2008-2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 (Resources and Energy) A Bill for an Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Schedule(s) ......................................................................................... 2 Schedule 1--Amendme nts 3 Part 1--Access authorities 3 Offshore Petroleum and Greenhouse Gas Storage Act 2006 3 Part 2--Locations 4 Offshore Petroleum and Greenhouse Gas Storage Act 2006 4 Part 3--Petroleum scientific investigation consents 7 Offshore Petroleum and Greenhouse Gas Storage Act 2006 7 Part 4--Occupational health and safety prosecutions 8 Offshore Petroleum and Greenhouse Gas Storage Act 2006 8 Part 5--Notification of discovery of petroleum 9 Offshore Petroleum and Greenhouse Gas Storage Act 2006 9 Part 6--Datum 11 Offshore Petroleum and Greenhouse Gas Storage Act 2006 11 Part 7--Pipeline safety management plan levy 16 Offshore Petroleum and Greenhouse Gas Storage Act 2006 16 Part 8--Consent to operate a pipeline 17 Offshore Petroleum and Greenhouse Gas Storage Act 2006 17 Part 9--Data management plans 18 Offshore Petroleum and Greenhouse Gas Storage Act 2006 18 Part 10--Occupational health and safety duties 19 Offshore Petroleum and Greenhouse Gas Storage Act 2006 19 Part 11--Maps 22 Offshore Petroleum and Greenhouse Gas Storage Act 2006 22 Part 12--Judicial review of administrative decisions 24 Administrative Decisions (Judicial Review) Act 1977 24 i Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 [Page Break] Offshore Petroleum and Greenhouse Gas Storage Act 2006 25 Part 14--Technical corrections 27 Offshore Petroleum and Greenhouse Gas Storage Act 2006 27 Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006 27 Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006 27 Offshore Petroleum (Royalty) Act 2006 27 Petroleum Resource Rent Tax Assessment Act 1987 28 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 ii [Page Break] 2 and Greenhouse Gas Storage Act 2006, and for other 3 purposes 4 The Parliament of Australia enacts: 5 1 Short title 6 This Act may be cited as the Offshore Petroleum and Greenhouse 7 Gas Storage Legislation Amendment Act 2009. 8 2 Commence ment 9 (1) Each provision of this Act specified in column 1 of the table 10 commences, or is taken to have commenced, in accordance with 11 column 2 of the table. Any other statement in column 2 has effect 12 according to its terms. 13 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1, The day after this Act receives the Royal Parts 1 to 6 Assent. 3. Schedule 1, 1 January 2010. 1 January 2010 Parts 7 and 8 4. Schedule 1, The day after this Act receives the Royal Parts 9 to 14 Assent. 1 Note: This table relates only to the provisions of this Act as originally 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. 12 2 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 [Page Break] Access authorities Part 1 1 2 Schedule 1--Amendments 3 Part 1--Access authorities 4 Offshore Petroleum and Greenhouse Gas Storage Act 2006 5 1 At the end of subsection 245(1) 6 Add: 7 ; and (d) the registered holder of the petroleum exploration permit, 8 petroleum retention lease, petroleum production licence or 9 petroleum special prospecting authority has not given written 10 consent to the grant of the petroleum access authority. 11 2 Application of amendment 12 The amendment made by this Part applies in relation to an application 13 for a petroleum access authority if the application was made after the 14 commencement of this item. 15 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 3 [Page Break] Part 2 Locations 1 2 Part 2--Locations 3 Offshore Petroleum and Greenhouse Gas Storage Act 2006 4 3 Section 95 5 Omit: 6 · If a petroleum pool is identified in a petroleum exploration 7 permit area, the Designated Authority may declare a location 8 over the blocks to which the petroleum pool extends. 9 substitute: 10 · If a petroleum pool is identified in a petroleum exploration 11 permit area, the Joint Authority may declare a location over 12 the blocks to which the petroleum pool extends. 13 4 Section 96 14 Omit: 15 · If a petroleum pool is identified in a petroleum exploration 16 permit area, the Designated Authority may declare a location 17 over the blocks to which the petroleum pool extends. 18 substitute: 19 · If a petroleum pool is identified in a petroleum exploration 20 permit area, the Joint Authority may declare a location over 21 the blocks to which the petroleum pool extends. 22 5 Section 128 23 Omit: 24 · If a petroleum pool is identified in a petroleum exploration 25 permit area, the Designated Authority may declare a location 26 over the blocks to which the petroleum pool extends. 4 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 [Page Break] Locations Part 2 1 substitute: 2 · If a petroleum pool is identified in a petroleum exploration 3 permit area, the Joint Authority may declare a location over 4 the blocks to which the petroleum pool extends. 5 6 Section 128 6 Omit: 7 · The Designated Authority may require the permittee to 8 nominate the blocks. 9 substitute: 10 · The Joint Authority may require the permittee to nominate the 11 blocks. 12 7 Paragraph 129(5)(b) 13 Omit "Designated Authority", substitute "Joint Authority". 14 8 Subsections 130(1), (2) and (3) 15 Omit "Designated Authority" (wherever occurring), substitute "Joint 16 Authority". 17 9 Subsections 131(1), (3) and (4) 18 Omit "Designated Authority" (wherever occurring), substitute "Joint 19 Authority". 20 Note: The heading to subsection 131(4) is altered by omitting "Designated Authority" and 21 substituting "Joint Authority". 22 10 Subsections 132(1), (3), (6), (7) and (8) 23 Omit "Designated Authority" (wherever occurring), substitute "Joint 24 Authority". 25 11 Subsections 133(1), (3) and (5) 26 Omit "Designated Authority" (wherever occurring), substitute "Joint 27 Authority". Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 5 [Page Break] Part 2 Locations 1 12 Transitional--decisions of Designated Authority etc. 2 (1) This item applies to an act or thing that was done before the 3 commencement of this item: 4 (a) by, or in relation to, the Designated Authority for an offshore 5 area; and 6 (b) under, or for the purposes of, a provision of Division 6 of 7 Part 2.2 of the Offshore Petroleum and Greenhouse Gas 8 Storage Act 2006. 9 Note: See also clauses 4 and 5 of Schedule 6 to the Offshore Petroleum and 10 Greenhouse Gas Storage Act 2006. 11 (2) The act or thing has effect, after the commencement of this item, as if it 12 had been done: 13 (a) by, or in relation to, the Joint Authority for the offshore area; 14 and 15 (b) under, or for the purposes of, the corresponding provision of 16 that Act as amended by this Part. 17 6 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 [Page Break] Petroleu m scientific investigation consents Part 3 1 2 Part 3--Petroleum scientific investigation consents 3 Offshore Petroleum and Greenhouse Gas Storage Act 2006 4 13 Subsection 253(1) 5 Omit "Designated Authority" (wherever occurring), substitute "Joint 6 Authority". 7 14 Subsection 254(1) 8 Omit "Designated Authority", substitute "Joint Authority". 9 15 Transitional--decisions of Designated Authority 10 (1) This item applies to an act or thing that was done before the 11 commencement of this item: 12 (a) by the Designated Authority for an offshore area; and 13 (b) under subsection 253(1) or 254(1) of the Offshore Petroleum 14 and Greenhouse Gas Storage Act 2006. 15 (2) The act or thing has effect, after the commencement of this item, as if it 16 had been done: 17 (a) by the Joint Authority for the offshore area; and 18 (b) under the corresponding provision of that Act as amended by 19 this Part. 20 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 7 [Page Break] Part 4 Occupational health and safety prosecutions 1 2 Part 4--Occupational health and safety prosecutions 3 Offshore Petroleum and Greenhouse Gas Storage Act 2006 4 16 At the end of clause 41 of Schedule 6 5 Add: 6 ; and (c) regulations set out in or prescribed for the purposes of 7 subsection 140H(2) of the repealed Petroleum (Submerged 8 Lands) Act 1967, to the extent that those regulations were in 9 force before the commencement of this clause. 10 8 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 [Page Break] Notification of d iscovery of petroleum Part 5 1 2 Part 5--Notification of discovery of petroleum 3 Offshore Petroleum and Greenhouse Gas Storage Act 2006 4 17 Subsection 284(1) 5 Omit "or a petroleum retention lease area", substitute ", a petroleum 6 retention lease area or a petroleum production licence area". 7 Note: The heading to section 284 is altered by omitting "or petroleum retention lease area" 8 and substituting ", petroleum retention lease area or petroleum production licence 9 area". 10 18 Subsections 284(2) and (3) 11 Repeal the subsections, substitute: 12 Notification 13 (2) The permittee, lessee or licensee must inform the Designated 14 Authority of the discovery before the end of the 30-day period that 15 began on the day of completion of the well that resulted in the 16 discovery. 17 19 Subsection 284(4) 18 Omit "Subsections (2) and (3) do", substitute "Subsection (2) does". 19 20 Paragraph 284(5)(a) 20 Omit "or (3)". 21 21 Subsections 452(2) and (3) 22 Repeal the subsections, substitute: 23 Notification 24 (2) The permittee, lessee or licensee must inform the responsible 25 Commonwealth Minister of the discovery before the end of the 26 30-day period that began on the day of completion of the well that 27 resulted in the discovery. 