Commonwealth Consolidated Acts Commonwealth Consolidated ActsSchedule 6 has effect.
Offshore Petroleum and Greenhouse Gas Storage Act 2006
No. 14, 2006
Compilation No. 57
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
This compilation is in 4 volumes
Volume 3: sections 566- 791
Volume 4: Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Schedule 1--Scheduled areas for the States and Territories
1 Scheduled area for New South Wales
2 Scheduled area for Victoria
3 Scheduled area for Queensland
4 Scheduled area for South Australia
5 Scheduled area for Western Australia
6 Scheduled area for Tasmania
7 Scheduled area for the Northern Territory
8 Scheduled area for the Territory of Ashmore and Cartier Islands
9 References to this Schedule in other laws
Schedule 2--Area that includes the area to be avoided
1 Area that includes the area to be avoided
Schedule 2A--Environmental management laws: additional NOPSEMA inspection powers
Part 1--Introduction
1 Simplified outline of this Schedule
2A Declared oil pollution emergency
2B Emergency response premises
Part 2--Environmental inspections
Division 1--Environmental inspections: general provisions
3 Environmental inspections--nature of inspections
4 Environmental inspections--offshore premises
5 Environmental inspections--regulated business premises
6 Environmental inspections--obstructing or hindering NOPSEMA inspector
Division 2--Environmental inspections: compliance powers
7 Environmental inspections--power to require assistance
8 Environmental inspections--powers to require information, and the production of documents and things
9 Environmental inspections--power to take possession of plant and samples etc.
10 Environmental do not disturb notices (general)
11 Environmental inspections--environmental do not disturb notices (notification and display)
11A Environmental inspections--environmental prohibition notices (issue)
11B Environmental inspections--environmental prohibition notices (notification)
11C Environmental inspections--environmental improvement notices (issue)
11D Environmental inspections--environmental improvement notices (compliance and notification)
12 Environmental inspections--tampering with and removing notices
12A Environmental inspections--publishing environmental prohibition notices and environmental improvement notices
Division 3--Reports: inspections concerning environmental management laws
13 Reports on inspections concerning environmental management laws
Part 3--General
14 Meaning of offence against an environmental management law
15 Offences against environmental management laws--prosecutions
16 Offences against environmental management laws--conduct of directors, employees and agents
17 Environmental inspections--civil proceedings
18 Offences against environmental management laws--defence of circumstances preventing compliance
19 Constitutional basis of this Schedule
20 Additional operation of this Schedule
Schedule 2B--Well integrity laws: additional NOPSEMA inspection powers
Part 1--Introduction
1 Simplified outline of this Schedule
Part 2--Well integrity inspections
Division 1--Well integrity inspections: general provisions
3 Well integrity inspections--nature of inspections
4 Well integrity inspections--facility
5 Well integrity inspections--regulated business premises
6 Well integrity inspections--obstructing or hindering NOPSEMA inspector
Division 2--Well integrity inspections: compliance powers
7 Well integrity inspections--power to require assistance
8 Well integrity inspections--powers to require information, and the production of documents and things
9 Well integrity inspections--power to take possession of plant and samples etc.
10 Well integrity inspections--well integrity do not disturb notices (general)
11 Well integrity inspections--well integrity do not disturb notices (notification and display)
12 Well integrity inspections--well integrity prohibition notices (issue)
13 Well integrity inspections--well integrity prohibition notices (notification)
14 Well integrity inspections--well integrity improvement notices (issue)
15 Well integrity inspections--well integrity improvement notices (compliance and notification)
16 Well integrity inspections--tampering with and removing notices
17 Well integrity inspections--publishing well integrity prohibition notices and well integrity improvement notices
Division 3--Reports: inspections concerning well integrity laws
18 Reports on inspections concerning well integrity laws
Part 3--General
19 Meaning of offence against a well integrity law
20 Offences against well integrity laws--prosecutions
21 Offences against well integrity laws--conduct of directors, employees and agents
22 Well integrity inspections--civil proceedings
23 Offences against well integrity laws--defence of circumstances preventing compliance
Schedule 3--Occupational health and safety
Part 1--Introduction
1 Objects
2 Simplified outline
4 Facilities
5 Operator of a facility or proposed facility
6 Operator must ensure presence of operator's representative
7 Health and safety of persons using an accommodation facility
8 Contractor
8A When a petroleum title is derived from another petroleum title
8B When a greenhouse gas title is derived from another greenhouse gas title
Part 2--Occupational health and safety
Division 1--Duties relating to occupational health and safety
9 Duties of operator
10 Duties of persons in control of parts of facility or particular work
11 Duties of employers
12 Duties of manufacturers in relation to plant and substances
13 Duties of suppliers of facilities, plant and substances
13A Duties of petroleum titleholders in relation to wells
13B Duties of greenhouse gas titleholders in relation to wells
14 Duties of persons erecting facilities or installing plant
15 Duties of persons in relation to occupational health and safety
16 Reliance on information supplied or results of research
Division 1A--Occupational health and safety duties: enforcement
16A Meaning of health and safety requirement
16B Occupational health and safety duties offence--recklessness
16C Occupational health and safety duties offence--negligence
Division 2--Regulations relating to occupational health and safety
17 Regulations relating to occupational health and safety
Part 3--Workplace arrangements
Division 1--Introduction
18 Simplified outline
Division 2--Designated work groups
Subdivision A--Establishment of designated work groups
19 Establishment of designated work groups by request
20 Establishment of designated work groups at initiative of operator
Subdivision B--Variation of designated work groups
21 Variation of designated work groups by request
22 Variation of designated work groups at initiative of operator
Subdivision C--General
23 Referral of disagreement to reviewing authority
24 Manner of grouping members of the workforce
Division 3--Health and safety representatives
Subdivision A--Selection of health and safety representatives
25 Selection of health and safety representatives
26 Election of health and safety representatives
27 List of health and safety representatives
28 Members of designated work group must be notified of selection etc. of health and safety representative
29 Term of office
30 Training of health and safety representatives
31 Resignation etc. of health and safety representatives
32 Disqualification of health and safety representatives
33 Deputy health and safety representatives
Subdivision B--Powers of health and safety representatives
34 Powers of health and safety representatives
35 Assistance by consultant
36 Information
37 Obligations and liabilities of health and safety representatives
38 Provisional OHS improvement notices--issue and notification
39 Provisional OHS improvement notices--effect
Subdivision C--Duties of the operator and other employers in relation to health and safety representatives
40 Duties of the operator and other employers in relation to health and safety representatives
Division 4--Health and safety committees
41 Health and safety committees
42 Functions of health and safety committees
43 Duties of the operator and other employers in relation to health and safety committees
Division 5--Emergency procedures
44 Action by health and safety representatives
45 Direction to perform other work
Division 6--Exemptions
46 Exemptions
Part 4--OHS inspections
Division 1--Introduction
47 Simplified outline
Division 2--OHS inspections: general provisions
49 OHS inspections--nature of inspections
50 OHS inspections--facilities
51 OHS inspections--regulated business premises (non - facilities)
54 OHS inspections--obstructing or hindering NOPSEMA inspector
Division 3--OHS inspections: compliance powers
73 OHS inspections--power to require assistance
74 OHS inspections--powers to require information, and the production of documents and things
75 OHS inspections--power to take possession of plant and samples etc.
76 OHS inspections--OHS do not disturb notices (general)
76A OHS inspections--OHS do not disturb notices (notification and display)
77 OHS inspections--OHS prohibition notices (issue)
77A OHS inspections--OHS prohibition notices (notification, display and compliance)
78 OHS inspections--OHS improvement notices (issue)
78A OHS inspections--OHS improvement notices (compliance)
78B OHS inspections--OHS improvement notices (notification and display)
79 OHS inspections--tampering with and removal of notices
80AA OHS inspections--publishing OHS prohibition notices and OHS improvement notices
Division 4--Reports: OHS inspections etc.
80 Reports on listed OHS law inspections
Division 5--Appeals: OHS inspections etc.
