Bills Digest no. 85 2015–16
PDF version [592KB]
WARNING: This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.
Sophie Power
Science, Technology, Environment and Resources Section
24 February 2016
Contents
The
Bills Digest at a glance
Purpose of the Bill
Background
Committee consideration
Policy position of non-government parties/independents
Position of major interest groups
Financial implications
Statement of Compatibility with Human Rights
Key issues and provisions
Date introduced: 11
February 2016
House: House of
Representatives
Portfolio: Industry,
Innovation and Science
Commencement: The
day after Royal Assent.
Links: The links to the Bill,
its Explanatory Memorandum and second reading speech can be found on the
Bill’s home page, or through the Australian
Parliament website.
When Bills have been passed and have received Royal Assent, they
become Acts, which can be found at the ComLaw
website.
Purpose of the Bill
- The
Bill seeks to amend the Offshore
Petroleum and Greenhouse Gas Storage Act 2006 (the OPGGS Act)[1]
to retrospectively validate the renewal or extension of certain petroleum
titles in areas proclaimed as Commonwealth marine reserves. These titles were
renewed or extended before 1 January 2016, without obtaining the consent of the
Commonwealth Environment Minister as required under section 359 of the Environment
Protection and Biodiversity Conservation Act 1999 (EPBC Act).[2]
Background
- The EPBC Act regulates certain activities, including mining operations (such
as gas and petroleum exploration and production activities), conducted in
Commonwealth reserves. However, the EPBC Act also recognises that people
who have rights relating to an area that is later included in a reserve can
continue to exercise those rights in the reserve. In particular, section 359
provides that the provisions in the EPBC Act or Regulations restricting
activities in Commonwealth reserves do not affect a ‘usage right’ over an area
that was held immediately before the area was included in a Commonwealth
reserve. These are known as ‘prior usage rights’.
- However,
under subsection 359(3) of the EPBC Act, a prior usage right may only be
renewed or have its term extended with the Environment Minister’s written
consent and subject to any conditions determined by the Minister. It appears
that this has not been complied with in relation to petroleum titles (which
fall within the definition of ‘usage right’) that have been renewed or extended
under the OPGGS Act since 2008.
Key issues
- It
is unclear how many petroleum titles have been renewed or extended in
Commonwealth marine reserves without seeking the Environment Minister’s consent
under the EPBC Act. There also appears to be little readily obtainable
information on the Commonwealth marine reserves that may be affected by these
renewals or extensions. Media reports suggest around 42 renewals or extensions
may be affected.
- However,
the Explanatory Memorandum does state that ‘all titles and subsequent
activities have continued to be subject to Australia’s stringent environmental,
safety and well integrity regime administered by the ... National Offshore
Petroleum Safety and Environmental Management Authority (NOPSEMA). Affected
titleholders which have undertaken offshore petroleum activities have obtained
approval from NOPSEMA in accordance with the requirements of the environmental,
safety and well integrity regime’.[3]
- Nevertheless,
the fact that such an error has occurred may raise broader concerns about the
adequacy of processes for the administration and enforcement of both the EPBC
Act and the offshore petroleum regulatory regime.
The purpose of the Offshore Petroleum and Greenhouse Gas
Storage Amendment Bill 2016 (the Bill) is to amend the Offshore Petroleum and
Greenhouse Gas Storage Act 2006 (the OPGGS Act) to retrospectively
validate the renewal and extension of certain petroleum titles in areas
proclaimed as Commonwealth marine reserves. These titles were renewed or
extended before 1 January 2016, without obtaining the consent of the
Commonwealth Environment Minister as required under subsection 359(3) of the Environment
Protection and Biodiversity Conservation Act 1999 (EPBC Act).
This Bill relates to the interaction between the OPGGS
Act and the EPBC Act. As such, a brief overview of each Act, and its
key provisions, follows.
Commonwealth offshore petroleum
legislation
Offshore petroleum activities (such as exploration and production)
beyond designated state and territory coastal waters[4]
are governed by the Commonwealth OPGGS Act and related Acts and
Regulations.[5]
The offshore petroleum legislation, regulations and guidelines are intended to
provide for the ‘orderly’ exploration and production of petroleum and
greenhouse gas resources, setting out a framework of rights, entitlements and
responsibilities of government and industry.[6]
Within this framework, Australian Government entities administer
the regulatory regime with respect to the offshore area together with relevant
adjacent state and Northern Territory government involvement through Joint
Authority arrangements.[7]
In short, the Joint
Authorities have the power to make certain decisions under the OPGGS Act.
These decisions relate to, but are not limited to, the granting of petroleum
titles, the imposition of title conditions and cancellation of titles, as well
as decisions about resource management and resource security.[8]
The OPGGS Act also establishes two Commonwealth
statutory authorities, the National Offshore
Petroleum Titles Administrator (NOPTA) and the National Offshore Petroleum Safety and
Environmental Management Authority (NOPSEMA), both established on 1 January
2012, to perform certain regulatory functions under the OPGGS Act and
related Acts and regulations.[9]
NOPTA’s key functions include assisting and advising the Joint Authorities and
the responsible Commonwealth Minister; keeping registers of titles; and data
and information management.[10]
NOPSEMA’s functions relate to the administration of occupational health and
safety, structural integrity, and environmental management of all offshore
petroleum and greenhouse gas storage activities.[11]
So, for example, before commencing a petroleum or greenhouse gas activity (such
as exercising a right under a petroleum title) in Commonwealth waters, a
titleholder must have an environment plan for the activity accepted by NOPSEMA
and must comply with that environmental plan.[12]
The Offshore Petroleum
and Greenhouse Gas Storage (Environment) Regulations 2009 set out the
criteria for acceptance by NOPSEMA as well as the content requirements for
environment plans.[13]
Petroleum titles under the OPGGS
Act
The OPGGS Act regulates offshore petroleum exploration
and production through requirements to obtain titles in the form of exploration
permits, retention leases,[14]
and production, infrastructure and pipeline licences. Special prospecting
authorities and access authorities allow for exploration activity (excluding the
drilling of wells). In short:
Petroleum activities can only occur if a company holds a
valid title, which in itself provides holders with an exclusive right to apply
for further approvals to conduct safe petroleum operations in the area.[15]
The OPGGS Act also contains provisions for the
duration of these titles, depending on the nature of the particular title, as
well as the renewal and extension of petroleum titles.
The OPGGS Act also requires that an activity in an
offshore area under a permit, lease, authority or consent must be undertaken in
a manner that does not interfere with navigation, fishing, conservation of the
resources of the sea and seabed, the enjoyment of native title rights and
interests and any activities of another person being lawfully carried on by way
of exploration for, recovery of or conveyance of a mineral or construction or
operation of a pipeline.[16]
Offshore petroleum activities and
the EPBC Act
The EPBC Act is the principal environmental
legislation of the Commonwealth. It provides arrangements for environmental
impact assessment and other mechanisms to conserve biodiversity and heritage.
In February 2014, the Commonwealth Minister for the
Environment endorsed NOPSEMA’s environmental management authorisation processes
under the OPGGS Act.[17]
The effect of this decision
is that actions taken in accordance with the endorsed program no longer require
separate referral, assessment or approval under Parts 7 to 9 of the EPBC Act.[18]
Prior to this, offshore petroleum gas activities that were likely, for example,
to have a significant impact on ‘matters of national environmental significance’[19]
required approval from the Minister for the Environment under the EPBC Act.
However, the February 2014 decision does not affect other requirements under
the EPBC Act, for example, relating to activities in Commonwealth
reserves discussed below.
Commonwealth marine reserves
Part 15 of the EPBC Act provides for the
proclamation and management of Protected areas, which includes Commonwealth
reserves. Commonwealth reserves are listed and managed under the provisions of
Division 4 of Part 15 of the EPBC Act, which cover matters including:
- the process for declaring and revoking Commonwealth
reserves
- regulating the types of activities that can take
place in Commonwealth reserves and
- the process for preparing and approving management
plans for Commonwealth reserves.
