Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE AMENDMENT (COMPLIANCE MEASURES) ACT 2013 - SCHEDULE 1

Part   1 -- Application of the Regulatory Powers (Standard Provisions) Act 2014

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1   Section   7

Insert:

"NOPSEMA" inspector means a person appointed as a NOPSEMA inspector under section   602.

2   Section   7 (definition of petroleum project inspector )

Repeal the definition.

3   Section   7

Insert:

"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 201 3 .

4   Part   6.5 (heading)

Repeal the heading, substitute:

Part   6.5 -- Compliance and enforcement

5   Section   599

Omit:

substitute:

6   Sections   600 to 602

Repeal the sections, substitute:

600   Definitions--this Division

    In this Division:

"CEO" means the Chief Executive Officer of NOPSEMA .

"evidential material" has the same meaning as in the Regulatory Powers Act.

"facility" has the same meaning as in Schedule   3.

"function" includes duty.

"listed" NOPSEMA law : see section   601.

"operator" of a facility has the same meaning as in Schedule   3.

"petroleum title" means:

  (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; or

  (f)   a petroleum special prospecting authority; or

  (g)   a petroleum access authority; or

  (h)   a petroleum scientific investigation consent.

"this Act" includes a legislative instrument under this Act.

601   Meaning of listed NOPSEMA law

  (1)   For the purposes of this Act, the provisions listed in the following table are the listed NOPSEMA laws , to the extent provided in the column headed "Provisions":

  (2)   A listed NOPSEMA law includes a requirement made under a provision listed in the table in subsection   ( 1).

602   NOPSEMA inspectors--appointment

Appointment generally

  (1)   The CEO may, in writing, appoint as NOPSEMA inspectors any of the following:

  (a)   a member of the staff of NOPSEMA ;

  (b)   an employee of the Commonwealth or of a Commonwealth authority;

  (c)   an employee of a State or of the Northern Territory, or of an authority of a State or of the Northern Territory.

  (2)   Despite subsection   ( 1), the CEO may appoint as NOPSEMA inspectors persons who are not covered by paragraph   ( 1)(a), (b) or (c), if the appointment is for a period, and for the performance of functions, stated in the instrument of appointment.

  (3)   The CEO must not appoint a person as a NOPSEMA inspector unless the CEO is satisfied that the person has suitable training or experience to properly exercise the powers of a NOPSEMA inspector (subject to any limitations as to powers or functions stated in an instrument under subsection   ( 2) or a direction under 602A).

Identity cards

  (4)   An identity card issued to a NOPSEMA inspector under the Regulatory Powers Act must:

  (a)   state that the inspector is a NOPSEMA inspector for the purposes of this Act; and

  (b)   if the inspector is appointed subject to any limitations as to powers or functions stated in the instrument of appointment under subsection   ( 2)--state that limitation; and

  (c)   if the appointment is in relation to the Eastern Greater Sunrise offshore area--identify the inspector as a Greater Sunrise visiting inspector.

Powers etc. given by State or Territory PSLA

  (5)   In addition to the powers and functions given for the purposes of this Act, a NOPSEMA inspector has all the powers and functions that are given by or under a State PSLA or the Territory PSLA .

602A   NOPSEMA inspectors--directions by CEO

Directions etc. by the CEO

  (1)   The CEO may give written directions stating conditions subject to which a NOPSEMA inspector's powers may be exercised for the purposes of this Act. If the CEO does so, the inspector's powers must be exercised in accordance with those directions.

  (2)   The CEO may, by written notice, impose conditions (not inconsistent with any directions under subsection   ( 1)) on the exercise of powers, or the performance of functions, by a particular NOPSEMA inspector for the purposes of this Act. If the CEO does so, the inspector's powers and functions are to be exercised or performed subject to those conditions.

Status of directions and notices as legislative instruments

  (3)   If a direction under subsection   ( 1) is of general application, the direction is a legislative instrument.

  (4)   If a direction under subsection   ( 1) is not of general application, the direction is not a legislative instrument.

  (5)   A notice under subsection   ( 2) is not a legislative instrument.

