Commonwealth Consolidated Acts Commonwealth Consolidated ActsConstitutional limits--waters within the limits of a State or Territory
(1A) A State PSLA or the Territory PSLA must not confer functions on NOPSEMA in connection with operations in waters of the sea within the limits of the State or Territory unless:
(a) the operations are carried on by a constitutional corporation; or
(b) the operations relate to vessels, structures or other things that are owned or controlled, or that are being constructed, operated or decommissioned, by a constitutional corporation.
(1B) A State PSLA or the Territory PSLA must not confer functions on NOPSEMA in relation to the structural integrity of facilities, wells or well - related equipment located in waters of the sea within the limits of the State or Territory unless the facilities, wells or well - related equipment:
(a) are owned or controlled by a constitutional corporation; or
(b) are being constructed, operated or decommissioned, by a constitutional corporation.
(1) Section 646 does not authorise NOPSEMA to perform a function that is:
(a) mentioned in a State petroleum functions provision; and
(b) conferred by or under a particular State PSLA or the Territory PSLA;
unless:
(c) the functions mentioned in paragraph 646(b), to the extent to which it relates to occupational health and safety matters in connection with offshore petroleum operations, are conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be; and
(ca) the functions mentioned in paragraph 646(gb), to the extent to which it relates to structural integrity in connection with:
(i) the exploration for petroleum; or
(ii) the recovery, processing, storage, offloading or piped conveyance of petroleum;
are conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be; and
(d) there are provisions of the State PSLA or Territory PSLA, as the case may be, that substantially correspond to Schedule 3 to this Act as in force:
(i) at the commencement of this section; or
(ii) at any later time; and
(e) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of any of the following:
(i) the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 as those regulations were in force on 1 January 2012 or at any later time;
(ii) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
(iii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time; and
(f) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of any of the following:
(i) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 as those regulations were in force on 1 January 2012 or at any later time;
(ii) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
(iii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time; and
(g) if the function mentioned in paragraph 646(gi) is conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be--there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of any of the following:
(i) the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 as those regulations were in force on 1 January 2012 or at any later time;
(ii) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
(iii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time.
Note 1: For State petroleum functions provision , see subsection (3).
Note 2: For petroleum provisions , see subsection (4).
(2) Subsection (1) does not apply to the performance of a function by NOPSEMA during the period of 12 months beginning on the commencement of this section.
(3) For the purposes of this section, State petroleum functions provision means:
(a) paragraph 646(b) to the extent to which it relates to occupational health and safety matters in connection with offshore petroleum operations; or
(b) paragraph 646(gb) to the extent to which it relates to structural integrity in connection with:
(i) the exploration for petroleum; or
(ii) the recovery, processing, storage, offloading or piped conveyance of petroleum; or
(c) paragraph 646(gi).
(4) For the purposes of this section, petroleum provisions means provisions to the extent to which they relate to:
(a) the exploration for petroleum; or
(b) the recovery, processing, storage, offloading or piped conveyance of petroleum.
Limits on greenhouse gas storage functions
(5) Section 646 does not authorise NOPSEMA to perform a function that is:
(a) mentioned in a State greenhouse gas storage functions provision; and
(b) conferred by or under a particular State PSLA or the Territory PSLA;
unless:
(c) the functions mentioned in paragraph 646(b), to the extent to which it relates to occupational health and safety matters in connection with offshore greenhouse gas storage operations, are conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be; and
(d) the functions mentioned in paragraph 646(gb), to the extent to which it relates to structural integrity in connection with:
(i) the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or
(ii) the injection of a greenhouse gas substance into the seabed or subsoil; or
(iii) the permanent storage of a greenhouse gas substance in the seabed or subsoil; or
(iv) the compression, processing, offloading, piped conveyance or pre - injection storage of a greenhouse gas substance; or
(v) the monitoring of a greenhouse gas substance stored in the seabed or subsoil;
are conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be; and
(e) there are provisions of the State PSLA or Territory PSLA, as the case may be, that substantially correspond to Schedule 3 to this Act as in force:
(i) at the commencement of this subsection; or
(ii) at any later time; and
(f) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the greenhouse gas storage provisions of the following:
(i) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
(ii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time; and
(g) if the function mentioned in paragraph 646(gj) is conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be--there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the greenhouse gas storage provisions of the following:
(i) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
(ii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time.
Note 1: For State greenhouse gas storage functions provision , see subsection (6).
Note 2: For greenhouse gas storage provisions , see subsection (8).
(6) For the purposes of this section, State greenhouse gas storage functions provision means:
(a) paragraph 646(b), to the extent to which it relates to occupational health and safety matters in connection with offshore greenhouse gas storage operations; or
(b) paragraph 646(gb), to the extent to which it relates to structural integrity in connection with:
(i) the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or
(ii) the injection of a greenhouse gas substance into the seabed or subsoil; or
(iii) the permanent storage of a greenhouse gas substance in the seabed or subsoil; or
(iv) the compression, processing, offloading, piped conveyance or pre - injection storage of a greenhouse gas substance; or
(v) the monitoring of a greenhouse gas substance stored in the seabed or subsoil; or
(c) paragraph 646(gj).
(8) For the purposes of this section, greenhouse gas storage provisions means provisions to the extent to which they relate to:
(a) the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or
(b) the injection of a greenhouse gas substance into the seabed or subsoil; or
(c) the permanent storage of a greenhouse gas substance in the seabed or subsoil; or
(d) the compression, processing, offloading, piped conveyance or pre - injection storage of a greenhouse gas substance; or
(e) the monitoring of a greenhouse gas substance stored in the seabed or subsoil.
Limits relating to cost recovery
(9) A State PSLA or the Territory PSLA must not confer functions on NOPSEMA:
(a) in connection with operations in; or
(b) in relation to the structural integrity of facilities, wells or well - related equipment located in;
so much of the designated coastal waters of the State or the Northern Territory, as the case may be, as are on the landward side of the territorial sea unless:
(c) there is an agreement between the responsible Commonwealth Minister and the responsible State Minister, or the responsible Northern Territory Minister, as the case may be, that deals with measures to be implemented by the State or the Northern Territory, as the case may be, for the payment of amounts to NOPSEMA in respect of the performance of some or all of those functions; and
(d) those measures have been implemented by the State or the Northern Territory, as the case may be.
(10) For the purpose of subsection (9), assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.