28 22 Subsection 452(4) 29 Omit "Subsections (2) and (3) do", substitute "Subsection (2) does". Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 9 [Page Break] Part 5 Not ification of discovery of petroleu m 1 23 Paragraph 452(5)(a) 2 Omit "or (3)". 3 10 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 [Page Break] Datum Part 6 1 2 Part 6--Datum 3 Offshore Petroleum and Greenhouse Gas Storage Act 2006 4 24 Section 42 (table item 8) 5 Repeal the item, substitute: 6 8 a greenhouse gas assessment permit the permit area of a greenhouse gas assessment permit granted after the changeover time 9 a greenhouse gas holding lease the lease area of a greenhouse gas holding lease granted after the changeover time 10 a greenhouse gas injection licence the licence area of a greenhouse gas injection licence granted after the changeover time 11 a greenhouse gas search authority the authority area of a greenhouse gas search authority granted after the changeover time 12 a greenhouse gas special authority the authority area of a greenhouse gas special authority granted after the changeover time 13 any other instrument under this Act a point, line or area set out in any other instrument made under this Act made after the changeover time 7 25 Section 42 (note) 8 After "Note", insert "1". 9 26 At the end of section 42 (after the note) 10 Add: 11 Note 2: A grant of a greenhouse gas holding lease may be a grant by way of 12 renewal--see section 11. 13 27 Subsection 43(1) (table item 8) 14 Repeal the item, substitute: 15 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 11 [Page Break] Part 6 Datu m 8 a greenhouse gas assessment permit the permit area of a greenhouse gas assessment permit that was in force immed iately before the changeover time 9 a greenhouse gas holding lease the lease area of a greenhouse gas holding lease that was in force immed iately before the changeover time 10 a greenhouse gas injection licence the licence area of a greenhouse gas injection licence that was in force immed iately before the changeover time 11 a greenhouse gas search authority the authority area of a greenhouse gas search authority that was in force immediately before the changeover time 12 a greenhouse gas special authority the authority area of a greenhouse gas special authority that was in force immediately before the changeover time 13 any other instrument under this Act a point, line or area set out in any other instrument under this Act that was in force immediately before the changeover time 1 28 Sections 44 and 45 2 Repeal the sections, substitute: 3 44 Variation of titles and instruments 4 Petroleum titles and instruments 5 (1) The table has effect: 6 Vari ation of titles and instruments Item The Designated Authori ty may for the sole purpose of... issue an instrument varyi ng... 1 a petroleum exp loration permit that relabelling the permit area using was in force immediately before the geographic coordinates based on the changeover time current datum. 12 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 [Page Break] Datum Part 6 Vari ation of titles and instruments Item The Designated Authori ty may for the sole purpose of... issue an instrument varyi ng... 2 a petroleum retention lease that was relabelling the lease area using in force immediately befo re the geographic coordinates based on the changeover time current datum. 3 a petroleum production licence that relabelling the licence area using was in force immediately before the geographic coordinates based on the changeover time current datum. 4 an infrastructure licence that was in relabelling the licence area using force immediately before the geographic coordinates based on the changeover time current datum. 5 a petroleum special prospecting relabelling the authority area using authority or a petroleum access geographic coordinates based on the authority that was in force current datum. immed iately before the changeover time 6 a pipeline licence that was in force relabelling the route of the pipeline immed iately before the changeover using geographic coordinates based time on the current datum. 7 any other instrument under this Act relabelling the point, line or area that: using geographic coordinates based (a) sets out a point, line or area; and on the current datum. (b) was in force immediately befo re the changeover time 8 a petroleum title or other ins trument inserting an annotation about the under this Act applicable datum. 1 Note: For publication in the Gazette of notice of the variation, see 2 section 708. 