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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE (REGULATORY LEVIES) ACT 2003 - SECT 7

Imposition of safety case levy--Commonwealth waters

  (1)   If:

  (a)   a safety case is in force in relation to a facility at any time during a year; and

  (b)   the facility is located, or proposed to be located, in Commonwealth waters;

levy is imposed on the safety case in respect of that year.

  (2)   Levy imposed by subsection   (1) is to be known as safety case levy .

  (3)   Safety case levy imposed by subsection   (1) is payable by:

  (a)   unless any of the following paragraphs apply--the operator of the facility; or

  (b)   if the facility is a pipeline subject to a pipeline licence and a remedial direction does not apply in relation to the pipeline at any time during the year--the licensee of the pipeline licence; or

  (c)   if the facility is a pipeline subject to a pipeline licence and a remedial direction applies in relation to the pipeline at any time during the year:

  (i)   the licensee of the pipeline licence; and

  (ii)   if the licensee is not subject to the remedial direction--the person who is subject to the remedial direction; or

  (d)   if the facility is not a pipeline that is subject to a pipeline licence but is a pipeline in relation to which a remedial direction is in force at any time during the year--the person who is subject to the remedial direction.

Note:   For collection of safety case levy, see section   687 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 .

Amount of safety case levy

  (4)   The amount of safety case levy imposed by subsection   (1) in respect of a year is the amount that is specified in, or worked out in accordance with, the regulations.

  (6)   The regulations may specify different amounts of safety case levy, or different means of working out amounts of safety case levy, in relation to different kinds of facilities, circumstances or any other matter.

  (7)   Subsection   (6) does not limit subsection   33(3A) of the Acts Interpretation Act 1901 .

Definitions

  (8)   In this section:

"facility" has the same meaning as in Schedule   3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 , and includes a proposed facility.

"operator" , in relation to a facility, has the same meaning as in Schedule   3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 .

"pipeline" has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 , and includes a pipeline that is:

  (a)   proposed to be constructed or operated; or

  (b)   being constructed.

"pipeline licence" has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 .

"proposed facility" has the same meaning as in Schedule   3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 .

"safety case in force in relation to a facility" has the meaning given by prescribed regulations, or a prescribed provision of regulations, made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 .



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