Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 (117 of 2008)

Schedule 1   Amendments relating to greenhouse gas storage etc.

Offshore Petroleum Act 2006

288   After Part 6.5

Insert:

Part 6.5A - Delegation by responsible Commonwealth Minister

442B Delegation by responsible Commonwealth Minister

(1) The responsible Commonwealth Minister may, by writing, delegate any or all of his or her functions or powers under this Act or the regulations to:

(a) the Secretary of the Department; or

(b) an SES employee, or acting SES employee, in the Department.

Note: The expressions SES employee and acting SES employee are defined in section 17AA of the Acts Interpretation Act 1901.

(2) In performing functions or exercising powers under a delegation, the delegate must comply with any directions of the responsible Commonwealth Minister.

Note: See sections 34AA to 34A of the Acts Interpretation Act 1901.

(3) Subsection (1) does not apply to the responsible Commonwealth Minister's functions or powers under this Act or the regulations:

(a) as, or as a member of, the Joint Authority for an offshore area; or

(b) as the Designated Authority for an offshore area.

Part 6.5B - Public interest

442C Public interest

(1) A provision of this Act that requires the responsible Commonwealth Minister or the Joint Authority to have regard to the public interest in making a particular decision does not, by implication, prevent:

(a) the responsible Commonwealth Minister; or

(b) the Joint Authority; or

(c) the Designated Authority;

from having regard to the public interest when making any other decision under this Act.

(2) Subsection (1) is enacted for the avoidance of doubt.

Part 6.5C - Compensation for acquisition of property

442D Compensation for acquisition of property

(1) If the operation of this Act or the regulations would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

(3) In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.