Offshore Petroleum and Greenhouse Gas Storage Act 2006

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

petroleum exploration and recovery; and

the injection and storage of greenhouse gas substances;

exploration for petroleum;

recovery of petroleum;

construction and operation of infrastructure facilities relating to petroleum or greenhouse gas substances;

construction and operation of pipelines for conveying petroleum or greenhouse gas substances;

exploration for potential greenhouse gas storage formations;

injection and storage of greenhouse gas substances.

starts 3 nautical miles from the baseline from which the breadth of the territorial sea is measured; and

extends seaward to the outer limits of the continental shelf.

a petroleum exploration permit (see Part 2.2);

a petroleum retention lease (see Part 2.3);

a petroleum production licence (see Part 2.4);

an infrastructure licence (see Part 2.5);

a pipeline licence (see Part 2.6);

a petroleum special prospecting authority (see Part 2.7);

a petroleum access authority (see Part 2.8);

a greenhouse gas assessment permit (see Part 3.2);

a greenhouse gas holding lease (see Part 3.3);

a greenhouse gas injection licence (see Part 3.4);

a greenhouse gas search authority (see Part 3.5);

a greenhouse gas special authority (see Part 3.6).

occupational health and safety provisions; and

structural integrity provisions; and

environmental management provisions.

assisting and advising the Joint Authority and the responsible Commonwealth Minister; and

keeping registers of titles; and

data and information management.

Generally, the baseline is the line of lowest astronomical tide along the coast, but it also encompasses straight lines across bays (bay closing lines), rivers (river closing lines) and between islands, as well as along heavily indented areas of coastline (straight baselines) under certain circumstances.

This section explains the agreement known as the Offshore Constitutional Settlement, to the extent to which that agreement relates to exploring for, and exploiting, petroleum.

The Commonwealth, the States and the Northern Territory have agreed that:

Commonwealth offshore petroleum legislation should be limited to the area that is outside the coastal waters of the States and the Northern Territory; and

for this purpose, the outer limits of State and Northern Territory coastal waters should start 3 nautical miles from the baseline of the territorial sea; and

the States and the Northern Territory should share, in the manner provided by this Act, in the administration of the Commonwealth offshore petroleum legislation; and

State and Northern Territory offshore petroleum legislation should apply to State and Northern Territory coastal waters; and

the Commonwealth, the States and the Northern Territory should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling the exploration for, and exploitation of, offshore petroleum beyond the baseline of Australia’s territorial sea.

The table summarises other Acts that provide background to the Offshore Constitutional Settlement:

For the purposes of this Act, the table has effect:

The offshore area of a State or Territory corresponds to the adjacent area under the repealed Petroleum (Submerged Lands) Act 1967.

For the purposes of this section, the Coral Sea area is so much of the area to the east of the area described in paragraph (a) of item 2 of the table in subsection (1) as comprises waters of the sea that are within the outer limits of the continental shelf, other than any part of that area that is:

to the south of the parallel of Latitude 25°S; or

on the landward side of the coastline of any island at mean low water.

For datum, see section 40.

This Act has effect in relation to so much of the offshore area of the Territory of Ashmore and Cartier Islands as consists of land as if that land were:

beneath the sea; and

part of the seabed and subsoil of that offshore area.

For the purposes of:

an item in the table in subsection (1); and

subsection (2);

The provisions of this Act listed in subsection (2), and regulations or other instruments made for the purposes of those provisions, apply in relation to each of the following areas as if it were an offshore area:

the Bayu‑Undan pipeline international offshore area (which is described in Schedule 8);

the Greater Sunrise pipeline international offshore area (if it is declared under section 780P).

The provisions are as follows:

the following definitions in section 7:

definition of Joint Authority;

definition of petroleum pipeline;

definition of secondary line;

section 9;

section 16;

section 30;

subsection 56(1);

Division 1 of Part 2.6;

subsection 221(5) so far as it refers to construction in an offshore area of a petroleum pipeline but not so far as it refers to petroleum recovered from a place beyond the outer limits of any offshore area;

Division 3 of Part 2.6;

Division 1 of Part 2.12;

section 280;

Parts 4.1 and 4.2;

Parts 6.1, 6.1A and 6.2;

Division 1 of Part 6.4;

Divisions 1, 4, 5 and 6 of Part 6.5;

Divisions 1 and 2 of Part 6.6;

section 695R;

Part 7.1;

section 778;

subsection 780A(5);

items 12 and 13 of the table in subsection 782(1).

Although the Greater Sunrise pipeline international offshore area is treated as an offshore area for the purposes of only one of the references to offshore area in Division 2 (Obtaining a pipeline licence) of Part 2.6 (see paragraph (g) of this subsection), that does not prevent an application for, or the grant of, a pipeline licence for a petroleum pipeline in the Greater Sunrise pipeline international offshore area.

Paragraphs 227(6)(d) and 506(1)(f) apply as if:

the Bayu‑Undan pipeline international offshore area were an offshore area relating to Western Australia; and

the Greater Sunrise pipeline international offshore area were an offshore area relating to the Northern Territory.

Despite subsection 217(1), a person cannot apply for the grant of a pipeline licence authorising construction of a pipeline in the Bayu‑Undan pipeline international offshore area.

