Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Act 2013

Prepared by the Office of Parliamentary Counsel, Canberra
Offshore Petroleum and Greenhouse Gas
Storage Amendment (Compliance
Measures) Act 2013
No. 11, 2013 as amended
Compilation start date: 18 July 2014
Includes amendments up to: Act No. 80, 2014
Includes uncommenced provisions: see subsection 2(1) (items 2 and 3)

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About this compilation
This compilation
This is a compilation of the Offshore Petroleum and Greenhouse Gas Storage
Amendment (Compliance Measures) Act 2013 as in force on 18 July 2014 . It
includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 30 July 2014 .
The notes at the end of this compilation (the endnotes ) include information
about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the
compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment is affected by an application,
saving or transitional provision that is not included in this compilation, details
are included in the endnotes.
Modifications
If a provisi on of the compiled law is affected by a modification that is in force,
details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have
effect in accordance with a provision of the law, details are included in the
endnotes.



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Contents
1 Short title ………………………….. ………………………….. ……………………… 1
2 Commencement ………………………….. ………………………….. …………….. 1
3 Schedule(s) ………………………….. ………………………….. …………………… 2
Schedule 1—Monitoring and investigation powers 3
Part 1—Application of the Regulatory Powers (Standard
Provisions) Act 2014 3
Offshore Petroleum an d Greenhouse Gas Storage Act 2006 3
Part 2—Petroleum environmental inspections 22
Offshore Petroleum and Greenhouse Gas Storage Act 2 006 22
Part 3—OHS inspections 42
Offshore Petroleum and Greenhouse Gas Storage Act 2006 42
Part 4—Consequential amendments 73
Division 1—General amendments 73
Offshore Petroleum and Greenhouse Gas Storage Act 2006 73
Division 2—NOPSEMA inspectors 76
Offshore Petroleum and Greenhouse Gas Storage Act 2006 76
Part 5—Transitional, application and savings provisions 78
Schedule 2—Offences and civil penalties 83
Part 1—Offences and civil penalty provisions 83
Offshore Petroleum and Greenhouse Gas Storage Act 2006 83
Part 2—Civil penalty enforcement 104
Offshore Petroleum and Greenhouse Gas Storage Act 2006 104
Part 3—Application and transitional 107
Schedule 3—Using and sharing information and things 108
Part 1—Amendments 108
Offshore Petroleum and Greenhouse Gas Storage Act 2006 108
Part 2—Application and transitional 113
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Schedule 4—Joint Authority for Tasmania 114
Part 1—Amendments 114
Offshore Petroleum and Greenhouse Gas Stora ge Act 2006 114
Part 2—Transitional 118
Endnotes 119
Endnote 1 —About the endnotes 119
Endnote 2 —Abbreviation key 121
Endnote 3 —Legislation history 122
Endnote 4 —Amendment history 123
Endnote 5 —Uncommenced amendments [none] 124
Endnote 6 —Modifications [none] 124
Endnote 7 —Misdescribed amendments [none] 124
Endnote 8 —Miscellaneous [none] 124
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Offshore Petroleum and Greenhouse Gas Storage Amendment
(Compliance Measures) Act 2013 1
An Act to amend the Offshore Petroleum and
Greenhouse Gas Storage Act 2006 , and for other
purposes
1 Short title
This Act may be cited as the Offshore Petroleum and G reenhouse
Gas Storage Amendment (Compliance Measures) Act 201 3.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with
column 2 of the table. Any other statement in column 2 has effect
according to its terms.

Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table The day this Act receives the Royal Assent . 14 March 2013
2. Schedule 1 The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
Parts 2 and 3 of the Regulatory Powers
(Standard Provisions) Act 2014 .
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur. 1 October 2014
(paragraph (b)
applies)
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Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
3. Schedule 2 The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
Part 4 of the Regulatory Powers
(Standard Provisions) Act 2014 .
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur. 1 October 2014
(paragraph (b)
applies)
4. Schedule s 3
and 4 The day after this Act receives the Royal
Assent. 15 March 2013
Note: This table relates only to the provisions of this Act as originally
enacted. It will not be amended to deal with any later amendments of
this Act.
(2) Any information in column 3 of the table is not part of this Act.
Information may be inserted in this column, or in formation in it
may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect
according to its terms.
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Schedule 1—Monitoring and investigation
powers
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 2013.
4 Part 6.5 (heading)
Repeal the heading, substitute:
Part 6.5—Compliance and enforcement
5 Section 599
Omit:
• NOPSEMA may appoint petroleum project inspectors, and the
petroleum project inspectors may exercise powers of access,
inspection and entr y for the purposes of this Act and the
regulations.
substitute:
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• The CEO may appoint inspectors (called NOPSEMA
inspectors ). The NOPSEMA inspectors may exercise powers
of entry, monitoring and investigation for the purposes of this
Act.
• The exercise of some of these powers is provided for under
Parts 2 and 3 of the Regulatory Powers Act. Those Parts of
that Act are applied by this Division with suitable
modifications.
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.
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601 Meaning of listed NOPSEMA law
(1) For t he 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‖:

Listed NOPSEMA laws
Item Provisions Topic
1 Chapter 2 Regulation of activities related to
petroleum
2 Chapter 4 Registration of transfers of, and
dealings in, petroleum titles
3 Sections 568 and 569 Works and operations obligations of
petroleum titleholders
4 Sections 571 and 572, to the extent
that the sections apply in relation to
petroleum titles Insurance and property obligations
of petroleum titleholders
5 Part 6.2 Directions relating to petroleum
6 Division 1 of Part 6.4 Remedial directions for petroleum
titleholders
7 Division 1 of Part 6.5 Compliance and enforcement —
listed NOPSEMA laws
8 Part 6.6 Safety zones and the area to be
avoided
9 Part 6.7, to the extent that the Part
applies in relation to petroleum titles Collection of fees and royalties
payable to the Titles Administrator
or the Commonwealth
10 Division 8 of Part 6.9 Collection of fees and levies payable
to NOPSEMA
11 Division 4 of Part 6.10, to the extent
that the Division applies in relation
to petroleum titles Collection of fees and levies payable
to the Titles Administrator
12 Chapter 7 Information relating to petroleum
13 Schedule 2A Petroleum environmental laws:
additional NOPSEMA inspection
powers
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Listed NOPSEMA laws
Item Provisions Topic
14 Schedule 3 Occupational health and safety
(applying to offshore petroleum
operations and offshore greenhouse
gas storage operations)
15 The provisions of the Offshore
Petroleum and Greenhouse Gas
Storage (Safety) Regulations 2009 Safety regulation (applying to
offshore petroleum operations and
offshore greenhouse gas storage
operations)
16 The provisions of the Offshore
Petroleum and Gree nhouse Gas
Storage (Environment)
Regulations 2009 , to the extent that
the regulations apply in relation to
petroleum titles Environment regulation
17 The provisions of Part 5 of the
Offshore Petroleum and Greenhouse
Gas Storage (Resource Management
and Administration)
Regulations 2011 , to the extent that
the Part applies in relation to
petroleum titles Structural integrity of petroleum
wells and well operations
18 The provisions of the Offshore
Petroleum and Greenhouse Gas
Storage (Resource Management a nd
Administration) Regulations 2011
(apart from Part 5), to the extent that
the regulations apply in relation to
petroleum titles Resource management and
administration
19 A provision of a legislative
instrument under this Act, if (and to
the extent that) it is prescribed by
regulation for the purposes of this
section As stated in the regulation
(2) A listed NOPSEMA law includes a requirement made under a
provision listed in the table in subsection (1).
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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 (subje ct 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.
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Powers etc. given by State or Territory PSLA
(5) In addition to the powers and functions given for the purposes of
this Act, a NOP SEMA 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
relatin g 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
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(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 wri tten
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 subsect ion (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 Regulato ry 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 sub ject 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).
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Related provisions
(3) For the purposes of Part 2 of the Regulatory Powers Act, each of
the following is related to the lis ted 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 rised 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 rised 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 subsect ion (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).
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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 Cir cuit 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 offsho re 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 perfor m 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
investiga tion
(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.
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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 con travened. 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 unde r this Act;
(c) a provision for an offence against the Crimes Act 1914 or the
Criminal Code that relates to this Act.
Autho rised applicant
(3) For the purposes of Part 3 of the Regulatory Powers Act, a
NOPSEMA inspector is an authorised applicant in rela tion to
evidential material that relates to an offence or civil penalty
provision mentioned in subsection (1).
Autho rised person
(4) For the purposes of Part 3 of the Regulatory Powers Act, a
NOPSEMA inspector is an authorised person in relation to
eviden tial 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
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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 evidenti al
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 R egulatory 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 .
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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 th is 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 re