under this section must be complied with may be extended, or further extended, by order of the court if an application for the extension is made before the period expires. (a) the person is subject to an order under this section; and (b) the person contravenes the order. 117AAG Recovery of costs may, in addition to any sanction that it may impose, make an order requiring the person to pay to the CEO or the Environment CEO: (a) the costs reasonably incurred for the prosecution of the offence; and (b) the costs directly related to the investigation of the offence. (2) Without limiting subsection (1), the costs covered by the subsection may include costs for testing, storing or disposing of evidence. Part VA Civil enforcement, penalties and other proceedings 117AA Who may bring proceedings (1) Subject to this Division, an application for an injunction or other order under this Division may be brought by the following: (a) the Minister; Petroleum Act 1984 141 (b) the CEO; (c) a person who is affected by an alleged act or omission that contravenes or may contravene this Act; (d) an interested person; (e) a person acting on behalf of an unincorporated organisation that is an interested person; (f) a person acting with the written consent of the Minister or the CEO. interested person is: (a) an individual who: (i) has engaged in a series of activities for protection or conservation of, or research into, the environment at any time in the 2 years immediately before the commencement of the application; and (ii) resides, or ordinarily resides, in the Territory; or (b) an organisation that: (i) has objects or purposes that include the protection or conservation of, or research into, the environment; and (ii) is incorporated, or operates on a regular basis, in the 117AB Prohibitory injunctions (1) If a person engaged, is engaging or is proposing to engage in conduct constituting a contravention of this Act, the Supreme Court may grant an injunction restraining the person from engaging in the conduct. (2) If the Supreme Court grants an injunction restraining a person from engaging in conduct and in the opinion of the Court it is desirable to do so, the Court may make an order requiring the person to do a specified act or thing. Petroleum Act 1984 142 117ABA Mandatory injunctions If a person refused or failed, or is refusing or failing, or is proposing to refuse or fail to do an act or thing, and the refusal or failure did, does or would constitute a contravention of this Act, the Supreme Court may grant an injunction requiring the person to do the act or thing. 117ABB Interim injunctions (1) Before deciding an application for an injunction under this Division, the Supreme Court may grant an interim injunction: (a) restraining a person from engaging in conduct; or (b) requiring a person to do an act or thing. (2) The Supreme Court must not require an applicant for an injunction to give an undertaking as to damages as a condition of granting an interim injunction. 117ABC Certain considerations for granting injunctions not relevant (1) The Supreme Court may grant an injunction restraining a person from engaging in conduct: (a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and (b) whether or not the person previously engaged in conduct of that kind; and (c) whether or not there is imminent danger of environmental harm if the person engages, or continues to engage, in conduct of that kind. (2) The Supreme Court may grant an injunction requiring a person to do a particular act or thing: (a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and (b) whether or not the person previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of environmental harm if the person refuses or fails to do that act or thing. Petroleum Act 1984 143 117ABD Discharge of injunctions On application, the Supreme Court may discharge or vary an injunction. 117ABE Other orders (1) On application only by the Minister or the CEO, the Supreme Court may make the following orders in relation to a contravention of this Act: (a) if the contravention of this Act resulted in environmental harm – an order requiring the person who committed the contravention to: (i) do a specified act or thing to remediate any specified environmental harm or to rehabilitate any aspect of the environment; and (ii) if appropriate, do a specified act or thing to prevent or mitigate further environmental harm; (b) if the Minister or the CEO incurred costs or expenses in doing an act or thing to prevent or mitigate environmental harm resulting from the contravention of this Act or to remediate or rehabilitate the environment as a result of environmental harm – an order against the person who committed the contravention for payment of the reasonable costs and expenses incurred in doing the act or thing. (2) On application by a person referred to in section 117AA(1)(c) who suffered loss or damage as a result of a contravention of this Act, or incurred costs and expenses in doing an act or thing to prevent or mitigate that loss or damage, the Supreme Court may make an order against the person who committed the contravention for payment of: (a) compensation for the loss or damage; or (b) the reasonable costs and expenses incurred in doing the act or thing. 117ABF Supreme Court may vary or revoke order The Supreme Court may, if it considers it appropriate to do so, either on its own initiative or on the application of a party, vary or revoke an order made under section 117ABE. Petroleum Act 1984 144 117ABG Time for commencing proceedings under this Division (1) A proceeding under this Division may be commenced by the Minister or the CEO at any time within 12 months after the date of the alleged act or omission that contravenes or may contravene this Act. (2) A proceeding under this Division may be commenced by a person referred to in section 117AA(1)(c), (d), (e) or (f) at any time within 6 months after the date of the alleged act or omission that contravenes or may contravene this Act. (3) The Supreme Court may, on application, extend the time specified in subsection (1) or (2). (4) An application under subsection (3) may be commenced before or after the end of the time specified in subsection (1) or (2). (5) In considering an application under subsection (3), the Supreme Court must consider the following if the information is available: (a) when the alleged contravention occurred; (b) whether the impact of the alleged contravention ought to have been discovered by the applicant if the applicant had exercised due diligence in finding the impact and whether the applicant exercised that due diligence; (c) whether extending the time would prejudice the proposed respondent's ability to maintain a defence to the proceeding on the merits; (d) any other criteria the Court considers relevant. 117ABH Security and undertakings Subject to section 117D, the Supreme Court may order a person referred to in section 117AA(1)(c), (d), (e) or (f) who is the applicant in a proceeding under this Division: (a) to provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed; and (b) to give an undertaking as to the payment of any amount of damages that may be awarded under section 117ABJ. Petroleum Act 1984 145 117ABJ Orders as to damages on application of respondent (1) The Supreme Court may make an order under this section if, in a proceeding under this Division in relation to an alleged contravention of this Act commenced by a person referred to in section 117AA(1)(c), (d), (e) or (f), the Court determines: (a) that the respondent has not contravened this Act; and (b) that the respondent has suffered loss or damage as a result of the commencement of the proceeding under this Division; and (c) that in the circumstances it is appropriate to make an order under this section. (2) The Supreme Court may, on the application of the respondent, and in addition to any order as to costs, require a person referred to in section 117AA(1)(c), (d), (e) or (f) who is the applicant in a proceeding under this Division to pay to the respondent the amount determined by the Court to compensate the respondent for the loss or damage suffered by the respondent. 117ABK Orders as to costs Subject to section 117D, in any proceeding under this Division, the Supreme Court may make any order as to costs that it considers just and reasonable. 117ABL Powers conferred are in addition to other powers of Supreme Court The powers conferred on the Supreme Court under this Division are in addition to the other powers of the Court. 117ABM Enforceable undertaking (1) An undertaking under this Division is an enforceable promise given by a person who is alleged to have contravened this Act, in exchange for the stay of any proceedings in respect of the (2) An undertaking may contain any terms and conditions that the CEO considers necessary to promote the objectives of this Act or to ensure compliance with this Act. (3) An undertaking must include time limits for the performance of any obligations and a method to monitor compliance with the undertaking. Petroleum Act 1984 146 (4) The process of negotiating an undertaking is without prejudice to any party's position. (5) The CEO may accept a written undertaking given by the holder of a petroleum interest in connection with a contravention or alleged contravention by the holder of the petroleum interest of: (a) this Act; or (b) a term or condition of the petroleum interest. (6) The CEO must consider the following before accepting an undertaking: (a) the nature and gravity of the conduct; (b) the maximum penalty provided for the alleged contravention; (c) the benefits of the proposed undertaking and the public interest; (d) the interests of justice; (e) any other factor that the CEO considers relevant. (7) The CEO must give written notice to the person whether or not the person's undertaking is accepted. (8) An enforceable undertaking may require the holder of the petroleum interest to publish notice of the alleged contravention and any act or thing done, or to be done, by the holder of the petroleum interest. (9) The CEO must publish on the Agency's website, or in any other way determined to be appropriate by the CEO, notice of the decision to accept the enforceable undertaking and of the reasons for that decision. (10) The giving of an undertaking does not constitute an admission of guilt by the person giving it in relation to the alleged contravention or offence. 117ABN Enforcement orders (1) The CEO may apply to the Supreme Court for an order under subsection (2) if the CEO considers that a holder of a petroleum interest contravened an enforceable undertaking accepted by the CEO. Petroleum Act 1984 147 (2) The Supreme Court may make any of the following enforcement orders if the Court is satisfied that the holder of the petroleum interest has contravened an enforceable undertaking: (a) an order directing the holder of the petroleum interest to comply with the undertaking; (b) an order directing the holder of the petroleum interest to do any specified act or thing for the purpose of complying with the enforceable undertaking; (c) an order directing the holder of the petroleum interest to do any specified act or thing to minimise any harm or other impact resulting from the contravention of the enforceable undertaking; (d) an order that the holder of the petroleum interest pay an amount to the CEO for any costs or expenses reasonably incurred by the CEO in taking action to minimise any harm or other impact resulting from the contravention of the enforceable undertaking, including any investigation, legal or court costs; (e) an order that the holder of the petroleum interest pay an amount in compensation to any other person who has suffered loss or damage as a result of the contravention of the enforceable undertaking; (f) an order revoking the enforceable undertaking; (g) any other order the Court considers appropriate in the circumstances. 