Footnotes

Chapter 1 - Introduction

[1]        The Hon. Martin Ferguson AM MP, Minister for Resources and Energy, 'Legislation to Commence Establishment of Single National Regulator', Media release, 25 May 2011, http://minister.ret.gov.au/MediaCentre/MediaReleases/Pages/LegislationtoCommenceEstablishmentofSingleNationalRegulator.aspx.

[2]        Explanatory Memorandum, Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011, p. 3.

Chapter 2 - Australia's upstream petroleum and gas sector

[1]        Department of Resources, Energy and Tourism, Australian Energy Resource Assessment, 2010, pp. 47, 90.

[2]        Australian Bureau of Statistics, Australian industry 2009-10: category 8155.0, 27 May 2011, http://www.abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/8155.02009-10?OpenDocument  (accessed 7 June 2011).

[3]        Australian Bureau of Agricultural and Resource Economics and Sciences, Minerals and energy major development projects – April 2011 listing, May 2011, p. 8.

[4]        Seas and Submerged Lands Act 1973.

[5]        Attorney-General's Department, 'The Offshore Constitutional Settlement', http://www.ema.gov.au/www/agd/agd.nsf/Page/InternationalLaw_TheOffshoreConstitutionalSettlement, 3 September 2009 (accessed 1 June 2011).

[6]        Productivity Commission, Review of Regulatory Burden on the Upstream Petroleum (Oil and Gas) Sector, April 2009, p. 45.

[7]        Productivity Commission, Review of Regulatory Burden on the Upstream Petroleum (Oil and Gas) Sector, April 2009, p. 46.

[8]        Productivity Commission, Review of Regulatory Burden on the Upstream Petroleum (Oil and Gas) Sector, April 2009, p. 46.

[9]        Attorney-General’s Department, Offshore Constitutional Settlement: A Milestone in Co‑operative Federalism, 1980, p. 8; citied in Productivity Commission, Review of Regulatory Burden on the Upstream Petroleum (Oil and Gas) Sector, April 2009, p. 47.

[10]      Department of Resources, Energy and Tourism, 'Australia 2010 Offshore Petroleum Exploration Acreage Release: Joint Authority/Designated Authority', http://www.ret.gov.au/Documents/par/fact/documents/Joint%20Authority.pdf (accessed 3 June 2011).

[11]      National Offshore Petroleum Safety Authority, 'Legislation and Regulations', http://www.nopsa.gov.au/regs.asp (accessed 3 June 2011).

[12]      Recommendation 5.7 of the Productivity Commission's report recommended that State and Territory Governments ensure their legislation effectively mirrors the Commonwealth legislation by appropriately prioritising and resourcing legislative drafting processes.

[13]      National Offshore Petroleum Safety Authority, 'NOPSA Advisory Board', http://www.nopsa.gov.au/board.asp (accessed 4 June 2011).

[14]      Productivity Commission, Review of Regulatory Burden on the Upstream Petroleum (Oil and Gas) Sector, April 2009, p. 15.

[15]      Council of Australian Governments, Communiqué of 10 February 2006 meeting, http://www.coag.gov.au/coag_meeting_outcomes/2006-02-10/index.cfm (accessed 4 June 2011).

[16]      Australian Petroleum Production and Exploration Association, Platform for Prosperity: Australian Upstream Oil and Gas Industry Strategy, April 2007, p. 64.

[17]      Australian Petroleum Production and Exploration Association, Platform for Prosperity: Australian Upstream Oil and Gas Industry Strategy, April 2007, p. 65.

[18]      Productivity Commission, Review of Regulatory Burden on the Upstream Petroleum (Oil and Gas) Sector, April 2009, p. xxiii.

[19]      Productivity Commission, Review of Regulatory Burden on the Upstream Petroleum (Oil and Gas) Sector, April 2009, p. xx.

[20]      Productivity Commission, Review of Regulatory Burden on the Upstream Petroleum (Oil and Gas) Sector, April 2009, pp. 228-229.

[21]      Productivity Commission, Review of Regulatory Burden on the Upstream Petroleum (Oil and Gas) Sector, April 2009, Recommendation 10.7; p. xlvi.

[22]      National Offshore Petroleum Safety Authority, Final Report of the Findings of the investigation into the Pipe Rupture and Fire Incident on 3 June 2008 at the Facilities Operated by Apache Energy Ltd on Varanus Island, October 2008.

[23]      Senate Standing Committee on Economics, Matters relating to the gas explosion at Varanus Island, Western Australia, December 2008.

[24]      Department of Resources, Energy and Tourism, Submission 1, Attachment A, p. 1.

[25]      Report of the Montara Commission of Inquiry, June 2010, p. 360.

[26]      Report of the Montara Commission of Inquiry, June 2010, p. 360.

[27]      Report of the Montara Commission of Inquiry, June 2010, p. 18.

[28]      Australian Petroleum Production and Exploration Association, Submission to the Draft Government Response to the Report of the Montara Commission of Inquiry, February 2011, p. 9.

[29]      ExxonMobil Australia, Submission to the Draft Government Response to the Report of the Montara Commission of Inquiry, February 2011, p. 11.

[30]      Northern Territory Government, Submission to the Draft Government Response to the Report of the Montara Commission of Inquiry, February 2011, pp. 5-6.

Chapter 3 - Proposal for the national regulators

[1]        Explanatory Memorandum, Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011, p. 1.

[2]        Explanatory Memorandum, Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011, p. 1.

[3]        Explanatory Memorandum, Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment (2011 Measures No. 2) Bill 2011, p. 1.

[4]        Ms Fiona Brotherton, Australian Government Solicitor; on secondment to the Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 11.

[5]        Explanatory Memorandum, Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011, p. 58.

[6]        Ms Fiona Brotherton, Australian Government Solicitor; on secondment to the Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 11.

[7]        Department of Resources, Energy and Tourism, Submission 1, Attachment A, p. 3.

[8]        Explanatory Memorandum, Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011, p. 59.

[9]        Explanatory Memorandum, Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011, pp. 59-60.

[10]      Petroleum project inspectors are employees of either the Commonwealth, State or Territory appointed by the Designated Authority (the bill this would change this to NOPSEMA). The project inspectors conduct monitoring activities including site visits, testing of equipment and can apply for warrants to inspect residential premises.

[11]      Explanatory Memorandum, Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011, p. 43.

[12]      Explanatory Memorandum, Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011, p. 43.

[13]      Explanatory Memorandum, Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011, p. 47, 52.

[14]      Regulated operations are defined in section 643 of the OPGGS Act as including 'an activity to which the core regulatory provisions of a State or Territory Petroleum (Submerged Lands) Act apply. The definition, as amended by the bill, goes on to state that for this purpose, the core regulatory provisions are the provisions that substantially correspond to Chapter 2 and 3 of the OPGGS Act.

[15]      Some Acts which govern certain statutory agencies specify additional information which must be included in an annual report, such details on the use of information gathering powers and descriptions of various matters.

[16]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest, no. 2 of 2007, 28 February 2007, p. 35.

[17]      Ms Fiona Brotherton, Australian Government Solicitor; on secondment to the Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 11.

[18]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest, no. 2 of 2007, 28 February 2007, p. 54.

[19]      Mr Peter Livingston, Manager, Petroleum Regulatory Reform, Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, pp. 10-11.

Chapter 4 - Views on the proposed national regulators

[1]        The Hon. Martin Ferguson AM MP, Minister for Resources and Energy, Proof House of Representatives Hansard, 25 May 2011, p. 3.

[2]        Mr Peter Livingston, Manager, Petroleum Regulatory Reform, Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 7.

[3]        Mr Peter Livingston, Manager, Petroleum Regulatory Reform, Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 5.

[4]        Ms Fiona Brotherton, Australian Government Solicitor; on secondment to the Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 8.

[5]        Mr Bill Tinapple, Executive Director, Petroleum, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 13.

[6]        Mr Peter Livingston, Manager, Petroleum Regulatory Reform, Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 10.

[7]        Productivity Commission, Review of Regulatory Burden on the Upstream Petroleum (Oil and Gas) Sector, April 2009, p. cc.

[8]        Ms Fiona Brotherton, Australian Government Solicitor; on secondment to the Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 8.

[9]        Ms Fiona Brotherton, Australian Government Solicitor; on secondment to the Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p.9.

[10]      Australian Petroleum Production and Exploration Association, 'Oil and gas industry welcomes Government's responses to Montara, Productivity Commission reports', Media release, 25 May 2011; Department of Resources, Energy and Tourism, Submission 1, Attachment D.

[11]      Mr Bill Tinapple, Executive Director, Petroleum, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 14.

[12]      Mr Bill Tinapple, Executive Director, Petroleum, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 17.

[13]      Ms Fiona Brotherton, Australian Government Solicitor; on secondment to the Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, pp. 9-10.

[14]      Mr Bill Tinapple, Executive Director, Petroleum, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 20.

[15]      Explanatory Memorandum, Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011, p. 1.

[16]      WA Department of Mines and Petroleum, Submission 2, p. 1.

[17]      Ms Fiona Brotherton, Australian Government Solicitor; on secondment to the Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 10.

[18]      Mr Bill Tinapple, Executive Director, Petroleum, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 20

[19]      Mr Bill Tinapple, Executive Director, Petroleum, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 17.

[20]      Mr Peter Livingston, Manager, Petroleum Regulatory Reform, Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 5.

[21]      WA Department of Mines and Petroleum, Submission 2, p. 3.

[22]      Mr Peter Livingston, Manager, Petroleum Regulatory Reform, Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 5.

