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Title: Schedule 2—Trailing liability
Database: Bills & Legislation

Long Title: a Bill for an Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for related purposes
Date: 26-05-2021 09:57 AM
Source: House of Reps
Parl No.: 46
Bill Number: 55/21
Bill Type: Government
Portfolio: Industry, Science, Energy and Resources
Reps Bill Code: O
Status: Act
System Id: legislation/bills/r6714_first-reps/0002

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Schedule 2—Trailing liability

Schedule 2 — Trailing liability

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Section 14

Repeal the section, substitute:

14 Vacated area for a permit, lease, licence or authority

(1) The following table sets out the vacated area for a permit, lease, licence or authority that has ceased to be in force, either in whole or in part.

Vacated area
Item	In the case of …	the vacated area is …
1	a petroleum exploration permit, petroleum retention lease or petroleum production licence that has expired	the permit area, lease area or licence area.
2	a petroleum exploration permit, petroleum retention lease or petroleum production licence that has been wholly revoked or partly revoked	the area constituted by the blocks as to which the permit, lease or licence was so revoked.
3	a petroleum exploration permit or petroleum production licence that has been wholly cancelled or partly cancelled	the area constituted by the blocks as to which the permit or licence was so cancelled.
4	a petroleum exploration permit or petroleum production licence that has been wholly surrendered or partly surrendered	the area constituted by the blocks as to which the permit or licence was so surrendered.
5	a petroleum retention lease that has been surrendered or cancelled	the lease area.
6	a petroleum production licence that has been terminated	the licence area.
7	an infrastructure licence that has been cancelled or terminated	the licence area.
8	an infrastructure licence that has been surrendered	the licence area.
9	a pipeline licence that has been wholly or partly terminated	the part of the offshore area in which the pipeline or the part of the pipeline was constructed.
10	a pipeline licence that has been wholly cancelled or partly cancelled	the part of the offshore area in which the pipeline or the part of the pipeline was constructed.
11	a pipeline licence that has been wholly or partly surrendered	the part of the offshore area in which the pipeline or the part of the pipeline was constructed.
12	a petroleum special prospecting authority that: (a) has been surrendered or cancelled; or (b) has expired	the authority area.
13	a petroleum access authority that: (a) has been revoked or surrendered; or (b) has expired	the authority area.
14	a greenhouse gas assessment permit that has expired	the permit area.
15	a greenhouse gas holding lease (other than a special greenhouse gas holding lease) that has expired	the lease area.
16	a greenhouse gas assessment permit that has been cancelled or surrendered	the permit area.
17	a greenhouse gas holding lease that has been cancelled or surrendered	the lease area.
18	a greenhouse gas injection licence that has been cancelled or terminated	the licence area.
19	a greenhouse gas injection licence that has been wholly or partly surrendered	the area constituted by the blocks as to which the licence was so surrendered.
20	a greenhouse gas search authority that: (a) has been surrendered or cancelled; or (b) has expired	the authority area.
21	a greenhouse gas special authority that: (a) has been revoked or surrendered; or (b) has expired	the authority area.

(2) To avoid doubt, an area for a permit, lease, licence or authority that has ceased to be in force is a vacated area for the permit, lease, licence or authority even if the title area (within the meaning of section 572) of another title overlaps, in whole or in part, that area.

2 Subparagraph 577(1)(a)(ii)

After “Chapter”, insert “(other than Part 6.3, section 587 or Division 2 of Part 6.4)”.

3 At the end of subsection 577(1)

Add:

Note: See sections 582A, 588, 589, 595A and 596A for action that may be taken if a direction is given under Part 6.3, section 587 or Division 2 of Part 6.4.

4 Paragraph 577A(1)(a)

After “Part”, insert “or section 586A”.

5 Subparagraph 578(2)(a)(ii)

After “Chapter”, insert “(other than Part 6.3 or Division 2 of Part 6.4)”.

6 Subparagraph 582A(1)(a)(i)

After “Part 6.2”, insert “, Division 1 of Part 6.4 or section 594A”.

7 At the end of subsection 582A(1)

Add:

Note: See sections 577, 588, 589, 595A and 596A for action that may be taken if a direction is given under Part 6.2, Division 1 of Part 6.4 or section 594A.

8 Subparagraph 583(1)(a)(ii)

After “Part 6.2”, insert “, Division 1 of Part 6.4 or section 593 or 595”.

9 At the end of subsection 583(1)

Add:

Note: See sections 577A, 590A, 596 and 597 for action that may be taken if a direction is given under Part 6.2, Division 1 of Part 6.4 or section 593 or 595.

10 Section 585

Omit “or former petroleum titleholders” (wherever occurring), substitute “, former petroleum titleholders or certain other persons”.

11 Section 586 (heading)

Repeal the heading, substitute:

586 Remedial directions in relation to permits, leases and licences that are in force—NOPSEMA

12 Subsection 586(2)

Omit “given to the registered holder of the permit, lease or licence, direct the holder”, substitute “given to a person referred to in subsection (2A), direct the person”.

13 Before subsection 586(3)

Insert:

(2A) The persons are:

(a) the registered holder of the permit, lease or licence; or

(b) a related body corporate of the registered holder of the permit, lease or licence; or

(d) a person who was a related body corporate of any former registered holder of the permit, lease or licence at the time the permit, lease or licence was in force; or

(e) a person to whom a determination under subsection (2B) applies.

(2B) The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:

(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the permit, lease or licence;

(b) whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person’s obligations under this Act;

(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the permit, lease or licence in relation to the operations authorised by the permit, lease or licence.

(2C) A determination under subsection (2B) is not a legislative instrument.

(2D) If a direction is given under subsection (2) to a person referred to in paragraph (2A)(b), (c), (d) or (e), NOPSEMA must give a copy of the direction to the registered holder of the permit, lease or licence as soon as practicable after the direction is given.

14 Section 586A (heading)

Repeal the heading, substitute:

586A Remedial directions in relation to permits, leases and licences that are in force—responsible Commonwealth Minister

15 Subsection 586A(2)

Omit “given to the registered holder of the permit, lease or licence, direct the holder”, substitute “given to a person referred to in subsection (2A), direct the person”.

16 Before subsection 586A(3)

Insert:

(2A) The persons are:

(a) the registered holder of the permit, lease or licence; or

(b) a related body corporate of the registered holder of the permit, lease or licence; or

(d) a person who was a related body corporate of any former registered holder of the permit, lease or licence at the time the permit, lease or licence was in force; or

(e) a person to whom a determination under subsection (2B) applies.

(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the permit, lease or licence;

(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the permit, lease or licence in relation to the operations authorised by the permit, lease or licence.

(2C) A determination under subsection (2B) is not a legislative instrument.

(2D) If a direction is given under subsection (2) to a person referred to in paragraph (2A)(b), (c), (d) or (e), the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease or licence as soon as practicable after the direction is given.

17 Section 587 (heading)

Repeal the heading, substitute:

587 Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force—NOPSEMA

18 Subsections 587(1) and (2)

Repeal the subsections, substitute:

Scope

(1) This section applies if any of the following permits, leases, licences or authorities (each of which is a title ) cease to be in force, in whole or in part:

(a) a petroleum exploration permit;

(b) a petroleum retention lease;

(d) an infrastructure licence;

(e) a pipeline licence;

(f) a petroleum special prospecting authority;

(g) a petroleum access authority.

Direction

(2) NOPSEMA may, by written notice given to a person referred to in subsection (2A), direct the person to do one or more of the following things within the period specified in the notice:

(a) to remove, or cause to be removed, from the vacated area all property (the relevant property ) brought into that area by any person engaged or concerned in the operations authorised by the title;

(b) to make arrangements that are satisfactory to NOPSEMA in relation to the relevant property;

(c) to plug or close off, to the satisfaction of NOPSEMA, all wells made in the vacated area by any person engaged or concerned in the operations authorised by the title;

(d) to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the vacated area;

(e) to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in the operations authorised by the title.

Note 1: A direction under this section has no effect to the extent of any inconsistency with a direction under section 587A: see subsection 587A(8).

Note 2: Breach of a direction may attract a criminal or civil penalty: see section 587B.

(2A) The persons are:

(a) if the title ceased to be in force in part:

(i) the registered holder of the title; or

(ii) a related body corporate of the registered holder of the title; or

(b) if the title ceased to be in force in whole or in part:

(i) any former registered holder of the title; or

(ii) a person who was a related body corporate of any former registered holder of the title at the time the title was in force; or

(iii) a person to whom a determination under subsection (2B) applies.