3 Greenhouse gas titles and instruments 4 (2) The table has effect: 5 Vari ation of titles and instrume nts Item The responsible Commonwealth for the sole purpose of... Mi nister may issue an instrument varying... 1 a greenhouse gas assessment permit relabelling the permit area using that was in force immed iately before geographic coordinates based on the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 13 [Page Break] Part 6 Datu m Vari ation of titles and instrume nts Item The responsible Commonwealth for the sole purpose of... Mi nister may issue an instrument varying... the changeover time current datum. 2 a greenhouse gas holding lease that relabelling the lease area using was in force immediately before the geographic coordinates based on the changeover time current datum. 3 a greenhouse gas injection licence relabelling the licence area using that was in force immed iately before geographic coordinates based on the the changeover time current datum. 4 a greenhouse gas search authority relabelling the authority area using that was in force immed iately before geographic coordinates based on the the changeover time current datum. 5 a greenhouse gas special authority relabelling the authority area using that was in force immed iately before geographic coordinates based on the the changeover time current datum. 6 any other instrument under this Act relabelling the point, line or area that: using geographic coordinates based (a) sets out a point, line or area; and on the current datum. (b) was in force immediately befo re the changeover time 7 a greenhouse gas title or other inserting an annotation about the instrument under this Act applicable datum. 1 Note: For publication in the Gazette of notice of the variation, see 2 section 708. 3 45 Variation of applications for titles 4 Petroleum titles 5 (1) The Designated Authority may issue an instrument varying an 6 application for a petroleum title for the sole purpose of relabelling 7 a point, line or area by reference to geographic coordinates based 8 on the current datum. 9 Greenhouse gas titles 10 (2) The responsible Commonwealth Minister may issue an instrument 11 varying an application for a greenhouse gas title for the sole 14 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 [Page Break] Datum Part 6 1 purpose of relabelling a point, line or area by reference to 2 geographic coordinates based on the current datum. 3 29 At the end of Part 4.2 4 Add: 5 471A Notation in Register--applicable datum 6 The Designated Authority may make a notation in the Register 7 about the applicable datum for a title, petroleum special 8 prospecting authority, notice or instrument. 9 30 At the end of Part 5.2 10 Add: 11 523A Notation in Register--applicable datum 12 The responsible Commonwealth Minister may make a notation in 13 the Register about the applicable datum for a title, greenhouse gas 14 search authority, notice or instrument. 15 31 Transitional--pre-commencement variations 16 The amendments made by this Part do not affect the validity of a 17 variation made before the commencement of this item. 18 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 15 [Page Break] Part 7 Pipeline safety management plan levy 1 2 Part 7--Pipeline safety management plan levy 3 Offshore Petroleum and Greenhouse Gas Storage Act 2006 4 32 Paragraph 683(d) 5 Repeal the paragraph. 6 33 Section 688 7 Repeal the section. 8 34 Application of amendments 9 Despite the amendments made by this Part, paragraph 683(d) and 10 section 688 of the Offshore Petroleum and Greenhouse Gas Storage Act 11 2006 continue to apply, after the commencement of this item, in relation 12 to: 13 (a) pipeline safety management plan levy imposed by repealed 14 Part 4 of the Offshore Petroleum and Greenhouse Gas 15 Storage (Safety Levies) Act 2003; and 16 (b) late payment penalty in relation to pipeline safety 17 management plan levy covered by paragraph (a); 18 as if those amendments has not been made. 19 16 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 [Page Break] Consent to operate a pipeline Part 8 1 2 Part 8--Consent to operate a pipeline 3 Offshore Petroleum and Greenhouse Gas Storage Act 2006 4 35 Subsections 210(3), (4), (5) and (6) 5 Repeal the subsections. 6 36 Subsections 210(7) and (8) 7 Omit "Subsections (1), (3) and (5) do not apply", substitute 8 "Subsection (1) does not apply". 9 37 Subsection 210(9) 10 Repeal the subsection. 11 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 17 [Page Break] Part 9 Data management plans 1 2 Part 9--Data management plans 3 Offshore Petroleum and Greenhouse Gas Storage Act 2006 4 38 Subsections 698(2), (3) and (4) 5 Repeal the subsections. 6 39 Subsections 724(2), (3) and (4) 7 Repeal the subsections. 