Footnotes

Chapter 1 - Introduction

[1]        Selections of Bills Committee, Report No. 2 of 2010, 24 February 2010, Appendix 4.

[2]        Senate Economics Legislation Committee, Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill 2008 [Provisions], September 2008, p. 2.

[3]        Senate Economics Legislation Committee, Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill 2008 [Provisions], September 2008, p. 1.

[4]        The Hon. Martin Ferguson AM MP, Minister for Resources and Energy, Second Reading Speech, House of Representatives Hansard, Wednesday 10 February 2010, p. 936.

[5]        Department of Resources, Energy and Tourism, Submission 3, March 2009, p. 3.

[6]        The Hon. Martin Ferguson AM MP, Minister for Resources and Energy, Second Reading Speech, House of Representatives Hansard, Wednesday 10 February 2010, p. 935.

Chapter 2 - Use of fees to establish NOPR

[1]        Source: http://www.pc.gov.au/projects/study/upstreampetroleum.

[2]        A key recommendation of the Productivity Commission's report was the establishment of a national offshore petroleum regulator.

[3]        The Hon. Martin Ferguson AM MP, Minister for Resources and Energy, Minister reaffirms government commitment to safety in the oil and gas industry, Media Release, 5 August 2009.

[4]        Mr Peter Livingston, Acting General Manager, Petroleum Regulatory Reform, DRET, Proof Committee Hansard, 31 March 2010, p. 13.

[5]        Mr Peter Livingston, Acting General Manager, Petroleum Regulatory Reform, DRET, Proof Committee Hansard, 31 March 2010, p. 10.

[6]        Mr Richard Sellers, Director General, WA Department of Mines and Petroleum, Proof Committee Hansard, 31 March 2010, p. 3.

[7]        Mr Richard Sellers, Director General, WA Department of Mines and Petroleum, Proof Committee Hansard, 31 March 2010, p. 4.

[8]        Mr William Tinapple, Executive Director, WA Department of Mines and Petroleum, Proof Committee Hansard, 31 March 2010, p. 4.

[9]        Mr Peter Livingston, Acting General Manager, Petroleum Regulatory Reform, DRET, Proof Committee Hansard, 31 March 2010.  See also Mr Tinapple, p. 4.

[10]      Mr Peter Livingston, Acting General Manager, Petroleum Regulatory Reform, DRET, Proof Committee Hansard, 31 March 2010, p. 13.

[11]      Proof Committee Hansard, pp 8 and 15.

[12]      Assistant Professor Tina Hunter, Submission 4, p. 6.

[13]      Australian Workers Union and Maritime Union of Australia, Submission 2, p. 2.

[14]      Currently the Act requires that these fees, as well as the annual fees and other industry fees raised under the Act, be paid by the Government to the states and Northern Territory.

[15]      Section 76, Offshore Petroleum and Greenhouse Gas Storage Act 2006.

[16]      Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous Measures) Bill 2010, Explanatory Memorandum, p. 4.

[17]      The Hon. Martin Ferguson AM MP, Minister for Resources and Energy, Second Reading Speech, House of Representatives Hansard, Wednesday 10 February 2010.

[18]      Department of Resources, Energy and Tourism, Submission 3, p. 3. 

[19]      Ad valorem means 'in proportion to the value'. The Productivity Commission recommended that they be replaced by a fee that reflects the actual cost of registering transfers and dealings.

[20]      DRET, Submission 3, p. 3.

[21]      DRET, Submission 3, p. 7.

[22]      Mr Richard Sellers, Director General, WA Department of Mines and Petroleum, Proof Committee Hansard, 31 March 2010, p. 2.

[23]      Assistant Professor Tina Hunter, Submission 4, p. 7.

Chapter 3 - Other aspects of the bill

[1]        National Offshore Safety Authority, History of NOPSA, www.nopsa.gov.au/history.asp, viewed 16 March 2010.

[2]        Explanatory Memorandum, p. 3.

[3]        Explanatory Memorandum, p. 3.

[4]        Explanatory Memorandum, p. 6.

[5]        Explanatory Memorandum, pp 2 – 3.

[6]        DRET, Submission 3, p. 8.

[7]        Explanatory Memorandum, p. 3.

[8]        Australian Workers' Union and Maritime Union of Australia, Submission 2, p. 2.

[9]        Assistant Professor Tina Hunter, Submission 4, p. 8.

[10]      Assistant Professor Tina Hunter, Submission 4, p. 9.

[11]      Second Reading Speech, House of Representatives Hansard, 10 February 2010, p. 936.

[12]      The concept of eligible voluntary actions will be introduced into Part 6.A and will apply to the making of applications and requests, and the giving of nominations and notices to a relevant authority (ie the Joint Authority, the Designated Authority or the responsible Commonwealth Minister) – Explanatory Memorandum, p. 7.