602B   NOPSEMA inspectors--reimbursement for exercise of powers relating to the Titles Administrator

Scope

  (1)   This section applies if a NOPSEMA inspector:

  (a)   engages in activities that are preparatory to the exercise, or the possible exercise, of a power for a purpose that relates to the powers or functions of the Titles Administrator; or

  (b)   exercises a power for a purpose that relates to the powers or functions of the Titles Administrator.

Reimbursement

  (2)   NOPSEMA and the Titles Administrator may, with the agreement of the responsible Commonwealth Minister, make a written determination that provides that an amount worked out in accordance with the determination is, on a day worked out in accordance with the determination, to be:

  (a)   debited from the National Offshore Petroleum Titles Administrator Special Account; and

  (b)   credited to the National Offshore Petroleum Safety and Environmental Management Authority Special Account.

  (3)   The Titles Administrator must publish a determination under subsection   ( 2) on the Department's website.

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

602C   Listed NOPSEMA laws--monitoring powers (general)

Provisions subject to monitoring

  (1)   The listed NOPSEMA laws are subject to monitoring under Part   2 of the Regulatory Powers Act.

Note 1:   Part   2 of the Regulatory Powers Act creates a framework for monitoring whether the listed NOPSEMA laws have been complied with. It includes powers of entry, search and inspection (see section   20 of that Act).

Note 2:   For the listed NOPSEMA laws , see section   601.

Information subject to monitoring

  (2)   Information given in compliance or purported compliance with one or more of the listed NOPSEMA laws is subject to monitoring under Part   2 of the Regulatory Powers Act.

Note:   Part   2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry, search and inspection (see section   20 of that Act).

Related provisions

  (3)   For the purposes of Part   2 of the Regulatory Powers Act, each of the following is related to the listed NOPSEMA laws and the information mentioned in subsection   ( 2):

  (a)   a provision for an offence against this Act;

  (b)   a civil penalty provision under this Act;

  (c)   a provision for an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.

Autho r ised applicant

  (4)   For the purposes of Part   2 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised applicant in relation to both of the following:

  (a)   the listed NOPSEMA laws;

  (b)   the information mentioned in subsection   ( 2).

Autho r ised person

  (5)   For the purposes of Part   2 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised person in relation to both of the following:

  (a)   the listed NOPSEMA laws;

  (b)   the information mentioned in subsection   ( 2).

Issuing officer

  (6)   For the purposes of Part   2 of the Regulatory Powers Act, a magistrate, or a Judge of the Federal Circuit Court, is an issuing officer in relation to both of the following:

  (a)   the listed NOPSEMA laws;

  (b)   the information mentioned in subsection   ( 2).

Relevant chief executive

  (7)   For the purposes of Part   2 of the Regulatory Powers Act, the CEO is the relevant chief executive in relation to both of the following:

  (a)   the listed NOPSEMA laws;

  (b)   the information mentioned in subsection   ( 2).

Relevant court

  (8)   For the purposes of Part   2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the listed NOPSEMA laws and the information mentioned in subsection   ( 2):

  (a)   the Federal Court;

  (b)   the Federal Circuit Court;

  (c)   the Supreme Court of a State or Territory.

Person assisting

  (9)   For the purposes of Part   2 of the Regulatory Powers Act, a NOPSEMA inspector may be assisted by a member (or members) of the staff of NOPSEMA in exercising powers or performing functions in relation to both of the following:

  (a)   the listed NOPSEMA laws;

  (b)   the information mentioned in subsection   ( 2).

Extension to offshore areas

  (10)   Part   2 of the Regulatory Powers Act extends to each offshore area, in the application of that Part in relation to both of the following:

  (a)   the listed NOPSEMA laws;

  (b)   the information mentioned in subsection   ( 2).

Note:   Under Schedule   3 to this Act, NOPSEMA inspectors may exercise additional powers, and perform additional functions, for the purpose of monitoring listed OHS laws, environmental management laws and structural integrity laws.

602D   Listed NOPSEMA laws--investigation powers (general)

Offences and civil penalty provisions that are subject to investigation

  (1)   The following are subject to investigation under Part   3 of the Regulatory Powers Act:

  (a)   an offence against a listed NOPSEMA law;

  (b)   a civil penalty provision that is a listed NOPSEMA law;

  (c)   an offence against the Crimes Act 1914 or the Criminal Code that relates to an offence against a listed NOPSEMA law.

