Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 (117 of 2008)
Schedule 1 Amendments relating to greenhouse gas storage etc.
Offshore Petroleum Act 2006
216 Before section 323
Insert:
Division 2 - greenhouse gas
316-317 Simplified outline
The following is a simplified outline of this Division:
* The responsible Commonwealth Minister may appoint greenhouse gas project inspectors, and the greenhouse gas project inspectors may exercise powers of access, inspection and entry for the purposes of this Act and the regulations.
* A person must not interfere with greenhouse gas installations or operations.
* A court may make a forfeiture order in relation to property used in the commission of an offence.
316-318 Appointment of greenhouse gas project inspectors
Appointment
(1) The responsible Commonwealth Minister may, by writing, appoint a person to be a greenhouse gas project inspector if:
(a) the person is an officer, or employee, of:
(i) the Commonwealth, a State or a Territory; or
(ii) an authority of the Commonwealth, a State or a Territory; or
(b) the person is not covered by paragraph (a), but the responsible Commonwealth Minister is satisfied that the person has the knowledge, skills and experience to be a greenhouse gas project inspector.
Identity cards
(2) The responsible Commonwealth Minister must issue an identity card to a greenhouse gas project inspector. The identity card must contain a recent photograph of the greenhouse gas project inspector.
(3) A person commits an offence if:
(a) the person has been issued with an identity card; and
(b) the person ceases to be a greenhouse gas project inspector; and
(c) the person does not immediately return the identity card to:
(i) the responsible Commonwealth Minister; or
(ii) if the responsible Commonwealth Minister, by written notice given to the person, specifies another person to whom the card is to be returned - that other person.
Penalty: 5 penalty units.
(4) Subsection (3) does not apply if the identity card was lost or destroyed.
Note: The defendant bears an evidential burden in relation to the matter in subsection (4) - see subsection 13.3(3) of the Criminal Code.
(5) A greenhouse gas project inspector must carry the identity card at all times when exercising powers, or performing functions, under this Act or the regulations as a greenhouse gas project inspector.
316-319 Monitoring powers of greenhouse gas project inspectors
Powers
(1) For the purposes of this Act and the regulations, a greenhouse gas project inspector may, at all reasonable times and on production of the greenhouse gas project inspector's identity card, exercise the powers conferred by subsection (2).
(2) The powers a greenhouse gas project inspector may exercise under this section are as follows:
(a) to have access to any part of an offshore area;
(b) to have access to any structure, vessel, aircraft or building in an offshore area that the greenhouse gas project inspector has reasonable grounds to believe has been, is being or is to be used in connection with any of the following operations in an offshore area:
(i) operations relating to exploration for a potential greenhouse gas storage formation or a potential greenhouse gas injection site;
(ii) operations relating to the injection of a greenhouse gas substance into the seabed or subsoil;
(iii) operations relating to the storage of a greenhouse gas substance in the seabed or subsoil;
(iv) operations relating to the processing, compression or pre-injection storage of a greenhouse gas substance;
(v) operations relating to the preparation of a greenhouse gas substance for transport;
(c) to inspect and test any equipment that the greenhouse gas project inspector has reasonable grounds to believe has been, is being or is to be used in an offshore area in connection with any of those operations;
(d) to enter any structure, vessel, aircraft, building or place that is in:
(i) an offshore area; or
(ii) a State or Territory;
and in which the greenhouse gas project inspector has reasonable grounds to believe there are any documents relating to any of those operations, and to inspect, take extracts from and make copies of any of those documents.
Residential premises
(3) A greenhouse gas project inspector may exercise powers under paragraph (2)(d) to enter residential premises in a State or Territory only:
(a) in accordance with a warrant issued under section 316-320; or
(b) after obtaining the consent of the occupier of the premises.
(4) If:
(a) a greenhouse gas project inspector enters residential premises in accordance with a warrant issued under section 316-320; and
(b) the occupier of the premises is present at the premises;
the greenhouse gas project inspector must make available to the occupier a copy of the warrant or a copy of the form of the warrant.
(5) Before obtaining the consent of a person as mentioned in paragraph (3)(b), a greenhouse gas project inspector must inform the person that the person may refuse consent.
(6) A consent of a person is not effective for the purposes of subsection (3) unless the consent is voluntary.
