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

Schedule 1   Amendments relating to greenhouse gas storage etc.

Offshore Petroleum Act 2006

274   After Chapter 5

Insert:

Chapter 5A - Information relating to greenhouse gas

Part 5A.1 - Data management and gathering of information

Division 1 - Introduction

406-406 Simplified outline

The following is a simplified outline of this Part:

* The responsible Commonwealth Minister may direct a greenhouse gas titleholder to keep records.

* The regulations may make provision for data management.

* The responsible Commonwealth Minister or a greenhouse gas project inspector may obtain information or documents.

Division 2 - Data management

406-407 Direction to keep records

Scope

(1) This section applies if a person is carrying on operations in an offshore area under:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

(c) a greenhouse gas injection licence; or

(d) a greenhouse gas search authority; or

(e) a greenhouse gas special authority; or

(f) a greenhouse gas research consent.

Direction by responsible Commonwealth Minister

(2) The responsible Commonwealth Minister may, by written notice given to the person, direct the person to do any or all of the following things:

(a) to keep such accounts, records and other documents in connection with those operations as are specified in the notice;

(b) to collect and retain such cores, cuttings and samples in connection with those operations as are specified in the notice;

(c) to give to:

(i) the responsible Commonwealth Minister; or

(ii) a person specified in the notice;

in the manner specified in the notice, such reports, returns, other documents, cores, cuttings and samples in connection with those operations as are specified in the notice.

Offence

(3) A person commits an offence if:

(a) the person is subject to a direction under subsection (2); and

(b) the person omits to do an act; and

(c) the omission breaches the direction.

Penalty: 100 penalty units.

Direction is not a legislative instrument

(4) A direction under subsection (2) is not a legislative instrument.

406-408 Regulations about data management

(1) The regulations may make provision for and in relation to:

(a) the keeping of accounts, records and other documents in connection with operations in an offshore area under:

(i) a greenhouse gas assessment permit; or

(ii) a greenhouse gas holding lease; or

(iii) a greenhouse gas injection licence; or

(iv) a greenhouse gas search authority; or

(v) a greenhouse gas special authority; or

(vi) a greenhouse gas research consent; and

(b) the collection and retention of cores, cuttings and samples in connection with those operations; and

(c) the giving to the responsible Commonwealth Minister, or a specified person, of reports, returns, other documents, cores, cuttings and samples in connection with those operations.

Data management plans

(2) In particular, the regulations may establish a scheme that:

(a) applies in relation to operations in an offshore area under:

(i) a greenhouse gas assessment permit; or

(ii) a greenhouse gas holding lease; or

(iii) a greenhouse gas injection licence; or

(iv) a greenhouse gas search authority; or

(v) a greenhouse gas special authority; or

(vi) a greenhouse gas research consent;

held by a person (the holder ); and

(b) requires the holder to prepare and submit a plan (a data management plan ) that deals with any or all of the following:

(i) the keeping of accounts, records and other documents in connection with those operations;

(ii) the collection and retention of cores, cuttings and samples in connection with those operations;

(iii) the giving to the responsible Commonwealth Minister, or to a person specified in the data management plan, of reports, returns, other documents, cores, cuttings and samples in connection with those operations; and

(c) empowers the responsible Commonwealth Minister to make decisions about the approval of:

(i) a data management plan; and

(ii) variations of a data management plan; and

(d) requires the holder to comply with an approved data management plan submitted by the holder.

(3) A scheme referred to in subsection (2) may provide that the holder must not commence the relevant operations unless:

(a) an approved data management plan is in force; or

(b) the responsible Commonwealth Minister gives consent to the commencement of those operations.

(4) Subsections (2) and (3) do not limit subsection (1).

Directions are in addition to regulations

(5) A requirement under section 406-407 is in addition to a requirement under regulations made for the purposes of this section.

Division 3 - Information-gathering powers

406-409 Responsible Commonwealth Minister or greenhouse gas project inspector may obtain information and documents

Scope

(1) This section applies to a person if:

(a) the responsible Commonwealth Minister; or

(b) a greenhouse gas project inspector;

believes on reasonable grounds that the person has information or a document, or is capable of giving evidence, that relates to any or all of the following operations in an offshore area:

(c) operations relating to exploration for a potential greenhouse gas storage formation or a potential greenhouse gas injection site;

(d) operations relating to the injection of a greenhouse gas substance into the seabed or subsoil;

(e) operations relating to the storage of a greenhouse gas substance in the seabed or subsoil;

(f) operations relating to the processing, compression or pre-injection storage of a greenhouse gas substance;

(g) operations relating to the preparation of a greenhouse gas substance for transport.

Requirement

(2) The responsible Commonwealth Minister or the greenhouse gas project inspector may, by written notice given to the person, require the person:

(a) to give to the responsible Commonwealth Minister or the greenhouse gas project inspector, within the period and in the manner specified in the notice, any such information; or

(b) to produce to the responsible Commonwealth Minister or the greenhouse gas project inspector, within the period and in the manner specified in the notice, any such documents; or

(c) to make copies of any such documents and to produce to the responsible Commonwealth Minister or the greenhouse gas project inspector, within the period and in the manner specified in the notice, those copies; or

(d) if the person is an individual - to appear before the responsible Commonwealth Minister or the greenhouse gas project inspector at a time and place specified in the notice to:

(i) give any such evidence, either orally or in writing; and

(ii) produce any such documents; or

(e) if the person is a body corporate - to cause a competent officer of the body to appear before the responsible Commonwealth Minister or the greenhouse gas project inspector at a time and place specified in the notice to:

(i) give any such evidence, either orally or in writing; and

(ii) produce any such documents.

(3) A period specified under paragraph (2)(a), (b) or (c) must not be shorter than 14 days after the notice is given.

(4) A time specified under paragraph (2)(d) or (e) must not be earlier than 14 days after the notice is given.

Offence

(5) A person commits an offence if:

(a) the person has been given a notice under subsection (2); and

(b) the person omits to do an act; and

(c) the omission contravenes a requirement in the notice.

Penalty: 100 penalty units.

Notice to set out the effect of offence provisions

(6) A notice under subsection (2) must set out the effect of the following provisions:

(a) subsection (5);

(b) section 406-415;

(c) section 406-416;

(d) section 406-417.

Note 1: Section 406-415 is about giving false or misleading information.

Note 2: Section 406-416 is about producing false or misleading documents.

Note 3: Section 406-417 is about giving false or misleading evidence.

406-410 Copying documents - reasonable compensation

A person is entitled to be paid reasonable compensation for complying with a requirement covered by paragraph 406-409(2)(c).

406-411 Power to examine on oath or affirmation

The responsible Commonwealth Minister or a greenhouse gas project inspector may:

(a) administer an oath or affirmation to a person required to appear before the responsible Commonwealth Minister or the greenhouse gas project inspector under section 406-409; and

(b) examine that person on oath or affirmation.

406-412 Self-incrimination

(1) A person is not excused from giving information or evidence or producing a document under section 406-409 on the ground that the information or evidence or the production of the document might tend to incriminate the person or expose the person to a penalty.

(2) However:

(a) the information or evidence given or the document produced; or

(b) giving the information or evidence or producing the document; or

(c) any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence or producing the document;

is not admissible in evidence against the person:

(d) in any civil proceedings; or

(e) in criminal proceedings other than:

(i) proceedings for an offence against subsection 406-409(5) or section 406-415, 406-416 or 406-417; or

(ii) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Division.

406-413 Copies of documents

The responsible Commonwealth Minister or a greenhouse gas project inspector may inspect a document produced under this Division and may make and retain copies of, or take and retain extracts from, such a document.

406-414 Responsible Commonwealth Minister or greenhouse gas project inspector may retain documents

(1) The responsible Commonwealth Minister or a greenhouse gas project inspector may take possession of a document produced under this Division, and retain it for as long as is reasonably necessary.

(2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the responsible Commonwealth Minister or a greenhouse gas project inspector to be a true copy.

(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.

(4) Until a certified copy is supplied, the responsible Commonwealth Minister or a greenhouse gas project inspector must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.

406-415 False or misleading information

A person commits an offence if:

(a) the responsible Commonwealth Minister or a greenhouse gas project inspector requires the person to give information under subsection 406-409(2); and

(b) the person gives information; and

(c) the person does so knowing that the information is false or misleading in a material particular.

Penalty: 100 penalty units.

Note: The same conduct may be an offence against both this section and section 137.1 of the Criminal Code.

406-416 False or misleading documents

A person commits an offence if:

(a) the person has been given a notice under subsection 406-409(2); and

(b) the person produces a document to the responsible Commonwealth Minister or a greenhouse gas project inspector; and

(c) the person does so knowing that the document is false or misleading in a material particular; and

(d) the document is produced in compliance or purported compliance with the notice.

Penalty: 100 penalty units.

Note: The same conduct may be an offence against both this section and section 137.2 of the Criminal Code.

406-417 False or misleading evidence

A person commits an offence if:

(a) the person gives evidence to another person; and

(b) the person does so knowing that the evidence is false or misleading in a material particular; and

(c) the evidence is given under section 406-409.

Penalty: Imprisonment for 12 months.

Part 5A.2 - Release of regulatory information

406-418 Notifiable events - Gazette notice

If an event specified in the table happens, the responsible Commonwealth Minister must cause notice of:

(a) the event; and

(b) such details of the event as the responsible Commonwealth Minister thinks fit;

to be published in the Gazette.

Part 5A.3 - Release of technical information

Division 1 - Introduction

406-420 Simplified outline

The following is a simplified outline of this Part:

* This Part deals with the confidentiality and release of:

(a) information ( documentary information ) contained in certain documents given to the responsible Commonwealth Minister; and

(b) petroleum mining samples given to the responsible Commonwealth Minister.

406-421 Definitions

In this Part:

applicable document means:

(a) an application made to the responsible Commonwealth Minister under this Act; or

(b) a document accompanying such an application; or

(c) a report, return or other document that relates to a block and that was given to the responsible Commonwealth Minister under:

(i) this Act; or

(ii) regulations made for the purposes of section 406-408 of this Act.

documentary information means information contained in an applicable document.

eligible sample means:

(a) a core or cutting from, or a sample of, the seabed or subsoil; or

(b) a sample of petroleum recovered; or

(c) a sample of fluid recovered (other than fluid petroleum);

that has been given at any time to the responsible Commonwealth Minister, and includes a portion of such a core, cutting or sample.

406-421A Documents and samples given to the responsible Commonwealth Minister

(1) For the purposes of this Part, in determining whether a document is an applicable document, disregard an application made, or a document given, to the responsible Commonwealth Minister:

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

(b) in his or her capacity as the Designated Authority for an offshore area.

(2) For the purposes of this Part, in determining whether a core, cutting or sample is an eligible sample, disregard anything that was given to the responsible Commonwealth Minister:

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

(b) in his or her capacity as the Designated Authority for an offshore area.

Division 2 - Protection of confidentiality of information and samples

Subdivision A - Information and samples obtained by the responsible Commonwealth Minister

406-422 Protection of confidentiality of documentary information obtained by the responsible Commonwealth Minister

(1) This section restricts what the responsible Commonwealth Minister may do with documentary information.

(2) The responsible Commonwealth Minister must not:

(a) make the information publicly known; or

(b) make the information available to a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory);

unless the responsible Commonwealth Minister does so:

(c) in accordance with regulations made for the purposes of this paragraph; or

(d) for the purposes of the administration of this Act or the regulations.

406-423 Protection of confidentiality of eligible samples obtained by the responsible Commonwealth Minister

(1) This section restricts what the responsible Commonwealth Minister may do with an eligible sample.

(2) The responsible Commonwealth Minister must not:

(a) make publicly known any details of the sample; or

(b) permit a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect the sample;

unless the responsible Commonwealth Minister does so:

(c) in accordance with regulations made for the purposes of this paragraph; or

(d) for the purposes of the administration of this Act or the regulations.

406-424 Responsible Commonwealth Minister may make information or samples available to a Minister, a State Minister or a Northern Territory Minister

The responsible Commonwealth Minister may make documentary information or an eligible sample available to:

(a) a Minister; or

(b) a Minister of a State; or

(c) a Minister of the Northern Territory.

Subdivision B - Miscellaneous

406-427 Fees

(1) This section applies to regulations made for the purposes of any of the following:

(a) paragraph 406-422(2)(c);

(b) paragraph 406-423(2)(c).

(2) The regulations may make provision for fees relating to:

(a) making information available to a person; or

(b) permitting a person to inspect a sample.

406-429 Privacy Act

This Part does not override any requirements of the Privacy Act 1988. In particular, this Part is not to be taken, for the purposes of that Act, to require or authorise the disclosure of information.

Division 3 - Copyright

406-430 Publishing or making copies of applicable documents not an infringement of copyright

The copyright in a literary or artistic work contained in an applicable document is not infringed by anything done:

(a) by, or with the authority of, the responsible Commonwealth Minister; and

(b) for the purpose of the exercise of any of the powers of the responsible Commonwealth Minister under this Part.