8 40 Transitional--data management plans 9 (1) This item applies to a data management plan if, immediately before the 10 commencement of this item, the plan was in force under regulations 11 made for the purposes of subsection 698(2) of the Offshore Petroleum 12 and Greenhouse Gas Storage Act 2006. 13 (2) Despite the repeal of subsection 698(2) of the Offshore Petroleum and 14 Greenhouse Gas Storage Act 2006 by this Act: 15 (a) the plan continues to have effect; and 16 (b) the regulations, to the extent that they relate to: 17 (i) the contents of the plan; or 18 (ii) the variation of the plan; or 19 (iii) the duration of the plan; or 20 (iv) compliance with the plan; 21 continue to apply in relation to the plan; 22 as if the repeal had not happened. 23 18 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 [Page Break] Occupational health and safety duties Part 10 1 2 Part 10--Occupational health and safety duties 3 Offshore Petroleum and Greenhouse Gas Storage Act 2006 4 41 After subclause 9(4) of Schedule 3 5 Insert: 6 (4A) Absolute liability applies to paragraph (4)(a). 7 Note: For absolute liability, see section 6.2 of the Criminal Code. 8 (4B) The fault element for paragraphs (4)(b) and (c) is negligence. 9 42 Subclause 10(4) of Schedule 3 (penalty) 10 Omit "for contravention of this subclause". 11 43 At the end of clause 10 of Schedule 3 12 Add: 13 (5) Absolute liability applies to paragraph (4)(a). 14 Note: For absolute liability, see section 6.2 of the Criminal Code. 15 (6) The fault element for paragraphs (4)(b) and (c) is negligence. 16 44 After subclause 11(5) of Schedule 3 17 Insert: 18 (5A) Absolute liability applies to paragraph (5)(a). 19 Note: For absolute liability, see section 6.2 of the Criminal Code. 20 (5B) The fault element for paragraphs (5)(b) and (c) is negligence. 21 45 After subclause 12(3) of Schedule 3 22 Insert: 23 (3A) Absolute liability applies to paragraph (3)(a). 24 Note: For absolute liability, see section 6.2 of the Criminal Code. 25 (3B) The fault element for paragraphs (3)(b) and (c) is negligence. 26 46 After subclause 13(2) of Schedule 3 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 19 [Page Break] Part 10 Occupational health and safety duties 1 Insert: 2 (2A) Absolute liability applies to paragraph (2)(a). 3 Note: For absolute liability, see section 6.2 of the Criminal Code. 4 (2B) The fault element for paragraphs (2)(b) and (c) is negligence. 5 47 After clause 13 of Schedule 3 6 Insert: 7 13A Duties of titleholde rs in relation to the design of facilities 8 Duties of petroleum titleholder 9 (1) If a proposed facility is for use in connection with operations 10 authorised by: 11 (a) a petroleum exploration permit; or 12 (b) a petroleum retention lease; or 13 (c) a petroleum production licence; or 14 (d) an infrastructure licence; or 15 (e) a pipeline licence; 16 the permittee, lessee or licensee must take all reasonably 17 practicable steps to ensure that the facility is so designed as to be, 18 when properly used, safe and without risk to health. 19 Greenhouse gas titleholder 20 (2) If a proposed facility is for use in connection with operations 21 authorised by: 22 (a) a greenhouse gas assessment permit; or 23 (b) a greenhouse gas holding lease; or 24 (c) a greenhouse gas injection licence; 25 the permittee, lessee or licensee must take all reasonably 26 practicable steps to ensure that the facility is so designed as to be, 27 when properly used, safe and without risk to health. 28 Offence 29 (3) A person commits an offence if: 30 (a) the person is subject to a requirement under subclause (1) or 31 (2); and 20 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 [Page Break] Occupational health and safety duties Part 10 1 (b) the person omits to do an act; and 2 (c) the omission breaches the requirement. 3 Penalty: 200 penalty units. 4 (4) Absolute liability applies to paragraph (3)(a). 5 Note: For absolute liability, see section 6.2 of the Criminal Code. 6 (5) The fault element for paragraphs (3)(b) and (c) is negligence. 7 48 After subclause 14(2) of Schedule 3 8 Insert: 9 (2A) Absolute liability applies to paragraph (2)(a). 10 Note: For absolute liability, see section 6.2 of the Criminal Code. 11 (2B) The fault element for paragraphs (2)(b) and (c) is negligence. 12 49 After subclause 15(2) of Schedule 3 13 Insert: 14 (2A) Absolute liability applies to paragraph (2)(a). 15 Note: For absolute liability, see section 6.2 of the Criminal Code. 16 (2B) The fault element for paragraphs (2)(b) and (c) is negligence. 