117ABP Power of CEO to take action (1) The CEO may do any act or thing specified in an enforcement order if the holder of the petroleum interest contravenes the order. (2) In doing a specified act or thing, the CEO may: (a) do anything that is necessary or expedient to be done for that purpose; and (b) publish notice that the holder of the petroleum interest has contravened the enforcement order. (3) The CEO may recover the reasonable costs and expenses incurred in doing a specified act or thing under this section from the holder of the petroleum interest in a court of competent jurisdiction as a debt due and payable to the Territory. Petroleum Act 1984 148 (4) The CEO may, in writing, authorise another person to exercise a power or perform a function under subsection (1) or (2) on the CEO's behalf. (5) If a person is authorised to exercise a power or perform a function under subsection (4), anything done by the person in the exercise of the power or the performance of the function has the same effect as if it had been done by the CEO. 117ABQ Variation or withdrawal of enforceable undertaking by interest holder (1) The holder of a petroleum interest may vary or withdraw an enforceable undertaking accepted by the CEO with the consent of the CEO. (2) Despite subsection (1), the provisions of an enforceable undertaking cannot be varied to provide for a different (3) An enforceable undertaking is revoked on the withdrawal of the undertaking. (4) The CEO must publish on the Agency's website, or in any other way determined to be appropriate by the CEO, notice of the decision to consent to the variation or withdrawal of an enforceable undertaking and of the reasons for that decision. 117ABR No criminal proceedings while enforceable undertaking in force (1) Subject to subsection (3), no proceedings for an alleged contravention of this Act may be commenced or continued against a person if an enforceable undertaking in relation to the contravention: (a) is in effect; or (b) is completely discharged. (2) After accepting an enforceable undertaking from a person, the CEO must take reasonable steps to have the prosecution against the person discontinued as soon as possible. (3) Proceedings may be instituted or resumed against a person who gave an enforceable undertaking in respect of the alleged contravention or offence if the undertaking is not complied with. Petroleum Act 1984 149 117ABS No further proceedings if enforceable undertaking complied with If the CEO is satisfied that an enforceable undertaking in relation to an alleged contravention of this Act has been complied with, a criminal proceeding for an offence that is constituted by the alleged contravention may not be commenced. 117ABT Application for civil orders The CEO may apply to the Local Court for a civil order under this Division if the CEO is satisfied that a person contravened a provision of this Act that is: (a) an offence of strict liability; or (b) an offence under Part V, Division 2 (not being an offence of strict liability) that is prescribed for this Division. 117ABU Time for making application An application under this Division may be commenced at any time within 3 years after the day of the alleged contravention. 117ABV CEO to have regard to certain matters In determining whether to make an application under this Division in relation to a contravention of a provision of this Act, the CEO must have regard to: (a) the seriousness of the contravention; and (b) the previous record of the offender in complying with this Act; and (c) any other relevant matter. 117ABW Notice of proposed application to Local Court (1) The CEO must not apply for a civil order unless the CEO serves on the person to whom the application relates a notice of the CEO's intention to make the application. (2) The notice must: Petroleum Act 1984 150 (b) specify the maximum amount that the person may be ordered to pay as a civil penalty; and (c) include a statement advising the person that the person may elect to be prosecuted for the relevant contravention by written notice given to the CEO within the time specified in the notice. (3) The time specified in the notice must not be less than 30 days. (4) The CEO must not apply for a civil order in relation to a contravention if the person serves a written notice on the CEO, within the time specified in the notice under subsection (2), electing to be prosecuted for the contravention. 117ABX Civil orders (1) On the application of the CEO, the Local Court may make the following orders against a person if the Local Court is satisfied on the balance of probabilities that the person contravened a provision of this Act that is an offence referred to in section 117ABT: (a) an order that the person pay to the Territory a pecuniary amount as a civil penalty; (b) an order mentioned in section 117ABZ; (c) any other order that the Court considers appropriate. (2) The amount of a civil penalty ordered under this section to be paid in relation to a contravention of a provision that is an offence must not exceed the amount specified by this Act as the maximum penalty for the offence. 117ABY Local Court to have regard to certain matters In determining the amount to be paid by a person as a civil penalty, the Local Court must have regard to: (a) the nature and extent of the contravention; and (b) any environmental harm resulting from the contravention; and (c) any financial or economic saving or benefit the person stood to gain by committing the contravention; and (d) whether the person has previously been found, in a proceeding under this Act, to have engaged in any similar conduct; and (e) any other matter the Court considers relevant. Petroleum Act 1984 151 117ABZ Civil orders under section 117ABX(1)(b) For section 117ABX(1)(b), any of the following orders may be made against a person: (a) an order that the person must take specified measures within a specified time: (i) to prevent the contravention occurring again; or (ii) to remediate any environmental harm resulting from the contravention including by rehabilitating any aspect of the environment; or (iii) to enhance the environment in an area for public benefit; (b) an order requiring the person to compensate the Territory for the costs of the CEO or the Environment CEO in taking any remedial or preventive action that was made necessary as a result of the act or omission that constituted the contravention; (c) an order directing the person to pay to the Territory an amount that the Local Court estimates will not exceed the financial or economic benefit that the person or a person associated with the person has gained or can reasonably be expected to gain as a result of the contravention; (d) an order directing the person to pay an amount in compensation to any person who has suffered loss or damage as a result of the contravention; (e) an order requiring the person to publicise the contravention and any impact of the contravention in a specified manner. 117ABZA Power to take remedial measures (1) If a person fails to take any measures specified by an order mentioned in section 117ABZ(a), the CEO may take those measures. (2) The CEO may recover the reasonable costs of taking any measures under subsection (1) from the person in a court of competent jurisdiction as a debt due and payable to the Territory. (3) The CEO may, in writing, authorise another person to exercise a power or perform a function under subsection (1) or (2) on the CEO's behalf. Petroleum Act 1984 152 (4) If a person is authorised to exercise a power or perform a function under subsection (3), anything done by the person in the exercise of the power or the performance of the function has the same effect as if it had been done by the CEO. 117ABZB Civil jurisdiction (1) The jurisdiction conferred by this Division is part of the civil jurisdiction of the Local Court. (2) The jurisdictional limit for a civil proceeding specified under section 12 of the Local Court Act 2015 does not apply to a proceeding under this Division. 117ABZC Contravention of 2 or more provisions If the conduct of a person constitutes a contravention of 2 or more provisions of this Act that are offences referred to in section 117ABT, an amount of civil penalty may be ordered to be paid by the person under this Division in relation to the contravention of any one or more of the provisions but the person is not liable to pay more than one amount as a civil penalty in relation to the same conduct. 117ABZD Stay of proceeding (1) This section applies to a proceeding for: (a) a civil order in relation to a contravention of this Act; or (b) enforcement of a civil order mentioned in paragraph (a). (2) The proceeding is stayed if a criminal proceeding is commenced or has already commenced against the person for an offence constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention. (3) The stayed proceeding may only be resumed if the criminal proceeding does not result in a finding of guilt being made against the person. Petroleum Act 1984 153 117ABZE Inadmissibility of evidence in criminal proceedings (1) Evidence of information given or evidence of the production of documents by a person is not admissible in a criminal proceeding against a person if: (a) the person gave the evidence or produced the documents in the course of a proceeding under this Division for the recovery of an amount as a civil penalty in relation to a contravention of (b) the conduct alleged to constitute the offence is substantially the same as the conduct alleged to constitute the (2) Subsection (1) does not prevent the use of information given or a document produced by a person to locate or identify further evidence that may be used in evidence against the person in a proceeding for an offence or the imposition of a penalty. (3) Subsection (1) does not apply to a criminal proceeding in relation to the provision of misleading information or documents. 117ABZF Orders as to costs In a proceeding under this Division, the Local Court may make any order as to costs that it considers just and reasonable, including an order requiring the reimbursement of the costs and expenses incurred by the CEO or the Environment CEO in investigating the alleged offence. 117ABZG Recovery of amounts ordered to be paid to Territory Any amount ordered by the Local Court under this Division to be paid to the Territory may be recovered by the Territory as a judgment debt. 117ABZH Civil proceedings not to affect compliance directions A proceeding for a civil order against a person does not affect any existing compliance direction issued to the person or the issue of a compliance direction to the person during or after the end of the proceeding. Petroleum Act 1984 154 117AD Object of Part The main objects of this Part are: (a) to maintain the use of the Australian Geodetic Datum to determine the position of blocks and certain other areas; and (b) to enable the position of a point, line, block or other area to be described in a petroleum interest or other instrument under this Act, using another datum (but not so as to change the position of a point, line, block or area). 117AE Definitions Australian Geodetic Datum means the Australian Geodetic Datum as defined in the Commonwealth Gazette No. 84 of changeover time means the time when a declaration under section 117AG takes effect. current datum means the datum declared to be the current datum under section 117AG. instrument under this Act: (a) includes a lease referred to in section 119(1); and (b) does not include the Regulations. previous datum means: (a) if a datum is the first datum declared to be the current datum under section 117AG – the Australian Geodetic Datum; or (b) in any other case – the datum that was the current datum immediately before the changeover time. this Act includes the Regulations. 117AF Australian Geodetic Datum (1) For the purposes of this Act, the position on the surface of the Earth of a graticular section or a block is to be determined by reference to the Australian Geodetic Datum. Petroleum Act 1984 155 (2) Subject to subsection (3), subsection (1) does not apply for the purposes of describing, in a petroleum interest or other instrument under this Act, the position on the surface of the Earth of a point, line or area. (3) Until a declaration under section 117AG takes effect, the Australian Geodetic Datum applies for the purposes of describing, in a petroleum interest or other instrument under this Act, the position on the surface of the Earth of a point, line or area. 117AG Current datum and previous datum The Regulations may declare that, for the purposes of describing the position on the surface of the Earth of a point, line or area in a petroleum interest or other instrument under this Act, a specified datum: (a) is the current datum; and (b) replaces the previous datum. 117AH Use of current datum For the purposes of this Act, the position on the surface of the Earth of: (a) an exploration permit area the subject of an exploration permit granted or renewed after the changeover time; (b) the licence area the subject of a licence granted or renewed after the changeover time; (c) an access authority area the subject of an access authority granted or renewed after the changeover time; or (d) a point, line or area set out in any other instrument made, granted or renewed under this Act after the changeover time, is to be described by reference to the current datum, and the exploration permit, licence, access authority or instrument may be annotated accordingly. 117AI Use of previous datum (1) This section applies subject to section 117AJ. Petroleum Act 1984 156 (2) For the purposes of this Act, the position on the surface of the Earth of: (a) an exploration permit area the subject of an exploration permit in force immediately before the changeover time; (b) a licence area the subject of a licence in force immediately before the changeover time; (c) an access authority area the subject of an access authority in force immediately before the changeover time; or (d) a point, line or area set out in any other instrument in force under this Act immediately before the changeover time, is to be described by reference to the previous datum. 117AJ Variation of petroleum interests etc. The Regulations may authorise the Minister to issue an instrument varying: (a) an exploration permit in force immediately before the changeover time for the sole purpose of relabelling the exploration permit area the subject of the exploration permit using geographic co-ordinates based on the current datum; (b) a licence in force immediately before the changeover time for the sole purpose of relabelling the licence area the subject of the licence using geographic co-ordinates based on the current datum; (c) an access authority in force immediately before the changeover time for the sole purpose of relabelling the access authority area the subject of the access authority using geographic co-ordinates based on the current datum; (d) any other instrument under this Act that: (i) is in force immediately before the changeover time; and (ii) sets out a point, line or area, for the sole purpose of relabelling the point, line or area using geographic co-ordinates based on the current datum; or (e) any other instrument under this Act for the sole purpose of inserting an annotation about the applicable datum. Petroleum Act 1984 157 117AK Variation of applications for petroleum interests The Regulations may authorise the Minister to issue an instrument varying an application for a petroleum interest under this Act for the sole purpose of relabelling a point, line or area by reference to geographic co-ordinates based on the current datum. 117AL No change to actual position of point, line or area This Part does not authorise any change to the position on the surface of the Earth of a point, line or area. 117AM Transitional Regulations The Regulations may make provision for matters of a transitional nature arising from the change from the previous datum to the current datum. 117AN Types of security There are 2 kinds of security for the purposes of this Part: (a) environmental securities; and (b) petroleum infrastructure decommissioning securities. 117AP Requirement for security (1) The Minister may determine the form of security required in a particular case after taking into account any direction of the Treasurer about acceptable or appropriate securities under this Part. Examples for subsection (1) A form of security might be: (a) a cash bond posted to the Territory Government and held in trust; or (b) a bank guarantee; or (c) a surety bond or insurance bond. (2) The Minister may require that more than one security be provided in a particular case. Petroleum Act 1984 158 (3) Unless otherwise determined by the Minister, a security does not extend to an activity or work that does not require approval under an environment management plan, well operations management plan or petroleum surface infrastructure plan. 117AQ General provisions (1) An environmental security is a form of security to secure costs and to contribute to the management of risks associated with the remediation and rehabilitation of environmental impacts resulting from activities to which an approved environment management plan relates. (2) Without limiting subsection (1), an environmental security may provide security for: (a) standardised costs to address specific costs, liabilities and risks associated with environmental impacts and risk of environmental harm resulting from activities to which an approved environment management plan relates, including costs for remediation and rehabilitation; and (b) standardised costs to manage residual risk of