On the commencement of this section, a pipeline licence is automatically granted authorising the pipeline that existed in the Bayu‑Undan pipeline international offshore area immediately before that commencement: see Schedule 1 to the Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019.

Subsections 223(2) and (3) apply to an application for a pipeline licence relating to the construction of a petroleum pipeline in the Greater Sunrise pipeline international offshore area as if:

references in paragraphs 223(2)(a) and (3)(a) to a petroleum production licence area were references to the Greater Sunrise special regime area; and

references in paragraphs 223(2)(b) and (3)(b) to the petroleum production licensee were references to a person covered by the definition of Greater Sunrise Contractor in paragraph 1(i) of Article 1 of the Timor Sea Maritime Boundaries Treaty; and

the reference in subparagraph 223(2)(c)(i) to the petroleum production licence were a reference to the Greater Sunrise Production Sharing Contract within the meaning of that treaty.

Item 5 of the table in subsection 262(1) applies in relation to a pipeline licence relating to the construction of a petroleum pipeline in the Greater Sunrise pipeline international offshore area as if the references to a petroleum production licensee and the licensee were a reference to a person who:

applied for the pipeline licence; and

is a person covered by the definition of Greater Sunrise Contractor in paragraph 1(i) of Article 1 of the Timor Sea Maritime Boundaries Treaty.

the space above or below an offshore area is taken to be in that area; and

the space above or below an area that is part of an offshore area is taken to be in that part.

For the purposes of this Act, the table has effect:

For the purposes of this Act, the table has effect:

For the purposes of this Act, the table has effect:

If:

a petroleum exploration permit has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and

as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:

ceases to be within the offshore area of the State or Territory; and

falls within the coastal waters of the State or Territory; and

immediately before the change, the relevant area was a part of the permit area;

the permit had been varied to exclude from the permit area any area that is not within the offshore area of the State or Territory; and

the variation had taken effect immediately after the change.

This means that an application for renewal of the permit may be made, and the permit may be renewed, as if the permit had been so varied.

For the purposes of subsection (1A):

disregard section 283; and

it is immaterial whether the change occurred before, at or after the commencement of this subsection.

If:

a petroleum retention lease has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and

as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:

ceases to be within the offshore area of the State or Territory; and

falls within the coastal waters of the State or Territory; and

immediately before the change, the relevant area was a part of the lease area;

the lease had been varied to exclude from the lease area any area that is not within the offshore area of the State or Territory; and

the variation had taken effect immediately after the change.

This means that an application for renewal of the lease may be made, and the lease may be renewed, as if the lease had been so varied.

For the purposes of subsection (1C):

disregard section 283; and

it is immaterial whether the change occurred before, at or after the commencement of this subsection.

If:

a petroleum production licence has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and

as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:

ceases to be within the offshore area of the State or Territory; and

falls within the coastal waters of the State or Territory; and

immediately before the change, the relevant area was a part of the licence area;

the licence had been varied to exclude from the licence area any area that is not within the offshore area of the State or Territory; and

the variation had taken effect immediately after the change.

This means that an application for renewal of the licence may be made, and the licence may be renewed, as if the licence had been so varied.

For the purposes of subsection (1E):

disregard section 283; and

it is immaterial whether the change occurred before, at or after the commencement of this subsection.

For the purposes of this Act, the table has effect:

If:

a greenhouse gas assessment permit has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and

as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:

ceases to be within the offshore area of the State or Territory; and

falls within the coastal waters of the State or Territory; and

immediately before the change, the relevant area was a part of the permit area;

the permit had been varied to exclude from the permit area any area that is not within the offshore area of the State or Territory; and

the variation had taken effect immediately after the change.

This means that an application for renewal of the permit may be made, and the permit may be renewed, as if the permit had been so varied.

For the purposes of subsection (3):

disregard section 463; and

it is immaterial whether the change occurred before, at or after the commencement of this subsection.

If:

a greenhouse gas holding lease has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and

as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:

ceases to be within the offshore area of the State or Territory; and

falls within the coastal waters of the State or Territory; and

immediately before the change, the relevant area was a part of the lease area;

the lease had been varied to exclude from the lease area any area that is not within the offshore area of the State or Territory; and

the variation had taken effect immediately after the change.

This means that an application for renewal of the lease may be made, and the lease may be renewed, as if the lease had been so varied.

For the purposes of subsection (5):

disregard section 463; and

it is immaterial whether the change occurred before, at or after the commencement of this subsection.

If a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence, pipeline licence, petroleum special prospecting authority or petroleum access authority is varied, a reference in this Act to the permit, lease, licence or authority is a reference to the permit, lease, licence or authority as varied.

If:

a greenhouse gas assessment permit; or

a greenhouse gas holding lease; or

a greenhouse gas injection licence; or

a greenhouse gas search authority; or

a greenhouse gas special authority;

This section applies if a greenhouse gas holding lease (the greenhouse gas lease) is granted under section 345 to the registered holder of a petroleum retention lease (the petroleum lease).

For the purposes of this Act, each of the following:

the greenhouse gas lease;

a greenhouse gas holding lease granted by way of renewal of the greenhouse gas lease;

a greenhouse gas injection licence derived from a lease referred to in paragraph (a) or (b);

the petroleum lease;

a petroleum retention lease granted by way of renewal of the petroleum lease;

a petroleum production licence derived from a lease referred to in paragraph (d) or (e).