[23]      Mr Peter Livingston, Manager, Petroleum Regulatory Reform, Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 10.

Chapter 5 - Cost recovery arrangements and changes to the administration of royalties and fees

[1]        The Hon. Martin Ferguson AM MP, Minister for Resources and Energy, Proof House of Representatives Hansard, 25 May 2011, p. 5.

[2]        WA Department of Mines and Petroleum, Submission 2, pp. 2-3.

[3]        WA Department of Mines and Petroleum, Submission 2, p. 3.

[4]        Mr Bill Tinapple, Executive Director, Petroleum, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. p. 19.

[5]        Mr Peter Livingston, Manager, Petroleum Regulatory Reform, Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 10.

[6]        Department of Resources, Energy and Tourism, Draft Cost Recovery Impact Statement: Cost recovery of upstream petroleum regulatory reform—interim period and establishment costs, April 2011, p. 4, http://www.ret.gov.au/resources/Documents/Industry%20Consultation/DRAFT_CRIS_UpstreamPetroleumRegulatoryReform_April2011.pdf (accessed 1 June 2011).

[7]        Department of Resources, Energy and Tourism, Draft Cost Recovery Impact Statement: Cost recovery of upstream petroleum regulatory reform—interim period and establishment costs, April 2011, p. 5, http://www.ret.gov.au/resources/Documents/Industry%20Consultation/DRAFT_CRIS_UpstreamPetroleumRegulatoryReform_April2011.pdf (accessed 1 June 2011).

[8]        Mr Bill Tinapple, Executive Director, Petroleum, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 15.

[9]        The Hon. Martin Ferguson AM MP, Minister for Resources and Energy, Proof House of Representatives Hansard, 25 May 2011, p. 4.

[10]      Department of Resources, Energy and Tourism, Submission 1, Attachment A, p. 5.

[11]      Mr Bill Tinapple, Executive Director, Petroleum, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 15.

[12]      Mr Peter Livingston, Manager, Petroleum Regulatory Reform, Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 7.

[13]      The levies are proposed in the National Regulator Bill and the Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment (2011 Measures No. 2) Bill. The 2011 Measures No. 2 Bill would amend the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 to put the levies in effect.

[14]      Senate Standing Committee for the Scrutiny of Bills, Third report of 2011, 23 March 2011, p. 157.

[15]      Senate Standing Committee for the Scrutiny of Bills, Third report of 2011, 23 March 2011, p. 157.

[16]      Senate Standing Committee for the Scrutiny of Bills, Third report of 2011, 23 March 2011, p. 160.

                                   Chapter 6 -  The Personal Property Securities Bill

[1]        Attorney-General's Department, 'Personal Property Securities reform', http://www.ag.gov.au/www/agd/agd.nsf/Page/Personal_Properties_Securities_Reform#PPS (accessed 4 June 2011).

[2]        The Hon. Robert McClelland MP, Attorney-General, House of Representatives Hansard, 24 June 2009, p. 14.

[3]        Department of Resources, Energy and Tourism, Submission 1a, p. 1.

[4]        Department of Resources, Energy and Tourism, Submission 1a, p. 2.

[5]        Department of Resources, Energy and Tourism, Submission 1a, p. 2.

[6]        Department of Resources, Energy and Tourism, Submission 1a, p. 3.

Coalition Senators' Dissenting report

[1]        Mr Peter Livingston, Commonwealth Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 5.

[2]        Mr Bill Tinapple, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 16.

[3]        Mr David Norris, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 18.

[4]        Mr Bill Tinapple, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 17.

[5]        Mr Bill Tinapple, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 16.

[6]        Mr Peter Livingston, Commonwealth Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 4.

[7]        Mr Peter Livingston, Commonwealth Department of Resources, Energy and Tourism, Proof Committee Hansard, 7 June 2011, p. 5.

[8]        Senator Alan Eggleston, Proof Committee Hansard, 7 June 2011, p. 8.

[9]        Mr Bill Tinapple, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 20.

[10]      Mr Bill Tinapple, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 13.

[11]      Mr Bill Tinapple, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 19.

[12]      Mr Peter Livingston, Proof Committee Hansard, 7 June 2011, p. 7.

[13]      Mr Peter Livingston, Proof Committee Hansard, 7 June 2011, p. 9.

[14]      Mr Bill Tinapple, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 17.

[15]      Department of Resources, Energy and Tourism, Submission 1, p. 1.

[16]      Mr Bill Tinapple, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 17.

[17]      Mr Peter Livingston, Proof Committee Hansard, 7 June 2011, p. 6.

[18]      Mr Bill Tinapple, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 19.

[19]      Mr David Norris, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 18.

[20]      Mr David Norris, Western Australian Department of Mines and Petroleum, Proof Committee Hansard, 7 June 2011, p. 18.