Note 1:   Part   3 of the Regulatory Powers Act creates a framework for investigating whether offences or civil penalty provisions that are subject to investigation have been committed or contravened. It includes powers of entry, search, inspection and seizure (see section   50 of that Act).

Note 2:   For the listed NOPSEMA laws , see section   601.

Related provisions

  (2)   For the purposes of Part   3 of the Regulatory Powers Act, each of the following is related to evidential material that relates to an offence or civil penalty provision mentioned in subsection   ( 1):

  (a)   a provision for an offence against this Act;

  (b)   a civil penalty provision under this Act;

  (c)   a provision for an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.

Autho r ised applicant

  (3)   For the purposes of Part   3 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised applicant in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection   ( 1).

Autho r ised person

  (4)   For the purposes of Part   3 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised person in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection   ( 1).

Issuing officer

  (5)   For the purposes of Part   3 of the Regulatory Powers Act, a magistrate, or a Judge of the Federal Circuit Court, is an issuing officer in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection   ( 1).

Relevant chief executive

  (6)   For the purposes of Part   3 of the Regulatory Powers Act, the CEO is the relevant chief executive in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection   ( 1).

Relevant court

  (7)   For the purposes of Part   3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection   ( 1):

  (a)   the Federal Court;

  (b)   the Federal Circuit Court;

  (c)   the Supreme Court of a State or Territory.

Person assisting

  (8)   For the purposes of Part   3 of the Regulatory Powers Act, a NOPSEMA inspector may be assisted by a member (or members) of the staff of NOPSEMA in exercising powers or performing functions in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection   ( 1).

Use of force in executing a warrant

  (9)   In executing an investigation warrant:

  (a)   an authorised person may use such force against things as is necessary and reasonable in the circumstances; and

  (b)   a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.

Extension to offshore areas

  (10)   Part   3 of the Regulatory Powers Act, as it applies in relation to an offence or civil penalty provision mentioned in subsection   ( 1), extends to each offshore area .

602E   Listed NOPSEMA laws--additional powers

Additional powers

  (1)   A NOPSEMA inspector may exercise the powers covered by subsection   ( 2) after entering premises under Part   3 of the Regulatory Powers Act (as it applies under this Division).

Powers that may be exercised

  (2)   The powers covered by this subsection are as follows:

  (a)   if the inspector's entry is in connection with a listed NOPSEMA law that is a petroleum environmental law--the power in relation to the premises that the inspector would have, if the inspector had entered the premises for the purposes of a petroleum environmental inspection under Schedule   2A, to issue a do not disturb notice under clause   10 of Schedule   2A;

  (b)   if the inspector's entry is in connection with a listed NOPSEMA law that is a listed OHS law--the powers in relation to the premises that the inspector would have, if the inspector had entered the premises for the purposes of an OHS inspection under Schedule   3, to issue any of the following:

  ( i )   a do not disturb notice under clause   76 of Schedule   3;

  (ii)   a prohibition notice under clause   77 of Schedule   3;

  (iii)   an improvement notice under clause   78 of Schedule   3.

Application of Schedule   2A and Schedule   3

  (3)   Schedule   2A applies in relation to the exercise (as provided by this section) of a power covered by paragraph   ( 2)(a) as if the inspector were conducting a petroleum environmental inspection under that Schedule.

  (4)   Schedule   3 applies in relation to the exercise (as provided by this section) of a power covered by paragraph   ( 2)(b) as if the inspector were conducting an OHS inspection under that Schedule.

602F   Listed NOPSEMA laws--monitoring and investigation powers (special provisions)

Scope

  (1)   This section provides for extended or alternative meanings of terms used in Part   2 or 3 of the Regulatory Powers Act in the application of that Part under this Division.

Premises

  (2)   In that application (and without limiting its meaning under that Act) premises includes any vessel, structure or other thing located in an offshore area that is used, or that has been used, for the purposes of either of the following (within the meaning of Part   6.9):

  (a)   offshore petroleum operations;

  (b)   offshore greenhouse gas storage operations.