[13]      Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous Measures) Bill 2010, pp 8-12.

[14]      Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous Measures) Bill 2010, pp 12-13.

[15]      Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous Measures) Bill 2010, lines 29-30, p. 12 and lines 24-25, p. 13.

[16]      AMPLA, Submission 4, p. 2.

[17]      WA Department of Mining and Petroleum, Submission 1, p. 3.

[18]      Mr Richard Sellers, Director General, WA Department of Mines and Petroleum, Proof Committee Hansard, 31 March 2010, p. 2.

[19]      Ms Jessica Brown, Resources Division, DRET, Proof Committee Hansard, 31 March 2010, p.16.

[20]      Scrutiny of Bills Committee, Alert Digest No. 2 of 2010, 24 February, p. 56.

[21]      Explanatory Memorandum, p. 3.

[22]      Explanatory Memorandum, p. 3.

[23]      DRET, Submission 3, p. 9.

[24]      AMPLA, Submission 4, p. 7.

[25]      Scrutiny of Bills Committee, Alert Digest No. 2 of 2010, 24 February, p. 57.

[26]      Australian Workers Union and Maritime Union of Australia, Submission 2, p. 3.

[27]      Confidential, Submission 5.

[28]      Assistant Professor Tina Hunter, Submission 4, p. 10.

[29]      Explanatory Memorandum, p. 12.

[30]      The explanatory memorandum identifies at page 13 that the new clauses will set out that the duties of a titleholder will relate to ensuring a well that has been used or constructed, is being used, maintained or altered, or is being prepared for use in connection with operations authorised by the title is so designed, constructed, commissioned, altered, equipped, maintained and operated that risks to health and safety of persons at or near a facility are kept as low as reasonably practicable. Persons at or near a facility include persons engaged in a well-related activity, such as drilling, and will also expressly include divers. The duty will also extend to the suspension, abandonment and closing-off of wells.

[31]      Explanatory Memorandum, p. 13.

[32]      AMPLA, Submission 4, p. 9.

[33]      Scrutiny of Bills Committee, Alert Digest No. 2 of 2010, 24 February, p. 58.

[34]      Scrutiny of Bills Committee, Alert Digest No. 2 of 2010, 24 February, p. 59.

[35]      Explanatory Memorandum, p. 12.

[36]      Explanatory Memorandum, p. 12.

[37]      It omits '67(1)' from subsection 57(4) of Schedule 3 to the Act and substitutes '62(2) or 62(4)'.

[38]      The following regulations were replaced by the Offshore Petroleum (Safety) Regulations 2009 – Offshore Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996, the Petroleum (Submerged Lands) (Diving Safety) Regulations 2002 and the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993. The OHS aspects relating to pipelines were also removed from the Petroleum (Submerged Lands) Pipelines Regulations 2001 and incorporated into the 2009 Regulations.

[39]      Explanatory Memorandum, p. 15.

Dissenting Report by Coalition senators

[1]          Mr William Tinapple, Executive Director, WA Department of Mines and Petroleum, Proof Committee Hansard, 31 March 2010, p. 4.

[2]          Mr Richard Sellers, Director General, WA Department of Mines and Petroleum, Proof Committee Hansard, 31 March 2010, p. 3.

[3]          Mr Richard Sellers, Director General, WA Department of Mines and Petroleum, Proof Committee Hansard, 31 March 2010, p. 4.

[4]          Mr Peter Livingston, Acting General Manager, Petroleum Regulatory Reform, Department of Resources, Energy and Tourism, Proof Committee Hansard, 31 March 2010, p. 13.

[5]          Mr Peter Livingston, Acting General Manager, Petroleum Regulatory Reform, Department of Resources, Energy and Tourism, Proof Committee Hansard, 31 March 2010, p. 11.

[6]        Western Australian Department of Mines and Petroleum, Submission 1, p. 1.

[7]        Western Australian Department of Mines and Petroleum, Submission 1, p. 2.

[8]        Western Australian Department of Mines and Petroleum, Submission 1, p. 2 and 3.

[9]        Western Australian Department of Mines and Petroleum, Submission 1, p. 3.

[10]      Western Australian Department of Mines and Petroleum, Submission 1, p. 3.

[11]      The Western Australian Department of Mines and Petroleum defined sole risk as a commonly used term in joint venture agreements to cover provisions where one, or some, but not all of a joint venture wish to drill a well.

[12]      Western Australian Department of Mines and Petroleum, Submission 1, p. 3.

[13]      Western Australian Department of Mines and Petroleum, Submission 1, p. 1.

[14]      Western Australian Department of Mines and Petroleum, Submission 1, p. 1.