Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 586

Scope

  (1)   This section applies to:

  (a)   a petroleum exploration permit; or

  (b)   a petroleum retention lease; or

  (c)   a petroleum production licence; or

  (d)   an infrastructure licence; or

  (e)   a pipeline licence.

Direction

  (2)   NOPSEMA may, by written notice given to a person referred to in subsection   (2A), direct the person to do any or all of the following things within the period specified in the notice:

  (a)   to:

  (i)   remove, or cause to be removed, from the title area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or

  (ii)   make arrangements that are satisfactory to NOPSEMA in relation to that property;

  (b)   to plug or close off, to the satisfaction of NOPSEMA, all wells made in the title area by any person engaged or concerned in those operations;

  (c)   to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the title area;

  (d)   to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations.

Note 1:   For title area , see subsection   (6).

Note 2:   For variation and revocation, see subsection   33(3) of the Acts Interpretation Act 1901 .

Note 3:   A direction under this section has no effect to the extent of any inconsistency with a direction under section   586A: see subsection   586A(9).

Note 4:   Breach of a direction may attract a criminal or civil penalty: see section   587B.

  (2A)   The persons are:

  (a)   the registered holder of the permit, lease or licence; or

  (b)   a related body corporate of the registered holder of the permit, lease or licence; or

  (c)   any former registered holder of the permit, lease or licence; or

  (d)   a person who was a related body corporate of any former registered holder of the permit, lease or licence at the time the permit, lease or licence was in force; or

  (e)   a person to whom a determination under subsection   (2B) applies.

  (2B)   The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:

  (a)   whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the permit, lease or licence;

  (b)   whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person's obligations under this Act;

  (c)   whether the person acts or acted jointly with the registered holder, or a former holder, of the permit, lease or licence in relation to the operations authorised by the permit, lease or licence.

  (2C)   A determination under subsection   (2B) is not a legislative instrument.

  (2D)   If a direction is given under subsection   (2) to a person referred to in paragraph   (2A)(b), (c), (d) or (e), NOPSEMA must give a copy of the direction to the registered holder of the permit, lease or licence as soon as practicable after the direction is given.

  (2E)   The period specified in the notice must be reasonable.

  (2F)   Before giving the direction NOPSEMA may consult the Titles Administrator.

  (3)   In attaining a state of satisfaction for the purposes of paragraph   (2)(b), NOPSEMA:

  (a)   in the case of a declared petroleum exploration permit, declared petroleum retention lease or declared petroleum production licence--must have regard; or

  (b)   otherwise--may have regard;

to the principle that plugging or closing off wells should be carried out in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.

  (4)   Paragraph   (2)(c) has effect subject to:

  (a)   Chapter   2; and

  (b)   this Chapter; and

  (c)   the regulations.

Title area

  (6)   For the purposes of this section, the table has effect: