NOPTA News Issue 02—December 2011

Notification requirements of petroleum titleholders to NOPTA and NOPSEMA effective from 1 January 2012

With the amendments to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 coming into effect from 1 January 2012, titleholders need to be aware that there will be a number of requirements upon all titleholders to notify NOPTA and NOPSEMA of certain matters. These are set out below. Note that, in this news item, 'titleholder' refers to each individual member of a group of titleholders.

  1. Subsection 286A(1)—Notification of being a registered title holder as at 1 January 2012 and contact details—Form 1
  2. Subsection 286A(2)—Notification of becoming a registered title holder after 1 January 2012—Form 2
  3. Subsections 286A(3) and (4)—Notification of ceasing to be a registered titleholder—Form 3
  4. Subsection 286A(5)—Notification of change of contact details—Form 4
  5. Section 774—Multiple titleholders—Nomination of single registered titleholder for the service of documents—Form 5
  6. Section 744(5)—provides for revocation of a nomination byany member of the titleholder group—Form 6

To assist titleholders, the respective forms and a factsheet for these notification requirements will be uploaded to our NOPTA forms page shortly.

Any queries on these requirements effective from 1 January 2012, please contact NOPTA Titles Team or Jo Bell, Manager Titles, 0418 944 831.

Legislation

On 7 December 2011, the Federal Executive Council fixed 1 January 2012 as the commencement day for parts 1 and 2 of schedule 2 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011. Parts 1 and 2 of schedule 2 amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006 to, amongst other things, remove references to the Designated Authority, establish NOPTA, continue NOPSA in existence as NOPSEMA and provide for the functions and powers of NOPTA and NOPSEMA. The Designated Authorities will be abolished from 1 January 2012.

Regulations

On 7 December 2011, the Federal Executive Council made four sets of amendment regulations that are consequential to the National Regulator package of amendments to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and associated Acts. The amendment regulations commence on 1 January 2012. The four sets of amendment regulations include minor technical, machinery and transitional amendments. Amendments to the Environment Regulations include new consultation provisions that accommodate Western Australian Government concerns regarding the creation of NOPSEMA. Amendments to the Regulatory Levies Regulations provide for the setting of the ATA Levy by NOPTA and Environment Plan Levy by NOPSEMA.

The amending regulations can be found at:

Guidelines

The guidelines have been recently revised to take account of the commencement of operations by NOPTA, and the abolition of the Designated Authorities, from 1 January 2012. These guidelines will be effective as at 1 January 2012. It is expected the guidelines will be reviewed again in 2012.

The revised guidelines can be found at Offshore petroleum legislation regulation and guidelines.

Application forms

Titles related application cover forms are now available. The forms include a section on payment of application fees. Applications can be submitted by mail or email from 1 January 2012 (please refer to the forms for details).

Gazettal process

All gazettal instruments and notices required under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 from 1 January 2012 will published in the Government Notices Gazette.