Facilities and assistance to be provided by occupier or person in charge
(7) A person who is:
(a) the occupier or person in charge of any building, structure or place referred to in subsection (2); or
(b) the person in charge of any vessel, aircraft or equipment referred to in subsection (2);
must provide a greenhouse gas project inspector with all reasonable facilities and assistance for the effective exercise of the greenhouse gas project inspector's powers under this section.
(8) A person commits an offence if:
(a) the person is subject to a requirement under subsection (7); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 50 penalty units.
Obstructing or hindering a greenhouse gas project inspector
(9) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct obstructs or hinders a greenhouse gas project inspector in the exercise of the greenhouse gas project inspector's powers under this section.
Penalty: 50 penalty units.
(10) Subsection (9) does not apply if the person has a reasonable excuse.
Note 1: The defendant bears an evidential burden in relation to the matter in subsection (10) - see subsection 13.3(3) of the Criminal Code.
Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).
Note 3: The same conduct may be an offence against both subsection (9) of this section and section 149.1 of the Criminal Code.
316-320 Warrants to enter residential premises
(1) A greenhouse gas project inspector may apply to a Magistrate for a warrant authorising the greenhouse gas project inspector, with such assistance as the greenhouse gas project inspector thinks necessary, to exercise the power referred to in paragraph 316-319(2)(d) in relation to particular residential premises.
(2) The application must be supported by an information on oath or affirmation that sets out the grounds on which the greenhouse gas project inspector is applying for the warrant.
(3) If the Magistrate is satisfied that there are reasonable grounds for issuing the warrant, the Magistrate may issue the warrant.
(4) A warrant issued under subsection (3) must state:
(a) the name of the greenhouse gas project inspector; and
(b) whether the inspection may be carried out at any time or only during specified hours of the day; and
(c) the day on which the warrant ceases to have effect; and
(d) the purposes for which the warrant is issued.
(5) The day specified under paragraph (4)(c) is not to be more than 7 days after the day on which the warrant is issued.
(6) The purposes specified under paragraph (4)(d) must include the identification of the premises in relation to which the warrant is issued.
316-321 Interfering with greenhouse gas installations or operations
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the person's conduct results in:
(i) damage to, or interference with, any structure or vessel that is in an offshore area and that is, or is to be, used in greenhouse gas operations in an offshore area; or
(ii) damage to, or interference with, any equipment on, or attached to, such a structure or vessel; or
(iii) interference with any operations or activities being carried out, or any works being executed, on, by means of, or in connection with, such a structure or vessel.
Penalty: Imprisonment for 10 years.
(2) In this section:
greenhouse gas operations means:
(a) operations relating to exploration for a potential greenhouse gas formation or a potential greenhouse gas injection site; or
(b) operations relating to the injection of a greenhouse gas substance into the seabed or subsoil; or
(c) operations relating to the storage of a greenhouse gas substance in the seabed or subsoil; or
(d) operations relating to the processing, compression or pre-injection storage of a greenhouse gas substance; or
(e) operations relating to the preparation of a greenhouse gas substance for transport.
structure means any fixed, moveable or floating structure or installation, and includes a greenhouse gas pipeline, greenhouse gas pumping station, greenhouse gas tank station or greenhouse gas valve station.
316-322 Forfeiture orders etc.
Scope
(1) This section applies if a person is convicted by a court of:
(a) an offence against section 249AC or 249CC; or
(b) an offence against section 6 of the Crimes Act 1914 in relation to an offence referred to in paragraph (a) of this subsection.
Note: For ancillary offences, see section 11.6 of the Criminal Code.
Orders
(2) The court may, in addition to imposing a penalty, make either or both of the following orders:
(a) an order for the forfeiture of a specified aircraft or vessel used in the commission of the offence;
(b) an order for the forfeiture of specified equipment used in the commission of the offence.
(3) The court may, before making an order under this section:
(a) require notice to be given to such persons as the court thinks fit; and
(b) hear such persons as the court thinks fit.
(4) Goods in relation to which an order is made under this section:
(a) must be dealt with as the Attorney-General directs; and
(b) pending the Attorney-General's direction, may be detained in such custody as the court directs.
Division 3 - Time for bringing proceedings for offences