Examples of premises :

(a)   a facility (within the meaning of Schedule   3); and

(b)   an infrastructure facility (see section   15); and

(c)   a petroleum pipeline.

Occupiers of premises located offshore

  (3)   In that application, but only in relation to the exercise of powers by a NOPSEMA inspector at premises that are located in an offshore area, occupier means:

  (a)   in the case of the exercise of powers at a facility in relation to a listed NOPSEMA law that is a listed OHS law--the operator's representative at the facility (within the meaning of Schedule   3); or

  (b)   if paragraph   ( a) does not apply, and the premises are a vessel under the command or charge of a master--the master; or

  (c)   if paragraphs   ( a) and (b) do not apply, and the powers are exercised in relation to any listed NOPSEMA law that is a petroleum environmental law--the titleholder's representative (if any) at the premises; or

  (d)   if there is no occupier at the premises as provided under paragraph   ( a), (b) or (c)--the person at the premises who appears to be in overall control of the premises.

Note:   In the case of premises that are not located in an offshore area, occupier would have its ordinary meaning as applied under the Regulatory Powers Act.

602G   Listed NOPSEMA laws--monitoring and investigation powers (reasonable facilities and assistance)

Scope

  (1)   This section applies if any powers are to be exercised by a NOPSEMA inspector under the Regulatory Powers Act as it applies under this Division in relation to premises that are located in an offshore area.

Note:   For the meaning of premises in this context, see section   602F.

Reasonable facilities and assistance

  (2)   For the purposes of the application of section   32 or 64 of the Regulatory Powers Act under this Division, in addition to any facilities or assistance that must otherwise be provided under those sections in that application, the responsible person must provide:

  (a)   appropriate transport to or from the premises for the following:

  ( i )   the NOPSEMA inspector;

  (ii)   any person assisting the inspector (within the meaning of section   24 or 54 of the Regulatory Powers Act as that section applies under this Division);

  (iii)   any equipment required by the inspector;

  (iv)   any thing of which the inspector has taken possession; and

  (b)   reasonable accommodation and means of subsistence for the inspector, and any such person assisting the inspector, while the inspector is at the premises.

Note:   A NOPSEMA inspector may be assisted by a member of staff of NOPSEMA (see sections   602C and 602D). Any such assistance must be necessary and reasonable (see sections   24 and 54 of the Regulatory Powers Act).

  (3)   In this section:

"responsible person" means:

  (a)   if the powers are to be exercised in relation to a facility--the operator of the facility; or

  (b)   in any other case--the registered holder of a petroleum title in relation to which the powers are to be exercised.

602H   Listed NOPSEMA laws--monitoring and investigation powers (Greater Sunrise visiting inspectors)

  (1)   For the purposes of this Act, a Greater Sunrise visiting inspector who produces, at a reasonable time, the inspector's identity card:

  (a)   is to be given access to the regions in the following areas:

  ( i )   the Eastern Greater Sunrise offshore area;

  (ii)   the Principal Northern Territory offshore area; and

  (b)   is to be given access to any structure, vessel, aircraft or building in that region that, in that inspector's opinion, contains any equipment used to measure amounts of petroleum recovered from one or more of the Greater Sunrise unit reservoirs; and

  (c)   may inspect and test any equipment that, in that inspector's opinion, is being used in that region to measure amounts of petroleum recovered from one or more of the Greater Sunrise unit reservoirs.

Note:   A Greater Sunrise visiting inspector is a NOPSEMA inspector whose identity card identifies the inspector as such (see subsection   602(4)).

  (2)   A Greater Sunrise visiting inspector must not, in his or her capacity as such, exercise any other powers of a NOPSEMA inspector under the Regulatory Powers Act (as applied by this Division), or otherwise under this Act.

602J   Petroleum environmental laws--additional powers

    NOPSEMA and NOPSEMA inspectors have the powers and functions given by Schedule   2A in relation to the petroleum environmental laws.

602K   NOPSEMA inspections--titleholder's representative

Scope

  (1)   This section applies in relation to an inspection by a NOPSEMA inspector at offshore premises that is wholly or partly in relation to a titleholder's compliance with the titleholder's obligations.