Commonwealth marine reserve
proclamations
Under section 344 of the EPBC Act, the
Governor-General may, by proclamation, declare an area of sea in a Commonwealth
marine area as a Commonwealth reserve.[20]
A Commonwealth reserve also includes the waters and seabed under any sea in the
declared area and the seabed to a depth stated in the Proclamation.[21]
To ensure consistency in defining and managing protected
areas, the EPBC Act uses the World Conservation Union's (IUCN)
internationally recognised set of seven protected area management categories.
The Commonwealth reserve proclamation must assign the reserve (and any zones
within the reserve) to an IUCN Category.[22]
For example, IUCN Category IV is a habitat or species management area which
must be managed primarily to ensure the maintenance of habitats or to meet the
requirements of specific species.[23]
A number of Commonwealth reserves have been proclaimed in
marine areas under the EPBC Act. These proclamations follow a process
dating back to at least 1998, when the Commonwealth, states and Northern
Territory governments committed themselves to establishing the Representative
System of Marine Protected Areas by 2012.[24]
The South-east Commonwealth marine reserves network was proclaimed in 2007. Following
the release of draft proposals for consultation over the period May 2011 and
February 2012, Commonwealth marine reserves were proclaimed in November 2012 for
the North-west, North, East and South‑west Marine Regions plus the Coral
Sea Commonwealth Marine Reserve.[25]
However, in December 2013, the Governor‑General revoked and reproclaimed
the Commonwealth marine reserves in the South-west, North‑west, North and
Temperate East networks and the Coral Sea marine reserve, pending a Commonwealth
marine reserves review.[26]
This new proclamation declared the same 44 areas as Commonwealth reserves (with
the same assigned IUCN categories). However, the management plans for the
reserves, that were scheduled to come into effect in July 2014, were ‘set
aside’. The government advises that:
Until the new management plans come into effect, transitional
management arrangements are in place. Under these transitional arrangements,
there are no changes “on the water” for users in the Commonwealth Marine
Reserve estate.[27]
Managing activities in Commonwealth
reserves
The EPBC Act requires Commonwealth reserves to be
managed in accordance with the Australian IUCN reserve management principles
that are prescribed for each IUCN category.[28]
In particular, subsection 357(2) of the EPBC Act requires Commonwealth
agencies (such as NOPSEMA) to exercise their powers or perform their functions
in relation to Commonwealth reserves consistent with the Australian IUCN
reserve management principles.
In addition, the EPBC Act prohibits certain
activities being carried on in a Commonwealth reserve unless they are expressly
provided for by a management plan for the reserve. Under sections 354 and 354A,
these activities include, for example, actions that affect native species,
damage heritage in the reserve, carrying on an excavation, carrying out works
or commercial activities. So, for example, management plans can provide for
actions affecting native species and commercial activities to be carried on
under a permit issued by the Director of National Parks.[29]
However, these sections do not cover situations where
these actions are taken in the course of ‘mining operations’.[30]
‘Mining operations’ are covered separately under section 355 and are defined in
subsection 355(2) to include a range of activities connected with or related to
the mining and production of minerals (such as oil and gas), including, for
example, exploration for minerals and construction of pipelines. Section 355
provides that a person must not carry on a mining operation in a Commonwealth
reserve except in accordance with a management plan in operation for that
reserve, with civil penalties provided for contravention of the provisions.
Section 355A establishes a criminal offence for carrying on a mining operation
in a Commonwealth area, unless, for example it is in accordance with a
management plan, occurs under a prior usage right or has been approved by the
Director of National Parks. Where there is no management plan in operation,
certain activities (including mining operations) must be approved in writing by
the Director of National Parks under section 359B of the EPBC Act.
Prior usage rights and Commonwealth
reserves
However, the EPBC Act also recognises that people who
have rights relating to an area that is later included in a Commonwealth
reserve can continue to exercise those rights in the reserve. In particular, section
359 provides that the provisions in the EPBC Act or EPBC Regulations
relating to Commonwealth reserves, and the provisions of a reserve management
plan, do not affect a ‘usage right’ in relation to land or seabed that was held
immediately before the land or seabed was included in a Commonwealth reserve.
These are known as ‘prior usage rights’. Under subsection 359(3), that usage
right may only be renewed or have its term extended with the Environment
Minister’s written consent and subject to any conditions determined by the
Minister.
It appears that subsection 359(3) has not been complied with
since 2008 in relation to petroleum titles renewed or extended under the OPGGS
Act:
A recently identified administrative oversight, extending
back to 2008, has led to certain petroleum titles being renewed or extended
under the OPGGS Act without the Minister for the Environment’s consent
being sought as is required under the EPBC Act.[31]
Senate Selection of Bills Committee
At the time of writing, the Senate Selection of Bills
Committee had not considered whether the Bill should be referred to a Senate
Committee for inquiry and report.
Senate Standing Committee for the
Scrutiny of Bills
At the time of writing, the Senate Standing Committee for
the Scrutiny of Bills had not considered the Bill.
The Australian Labor Party supports the Bill.[32]
The media release from the Minister for Resources, Energy and Northern
Australia stated that ‘following consultation with the Opposition, this will
proceed with bipartisan support’.[33]
This bipartisan support was confirmed in the House of Representatives on 23
February 2016, when Mr Gary Gray stated that the Bill fixes ‘administrative
oversight’ in ‘an orderly fashion that ensures the continuation of good public
administration and good practices in the management of our offshore title
system’.[34]
The Australian Greens have expressed concerns about the
Bill, with Senator Siewert suggesting:
This opens up a can of worms on all leases over marine
protected areas. Have other mistakes been made in the environmental approval
process of other leases in marine parks?
It is concerning that it wasn't even considered that these
leases would need environmental approval, it demonstrates a disregard of
environmental issues when it comes to the petroleum industry.
This must shine a spot light on the access and operation of
the petroleum industry in marine protected areas. The virtual open access
policy starts with the opening of acreage for exploration where there is no
environmental right of veto.[35]
It is reported that the Australian Petroleum Production
and Exploration Association supports the Bill, stating that it addresses an
‘administrative oversight that has had no impact on the environmental
obligation on titleholders’:
A petroleum title does not constitute an environmental
approval... titleholders would still need to apply for separate environmental and
safety approvals for all regulated activities.[36]
However, the Save Our Marine Life campaign has concerns
that ‘oil and gas operations have not had the correct environmental approvals’
for operating in vulnerable marine areas:
Mining in marine parks is a concession, which must have the
highest scrutiny given the impact on marine life, fishing and local communities
that can occur as a result of seismic exploration, drilling operations and oil
spills...[37]
According to the Explanatory Memorandum, the Bill is
expected to have no financial impact.[38]
As required under Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011 (Cth), the Government has assessed the
Bill’s compatibility with the human rights and freedoms recognised or declared
in the international instruments listed in section 3 of that Act. The
Government considers that the Bill is compatible.[39]
Parliamentary Joint Committee on
Human Rights
The Parliamentary Joint Committee on Human Rights considers
that the Bill does not raise human rights concerns.[40]
Prior usage rights and Commonwealth
reserves
As noted in the background section of this Bills Digest, the
EPBC Act recognises ‘prior usage rights’ – that is, a ‘usage right’ in
relation to land or seabed that was held immediately before the land or seabed
was included in a Commonwealth reserve. Petroleum titles under the OPGGS Act
would fall within the definition of ‘usage right’, which is defined in
subsection 350(7) of the EPBC Act as an ‘estate or a legal or equitable
charge, power, privilege, authority, licence or permit’.
Section 359 of the EPBC Act provides that the
provisions of the EPBC Act or EPBC Regulations relating to Commonwealth
reserves, and the provisions of a reserve management plan, do not affect such
prior usage rights. However, under subsection 359(3), that usage right may only
be renewed or have its term extended with the Environment Minister’s written
consent and subject to any conditions determined by the Minister.
It appears that subsection 359(3) has not been complied
with in relation to petroleum titles renewed or extended under the OPGGS Act:
A recently identified administrative oversight, extending
back to 2008, has led to certain petroleum titles being renewed or extended
under the OPGGS Act without the Minister for the Environment’s consent
being sought as is required under the EPBC Act. Without a curative
legislative amendment, there is a question as to the validity of the relevant
extension and renewal title decisions made under the OPPGS Act.[41]
The Bill therefore seeks to validate past decisions by the
Joint Authorities to grant renewals or extensions of titles issued under the OPGGS
Act prior to 1 January 2016. It does this by inserting a new Part 9.10C
into the OPGGS Act containing three sections:
- Proposed
section 708J provides a simplified outline of the new Part.
- Proposed
section 780K provides for the validation of renewals and extensions of
certain petroleum titles made under the OPGGS Act prior to 1 January
2016, where the consent of the Environment Minister under subsection 359(3) of
the EPBC Act for the renewal or extension was not sought as required. In
particular, subsection 780K(1) validates renewals of petroleum exploration
permits, petroleum retention leases and fixed-term petroleum production
licences made before 1 January 2016 without the Environment Minister’s consent
under subsection 359(3) of the EPBC Act. The decisions to renew or extend are
to be taken as always having been as valid and effective as they would have
been if consent had been given under subsection 359(3). Subsection 780K(2)
validates extensions to the terms of petroleum exploration permits and
petroleum retention leases done before 1 January 2016 as having been always as valid
and effective as they would have been had consent been given under subsection
359(3).
- Proposed
section 780L clarifies that the requirements of subsection 359(1) of the
EPBC Act will apply to the renewed title or the period of the extension of the
term of the title, as applicable.[42]
Environmental oversight of
petroleum activities in Commonwealth reserves
Although the consent of the Commonwealth Environment
Minister has not been sought under section 359 of the EPBC Act to renew
or extend petroleum titles in Commonwealth reserves, and therefore the Minister
has not had an opportunity to determine whether any conditions should be
imposed on those titles, the activities under the relevant titles that have
been renewed or extended are overseen by NOPSEMA. For example, such activities require
an environmental plan to be accepted by NOPSEMA (as required under the Offshore
Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 outlined
earlier in this Digest). As the Explanatory Memorandum states:
...this is a technical issue that has not had an impact on the
environmental requirements associated with the titles. All titles and
subsequent activities have continued to be subject to Australia’s stringent
environmental, safety and well integrity regime administered by the independent
regulator, the National Offshore Petroleum Safety and Environmental Management
Authority (NOPSEMA). Affected titleholders which have undertaken offshore
petroleum activities have obtained approval from NOPSEMA in accordance with the
requirements of the environmental, safety and well integrity regime.[43]
In addition, as noted above, subsection 357(2) of the EPBC
Act requires a Commonwealth agency (such as NOPSEMA) to exercise its powers
or perform its functions in relation to Commonwealth reserves consistently with
the Australian IUCN reserve management principles.[44]
However, it is unclear how many petroleum titles have been
renewed or extended in Commonwealth marine reserves without seeking the
relevant consent under the EPBC Act. It is also unclear how many and
which Commonwealth marine reserves are involved. The Explanatory Memorandum and
Minister’s Second Reading Speech are silent on these issues. A press release
issued by the Minister for Resources, Energy and Northern Australia’s states
that ‘a number’ of offshore petroleum titles were involved, but did not give
any indication of the actual number.[45]
Media reports suggest that around 42 renewals or extensions may be affected.[46]
Without this information, it is difficult to determine the
full ramifications and implications of the Bill. For example, since no detail
has been given in relation to the petroleum titles affected nor the
Commonwealth reserves involved, it is not possible to scrutinise NOPSEMA’s
environmental oversight relating to the activities under these titles. Given
that Commonwealth marine reserves have been identified as warranting higher
levels of protection and management than other marine areas, parliament may wish
to seek further details of the petroleum titles affected.
In addition, the fact that this error has occurred may
raise broader concerns about the adequacy of processes for the administration
and enforcement of both the EPBC Act and the offshore petroleum
regulatory regime.
Members, Senators and Parliamentary staff can obtain
further information from the Parliamentary Library on (02) 6277 2500.
[1]. Offshore Petroleum and
Greenhouse Gas Storage Act 2006, accessed 23 February 2016.
[2]. Environment Protection
and Biodiversity Conservation Act 1999, accessed 23 February 2016.
[3]. Explanatory
Memorandum, Offshore Petroleum and Greenhouse Gas Storage Amendment Bill
2016, p. 1.
[4]. ‘Coastal
waters’ are generally three nautical miles seaward of the territorial sea
baseline: OPPGS Act, section 7. See also Geoscience Australia, ‘Maritime
boundary definitions’, Geoscience Australia website, or, for a more
detailed discussion of Australia’s offshore jurisdictional arrangements in the
context of the offshore petroleum regime: J Tomaras and A St John, ‘Offshore
Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Measures) Bill
2014 [and] Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment (Designated Coastal Waters) Bill 2014’, Bills digest, 77,
2014–15, Parliamentary Library, 27 February 2015, pp. 2–4 and 6–7, accessed
23 February 2016.
[5]. For
a full list of relevant legislation, see Department of Industry, Innovation and
Science (DIIS), ‘Offshore
petroleum legislation, regulations and guidelines’, DIIS website, accessed
18 February 2016.
[6]. DIIS,
‘Offshore
Petroleum Regulatory Regime’, DIIS Science website, accessed 12 February
2016.
[7]. Ibid.
[8]. National
Offshore Petroleum Titles Administrator (NOPTA), ‘Joint Authorities’,
NOPTA website, accessed 12 February 2016.
[9]. NOPTA
was established by the Offshore
Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011,
which also expanded the former National Offshore Petroleum Safety Authority to
become NOPSEMA.
[10]. OPGGS
Act, section 695AB.
[11]. OPGGS
Act, sections 642 and 646.
[12]. See
Part 2 of the Offshore
Petroleum and Greenhouse Gas Storage (Environment) Regulations, accessed 22
February 2016.
[13]. Ibid.
More detailed information on NOPSEMA’s environmental assessment and management
processes is available at NOPSEMA, ‘Environmental
resources’, NOPSEMA website, accessed 22 February 2016.
[14]. Petroleum
retention leases are granted if the recovery of petroleum is not currently
commercially viable, but is likely to become commercially viable within 15
years: OPPGS Act, section 142.
[15]. DIIS,
‘Offshore
Petroleum Titles’, DIIS website, accessed 18 February 2016.
[16]. OPGGS
Act, section 280.
[17]. G
Hunt (Minister for the Environment), Final
Approval Decision for the Taking of Actions in accordance with an Endorsed
Program under the Environment Protection and Biodiversity Conservation Act 1999
(Cth) (EPBC Act), 27 February 2014, accessed 17 February 2016. Note
that there are some exclusions, such as actions taken in the Great Barrier Reef
Marine Park.
[18]. Ibid.,
p. 3.
[19]. See
further Department of the Environment (DoE), ‘What is protected
under the EPBC Act?’, DoE website, accessed 16 February 2016.
[20]. EPBC
Act, paragraph 344(1)(b)(i). ‘Commonwealth marine area’ is defined in
section 24 of the EPBC Act and generally includes the area from the
seaward boundary of state and Northern Territory coastal waters (normally three
nautical miles from the territorial sea baseline, usually the low water mark)
to the outer limit of the Exclusive Economic Zone (200 nautical miles from the
territorial sea baseline). Somewhat circularly, ‘Commonwealth marine area’ is
also defined to include any other area of sea or seabed that is included in
Commonwealth reserve.
[21]. EPBC
Act, section 345.
[22]. EPBC
Act, section 346.
[23]. DoE,
‘Commonwealth
marine reserves – Legal framework’, DoE website, accessed 23 February 2016.
[24]. For
further background, see DoE, ‘Commonwealth
marine reserves – Background’, DoE website, accessed 17 February 2016.
[25]. Environment Protection and
Biodiversity Conservation (Commonwealth Marine Reserves) Proclamation 2012,
accessed 22 February 2016.
[26]. DoE,
‘Commonwealth
Marine Reserves Review’, DoE website, accessed 22 February 2016.
[27]. DoE,
‘About the
Commonwealth Marine Reserves Review’, DoE website, accessed 22 February
2016; see also G Hunt (Minister for the Environment) and R Colbeck (Parliamentary
Secretary to the Minister for Agriculture), Supporting
recreational fishing while protecting our marine parks, media release,
14 December 2013, accessed 22 February 2016.
[28]. The
Australian IUCN reserve management principles are set out in Schedule 8 of the Environment Protection and
Biodiversity Conservation Regulations 2000 (EPBC Regulations), accessed 23
February 2016.
[29]. Part
12 of the EPBC Regulations further regulate a range of other activities in
Commonwealth reserves. The power to make these regulations is set out in
section 356 of the EPBC Act.
[30]. EPBC
Act, subsections 354(1A) and 354A(9).
[31]. A
Robb (Minister for Trade and Investment), ‘Second
reading speech: Offshore Petroleum and Greenhouse Gas Storage Amendment Bill
2016’, House of Representatives, Debates, (proof), 11 February 2016,
p. 4, accessed 17 February 2016.
[32]. G
Gray, ‘Second
reading speech: Offshore Petroleum and Greenhouse Gas Storage Amendment Bill’,
House of Representatives, Debates, (proof), 23 February 2016, p. 5,
accessed 24 February 2016
[33]. J
Frydenberg (Minister for Resources, Energy and Northern Australia), Correcting
offshore petroleum title processing, media release, 10 February
2016, accessed 18 February 2016.
[34]. G
Gray, ‘Second
reading speech: Offshore Petroleum and Greenhouse Gas Storage Amendment Bill’,
op. cit.
[35]. R
Siewert (Australian Greens spokesperson on marine issues), Invalid
oil leases highlights contempt for environment when it comes to supporting
petroleum industry, media release, 11 February 2016, accessed 12
February 2016.
[36]. N
Hasham, ‘Bungle
leaves 42 mining approvals in sensitive oceans unlawful, Josh Frydenberg says’,
Sydney Morning Herald, (online edition), 11 February 2016, accessed 18
February 2016.
[37]. Ibid.
[38]. Explanatory
Memorandum, op. cit., p. 1.
[39]. The
Statement of Compatibility with Human Rights can be found at page 3 of the
Explanatory Memorandum to the Bill.
[40]. Parliamentary
Joint Committee on Human Rights, Thirty-fourth
Report of the 44th Parliament, The Senate, Canberra, 23 February 2016,
p. 1, accessed 24 February 2016.
[41]. A
Robb (Minister for Trade and Investment), ‘Second
reading speech: Offshore Petroleum and Greenhouse Gas Storage Amendment Bill
2016’, op. cit.
[42]. Note
that there appears to be a typographical error in the heading of section 780L,
which refers to the ‘EPIC exemption regime’, which presumably is meant to the
‘EPBC exemption regime’.
[43]. Explanatory
Memorandum, op. cit., p. 1.
[44]. The
Australian IUCN reserve management principles are set out in Schedule 8 of the Environment
Protection and Biodiversity Conservation Regulations 2000.
[45]. J
Frydenberg (Minister for Resources, Energy and Northern Australia), Correcting
offshore petroleum title processing, op. cit.
[46]. N
Hasham, op. cit.
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