Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019 (57 of 2019)

Schedule 1   Provisions commencing when new treaty comes into force

Part 18   Amendment of the Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 1   Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

125   After Part 9.10C

Insert:

Part 9.10D - Greater Sunrise special regime area

Division 1 - Bodies exercising Australia's rights and responsibilities

780M Bodies exercising Australia's rights and responsibilities relating to the Greater Sunrise special regime area

The following exercise Australia's rights and responsibilities relating to Petroleum Activities, within the meaning of the Timor Sea Maritime Boundaries Treaty, in the Greater Sunrise special regime area in accordance with the treaty:

(a) the Timorese Designated Authority;

(b) the Governance Board provided for by Annex B to the treaty;

(c) the Dispute Resolution Committee provided for by Annex B to the treaty.

Division 2 - Limits on Australian law in Greater Sunrise special regime area

780N Australian law subject to legislation made under the Timor Sea Maritime Boundaries Treaty

So far as a law of the Commonwealth, a State or a Territory applies in or in relation to the Greater Sunrise special regime area, the law has effect subject to the following:

(a) regulations issued by the Timorese Designated Authority under paragraph 3(n) or (o) of Article 6 of Annex B to the Timor Sea Maritime Boundaries Treaty (about protection of the marine environment in that area and occupational health and safety of persons employed on certain installations, structures and facilities in that area);

(b) the Interim Petroleum Mining Code and interim regulations for the purposes of that Code while they are in force under paragraph 1 of Article 11 of Annex B to the Timor Sea Maritime Boundaries Treaty;

(c) the final Petroleum Mining Code issued by the Governance Board under paragraph 2 of Article 11 of Annex B to the Timor Sea Maritime Boundaries Treaty.

Note: Laws of the Commonwealth do not apply in relation to an act, omission, matter or thing directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area unless there is a contrary intention: see section 13AB of the Seas and Submerged Lands Act 1973.

Division 3 - Declaration of Greater Sunrise pipeline international offshore area

780P Declaration of Greater Sunrise pipeline international offshore area

(1) If the responsible Commonwealth Minister is satisfied that a person proposes to construct a petroleum pipeline for conveying petroleum recovered from the Greater Sunrise special regime area to a place in Australia, the Minister may, by notifiable instrument, declare an area, through which the pipeline is proposed to extend, as the Greater Sunrise pipeline international offshore area.

(2) The area must:

(a) consist at least partly of an area in the Greater Sunrise special regime area; and

(b) adjoin (but not include any of) an offshore area of a State or Territory.

Note: Depending on the proposed route of the pipeline, the area may cover part of the continental shelf of Timor-Leste between an edge of the Greater Sunrise special regime area and the offshore area of a State or Territory.