Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Part:
"area to be avoided" means so much of the area to which Schedule 2 applies as comprises waters of the sea that:
(a) are not within the coastal waters of Victoria or within any area on the landward side of those coastal waters; and
(b) are not within a safety zone.
Note: The area to which Schedule 2 applies is an area off the coast of Victoria.
"authorised person" has the meaning given by section 615.
"exempt vessel" , in relation to a safety zone, means a vessel:
(a) in the case of a petroleum safety zone--that is excluded from the operation of section 616 in relation to that safety zone because:
(i) the vessel is specified in the notice establishing the safety zone; or
(ii) the vessel is included in a class of vessels specified in the notice establishing the safety zone; or
(b) in the case of a petroleum safety zone--for which a written consent of NOPSEMA under subsection 616(1) is in force in relation to the safety zone; or
(c) in the case of a greenhouse gas safety zone--that is excluded from the operation of section 617 in relation to that safety zone because:
(i) the vessel is specified in the notice establishing the safety zone; or
(ii) the vessel is included in a class of vessels specified in the notice establishing the safety zone; or
(d) in the case of a greenhouse gas safety zone--for which a written consent of NOPSEMA under subsection 617(1) is in force in relation to the safety zone.
"foreign-flag vessel" means a vessel that:
(a) under the law of a foreign country, is entitled to fly the flag of that country; and
(b) is flying that flag.
"government body" means:
(a) the Commonwealth, a State or a Territory; or
(b) a body corporate established for a public purpose by or under a law of the Commonwealth or of a State or Territory, other than:
(i) the Western Australian Coastal Shipping Commission; or
(ii) the Transport Commission established under the Transport Act 1981 of Tasmania; or
(iii) a body corporate that is declared by regulations made under the Shipping Registration Act 1981 not to be a Government authority for the purposes of that Act.
"Government vessel" means:
(a) a vessel that is beneficially owned by a government body; or
(b) a vessel the whole possession and control of which is for the time being vested in a government body.
"greenhouse gas safety zone" means an area that is a safety zone for the purposes of section 617.
"greenhouse gas well" means a hole in the seabed or subsoil made by drilling, boring or any other means in connection with:
(a) exploration for potential greenhouse gas storage formations; or
(b) exploration for potential greenhouse gas injection sites; or
(c) the injection of a greenhouse gas substance into an identified greenhouse gas storage formation; or
(d) the injection, on an appraisal basis, of:
(i) a greenhouse gas substance; or
(ii) air; or
(iii) petroleum; or
(iv) water;
into a part of a geological formation.
"master" , in relation to a vessel, means the person having command or charge of the vessel.
"owner" , in relation to a vessel, means:
(a) if the vessel is being operated by a person who:
(i) does not own the vessel; and
(ii) has the whole possession and control of the vessel;
the person operating the vessel; or
(b) in any other case--the person who owns the vessel.
"petroleum safety zone" means an area that is a safety zone for the purposes of section 616.
"petroleum well" means a hole in the seabed or subsoil made by drilling, boring or any other means in connection with:
(a) exploration for petroleum; or
(b) petroleum recovery operations;
but does not include a seismic shot hole.
"prescribed safety zone" means a safety zone that is situated within any part of the area to which Schedule 2 applies that comprises waters of the sea that are not within the coastal waters of Victoria or within any area on the landward side of those coastal waters.
Note: The area to which Schedule 2 applies is an area off the coast of Victoria.
"relevant vessel" means:
(a) a vessel that satisfies the following conditions:
(i) the vessel is registered under the Shipping Registration Act 1981 ;
(ii) the gross tonnage of the vessel specified in the certificate of registration of the vessel exceeds 200;
(iii) the vessel is not a Government vessel; or
(b) a vessel that satisfies the following conditions:
(i) the vessel is not registered under the Shipping Registration Act 1981 ;
(ii) the vessel is permitted to be registered under that Act;
(iii) the vessel is not a foreign - flag vessel;
(iv) the tonnage length of the vessel equals or exceeds 24 metres (for this purpose, the tonnage length is to be determined in the same manner as it is determined for the purposes of the Shipping Registration Act 1981 );
(v) the vessel is not a Government vessel; or
(c) a vessel that satisfies the following conditions:
(i) the vessel is not a vessel to which paragraph (a) or (b) applies;
(ii) the vessel is in the offshore area for the purpose of exploring the seabed or subsoil of the offshore area for petroleum or minerals or for the purpose of exploiting the petroleum or minerals which occur as natural resources of that seabed or subsoil;
(iii) the vessel is not a Government vessel; or
(d) a vessel that satisfies the following conditions:
(i) the vessel is not a vessel to which paragraph (a) or (b) applies;
(ii) the vessel is in the offshore area for the purpose of exploring the seabed or subsoil of the offshore area for a potential greenhouse gas storage formation or a potential greenhouse gas injection site;
(iii) the vessel is not a Government vessel; or
(e) a vessel that satisfies the following conditions:
(i) the vessel is not a vessel to which paragraph (a) or (b) applies;
(ii) the vessel is in the offshore area for purposes relating to the injection of a greenhouse gas substance into, or the storage of a greenhouse gas substance in, the seabed or subsoil of the offshore area;
(iii) the vessel is not a Government vessel.
"safety zone" means:
(a) a greenhouse gas safety zone; or
(b) a petroleum safety zone.
"terrorist activity" includes an activity involving extortion.