(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the title;

(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the title in relation to the operations authorised by the title.

(2C) A determination under subsection (2B) is not a legislative instrument.

(2D) If:

(a) a direction is given under subsection (2) to a person referred to in subparagraph (2A)(a)(ii) or (b)(i), (ii) or (iii); and

(b) the direction requires the person to take an action in, or in relation to, the title area (within the meaning of section 572) of a title that is in force;

NOPSEMA must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given.

19 Subsection 587(4)

Omit “(2)(b)”, substitute “(2)(c)”.

20 Subsection 587(5)

Omit “(2)(c)”, substitute “(2)(d)”.

21 Section 587A (heading)

Repeal the heading, substitute:

587A Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force—responsible Commonwealth Minister

22 Subsections 587A(1) and (2)

Repeal the subsections, substitute:

Scope

(1) This section applies if any of the following permits, leases, licences or authorities (each of which is a title ) cease to be in force, in whole or in part:

(a) a petroleum exploration permit;

(b) a petroleum retention lease;

(d) an infrastructure licence;

(e) a pipeline licence;

(f) a petroleum special prospecting authority;

(g) a petroleum access authority.

Direction

(2) The responsible Commonwealth Minister may, by written notice given to a person referred to in subsection (2A), direct the person to do one or more of the following things within the period specified in the notice:

(a) to plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the vacated area by any person engaged or concerned in the operations authorised by the title;

(b) to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the vacated area;

(c) to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in the operations authorised by the title;

so long as the direction is given for the purposes of:

(d) resource management; or

(e) resource security.

Note: Breach of a direction may attract a criminal or civil penalty: see section 587B.

(2A) The persons are:

(a) if the title ceased to be in force in part:

(i) the registered holder of the title; or

(ii) a related body corporate of the registered holder of the title; or

(b) if the title ceased to be in force in whole or in part:

(i) any former registered holder of the title; or

(ii) a person who was a related body corporate of any former registered holder of the title at the time the title was in force; or

(iii) a person to whom a determination under subsection (2B) applies.

(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the title;

(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the title in relation to the operations authorised by the title.

(2C) A determination under subsection (2B) is not a legislative instrument.

(2D) If:

(a) a direction is given under subsection (2) to a person referred to in subparagraph (2A)(a)(ii) or (b)(i), (ii) or (iii); and

(b) the direction requires the person to take an action in, or in relation to, the title area (within the meaning of section 572) of a title that is in force;

the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given.

23 Subsection 587B(6) (definition of remedial direction )

Repeal the definition (not including the notes), substitute:

remedial direction means a direction under any of the following provisions:

(a) section 586 (directions in relation to current titles—NOPSEMA direction);

(b) section 586A (directions in relation to current titles—responsible Commonwealth Minister direction);

(d) section 587A (directions in relation to titles that have ceased to be in force in whole or part—responsible Commonwealth Minister direction).

24 Subsection 589(5)

Omit “who is or was the registered holder of a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence, pipeline licence, petroleum special prospecting authority or petroleum access authority”, substitute “who is or was subject to the direction”.

25 At the end of section 590A

Add:

Recovery of costs and expenses

(3) Costs or expenses incurred by the responsible Commonwealth Minister under subsection (2) are:

(a) a debt due to the Commonwealth by the person who breached the direction or did not carry out the arrangement; and

(b) recoverable in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in relation to the matter.

26 Section 591

Omit “or former greenhouse gas titleholders”, substitute “, former greenhouse gas titleholders or certain other persons”.

27 Section 591B (heading)

Repeal the heading, substitute:

591B Remedial directions in relation to permits, leases and licences that are in force—NOPSEMA

28 Subsection 591B(2)

Omit “the registered holder of the permit, lease or licence, direct the holder”, substitute “a person referred to in subsection (2A), direct the person”.

29 Before subsection 591B(3)

Insert:

(2A) The persons are:

(a) the registered holder of the permit, lease or licence; or

(b) a related body corporate of the registered holder of the permit, lease or licence; or

(d) a person who was a related body corporate of any former registered holder of the permit, lease or licence at the time the permit, lease or licence was in force; or

(e) a person to whom a determination under subsection (2B) applies.