17 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 21 [Page Break] Part 11 Maps 1 2 Part 11--Maps 3 Offshore Petroleum and Greenhouse Gas Storage Act 2006 4 50 Subsection 6(3) (map) 5 Repeal the map, substitute: 6 7 8 51 Subsection 6(4) (map) 22 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 [Page Break] Maps Part 11 1 Repeal the map, substitute: 2 3 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 23 [Page Break] Part 12 Judicial review of ad ministrative decisions 1 2 Part 12--Judicial review of administrative decisions 3 Administrative Decisions (Judicial Review) Act 1977 4 52 After paragraph 2(h) of Schedule 3 5 Insert: 6 (ha) the Petroleum (Submerged Lands) Act 1982 of Western 7 Australia; 8 24 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 [Page Break] Greenhouse gas storage Part 13 1 2 Part 13--Greenhouse gas storage 3 Offshore Petroleum and Greenhouse Gas Storage Act 2006 4 53 After subsection 21(7) 5 Insert: 6 (7A) In making an estimate under paragraph (6)(e) or (7)(f), disregard 7 subsection 388(8). 8 54 Paragraph 297(1)(b) 9 Omit "greenhouse gas holding lease over the block", substitute 10 "greenhouse gas holding lease, or a greenhouse gas injection licence, 11 over the block". 12 55 Paragraph 297(3)(b) 13 Omit "day", substitute "day before the day". 14 56 Paragraph 297(3)(d) 15 After "lessee", insert "or licensee". 16 57 Paragraph 304(1)(b) 17 Omit "greenhouse gas holding lease or a greenhouse gas injection 18 licence over the block", substitute "greenhouse gas holding lease, or a 19 greenhouse gas injection licence, over the block". 20 58 Paragraph 304(3)(b) 21 Omit "day", substitute "day before the day". 22 59 Paragraph 304(3)(d) 23 After "lessee", insert "or licensee". 24 60 Subsection 358(8) 25 After "a petroleum production licence", insert "on the basis that the 26 responsible Commonwealth Minister is satisfied of the matter set out in 27 subparagraph 370(c)(i)". 28 61 After subsection 358(8) Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 25 [Page Break] Part 13 Greenhouse gas storage 1 Insert: 2 (8A) If a greenhouse gas injection licence is granted under section 372 3 to the registered holder of a petroleum production licence on the 4 basis that the responsible Commonwealth Minister is satisfied of 5 the matter set out in subparagraph 370(c)(ii), the specified origin or 6 origins of some or all of the greenhouse gas substance must be 7 situated in: 8 (a) the licence area of a petroleum production licence; or 9 (b) the licence areas of petroleum production licences. 10 62 After subsection 374(4) 11 Insert: 12 (4A) If: 13 (a) the licence was granted under section 372 to the registered 14 holder of a petroleum production licence on the basis that the 15 responsible Commonwealth Minister was satisfied of the 16 matter set out in subparagraph 370(c)(i); and 17 (b) the responsible Commonwealth Minister is satisfied that it is 18 in the public interest to do so; 19 the responsible Commonwealth Minister may exercise the power 20 of variation conferred by subsection (3) as if the licence had been 21 granted on the basis that the responsible Commonwealth Minister 22 had been satisfied of the matter set out in subparagraph 370(c)(ii). 23 26 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 [Page Break] Technical correct ions Part 14 1 2 Part 14--Technical corrections 3 Offshore Petroleum and Greenhouse Gas Storage Act 2006 4 63 Subsections 222(2) and (5) 5 Omit "gave", substitute "give". 6 Note 1: The heading to subsection 132(1) is altered by omitting "an exploration permittee" and 7 substituting "a petroleum exploration permittee". 8 Note 2: The heading to section 297 is altered by omitting "Retention lessee or production 9 licensee" and substituting "Petroleum retention lessee or petroleum production 10 licensee". 11 Note 3: The heading to section 304 is altered by omitting "Retention lessee or production 12 licensee" and substituting "Petroleum retention lessee or petroleum production 13 licensee". 14 Note 4: The heading to section 346 is altered by omitting "Retention lease" and substituting 15 "Petroleum retention lease". 16 64 Subclauses 36(2) and (4) of Schedule 6 17 Omit "Subsection", substitute "Subclause". 18 Offshore Petroleum and Greenhouse Gas Storage (Annual 19 Fees) Act 2006 20 65 Section 3 (note) 21 Omit "section 6", substitute "section 7". 22 Offshore Petroleum and Greenhouse Gas Storage 23 (Registration Fees) Act 2006 24 66 Section 3 (note) 25 Omit "section 6", substitute "section 7". 26 Offshore Petroleum (Royalty) Act 2006 27 67 Section 3 (note) 28 Omit "section 6", substitute "section 7". Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009 27 [Page Break] Part 14 Technical corrections 1 Petroleum Resource Rent Tax Assessment Act 1987 2 68 Section 2 (definition of infrastructure licence) 3 Omit "section 6", substitute "section 7". 28 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. , 2009