environmental harm, including monitoring, after remediation and rehabilitation has been undertaken; and (c) a contingency amount to reduce the risk that the value of the security is inadequate. (3) The actual amount or value to be included in or provided by a particular security will be determined by applying an approach or methodology determined by the Environment Minister and published on the Agency's website. (4) The Environment Minister may vary or substitute an approach or methodology from time to time. (5) A variation or substitution: (a) must be published on the Agency's website; and (b) may, if the Environment Minister so determines, apply in relation to one or more securities for an existing petroleum interest. Petroleum Act 1984 159 (6) An approach or methodology under this section must reflect: (a) the requirement that the cost of remediation and rehabilitation reflect market conditions; and (b) the circumstances of the Northern Territory petroleum industry. (7) The Environment Minister may adopt different approaches or methodologies for different kinds of petroleum interests. 117AR Assessment (1) The Environment Minister will determine the appropriate security or securities when the Environment Minister decides to approve an environment management plan. (2) An interest holder must not commence activities under an approved environment management plan without providing security in accordance with a determination of the Environment Minister under (3) The Environment Minister may allow an interest holder to provide an amount of security less than would otherwise apply if satisfied that the level of activity or stage in the performance of work does not require the full security. (4) The Environment Minister may act under subsection (3) on the condition that the amount of the security will be increased at a later time or times. 117AS Review (1) An environmental security must be reviewed: (a) if the approved environment management plan is revised; or (b) if required by the Environment Minister. (2) An interest holder must review the environmental security in accordance with any requirements specified by the Environment Minister by written notice to the interest holder. (3) The Environment Minister may require that a security be varied or substituted, or that a new security be provided, after the completion of a review. Division 3 Petroleum infrastructure decommissioning securities Petroleum Act 1984 160 117AT Release and extension (1) The Environment Minister may release an interest holder from an environmental security when satisfied that: (a) all environmental obligations to which the security relates are satisfied and that the interest holder satisfied all relevant regulatory requirements; or (b) it is appropriate to provide a release in the particular circumstances. (2) The Environment Minister may require that an environmental security extend beyond the period for which the approved environment management plan is in force to cover residual remediation or rehabilitation, provide for monitoring or address other relevant circumstances. 117AU Claim on security The Minister may, at the request of the Environment Minister, make a claim on an environmental security in accordance with the terms and conditions of the security. Division 3 Petroleum infrastructure decommissioning securities 117AV General provisions (1) A petroleum infrastructure decommissioning security is a form of security to secure costs and liabilities associated with: (a) well decommissioning to which an approved well operations management plan relates; and (b) decommissioning petroleum surface infrastructure to which an approved petroleum surface infrastructure plan relates; and (c) decommissioning appraisal production infrastructure. (2) Without limiting subsection (1), a petroleum infrastructure decommissioning security may provide security for: (a) standardised costs associated with well decommissioning; and (b) standardised costs associated with petroleum surface infrastructure decommissioning; and (c) standardised costs associated with appraisal production infrastructure decommissioning. Division 3 Petroleum infrastructure decommissioning securities Petroleum Act 1984 161 (3) The actual amount or value to be included in or provided by a particular security will be determined by applying an approach or methodology determined by the Minister and published on the Agency's website. (4) The Minister may vary or substitute an approach or methodology from time to time. (5) A variation or substitution: (a) must be published on the Agency's website; and (b) may, if the Minister so determines, apply in relation to one or more securities for an existing petroleum interest. (6) An approach or methodology under this section must reflect: (a) the requirement that the cost of decommissioning reflect market conditions; and (b) the circumstances of the Northern Territory petroleum industry. (7) The Minister may adopt different approaches or methodologies for different kinds of petroleum interests. 117AW Assessment (1) The Minister will determine the appropriate security or securities when the Minister decides to approve: (a) a well operations management plan or a petroleum surface infrastructure plan; or (b) the recovery of petroleum on an appraisal basis. (2) An interest holder must not commence activities under an approved well operations management plan or a petroleum surface infrastructure plan, or to recover petroleum on an appraisal basis, without providing security in accordance with a determination of the Minister under subsection (1). (3) The Minister may allow an interest holder to provide a reduced amount of security if satisfied that the interest holder's resources or reserves are large enough that a reduction is reasonable. Petroleum Act 1984 162 117AX Review (1) A petroleum infrastructure decommissioning security must be reviewed: (a) if an approved plan relevant to the security is revised; or (b) if there is a material change in an estimate of petroleum reserves in a relevant field management plan or other plan or report under this Act; or (c) if required by the Minister. (2) An interest holder must review the petroleum infrastructure decommissioning security in accordance with any requirements specified by the Minister by written notice to the interest holder. (3) The Minister may require that a security be varied or substituted, or that a new security be provided, after the completion of a review. 117AY Release and extension The Minister may release an interest holder from a petroleum infrastructure decommissioning security when satisfied: (a) that all obligations to which the security relates are satisfied and that the relevant decommissioning satisfied all relevant regulatory requirements; or (b) that it is appropriate to provide a release in the particular case. 117AZ Claim on security The Minister may make a claim on a petroleum infrastructure decommissioning security in accordance with the terms and conditions of the security. 117AZA Administration of securities (1) The Minister must hold all environmental securities and petroleum infrastructure decommissioning securities. (2) An environmental security must be administered by the Minister acting on the advice of the Environment Minister. (3) A petroleum infrastructure decommissioning security must be administered by the Minister. Petroleum Act 1984 163 (4) The Minister must establish a fund for the purpose of holding money under a bond or other security that requires the payment of cash. 117AZB Mandatory condition It is a condition of a petroleum interest that the interest holder must: (a) provide the security or securities required under this Part; and (b) not commence an activity or work without providing security in accordance with this Part; and (c) review a security as required under this Part; and (d) comply with any requirement of the Minister or the Environment Minister to vary or substitute a security, or to provide a new security, in accordance with this Part. 117AZC Action if interest holder in default (1) The CEO may do any act or thing for which a security under this Part was obtained if the relevant interest holder fails to do that act or thing. (2) The CEO may, in writing, authorise another person to act on the CEO's behalf under subsection (1). (3) If the CEO acts under subsection (1) and the security is insufficient to cover the CEO's reasonable costs and expenses, the CEO may recover from the interest holder the outstanding amount in a court of competent jurisdiction as a debt due and payable to the Territory. 117AZD Information about securities The CEO must publish on the Agency's website: (a) a list of all securities held under this Part with sufficient detail to allow members of the public to understand the securities held in relation to each petroleum interest; and (b) the total value of securities held from time to time for all petroleum interests. Petroleum Act 1984 164 117AZE Definition levy means the monitoring and compliance levy under this Part. 117AZF Monitoring and compliance levy (1) There is a monitoring and compliance levy. (2) The levy is imposed to provide funding for the following purposes: (a) monitoring activities to ensure that they are consistent with approvals, conditions attached to petroleum interests, plans approved under this Act, and other requirements under this Act; (b) compliance and enforcement activities undertaken by the CEO, the Environment CEO, public sector employees in an Agency involved in the administration of this Act, and inspectors; (c) recovering costs, or raising funds to cover future costs, connected with obtaining information, undertaking studies, making assessments and monitoring activities, outcomes and impacts associated with a petroleum interest or a proposed or potential petroleum interest, or in relation to an area that may be affected by a petroleum interest or a proposed or potential petroleum interest; (d) other activities relating to the administration of this Act (insofar as those activities are not funded by fees and charges collected under this Act). (3) The levy is an amount calculated and imposed in relation to activities specified by regulation and approved to be carried on under this Act during each financial year. (4) An additional levy may be imposed during a financial year if additional activities are approved during the financial year. (5) The levy is imposed from the beginning of the 2023/2024 financial year. (6) The levy is payable to the Territory. Petroleum Act 1984 165 (7) Any unpaid levy may be recovered as a debt due and payable to the Territory. 117AZG Liability for monitoring and compliance levy A person is liable to pay a levy if the person is in a class of persons specified by regulation to be liable to pay the levy. 117AZH Amount and imposition of levy (1) The amount of levy to be paid by a person must be determined in accordance with the regulations. (2) The regulations may deal with matters relevant to the determination, payment and collection of a levy. (3) The regulations may provide for the amount of a levy, and the method of calculating a levy, to be different in relation to different classes of actions, factors or circumstances. (4) The regulations may allow a particular matter under subsection (1), (2) or (3) about the scope or application of a particular component of the levy to be determined according to the discretion of the (5) A levy paid by a person is not refundable. (6) Interest accrues on unpaid levy in accordance with the regulations. 