(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the permit, lease or licence;

(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the permit, lease or licence in relation to the operations authorised by the permit, lease or licence.

(2C) A determination under subsection (2B) is not a legislative instrument.

30 Section 592 (heading)

Repeal the heading, substitute:

592 Remedial directions in relation to permits, leases and licences that are in force—responsible Commonwealth Minister

31 Subsection 592(2)

Omit “the registered holder of the permit, lease or licence, direct the holder”, substitute “a person referred to in subsection (2A), direct the person”.

32 Before subsection 592(3)

Insert:

(2A) The persons are:

(a) the registered holder of the permit, lease or licence; or

(b) a related body corporate of the registered holder of the permit, lease or licence; or

(d) a person who was a related body corporate of any former registered holder of the permit, lease or licence at the time the permit, lease or licence was in force; or

(e) a person to whom a determination under subsection (2B) applies.

(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the permit, lease or licence;

(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the permit, lease or licence in relation to the operations authorised by the permit, lease or licence.

(2C) A determination under subsection (2B) is not a legislative instrument.

33 Section 594A (heading)

Repeal the heading, substitute:

594A Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force—NOPSEMA

34 Subsections 594A(1) and (2)

Repeal the subsections, substitute:

Scope

(1) This section applies if any of the following permits, leases, licences or authorities (each of which is a title ) cease to be in force, in whole or in part:

(a) a greenhouse gas assessment permit;

(b) a greenhouse gas holding lease;

(d) a greenhouse gas search authority;

(e) a greenhouse gas special authority.

Direction

(2) NOPSEMA may, by written notice given to a person referred to in subsection (2A), direct the person to do one or more of the following things within the period specified in the notice:

(b) to make arrangements that are satisfactory to NOPSEMA in relation to the relevant property;

(c) to plug or close off, to the satisfaction of NOPSEMA, all wells made in the vacated area by any person engaged or concerned in the operations authorised by title;

(d) to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the vacated area;

(e) to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in the operations authorised by the title.

(2A) The persons are:

(a) if the title ceased to be in force in part:

(i) the registered holder of the title; or

(ii) a related body corporate of the registered holder of the title; or

(b) if the title ceased to be in force in whole or in part:

(i) any former registered holder of the title; or

(ii) a person who was a related body corporate of any former registered holder of the title at the time the title was in force ; or

(iii) a person to whom a determination under subsection (2B) applies.

(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the title;

(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the title in relation to the operations authorised by the title.

(2C) A determination under subsection (2B) is not a legislative instrument.

(2D) If:

(a) a direction is given under subsection (2) to a person referred to in subparagraph (2A)(a)(ii) or (b)(i), (ii) or (iii); and

(b) the direction requires the person to take an action in, or in relation to, the title area (within the meaning of section 572) of a title that is in force;

NOPSEMA must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given.

35 Subsection 594A(4)

Omit “(2)(c)”, substitute “(2)(d)”.

36 Subsection 594A(5)

Omit “(2)(b)”, substitute “(2)(c)”.

37 Section 595 (heading)

Repeal the heading, substitute:

595 Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force—responsible Commonwealth Minister

38 Subsections 595(1) and (2)

Repeal the subsections, substitute:

Scope

(1) This section applies if any of the following permits, leases, licences or authorities (each of which is a title ) cease to be in force, in whole or in part:

(a) a greenhouse gas assessment permit;

(b) a greenhouse gas holding lease;

(d) a greenhouse gas search authority;

(e) a greenhouse gas special authority.

Direction

(b) to make arrangements that are satisfactory to the responsible Commonwealth Minister in relation to the relevant property;

(c) to plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the vacated area by any person engaged or concerned in the operations authorised by the title;

(d) to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the vacated area;

(e) to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in the operations authorised by the title;

so long as the direction is given for a purpose that relates to:

(f) resource management; or

(g) resource security; or

(h) decommissioning.

(2A) The persons are:

(a) if the title ceased to be in force in part:

(i) the registered holder of the title; or

(ii) a related body corporate of the registered holder of the title; or

(b) if the title ceased to be in force in whole or in part:

(i) any former registered holder of the title; or

(ii) a person who was a related body corporate of any former registered holder of the title at the time the title was in force; or

(iii) a person to whom a determination under subsection (2B) applies.

