OFFSHORE PETROLEUM ACT 2006 (NO. 14, 2006)

Commonwealth Numbered Acts

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OFFSHORE PETROLEUM ACT 2006 (NO. 14, 2006)

TABLE OF PROVISIONS

CHAPTER 1---Introduction

PART 1.1--LEGISLATIVE FORMALITIES AND BACKGROUND

1. Short title
2. Commencement
3. Simplified outline
4. Commonwealth-State agreement (the Offshore Constitutional Settlement)
5. Simplified maps

PART 1.2--INTERPRETATION

Division 1--General

6. Definitions
7. Offshore areas
8. Spaces above and below offshore areas
9. Term of titles
10. Renewal of titles
11. Variation of titles
12. Vacated area
13. Infrastructure facilities
14. Terminal station
15. Extended meaning of explore
16. Graticulation of Earth’s surface and constitution of blocks
17. External Territories
18. Application of Act
19. Certain pipelines provisions to apply subject to international obligations

Division 2--Datum provisions

Subdivision A--Datum for ascertaining the position of points etc

20. Objects
21. Definitions
22. Australian Geodetic Datum
23. Current datum, previous datum and changeover time
24. Use of current datum
25. Use of previous datum
26. Variation of titles and instruments
27. Variation of applications for titles
28. No change to actual position of point, line or area
29. Transitional regulations
30. International Seabed Agreements

Subdivision B--Certain points etc

31. Certain points etc. specified in an International Seabed Agreement to be ascertained by other means

Division 3--Apportionment of petroleum recovered from adjoining title areas

32. Title
33. Titleholder and title area
34. Petroleum recovered through inclined well
35. Petroleum pool straddling 2 title areas etc.
36. Petroleum pool straddling Commonwealth title area and State title area etc.
37. Unit development

PART 1.3--JOINT AUTHORITIES AND DESIGNATED AUTHORITIES

Division 1--Joint Authorities

38. Joint Authorities
39. Functions and powers of Joint Authorities
40. Procedure of Joint Authority
41. Decision-making
42. Opinion or state of mind of Joint Authority
43. Records of decisions of Joint Authority
44. Signing of documents
45. Communications with Joint Authority
46. Judicial notice of signature of member of a Joint Authority
47. Issue of documents, and service of notices, on behalf of Joint Authority
48. Delegation by a Joint Authority for a State or the Northern Territory
49. Delegation by Joint Authority for an external Territory

Division 2--Designated Authorities

50. Designated Authorities
51. Functions and powers of Designated Authorities
52. Delegation by Designated Authority
53. Judicial notice of signature of Designated Authority

Division 3--Finance

54. Payments by the Commonwealth to Western Australia—Royalty Act payments
55. Payments by the Commonwealth to the States and the Northern Territory
56. Appropriation

PART 1.4--APPLICATION OF STATE AND TERRITORY LAWS IN OFFSHORE AREAS

57. Simplified outline
58. Meaning of laws
59. Application of State and Territory laws in offshore areas
60. Disapplication and modification of laws
61. Limit on application of laws
62. Inconsistent law not applied
63. Criminal laws not applied
64. Tax laws not applied
65. Appropriation law not applied
66. Applied laws not to confer Commonwealth judicial power
67. Applied laws not to contravene constitutional restrictions on conferral of powers on courts
68. State or Northern Territory occupational health and safety laws do not apply in relation to facilities
69. Gas pipelines access legislation
70. No limits on ordinary operation of law
71. Jurisdiction of State courts
72. Jurisdiction of Territory courts
73. Validation of certain acts
74. Certain provisions not affected by this Part

CHAPTER 2---Regulation of activities relating to petroleum

PART 2.1--INTRODUCTION

75. Simplified outline

PART 2.2--EXPLORATION PERMITS

Division 1--General provisions

76. Simplified outline
77. Prohibition of unauthorised exploration for petroleum in offshore area
78. Rights conferred by exploration permit
79. Conditions of exploration permits
80. Duration of exploration permit
81. Extension of exploration permit if permittee applies for retention lease or production licence

