Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 595

Scope

  (1)   This section applies if any of the following permits, leases, licences or authorities (each of which is a title ) cease to be in force, in whole or in part:

  (a)   a greenhouse gas assessment permit;

  (b)   a greenhouse gas holding lease;

  (c)   a greenhouse gas injection licence;

  (d)   a greenhouse gas search authority;

  (e)   a greenhouse gas special authority.

Direction

  (2)   The responsible Commonwealth Minister may, by written notice given to a person referred to in subsection   (2A), direct the person to do one or more of the following things within the period specified in the notice:

  (a)   to remove, or cause to be removed, from the vacated area all property (the relevant property ) brought into that area by any person engaged or concerned in the operations authorised by the title;

  (b)   to make arrangements that are satisfactory to the responsible Commonwealth Minister in relation to the relevant property;

  (c)   to plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the vacated area by any person engaged or concerned in the operations authorised by the title;

  (d)   to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the vacated area;

  (e)   to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in the operations authorised by the title;

so long as the direction is given for a purpose that relates to:

  (f)   resource management; or

  (g)   resource security; or

  (h)   decommissioning.

  (2A)   The persons are:

  (a)   if the title ceased to be in force in part:

  (i)   the registered holder of the title; or

  (ii)   a related body corporate of the registered holder of the title; or

  (b)   if the title ceased to be in force in whole or in part:

  (i)   any former registered holder of the title; or

  (ii)   a person who was a related body corporate of any former registered holder of the title at the time the title was in force; or

  (iii)   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 title;

  (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 title in relation to the operations authorised by the title.

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

  (2D)   If:

  (a)   a direction is given under subsection   (2) to a person referred to in subparagraph   (2A)(a)(ii), (b)(i), (b)(ii) or (b)(iii); and

  (b)   the direction requires the person to take an action in, or in relation to, the title area (within the meaning of section   572) of a title that is in force;

the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given.

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

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

  (a)   Chapter   3; and

  (b)   this Chapter; and

  (c)   the regulations.

  (5)   In attaining a state of satisfaction for the purposes of paragraph   (2)(c), the responsible Commonwealth Minister must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum - bearing qualities of geological formations.

Offence

  (6)   A person commits an offence if:

  (a)   the person is subject to a direction under subsection   (2); and

  (b)   the person omits to do an act; and

  (c)   the omission breaches the direction.

Penalty:   100 penalty units.

  (7)   An offence against subsection   (6) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

Inconsistency

  (8)   If a direction under this section is inconsistent with a direction under section   594A, the direction under this section has no effect to the extent of the inconsistency.