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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE (REGULATORY LEVIES) ACT 2003 - SECT 10D

Imposition of well activity levy--State/Territory titles etc.

  (1)   If:

  (a)   any of the following subparagraphs applies:

  (i)   a person makes an application to NOPSEMA, under the regulations of a State or Territory that substantially correspond to prescribed regulations, or a prescribed provision of regulations, made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 , for acceptance of a well operations management plan;

  (ii)   a person makes an application to NOPSEMA, under regulations of a State or Territory that substantially correspond to Part   5 of the old Resource Management and Administration Regulations, for approval to commence an activity relating to a well;

  (iii)   a person makes an application to NOPSEMA, under the regulations of a State or Territory that substantially correspond to Part   5 of the old Resource Management and Administration Regulations, for acceptance of a well operations management plan;

  (iv)   a person submits to NOPSEMA, under a regulation of a State or Territory that substantially corresponds to a prescribed provision of regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 , a proposed revision of a well operations management plan; and

  (b)   the person is either:

  (i)   the registered holder of a State/Territory title; or

  (ii)   subject to a State/Territory remedial direction (other than as the registered holder of a State/Territory title);

levy is imposed on the application or submission.

  (2)   Levy imposed by subsection   (1) is to be known as well activity levy .

  (3)   Well activity levy imposed by subsection   (1) is payable by the person.

Amount of well activity levy

  (4)   The amount of well activity levy imposed by subsection   (1) on an application or submission is the amount that is specified in, or worked out in accordance with, the regulations.

Exemption

  (5)   If:

  (a)   at a particular time, a person makes an application to NOPSEMA, under the regulations of a State or Territory that substantially correspond to Part   5 of the old Resource Management and Administration Regulations, for approval to commence an activity relating to a well; and

  (b)   well activity levy is imposed by subsection   (1) on the application; and

  (c)   during the 6 - month period beginning at that time:

  (i)   the person makes another application under those regulations for approval to commence an activity relating to the well; or

  (ii)   another person who has become the registered holder of a State/Territory title makes an application under those regulations for approval to commence an activity relating to the well;

well activity levy is not imposed by subsection   (1) on the application referred to in subparagraph   (c)(i) or (ii), as the case may be.

Definitions

  (6)   In this section:

"Commonwealth greenhouse gas title" means:

  (a)   a greenhouse gas assessment permit; or

  (b)   a greenhouse gas holding lease; or

  (c)   a greenhouse gas injection licence.

"Commonwealth petroleum title" means:

  (a)   a petroleum exploration permit; or

  (b)   a petroleum retention lease; or

  (c)   a petroleum production licence.

"old Resource Management and Administration Regulations" means the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations   2011 , as in force before the commencement of the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Well Operations) Regulation   2015 .

"registered holder" , in relation to a State/Territory title, means the person whose name is shown in the Register kept under the relevant State PSLA or Territory PSLA as the holder of the title.

"State/Territory greenhouse gas title" means an instrument under a State PSLA or Territory PSLA that confers, in relation to the designated coastal waters of a State or Territory, some or all of the rights that a Commonwealth greenhouse gas title confers in relation to the offshore area of the State or Territory.

"State/Territory petroleum title" means an instrument under a State PSLA or Territory PSLA that confers, in relation to the designated coastal waters of a State or Territory, some or all of the rights that a Commonwealth petroleum title confers in relation to the offshore area of the State or Territory.

"State/Territory title" means:

  (a)   a State/Territory petroleum title; or

  (b)   a State/Territory greenhouse gas title.

 



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