Division 2--Obtaining a work-bid exploration permit

82. Application for work-bid exploration permit—advertising of blocks
83. Grant of work-bid exploration permit—offer document
84. Ranking of multiple applicants for work-bid exploration permit
85. Grant of work-bid exploration permit
86. Withdrawal of application
87. Effect of withdrawal or lapse of application

Division 3--Obtaining a cash-bid exploration permit

88. Application for cash-bid exploration permit
89. Grant of cash-bid exploration permit—only one application
90. Grant of cash-bid exploration permit—2 or more applications
91. Grant of cash-bid exploration permit
92. Extension of cash-bid exploration permit

Division 4--Obtaining a special exploration permit over a surrendered block or certain other blocks

93. Application for a special exploration permit over a surrendered block or certain other blocks
94. Grant of special exploration permit—only one application
95. Grant of special exploration permit—2 or more applications
96. Grant of special exploration permit

Division 5--Renewal of exploration permits

97. Application for renewal of exploration permit
98. Non-renewable cash-bid exploration permits
99. Limit on renewal of cash-bid exploration permits
100. Limits on renewal of work-bid exploration permits and special exploration permits
101. Standard halving rules
102. Modified halving rules
103. Renewal of exploration permit—offer document
104. Refusal to renew exploration permit
105. Renewal of exploration permit

Division 6--Locations

106. Simplified outline
107. Nomination of blocks as a location
108. Requirement to nominate blocks as a location
109. Declaration of location
110. Revocation of declaration
111. Variation of declaration

PART 2.3--RETENTION LEASES

Division 1--General provisions

112. Simplified outline
113. Rights conferred by retention lease
114. Conditions of retention leases
115. Duration of retention lease
116. Extension of retention lease if lessee applies for production licence

Division 2--Obtaining a retention lease

Subdivision A--Application for retention lease by the holder of an exploration permit

117. Application for retention lease by the holder of an exploration permit
118. Grant of retention lease—offer document
119. Refusal to grant retention lease
120. Grant of retention lease
121. Exploration permit ceases to be in force when retention lease comes into force
122. Exploration permit transferred—transferee to be treated as applicant

Subdivision B--Application for retention lease by the holder of a life-of-field production licence

123. Application for retention lease by the holder of a life-of-field production licence
124. Grant of retention lease—offer document
125. Refusal to grant retention lease
126. Grant of retention lease
127. Production licence ceases to be in force when retention lease comes into force
128. Production licence transferred—transferee to be treated as applicant

Division 3--Renewal of retention leases

129. Application for renewal of retention lease
130. Renewal of retention lease—offer document
131. Refusal to renew retention lease
132. Renewal of retention lease

Division 4--Revocation of retention leases

133. Notice of proposal to revoke retention lease
134. Revocation of retention lease

PART 2.4--PRODUCTION LICENCES

Division 1--General provisions

135. Simplified outline
136. Prohibition of unauthorised recovery of petroleum in offshore area
137. Rights conferred by production licence
138. Conditions of production licences
139. Duration of production licence
140. Termination of life-of-field production licence if no recovery operations for 5 years
141. Production licences to which the Royalty Act applies

Division 2--Obtaining a production licence as a result of an application made by an exploration permittee or a retention lessee

142. Application for production licence by permittee
143. Application period
144. Application for production licence by lessee
145. Offer document
146. Refusal to grant production licence
147. Grant of production licence
148. Exploration permit or retention lease ceases to be in force when production licence comes into force
149. Exploration permit or retention lease transferred—transferee to be treated as applicant

Division 3--Obtaining a cash-bid production licence over a surrendered block or similar block

150. Application for cash-bid production licence over surrendered blocks or similar blocks
151. Grant of cash-bid production licence—only one application
152. Grant of cash-bid production licence—2 or more applications
153. Grant of cash-bid production licence

Division 4--Obtaining production licences over individual blocks

154. Applications for production licences over individual blocks
155. Grant of production licences over individual blocks

Division 5--Renewal of fixed-term production licences

156. Application for renewal of fixed-term production licence
157. Renewal of fixed-term production licence—offer document
158. Refusal to renew fixed-term production licence
159. Renewal of fixed-term production licence

Division 6--What happens if a block is not taken up

160. Revocation of exploration permit or retention lease to the extent to which it relates to a block not taken up

Division 7--Petroleum field development

Subdivision A--Directions about the recovery of petroleum

161. Direction to recover petroleum
162. Directions about the rate of recovery of petroleum

Subdivision B--Unit development

163. Unit development

PART 2.5--INFRASTRUCTURE LICENCES

Division 1--General provisions

164. Simplified outline
165. Prohibition of unauthorised construction or operation of an infrastructure facility in an offshore area
166. Rights conferred by an infrastructure licence
167. Conditions of infrastructure licences
168. Duration of infrastructure licence
169. Termination of infrastructure licence if no operations for 5 years

Division 2--Obtaining an infrastructure licence

170. Application for infrastructure licence
171. Grant of infrastructure licence—offer document
172. Refusal to grant infrastructure licence
173. Grant of infrastructure licence
174. Consultation—grant of infrastructure licence

Division 3--Varying an infrastructure licence

175. Application for variation of infrastructure licence
176. Variation of infrastructure licence
177. Consultation—variation of infrastructure licence

PART 2.6--PIPELINE LICENCES

Division 1--General provisions

178. Simplified outline
179. Prohibition of unauthorised construction or operation of a pipeline in an offshore area
180. Rights conferred by pipeline licence
181. Conditions of pipeline licences
182. Duration of pipeline licence
183. Termination of pipeline licence if no operations for 5 years
184. Alteration or removal of pipeline constructed in breach of this Act

Division 2--Obtaining a pipeline licence

185. Application for pipeline licence
186. Rights of production licensees following application for pipeline licences by other persons
187. Grant of pipeline licence—offer document
188. Refusal to grant pipeline licence
189. Grant of pipeline licence

Division 3--Varying a pipeline licence

190. Variation of pipeline licence on application by licensee
191. Variation of pipeline licence at the request of a Minister or a statutory body

Division 4--Pipeline operation

192. Common carrier
193. Ceasing to operate pipeline without consent

PART 2.7--SPECIAL PROSPECTING AUTHORITIES

Division 1--General provisions

194. Simplified outline
195. Rights conferred by special prospecting authority
196. Conditions of special prospecting authorities
197. Duration of special prospecting authority
198. Special prospecting authority cannot be transferred

Division 2--Obtaining a special prospecting authority

199. Application for special prospecting authority
200. Grant or refusal of special prospecting authority
201. Holders to be informed of the grant of another special prospecting authority

PART 2.8--ACCESS AUTHORITIES

Division 1--General provisions

202. Simplified outline
203. Rights conferred by access authority
204. Conditions of access authorities
205. Duration of access authority

Division 2--Obtaining an access authority

206. Application for access authority
207. Grant or refusal of access authority
208. Consultation—grant of access authority in same offshore area
209. Consultation—approval of grant of access authority in adjoining offshore area

Division 3--Variation of access authorities

210. Variation of access authority
211. Consultation—variation of access authority in same offshore area
212. Consultation—approval of variation of access authority in adjoining offshore area

Division 4--Reporting obligations of holders of access authorities

213. Reporting obligations of holders of access authorities

Division 5--Revocation of access authorities

214. Revocation of access authority

PART 2.9--SCIENTIFIC INVESTIGATION CONSENTS

215. Simplified outline
216. Rights conferred by scientific investigation consent
217. Conditions of scientific investigation consents
218. Grant of scientific investigation consent

PART 2.10--STANDARD PROCEDURES

219. Application to be made in an approved manner
220. Application fee
221. Application may set out additional matters
222. Designated Authority may require further information
223. Offer documents
224. Acceptance of offer—request by applicant
225. Acceptance of offer—payment
226. Consultation—adverse decisions

PART 2.11--VARIATION, SUSPENSION AND EXEMPTION

Division 1--Variation, suspension and exemption decisions relating to exploration permits, retention leases, production licences, infrastructure licences and pipeline licences

227. Variation, suspension and exemption—conditions of titles
228. Extension of term of exploration permit or retention lease—suspension or exemption
229. Suspension of rights—exploration permit or retention lease
230. Extension of term of exploration permit or retention lease—suspension of rights