Meaning of titleholder's representative

  (2)   For the purposes of this Act, a titleholder's representative is a person nominated by the titleholder under this section who is present at the offshore premises in compliance with a requirement imposed on the titleholder by paragraph   ( 5)(b).

Nomination of titleholder representative

  (3)   For the purposes of an inspection, a NOPSEMA inspector may, by written notice to the titleholder, require the titleholder to nominate a representative to be present at offshore premises at the time stated in the notice.

  (4)   Subsection   ( 3) does not imply that, if the titleholder is an individual, the nominated representative of the titleholder may not be that individual.

  (5)   The titleholder must:

  (a)   by written notice to the NOPSEMA inspector, nominate a representative as required by the notice under subsection   ( 3); and

  (b)   take all reasonably practicable steps to ensure that the nominated representative is present at the offshore premises at the time stated in the notice, and remains at the offshore premises after the stated time until no longer required for the purposes of the inspection.

Offence

  (6)   A person commits an offence of strict liability if:

  (a)   the person is subject to a requirement under subsection   ( 5); and

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

  (c)   the omission breaches the requirement.

Penalty:   50 penalty units.

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

Civil penalty

  (7)   A person who is subject to a requirement under subsection   ( 5) must comply with the requirement.

Civil penalty:   135 penalty units.

Definitions

  (8)   In this section:

"greenhouse gas title" means:

  (a)   a greenhouse gas assessment permit; or

  (b)   a greenhouse gas holding lease; or

  (c)   a greenhouse gas injection licence.

"inspection" means:

  (a)   an inspection under Part   2 or 3 of the Regulatory Powers Act, as applied by this Division; or

  (b)   a petroleum environmental inspection under Schedule   2A; or

  (c)   an OHS inspection under Part   4 of Schedule   3.

"offshore premises" means:

  (a)   a facility; or

  (b)   offshore petroleum premises within the meaning of Schedule   2A (which deals with inspections concerning petroleum environmental laws).

"petroleum title" : see section   600.

"titleholder" means the registered holder of:

  (a)   a petroleum title; or

  (b)   a greenhouse gas title.

"titleholder's obligations" means the obligations of a titleholder to comply with:

  (a)   for an inspection under Part   2 or 3 of the Regulatory Powers Act, as applied by this Division--a listed NOPSEMA law; or

  (b)   for a petroleum environmental inspection under Schedule   2A--a petroleum environmental law; or

  (c)   for an OHS inspection under Part   4 of Schedule   3:

  ( i )   clause   13A of Schedule   3 (petroleum titleholder duty of care); or

  (ii)   Part   5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations   2011 , to the extent that the Part relates to petroleum titles; or

  (iii)   clause   13B of Schedule   3 (greenhouse gas titleholder duty of care).

602L   Listed NOPSEMA laws--monitoring and investigation powers (relationship with other powers)

    The exercise or performance by a NOPSEMA inspector (or any other person) of a power or function under Part   2 or 3 of the Regulatory Powers Act, as it applies under this Division:

  (a)   does not prevent the inspector (or other person) from exercising or performing a power or function under any provision of this Act; and

  (b)   is not prevented by the exercise or performance by a NOPSEMA inspector (or any other person) of a power or function under any provision of this Act.

Note:   NOPSEMA inspectors may also exercise other powers under this Act. For example:

(a)   under section   602J and Schedule   2A, in relation to provisions of this Act that are petroleum environmental laws; and

(b)   under Part   6.8 and Schedule   3, in relation to provisions of this Act that are listed OHS laws.

7   Division   6 of Part   6.9 of Chapter   6

Repeal the Division.

8   At the end of Part   9.11

Add:

790A   Regulations dealing with the Regulatory Powers Act

    Regulations may:

  (a)   make a provision of a regulation a civil penalty provision (see Part   4 of the Regulatory Powers Act); and

  (b)   modify the Regulatory Powers Act as it applies in relation to a regulation.

Part   2 -- Petroleum environmental inspections

Offshore Petroleum and Greenhouse Gas Storage Act 2006

9   After Schedule   2

Insert: