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Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

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7119

2010-2011

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

 

 

(1)           Clause 2, page 3 (at the end of the table), add:

10.  Schedule 7

The day after this Act receives the Royal Assent.

[decisions, applications and notifications]

(2)           Schedule 2, page 83 (after line 21), after item 427, insert:

427A  Paragraph 656(1)(b)

Omit “4 or 6”, substitute “at least 5, and not more than 7,”.

[membership of NOPSEMA]

(3)           Page 147 (after line 31), at the end of the bill, add:

Schedule 7—Other amendments

 

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1  After subsection 478(2)

Insert:

          (2A)  The Titles Administrator must not approve the transfer of a title if the transferee, or any of the transferees, is the subject of a Commission of inquiry that is being conducted, or is to be conducted, by a person appointed under section 780A.

2  Application—transfer of title

The amendment made by item 1 of this Schedule applies in relation to Commissions of inquiry established on or after the commencement of that item, whether the application for a transfer of title was made before, on or after that commencement.

3  At the end of Part 9.1 of Chapter 9

Add:

747A  Decisions under this Act must not be the subject of certain declarations

                   A decision or class of decisions under this Act must not be:

(a)     specified as an action or a class of actions; or

(b)    accredited as a management arrangement or authorisation process;

for the purposes of a declaration under section 33 of the Environment Protection and Biodiversity Conservation Act 1999 .

Note:          Section 33 of the Environment Protection and Biodiversity Conservation Act 1999 allows a declaration to be made that certain environmental actions do not require approval under the Act.

4  Application—decisions under the Act

The amendment made by item 3 of this Schedule applies in relation to declarations made on or after the commencement of that item, whether the decision was made before, on or after that commencement.

5  Before section 780A

Insert:

780AA  Applications under this Act may be suspended while Commission of inquiry underway

             (1)  The Minister may suspend consideration of an application made under this Act by an entity if the entity is the subject of a Commission of inquiry that is being conducted, or is to be conducted, by a person appointed under section 780A.

             (2)  The suspension continues to have effect until the earlier of the following days:

                     (a)  the Commission of inquiry is completed;

                     (b)  the Minister revokes the suspension.

6  Application—suspension of applications

The amendment made by item 5 of this Schedule applies in relation to Commissions of inquiry established on or after the commencement of that item, whether the application was made before, on or after that commencement.

7  After Part 9.7 of Chapter 9

Insert:

Part 9.7A—Notification of vacated areas

 

777A  Notification of vacated areas

                   The Titles Administrator must notify the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 of all vacated areas as soon as practicable after the areas come into existence.

8  Application—notifications

The amendment made by item 7 of this Schedule applies in relation to vacated areas that come into existence on or after the commencement of that item.

[decisions, applications and notifications]