Division 2--Variation, suspension and exemption decisions relating to special prospecting authorities and access authorities

231. Variation, suspension and exemption—conditions of special prospecting authorities and access authorities

PART 2.12--SURRENDER OF TITLES

Division 1--Surrender of exploration permits, production licences, retention leases, infrastructure licences and pipeline licences

232. Application for consent to surrender title
233. Consent to surrender title
234. Surrender of title

Division 2--Surrender of special prospecting authorities and access authorities

235. Surrender of special prospecting authority
236. Surrender of access authority

PART 2.13--CANCELLATION OF TITLES

Division 1--Cancellation of exploration permits, production licences, retention leases, infrastructure licences and pipeline licences

237. Grounds for cancellation of title
238. Cancellation of title
239. Consultation
240. Cancellation of title not affected by other provisions

Division 2--Cancellation of special prospecting authorities

241. Cancellation of special prospecting authority

PART 2.14--OTHER PROVISIONS

242. Reservation of blocks
243. Interference with other rights
244. No conditions about payment of money
245. Certain portions of blocks to be blocks
246. Changes to, or reassessment of the location of, the baseline of Australia’s territorial sea
247. Notification of discovery of petroleum
248. Property in petroleum
249. Compensation for acquisition of property

CHAPTER 3---Registration and dealings

PART 3.1--INTRODUCTION

250. Simplified outline
251. Definition
252. Dealing—series of debentures

PART 3.2--REGISTER OF TITLES AND SPECIAL PROSPECTING AUTHORITIES

253. Register to be kept
254. Entries in Register—general
255. Entry in Register—cessation, revocation or expiry of title

PART 3.3--TRANSFER OF TITLES

256. Approval and registration of transfers
257. Application for approval of transfer
258. Documents to accompany application
259. Time limit for application
260. Date of application to be entered in Register
261. Approval of transfer
262. Registration of transfer
263. Instrument of transfer does not create an interest in the title
264. Limit on effect of approval of transfers

PART 3.4--DEVOLUTION OF TITLE

265. Application to have name entered on the Register as the holder of a title
266. Entry of name in the Register

PART 3.5--CHANGE IN NAME OF COMPANY

267. Application to have new name entered on the Register
268. Alteration in the Register

PART 3.6--DEALINGS RELATING TO EXISTING TITLES

269. Dealings to which this Part applies
270. Approval and registration of dealings
271. Application for approval of dealing
272. Documents to accompany application
273. Timing of application
274. Application date to be entered in Register
275. Approval of dealing
276. Entry of dealing in Register
277. Retention, inspection and return of instruments
278. Strict compliance with application provisions not required
279. Limit on effect of approval of dealing

PART 3.7--DEALINGS IN FUTURE INTERESTS

280. Provisional application for approval of dealing
281. Documents to accompany provisional application
282. Timing of provisional application
283. Provisional application to be treated as an application under section 271 when title comes into existence
284. Limit on approval of dealing

PART 3.8--CORRECTION AND RECTIFICATION OF REGISTER

285. Corrections of clerical errors or obvious defects
286. General power of correction of Register
287. Rectification of Register

PART 3.9--INFORMATION-GATHERING POWERS

288. Designated Authority may obtain information from applicants
289. Designated Authority may obtain information from a party to an approved dealing
290. Production and inspection of documents
291. Designated Authority may retain documents

PART 3.10--OTHER PROVISIONS

292. Designated Authority etc. not concerned with the effect of instrument lodged under this Chapter
293. True consideration to be shown
294. Making a false entry in a Register
295. Falsified documents
296. Inspection of Register and instruments
297. Evidentiary provisions
298. Assessment of fee

CHAPTER 4---Administration

PART 4.1--OPERATIONS

299. Simplified outline
300. Commencement of works or operations
301. Work practices
302. Insurance
303. Maintenance and removal of property etc. by titleholder

PART 4.2--DIRECTIONS

Division 1--Simplified outline

304. Simplified outline

Division 2--General power to give directions

305. General power to give directions
306. Notification of a direction that has an extended application
307. Compliance with direction