80A Appeals concerning OHS inspections etc.--decisions subject to appeal
81 Appeals concerning OHS inspections etc.--associated rules and procedure
Part 5--General provisions
82 Notifying and reporting accidents and dangerous occurrences
83 Records of accidents and dangerous occurrences to be kept
84 Codes of practice
85 Use of codes of practice in criminal proceedings
86 Interference etc. with equipment etc.
87 Members of workforce not to be levied
88 Employer not to dismiss etc. employees on certain grounds
89 Institution of prosecutions
90 Conduct of directors, employees and agents
91 Schedule not to give rise to other liabilities etc.
92 Circumstances preventing compliance may be defence to prosecution
93 Regulations--general
Schedule 4--Petroleum production licences to which the Royalty Act applies
Part 1--Introduction
Part 2--Applying for a petroleum production licence
2 Application for petroleum production licence by holder of petroleum exploration permit to which the Royalty Act applies
3 Application period
4 Application for petroleum production licence by holder of petroleum retention lease to which the Royalty Act applies
Part 3--Obtaining a petroleum production licence
5 Secondary petroleum production licence--offer document must specify rate of royalty
6 Limit on grant of secondary petroleum production licence
Part 4--Variation of licence area
7 Variation of licence area of petroleum production licence
Part 5--What happens if a block is not taken up
8 Revocation of petroleum exploration permit or petroleum retention lease to the extent to which it relates to a block not taken up
Schedule 5--Release of technical information given to the Designated Authority before 7 March 2000
1 Simplified outline
3 Time of receipt of certain information
4 Protection of the confidentiality of information
5 Titles Administrator may make information available to a Minister, a State Minister or a Northern Territory Minister
6 Disclosure of basic information given in connection with an application
7 Disclosure of basic information after authorised release day
8 Disclosure of information that is in the public domain
9 Disclosure of derivative information after 5 years
10 Transitional--section 118 of the repealed Petroleum (Submerged Lands) Act 1967
Schedule 6--Transitional provisions
Part 1--Basic provisions
2 Re - enactment of the Petroleum (Submerged Lands) Act 1967
3 Old titles continue in force
4 Transitional--eligible instruments
5 Transitional--acts or things done before commencement
6 Transitional--conditions of old titles
7 Translation of references in documents
8 Transitional regulations
Part 2--Specific provisions
10 Joint Authority for an external Territory
12 Chief Executive Officer of the National Offshore Petroleum Safety Authority
13 Project inspectors--late commencement of greenhouse gas provisions
13A Petroleum project inspectors--early commencement of greenhouse gas provisions
13B Petroleum project inspectors--late commencement of greenhouse gas provisions
15 Registers
16 Registration fees--transfer
17 Registration fees--dealings
18 Retention and inspection of documents
19 Assessment of registration fee
20 Payments by the Commonwealth to the States and the Northern Territory
21 Adjustment to period required or allowed for doing an act or thing etc.
22 Old titles--continuation in force beyond date of expiry
23 Renewal of petroleum exploration permits
24 Renewal of petroleum retention leases
25 Grant of petroleum production licences over individual blocks
26 Renewal of fixed - term petroleum production licences
27 Grant of pipeline licences
28 Requirement to provide further information in connection with application for title
29 Revocation of petroleum exploration permits, petroleum retention leases, petroleum production licences and petroleum access authorities
30 Surrender of title
31 Cancellation of old titles
32 Commencement of works or operations
33 Deduction of debts from proceeds of sale of property
35 Release of regulatory information
36 Release of technical information--deemed time of receipt of certain information and samples
37 Liability for acts and omissions
38 Reconsideration and review of decisions
39 Meaning of petroleum in the Petroleum (Submerged Lands) Act 1967
40 OHS inspections
41 OHS prosecutions
42 Disqualification of health and safety representatives
43 Designated frontier areas for 2005
Schedule 7--Greater Sunrise areas
2 Eastern Greater Sunrise offshore area
3 Western Greater Sunrise area
Schedule 8--Bayu - Undan pipeline international offshore area
1 Bayu - Undan pipeline international offshore area
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Miscellaneous