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Australia – Offshore Compliance Act Receives Royal Assent.

20 June, 2013

 

Legal News & Analysis – Asia Pacific – Australia – Energy & Project Finance

 

WHAT YOU NEED TO KNOW

 

  • On 28 May 2013, the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013 (Cth) received Royal Assent.

 

  • This activated certain commencement provisions of the Act, including, importantly, the operation of the "polluter pays" principle.


WHAT YOU NEED TO DO

 


Yesterday, the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013 (Cth) received Royal Assent. Certain provisions of the Act will begin today, 29 May 2013, whilst others will commence at a later date (if at all). For general information about the substance of the Act, see our earlier update: Increased environmental and pollution compliance requirements for offshore oil and gas facilities.


For your convenience, the key commencement dates for the Act are as follows:

 

  • Importantly, the "polluter pays" principle introduced by the Act will commence today (29 May 2013), as do the provisions pertaining to the power of the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) to give particular directions.

 

  • The provisions relating to infringement notices and prohibition and improvement notices will commence after the commencement of Schedule 2 of the Offshore Petroleum and Greenhouse Gas Storage Amendment Compliance Measures) Act 2013 (Cth) (Compliance Measures Act) (which introduces various civil penalty provisions into the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) (OPGGSA). Schedule 2 of the Compliance Measures Act does not commence, however, until the commencement of the Regulatory Powers (Standard Provisions) Bill 2012 (Cth). At present, this Bill is before the House of Representatives and it is unclear if and when it will be passed.

 

  • These provisions relating to the required financial assurance and multiple titleholders will commence once proclaimed. There is, as yet, no indication of when this might be.
     

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For further information, please contact:

 

Paul Newman, Partner, Ashurst
paul.newman@ashurst.com


Shane Bosma, Ashurst
shane.bosma@ashurst.com


John Briggs, Partner, Ashurst
john.briggs@ashurst.com


Robert Jamieson, Partner, Ashurst
robert.jamieson@ashurst.com


Geoff Gishubl, Partner, Ashurst
geoff.gishubl@ashurst.com


Peter Vaughan, Partner, Ashurst
peter.vaughan@ashurst.com


Katie Winterbourne, Partner, Ashurst
katie.winterbourne@ashurst.com


Tony Hill, Partner, Ashurst
tony.hill@ashurst.com

 

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