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

108   After section 8

Insert:

8A Pipeline international offshore areas treated as offshore areas

(1) The provisions of this Act listed in subsection (2), and regulations or other instruments made for the purposes of those provisions, apply in relation to each of the following areas as if it were an offshore area:

(a) the Bayu-Undan pipeline international offshore area (which is described in Schedule 8);

(b) the Greater Sunrise pipeline international offshore area (if it is declared under section 780P).

(2) The provisions are as follows:

(a) the following definitions in section 7:

(i) definition of Joint Authority ;

(ii) definition of petroleum pipeline ;

(iii) definition of secondary line ;

(b) section 9;

(c) section 16;

(d) section 30;

(e) subsection 56(1);

(f) Division 1 of Part 2.6;

(g) subsection 221(5) so far as it refers to construction in an offshore area of a petroleum pipeline but not so far as it refers to petroleum recovered from a place beyond the outer limits of any offshore area;

(h) Division 3 of Part 2.6;

(i) Division 1 of Part 2.12;

(j) section 280;

(k) Parts 4.1 and 4.2;

(l) Parts 6.1, 6.1A and 6.2;

(m) Division 1 of Part 6.4;

(n) Divisions 1, 4, 5 and 6 of Part 6.5;

(o) Divisions 1 and 2 of Part 6.6;

(p) section 695R;

(q) Part 7.1;

(r) section 778;

(s) subsection 780A(5);

(t) items 12 and 13 of the table in subsection 782(1).

Note: Although the Greater Sunrise pipeline international offshore area is treated as an offshore area for the purposes of only one of the references to offshore area in Division 2 (Obtaining a pipeline licence) of Part 2.6 (see paragraph (g) of this subsection), that does not prevent an application for, or the grant of, a pipeline licence for a petroleum pipeline in the Greater Sunrise pipeline international offshore area.

Other modifications

(3) Paragraphs 227(6)(d) and 506(1)(f) apply as if:

(a) the Bayu-Undan pipeline international offshore area were an offshore area relating to Western Australia; and

(b) the Greater Sunrise pipeline international offshore area were an offshore area relating to the Northern Territory.

Other modifications relating to Bayu-Undan pipeline international offshore area

(4) Despite subsection 217(1), a person cannot apply for the grant of a pipeline licence authorising construction of a pipeline in the Bayu-Undan pipeline international offshore area.

Note: On the commencement of this section, a pipeline licence is automatically granted authorising the pipeline that existed in the Bayu-Undan pipeline international offshore area immediately before that commencement: see Schedule 1 to the Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019.

Other modifications relating to Greater Sunrise pipeline international offshore area

(5) Subsections 223(2) and (3) apply to an application for a pipeline licence relating to the construction of a petroleum pipeline in the Greater Sunrise pipeline international offshore area as if:

(a) references in paragraphs 223(2)(a) and (3)(a) to a petroleum production licence area were references to the Greater Sunrise special regime area; and

(b) references in paragraphs 223(2)(b) and (3)(b) to the petroleum production licensee were references to a person covered by the definition of Greater Sunrise Contractor in paragraph 1(i) of Article 1 of the Timor Sea Maritime Boundaries Treaty; and

(c) the reference in subparagraph 223(2)(c)(i) to the petroleum production licence were a reference to the Greater Sunrise Production Sharing Contract within the meaning of that treaty.

(6) Item 5 of the table in subsection 262(1) applies in relation to a pipeline licence relating to the construction of a petroleum pipeline in the Greater Sunrise pipeline international offshore area as if the references to a petroleum production licensee and the licensee were a reference to a person who:

(a) applied for the pipeline licence; and

(b) is a person covered by the definition of Greater Sunrise Contractor in paragraph 1(i) of Article 1 of the Timor Sea Maritime Boundaries Treaty.