Division 3--Designated Authority may take action if there is a breach of a direction

308. Designated Authority may take action if there is a breach of a direction

Division 4--Defence of taking reasonable steps to comply with a direction

309. Defence of taking reasonable steps to comply with a direction

PART 4.3--RESTORATION OF THE ENVIRONMENT

310. Simplified outline
311. Remedial directions to current holders of permits, leases and licences
312. Remedial directions to former holders of permits, leases, licences and authorities etc.
313. Designated Authority may take action if a direction has been breached
314. Removal, disposal or sale of property by Designated Authority—breach of direction
315. Removal, disposal or sale of property—limitation of action etc.
316. Removal, disposal or sale of property—compensation for acquisition of property

PART 4.4--OFFENCES AND ENFORCEMENT

317. Simplified outline
318. Appointment of project inspectors
319. Monitoring powers of project inspectors
320. Warrants to enter residential premises
321. Interfering with offshore petroleum installations or operations
322. Forfeiture orders etc.
323. Time for bringing proceedings for offences

PART 4.5--SAFETY ZONES AND THE AREA TO BE AVOIDED

Division 1--Introduction

324. Simplified outline
325. Simplified map of the area to which Schedule 2 applies
326. Definitions
327. Emergency periods—modification of definition of relevant vessel
328. Authorised persons

Division 2--Safety zones

329. Safety zones

Division 3--Unauthorised vessel not to enter area to be avoided

330. Designated Authority may authorise entry into area to be avoided
331. Unauthorised vessel not to enter area to be avoided

Division 4--Powers of authorised persons

332. Requirement to move vessel etc.
333. Other powers of authorised persons
334. Warrants
335. Exercise of powers in serious circumstances

PART 4.6--COLLECTION OF FEES AND ROYALTIES

Division 1--Fees payable under the Annual Fees Act

336. When fee due for payment
337. Late payment penalty
338. Recovery of annual fee debts
339. Amounts payable to the Designated Authority

Division 2--Fees payable under the Registration Fees Act

340. Fees payable to the Designated Authority

Division 3--Royalties payable under the Royalty Act

341. When royalty due for payment
342. When adjusted amount due for payment
343. Late payment penalty
344. Recovery of royalty debts
345. Amounts payable to the Designated Authority

Division 4--Fees payable under this Act

346. Fees payable under this Act

PART 4.7--OCCUPATIONAL HEALTH AND SAFETY

347. Occupational health and safety
348. Listed OHS laws
349. Regulations relating to occupational health and safety
350. Commonwealth maritime legislation does not apply in relation to facilities located in offshore areas
351. Commonwealth maritime legislation does not apply in relation to facilities located in designated coastal waters

PART 4.8--NATIONAL OFFSHORE PETROLEUM SAFETY AUTHORITY

Division 1--Introduction

352. Simplified outline
353. Definitions
354. Designated coastal waters

Division 2--Establishment, functions and powers of the Safety Authority

355. Establishment of the National Offshore Petroleum Safety Authority
356. Safety Authority’s functions
357. Policy principles
358. Safety Authority’s ordinary powers
359. References to functions and powers of the Safety Authority
360. Safety Authority may be given additional powers in certain circumstances
361. Power to refer matters to NOGSAC
362. Safety Authority is a body corporate

Division 3--National Offshore Petroleum Safety Authority Board

Subdivision A--Establishment, functions and membership

363. Establishment of Board
364. Functions of the Board
365. Powers of the Board
366. Membership

Subdivision B--Board procedures

367. Board procedures

Subdivision C--Terms and conditions for Board members

368. Term of appointment and related matters for Board members
369. Remuneration and allowances of Board members
370. Leave of absence of Board members
371. Resignation of Board members
372. Termination of appointment of Board members
373. Other terms and conditions of Board members
374. Acting Board members

Division 4--Chief Executive Officer and staff of the Safety Authority

375. Appointment of the CEO
376. Duties of the CEO
377. Working with the Board
378. Remuneration and allowances of the CEO
379. Leave of absence of the CEO
380. Resignation of the CEO
381. Notification of possible conflict of interest by CEO
382. Termination of CEO’s appointment
383. Other terms and conditions
384. Acting appointments
385. Delegation by CEO
386. Staff of the Safety Authority
387. Consultants and persons seconded to the Safety Authority

Division 5--Corporate plans

388. Corporate plans
389. Responsible Commonwealth Minister’s response to corporate plan

Division 6--OHS inspectors

390. Appointment of OHS inspectors
391. Identity cards

Division 7--National Offshore Petroleum Safety Account

392. National Offshore Petroleum Safety Account
393. Credits to the Account
394. Purposes of the Account

Division 8--Other financial matters

395. Fees for expenses incurred by the Safety Authority
396. Safety investigation levy
397. Safety case levy
398. Pipeline safety management plan levy
399. Liability to taxation

Division 9--Miscellaneous

400. Annual reports
401. Ministers may require the Safety Authority to prepare reports or give information
402. Responsible Commonwealth Minister may give directions to the Safety Authority
403. Prosecutions by the Director of Public Prosecutions under mirror provisions
404. Australian Industrial Relations Commission may exercise powers under mirror provisions
405. Reviews of operations of Safety Authority

CHAPTER 5---Information

PART 5.1--DATA MANAGEMENT AND GATHERING OF INFORMATION

Division 1--Introduction

406. Simplified outline

Division 2--Data management

407. Direction to keep records
408. Regulations about data management

Division 3--Information-gathering powers

409. Designated Authority or project inspector may obtain information and documents
410. Copying documents—reasonable compensation
411. Power to examine on oath or affirmation
412. Self-incrimination
413. Copies of documents
414. Designated Authority or project inspector may retain documents
415. False or misleading information
416. False or misleading documents
417. False or misleading evidence

PART 5.2--RELEASE OF REGULATORY INFORMATION

418. Notifiable events—Gazette notice
419. Designated Authority to make documents available to responsible Commonwealth Minister

PART 5.3--RELEASE OF TECHNICAL INFORMATION

Division 1--Introduction

420. Simplified outline
421. Definitions

Division 2--Protection of confidentiality of information and samples

Subdivision A--Information and samples obtained by the Designated Authority

422. Protection of confidentiality of documentary information obtained by the Designated Authority
423. Protection of confidentiality of petroleum mining samples obtained by the Designated Authority
424. Designated Authority may make information or samples available to a Minister, a State Minister or a Northern Territory Minister

Subdivision B--Information and samples obtained by a Minister

425. Protection of confidentiality of information obtained by a Minister
426. Protection of confidentiality of petroleum mining samples obtained by a Minister

Subdivision C--Miscellaneous

427. Fees
428. Review by Minister
429. Privacy Act

Division 3--Copyright

430. Publishing or making copies of applicable documents not an infringement of copyright

Division 4--Release of technical information given to the Designated Authority before 7 March 2000

431. Release of technical information given to the Designated Authority before 7 March 2000

CHAPTER 6---Miscellaneous

PART 6.1--RECONSIDERATION AND REVIEW OF DECISIONS

432. Simplified outline
433. Definitions
434. Reconsideration of reviewable delegated decision
435. Review of reviewable Ministerial decision

PART 6.2--LIABILITY FOR ACTS AND OMISSIONS

436. Liability for acts and omissions

PART 6.3--JURISDICTION OF COURTS

437. Jurisdiction of State courts
438. Jurisdiction of Territory courts

PART 6.4--SERVICE OF DOCUMENTS

439. Service of documents
440. Service of documents on Joint Authority
441. Service of documents on 2 or more registered holders of a title

PART 6.5--PUBLICATION IN GAZETTE

442. Publication in Gazette

PART 6.6--REGULATIONS

443. Regulations
444. Regulations dealing with specific matters
445. Regulations may provide for matters by reference to codes of practice or standards
446. Unconditional or conditional prohibition
447. Exercise of Australia’s rights under international law—continental shelf
448. Exercise of Australia’s rights under international law—petroleum within territorial limits
449. Offences

PART 6.7--TRANSITIONAL PROVISIONS

450. Transitional provisions
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6

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