117AZJ Returns A person liable to pay a levy must provide a return, in the approved form, to the Minister at the time of the payment of the levy. 117AZK Definitions levy means the orphan well levy under this Part. orphan well, see section 117AZL. Petroleum Act 1984 166 117AZL Meaning of orphan well An orphan well is a well where: (a) the well is located on an area that has been subject to: (i) a petroleum interest granted under this Act; or (ii) a permit or lease granted under the repealed Act; or (iii) any other form of authority or title under a law applying in the Territory with respect to petroleum exploration, recovery or production; and (b) the authority or title under which the well was established has ceased to exist; and (c) the Territory has assumed responsibility for the monitoring, maintenance, management or rectification of the well. 117AZM Orphan well levy (1) There is an orphan well levy. (2) The levy is imposed to provide funding for the following purposes: (a) monitoring and assessing the integrity of orphan wells; (b) obtaining expert reports relating to the integrity of an orphan well; (c) performing, or engaging appropriately qualified persons to perform, maintenance work on orphan wells; (d) preparing remediation plans to rectify the loss of integrity of orphan wells; (e) carrying out work to rectify the loss of integrity of an orphan well; (f) undertaking well and infrastructure decommissioning; (g) undertaking other work and activities appropriate in connection with the orphan wells. (3) The levy is payable in relation to each financial year. (4) The levy is imposed from the beginning of the 2023/2024 financial year. (5) The levy is payable to the Minister. Petroleum Act 1984 167 (6) Any unpaid levy may be recovered as a debt due and payable to the Territory. 117AZN Liability for orphan well levy Each interest holder is liable to pay the orphan well levy. 117AZP Basis and calculation of levy (1) The levy for each financial year is calculated by reference to the number of blocks held by an interest holder at the beginning of the financial year. (2) The levy is imposed at the specified rate per block as at the beginning of the financial year. (3) The specified rate is: (a) 84 revenue units; or (b) a prescribed number of revenue units. 117AZQ Payment of levy (1) A levy must be paid by 31 July of the financial year to which the levy relates. (2) A levy paid by a person is not refundable. (3) Interest accrues on unpaid levy in accordance with the regulations. 117AZR Returns A person liable to pay a levy must provide a return, in the approved form, to the Minister at the time of the payment of the levy. 117AZS Payment into Fund The Minister must pay money received in payment of the orphan well levy into the Orphan Well Fund. 117AZT Establishment of Fund (1) The Orphan Well Fund must be established under the Financial Management Act 1995. (2) The regulations may deal with matters relevant to the Fund. (3) The purpose of the Fund is to hold money in trust to be used by the Minister for purposes for which the orphan well levy is imposed. Petroleum Act 1984 168 117AZU Publication of information The Minister must publish on the Agency's website, within 3 months after the end of each financial year, the following information: (a) the amount of orphan well levy collected for that financial year; (b) the opening and closing balances of the Orphan Well Fund for that financial year; (c) an outline of the work and activities funded from the Orphan Well Fund during that financial year. 117AZV Codes of practice (1) The Minister may establish a code of practice for the purposes of this Act and may vary or revoke a code of practice. (2) The Minister and the Environment Minister must consult with each other before establishing, varying or revoking a code of practice under subsection (1). (3) A code of practice may apply, adopt or incorporate any matter contained in a document formulated, issued or published by a person or body whether: (a) with or without modification; and (b) as in force at a particular time or from time to time. (4) A code of practice, or a variation or revocation of a code of practice, takes effect by Gazette notice. (5) The Minister must ensure that notice of a code of practice, or of a variation or revocation of a code of practice, is published in the Gazette and on the Agency's website. (6) The CEO must ensure that a copy of each of the following is available for inspection by members of the public without charge at the principal office of the Agency during normal business hours: (a) any code of practice currently in effect; (b) any document applied, adopted or incorporated (to any extent) in a code of practice. Petroleum Act 1984 169 117AZW Use of codes of practice in proceedings (1) This section applies in a proceeding for an offence against this Act. (2) A code of practice is admissible in the proceeding as evidence of whether or not a requirement under this Act was complied with. (3) Without limiting subsection (2), a court may have regard to the code of practice as evidence of what is known about: (a) maintaining well or infrastructure integrity; or (b) managing environmental impacts and risks; or (c) ensuring the security of supply. (4) Nothing in this section: (a) prevents a person from introducing evidence of compliance with this Act in a manner that is different from a code of practice but provides an outcome that satisfies the relevant requirement; or (b) limits the operation of a code of practice to the extent to which compliance with the code may be mandatory under another provision of this Act. 117AMA Licence etc. not personal property For section 8(1)(k) of the Personal Property Securities Act 2009 (Cth), each of the following is not personal property for that Act: (a) an access authority; (b) an exploration permit; (c) a retention licence; (d) a production licence; (e) an interest in an authority, permit or licence mentioned in paragraph (a), (b), (c) or (d). Note for section 117AMA A law of the Commonwealth, a State or a Territory may declare a right, licence or authority granted by or under that law not to be personal property for the Personal Property Securities Act 2009 (Cth). Petroleum Act 1984 170