(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the title;

(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the title in relation to the operations authorised by the title.

(2C) A determination under subsection (2B) is not a legislative instrument.

(2D) If:

(a) a direction is given under subsection (2) to a person referred to in subparagraph (2A)(a)(ii), (b)(i), (b)(ii) or (b)(iii); and

(b) the direction requires the person to take an action in, or in relation to, the title area (within the meaning of section 572) of a title that is in force;

the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given.

39 Subsection 595(4)

Omit “(2)(c)”, substitute “(2)(d)”.

40 Subsection 595(5)

Omit “(2)(b)”, substitute “(2)(c)”.

41 Subsection 596A(7)

Repeal the subsection (not including the heading), substitute:

(7) If NOPSEMA incurs costs or expenses in relation to the doing of anything required by a direction under section 594A to be done by a person who is or was subject to the direction, the costs or expenses:

(a) are a debt due by the person to NOPSEMA; and

(b) to the extent to which they are not recovered under subsection (2)—are recoverable in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in relation to the matter.

42 Subsection 597(5)

Omit “a person who is or was the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority”, substitute “a person who is or was subject to the direction”.

43 At the end of Part 6.4 of Chapter 6

Add:

Division 3 — Obligations etc. if remedial direction is in force

598A Obligations etc. if remedial direction is in force

(1) This section applies if:

(a) a direction (a petroleum remedial direction ) is in force under section 586, 586A, 587 or 587A; or

(b) a direction (a greenhouse gas remedial direction ) is in force under section 591B, 592, 594A or 595.

(2) The following provisions apply as if a reference to a registered holder of a title, or to a titleholder, included a reference to a person who is subject to a petroleum remedial direction:

(a) section 569;

(b) section 571;

(d) Part 6.2;

(e) Part 6.5;

(f) Schedule 2A;

(g) Schedule 2B;

(h) clause 13A of Schedule 3;

(i) Part 4 of Schedule 3.

(3) The following provisions apply as if a reference to a petroleum activity included a reference to an activity carried out for the purpose of complying with a petroleum remedial direction:

(a) section 571, other than subsection 571(1);

(b) section 572C;

(4) The following provisions apply as if a reference to a registered holder of a title, or to a titleholder, included a reference to a person who is subject to a greenhouse gas remedial direction:

(a) section 570;

(b) section 571A;

(d) Part 6.5;

(e) Schedule 2A;

(f) Schedule 2B;

(g) clause 13B of Schedule 3;

(h) Part 4 of Schedule 3.

(5) The following table has effect:

Modifications of specified provisions if remedial direction is in force
Item	For the purposes of this Act, the following provisions …	apply as if …
1	Section 280	subsection (1) provided that that section also applied to a petroleum remedial direction and subsection (2) included a reference to a person carrying on activities in an offshore area for the purposes of complying with the direction.
2	Section 460	subsection (1) provided that that section also applied to a greenhouse gas remedial direction and subsection (2) included a reference to a person carrying on activities in an offshore area for the purposes of complying with the direction.
3	Section 571	subsection (1) provided that that section also applied to an activity carried out for the purpose of complying with a petroleum remedial direction and a reference to the time when a title is in force included a reference to the time when the direction is in force.
4	Section 571A	that section included the following subsection after subsection (1): (1A) The responsible Commonwealth Minister may direct a person subject to a greenhouse gas remedial direction to maintain insurance against: (a) expenses; or (b) liabilities; or (c) specified things; arising in connection with, or as a result of: (d) activities carried out for the purpose of complying with a greenhouse gas remedial direction; or (e) the doing of any other thing for the purpose of the greenhouse gas remedial direction; including insurance against expenses of complying with directions relating to the clean-up or other remediation of the effects of the escape of a greenhouse gas substance.
5	Section 572C	subsection (1) provided that that section also applied in the event of an escape of petroleum occurring as a result of, or in connection with, an activity carried out for the purpose of complying with a petroleum remedial direction.
6	Section 572J	that section included the following subsection after subsection (2): (2A) This Part also has the effect it would have if a reference to an escape of petroleum were expressly confined to an escape of petroleum occurring as a result of, or in connection with, an activity carried out for the purpose of a constitutional corporation complying with a petroleum remedial direction.
7	Section 574B	that section included the following subsections after subsection (2): (2A) A direction under this Division may require the person who is subject to a petroleum remedial direction to take an action (or not to take an action) anywhere in an offshore area. (2B) If a direction under this Division requires a person who is subject to a petroleum remedial direction to take an action in, or in relation to, the title area of a title, NOPSEMA must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given to the person.
8	Section 576A	the definition of *significant offshore petroleum incident* included a reference to a significant incident or occurrence that relates to the carrying out of activities in an offshore area for the purposes of complying with a petroleum remedial direction.
9	Section 576B	a reference to a title area included a reference to the area in which activities are being carried out for the purposes of complying with a petroleum remedial direction, and that section included the following subsections after subsection (6B): (7) If the direction requires a person who is subject to a petroleum remedial direction to take an action in, or in relation to, the title area of a title, NOPSEMA must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given to the person. (7A) If the direction requires a person who is subject to a petroleum remedial direction to take an action in, or in relation to, the area of: (a) a State/Territory petroleum exploration title held by another person; or (b) a State/Territory petroleum production title held by another person; or (c) a State/Territory petroleum retention title held by another person; or (d) a State/Territory petroleum infrastructure title held by another person; or (e) a State/Territory petroleum pipeline title held by another person; NOPSEMA must give a copy of the direction to the other person as soon as practicable after the direction is given to the person who is subject to the petroleum remedial direction.
10	Section 576G	that section included the following subsection after subsection (2): (2A) This Division also has the effect it would have if a reference to a significant offshore petroleum incident were expressly confined to a significant offshore petroleum incident that has occurred in the area in which activities are being carried out for the purposes of complying with a petroleum remedial direction, where the person subject to the direction is a constitutional corporation.
11	Division 2 of Part 6.3	a reference to a greenhouse gas matter included a reference to a matter that relates to activities carried out for the purposes of complying with a greenhouse gas remedial direction.
12	Section 580A	that section included the following subsections after subsection (2): (2A) A direction under this Division may require the person who is subject to a greenhouse gas remedial direction to take an action (or not to take an action) anywhere in an offshore area. (2B) If a direction under section 579A requires a person who is subject to a greenhouse gas remedial direction to take an action in, or in relation to, the title area of a title, NOPSEMA must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given to the person. (2C) If a direction under section 580 requires a person who is subject to a greenhouse gas remedial direction to take an action in, or in relation to, the title area of a title, the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given to the person.
13	Clause 2 of Schedule 2A	the definition of *regulated business premises* included the following paragraphs after paragraph (d): (e) eligible premises that are: (i) on land; and (ii) occupied by a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction; and (iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; or (f) eligible premises that are: (i) on land; and (ii) occupied by a related body corporate of a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction; and (iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; or (g) eligible premises that are: (i) on land; and (ii) occupied by a person who, under a contract, arrangement or understanding with a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction, has carried out, is carrying out, or is to carry out one or more activities for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and (iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and (iv) not used as a residence; or (h) eligible premises that are: (i) on land; and (ii) occupied by a person who, under a contract, arrangement or understanding with a related body corporate of a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction, has carried out, is carrying out, or is to carry out one or more activities for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and (iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and (iv) not used as a residence.
14	Clause 2A of Schedule 2A	that clause included the following subclauses: (7A) If: (a) a declaration under subclause (1) relates to an emergency that is attributable to an activity carried out for the purpose of complying with a petroleum remedial direction; and (b) the petroleum remedial direction requires the person to take an action in, or in relation to, the title area (within the meaning of section 572) of a title that is in force; NOPSEMA must give a copy of the declaration to the registered holder of the title as soon as practicable after the declaration is made. (14A) If: (a) a declaration under subclause (1) relates to an emergency that is attributable to an activity carried out for the purpose of complying with a petroleum remedial direction; and (b) the petroleum remedial direction requires the person to take an action in, or in relation to, the title area (within the meaning of section 572) of a title that is in force; and (c) the declaration is revoked under subclause (8); NOPSEMA must give a copy of the instrument of revocation to the registered holder of the title as soon as practicable after the instrument of revocation is made.
15	Clause 5 of Schedule 2A	a reference to operations conducted for the purposes of a petroleum title or a greenhouse gas title included a reference to activities carried out for the purpose of complying with a petroleum remedial direction or a greenhouse gas remedial direction.
16	Clause 7 of Schedule 2A	a reference to a petroleum title or a greenhouse gas title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.
17	Clause 8 of Schedule 2A	a reference to a petroleum title or a greenhouse gas title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.
18	Clause 9 of Schedule 2A	a reference to a petroleum title or a greenhouse gas title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.
19	Subclause 11(1) of Schedule 2A	that subclause included the following paragraph after paragraph (c): (d) in a case where the notice is issued to a person subject to a petroleum remedial direction or a greenhouse gas remedial direction that requires the person to take an action in, or in relation to the title area (within the meaning of section 572) of a title that is in force—the registered holder of the title.
20	Subclause 11B(2) of Schedule 2A	that subclause included the following paragraph after paragraph (c): (d) in a case where the notice is issued to a person subject to a petroleum remedial direction or a greenhouse gas remedial direction that requires the person to take an action in, or in relation to the title area (within the meaning of section 572) of a title that is in force—the registered holder of the title.
21	Clause 13 of Schedule 2A	a reference to a petroleum title or a greenhouse gas title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.
22	Clause 2 of Schedule 2B	the definition of *regulated business premises* included the following paragraphs after paragraph (d): (e) eligible premises that are: (i) on land; and (ii) occupied by a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction; and (iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; or (f) eligible premises that are: (i) on land; and (ii) occupied by a related body corporate of a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction; and (iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; or (g) eligible premises that are: (i) on land; and (ii) occupied by a person who, under a contract, arrangement or understanding with a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction, has carried out, is carrying out, or is to carry out one or more activities for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and (iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and (iv) not used as a residence; or (h) eligible premises that are: (i) on land; and (ii) occupied by a person who, under a contract, arrangement or understanding with a related body corporate of a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction, has carried out, is carrying out, or is to carry out one or more activities for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and (iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and (iv) not used as a residence.
23	Clause 5 of Schedule 2B	a reference to operations conducted for the purposes of a title included a reference to activities carried out for the purpose of complying with a petroleum remedial direction or a greenhouse gas remedial direction.
24	Clause 7 of Schedule 2B	a reference to a title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.
25	Clause 8 of Schedule 2B	a reference to a title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.
26	Clause 9 of Schedule 2B	a reference to a title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.
27	Subclause 11(1) of Schedule 2B	that subclause included the following paragraph after paragraph (b): (c) in a case where the notice is issued to a person subject to a petroleum remedial direction or a greenhouse gas remedial direction that requires the person to take an action in, or in relation to the title area (within the meaning of section 572) of a title that is in force—the registered holder of the title.
28	Clause 13 of Schedule 2B	that clause included the following subclause after subclause (2): (2A) If the notice is issued to a person subject to a petroleum remedial direction or a greenhouse gas remedial direction that requires the person to take an action in, or in relation to the title area (within the meaning of section 572) of a title that is in force, the NOPSEMA inspector must take reasonable steps to give a copy of the notice to the registered holder of that title as soon as practicable after issuing the notice.
29	Clause 18 of Schedule 2B	a reference to a title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.
30	Clause 13A of Schedule 3	a reference to operations authorised by a petroleum title included a reference to activities carried out for the purpose of complying with a petroleum remedial direction.
31	Clause 13B of Schedule 3	a reference to operations authorised by a greenhouse gas title included a reference to activities carried out for the purpose of complying with a greenhouse gas remedial direction.
32	Subclause 76A(2) of Schedule 3	that subclause included the following paragraph after paragraph (b): (c) in a case where the notice is issued to a person subject to a petroleum remedial direction or a greenhouse gas remedial direction that requires the person to take an action in, or in relation to the title area (within the meaning of section 572) of a title that is in force—the registered holder of the title.
33	Subclause 77A(2) of Schedule 3		that subclause included the following paragraph after paragraph (b): (c) in a case where the notice is issued to a person subject to a petroleum remedial direction or a greenhouse gas remedial direction that requires the person to take an action in, or in relation to the title area (within the meaning of section 572) of a title that is in force—the registered holder of the title.

(6) The regulations may provide that this Act has effect for the purposes of this section with any modifications that are prescribed.

(7) Without limiting subsection (6), the regulations may:

(a) prescribe additional provisions of this Act that:

(i) apply to persons who are subject to a petroleum remedial direction or a greenhouse gas remedial direction; or

(ii) do not apply to persons who are subject to a remedial direction; or

(iii) apply to persons subject to a remedial direction with modifications that are prescribed; or

(b) make further modifications of provisions already modified by subsections (2) to (5).

598B Consent to enter premises

If:

(a) a direction given under Division 1 or 2 of this Part requires a person to enter premises; and

(b) the person is not the occupier of the premises;

the direction applies only to the extent that the occupier consents to entry.

44 Section 780 (heading)

Repeal the heading, substitute:

780 Acquisition of property

45 After subsection 780(2)

Insert:

(2A) Despite subsection (1), the following sections have no effect to the extent (if any) to which their operation would result in the acquisition of property otherwise than on just terms:

(a) section 586;

(b) section 586A;

(d) section 587A;

(e) section 591B;

(f) section 592;

(g) section 594A;

(h) section 595.

46 Application and transitional provisions

(1) In this item:

Act means the O ffshore Petroleum and Greenhouse Gas Storage Act 2006 .

commencement means the commencement of this Schedule.

(2) The amendment of section 14 of the Act made by this Schedule applies in relation to permits, leases, licences and authorities that ceased to be in force, in whole or in part, on or after 1 January 2021.

(3) The amendments of sections 577, 577A, 578, 582A and 583 of the Act made by this Schedule apply in relation to directions given on or after commencement.

(4) A direction may be given after commencement under section 586, 586A, 591B and 592 of the Act, as amended by this Schedule, to a former registered holder of a permit, lease or licence only if the former registered holder ceased to hold the permit, lease or licence (in whole or in part) on or after 1 January 2021.

(5) A direction may be given after commencement under section 586, 586A, 591B or 592 of the Act, as amended by this Schedule, to a person who is or was a related body corporate of a former registered holder of a permit, lease or licence only if:

(a) the person was a related body corporate of the former registered holder at the time the permit, lease or licence was in force; and

(b) the former registered holder ceased to hold the permit, lease or licence (in whole or in part) on or after 1 January 2021.

(6) Subitem (7) applies if the responsible Commonwealth Minister proposes to make a written determination under any of the following subsections of the Act, as inserted by this Schedule, in relation to a person:

(a) subsection 586(2B);

(b) subsection 586A(2B);

(d) subsection 587A(2B);

(e) subsection 591B(2B);

(f) subsection 592(2B);

(g) subsection 594A(2B);

(h) subsection 595(2B).

(7) In deciding whether to make the determination, the responsible Commonwealth Minister must not have regard to the matters mentioned in those subsections to the extent the matters relate to circumstances or events that occurred before 1 January 2021.

(8) The amendments of sections 587, 587A, 594A and 595 of the Act made by this Schedule do not affect a direction given under those sections if notice of the direction was given before commencement.

(9) A direction may be given after commencement under section 587, 587A, 594A or 595 of the Act, as amended by this Schedule:

(a) if the direction is proposed to be given to the registered holder of a permit, lease, licence or authority that has ceased to be in force in part—only if the permit, lease, licence or authority ceased to be in force in part on or after 1 January 2021; and

(b) if the direction is proposed to be given to a related body corporate of the registered holder of a permit, lease, licence or authority that has ceased to be in force in part—only if the permit, lease, licence or authority ceased to be in force in part on or after 1 January 2021; and

(c) if the direction is proposed to be given to a former registered holder of a permit, lease, licence or authority—only if the former registered holder ceased to hold the permit, lease, licence or authority (in whole or in part) on or after 1 January 2021; and

(d) if the direction is proposed to be given to a person who is or was a related body corporate of a former registered holder of a permit, lease, licence or authority—only if:

(i) the person was a related body corporate of the former registered holder at the time the permit, lease, licence or authority was in force; and

(ii) the former registered holder ceased to hold the permit, lease, licence or authority (in whole or in part) on or after 1 January 2021.

(10) Subsection 590A(3) of the Act, as inserted by this Schedule, applies in relation to costs and expenses incurred after commencement, whether the direction was breached, or the arrangement had not been carried out, before or after that commencement.

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