Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Petroleum (Submerged Lands) Act 1967
1 After section 122
Insert:
122A Regulations about data management
(1) The regulations may make provision for and in relation to:
(a) the keeping of accounts, records and other documents in connection with operations in an adjacent area under:
(i) a permit; or
(ii) a lease; or
(iii) a licence; or
(iv) an infrastructure licence; or
(v) a pipeline licence; or
(vi) a special prospecting authority; or
(vii) an access authority; or
(viii) a consent under section 123; and
(b) the collection and retention of cores, cuttings and samples in connection with those operations; and
(c) the giving to the Designated Authority, or a specified person, of reports, returns, other documents, cores, cuttings and samples in connection with those operations.
Data management plans
(2) In particular, the regulations may establish a scheme that:
(a) applies in relation to operations in an adjacent area under:
(i) a permit; or
(ii) a lease; or
(iii) a licence; or
(iv) an infrastructure licence; or
(v) a pipeline licence; or
(vi) a special prospecting authority; or
(vii) an access authority; or
(viii) a consent under section 123;
held by a person (the holder ); and
(b) requires the holder to prepare and submit a plan (a data management plan ) that deals with any or all of the following:
(i) the keeping of accounts, records and other documents in connection with those operations;
(ii) the collection and retention of cores, cuttings and samples in connection with those operations;
(iii) the giving to the Designated Authority, or to a person specified in the data management plan, of reports, returns, other documents, cores, cuttings and samples in connection with those operations; and
(c) empowers the Designated Authority to make decisions about the approval of:
(i) a data management plan; and
(ii) variations of a data management plan; and
(d) requires the holder to comply with an approved data management plan submitted by the holder.
(3) A scheme referred to in subsection (2) may provide that the holder must not commence the relevant operations unless:
(a) an approved data management plan is in force; or
(b) the Designated Authority gives consent to the commencement of those operations.
(4) Subsections (2) and (3) do not limit subsection (1).
Directions are in addition to regulations
(5) A requirement under section 122 is in addition to a requirement under regulations made for the purposes of this section.
2 Subsection 150(1) (at the end of paragraph (c) of the definition of applicable document )
Add "or regulations made for the purposes of section 122A".
3 Subsection 150(1) (definition of confidential information )
Repeal the definition.
4 Subsection 150(1) (definition of contested information )
Repeal the definition.
5 Subsection 150(1) (definition of derivative information )
Repeal the definition.
6 Subsection 150(1) (definition of excluded information )
Repeal the definition.
7 Subsection 150(1) (definition of notice inviting objections to the disclosure )
Repeal the definition.
8 Subsection 150(1) (definition of petroleum mining instrument )
Repeal the definition.
9 Subsection 150(1) (definition of seismic data grid scaled in time )
Repeal the definition.
10 Subsections 150(2) to (5)
Repeal the subsections.
11 Subsection 150(6)
Renumber as subsection (2).
12 At the end of section 150
Add:
(3) Paragraph (2)(a) does not apply in relation to the drilling of a well unless the drilling of the well was, in the Designated Authority's opinion, substantially completed before the commencement of this subsection.
(4) Paragraph (2)(b) does not apply in relation to a geophysical or geochemical survey unless the geophysical or geochemical field work was, in the Designated Authority's opinion, substantially completed before the commencement of this subsection.
13 Divisions 2 and 3 of Part IIIA
Repeal the Divisions, substitute:
Division 2 -- Protection of confidentiality of information and samples
Subdivision A -- Information and samples obtained by the Designated Authority
150B Protection of confidentiality of documentary information obtained by the Designated Authority
(1) This section restricts what the Designated Authority may do with documentary information.
(2) The Designated Authority must not:
(a) make the information publicly known; or
(b) make the information available to a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory);
unless the Designated Authority does so:
(c) in accordance with regulations made for the purposes of this paragraph; or
(d) for the purposes of the administration of this Act or the regulations.
150C Protection of confidentiality of petroleum mining samples obtained by the Designated Authority
(1) This section restricts what the Designated Authority may do with a petroleum mining sample.
(2) The Designated Authority must not:
(a) make publicly known any details of the sample; or
(b) permit a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect the sample;
unless the Designated Authority does so:
(c) in accordance with regulations made for the purposes of this paragraph; or
(d) for the purposes of the administration of this Act or the regulations.
150D Designated Authority may make information or samples available to a Minister, a State Minister or a Northern Territory Minister
(1) The Designated Authority may make documentary information or a petroleum mining sample available to:
(a) a Minister; or
(b) a Minister of a State; or
(c) a Minister of the Northern Territory.
(2) The Designated Authority must make documentary information or a petroleum mining sample available to the Commonwealth Minister if the Commonwealth Minister requires the Designated Authority to make the information or sample available to the Commonwealth Minister.
Note 1: For protection of the confidentiality of information obtained by a Minister under this section, see section 150E.
Note 2: For protection of the confidentiality of a sample obtained by a Minister under this section, see section 150F.
Subdivision B -- Information and samples obtained by a Minister
150E Protection of confidentiality of information obtained by a Minister
(1) This section restricts what a Minister may do with documentary information made available to the Minister under section 150D.
(2) The Minister must not:
(a) make the information publicly known; or
(b) make the information available to a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory);
unless the Minister does so:
(c) in accordance with regulations made for the purposes of this paragraph; or
(d) for the purposes of the administration of this Act or the regulations.
150F Protection of confidentiality of petroleum mining samples obtained by a Minister
(1) This section restricts what a Minister may do with a petroleum mining sample made available to the Minister under section 150D.
(2) The Minister must not:
(a) make publicly known any details of the sample; or
(b) permit a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect the sample;
unless the Minister does so:
(c) in accordance with regulations made for the purposes of this paragraph; or
(d) for the purposes of the administration of this Act or the regulations.
Subdivision C -- Miscellaneous
(1) This section applies to regulations made for the purposes of any of the following:
(a) paragraph 150B(2)(c);
(b) paragraph 150C(2)(c);
(c) paragraph 150E(2)(c);
(d) paragraph 150F(2)(c).
(2) The regulations may make provision for fees relating to:
(a) making information available to a person; or
(b) permitting a person to inspect a sample.
(1) This section applies to regulations made for the purposes of:
(a) paragraph 150B(2)(c); or
(b) paragraph 150C(2)(c).
(2) The regulations may make provision for the Minister to:
(a) review a decision of the Designated Authority under the regulations; and
(b) make a decision:
(i) confirming the decision reviewed; or
(ii) revoking the decision reviewed and substituting another decision for it.
This Part does not override any requirements of the Privacy Act 1988 . In particular, this Part is not to be taken, for the purposes of that Act, to require or authorise the disclosure of information.
14 Subsection 152(1) (subparagraph (b)(ii) of the definition of reviewable decision )
Repeal the subparagraph, substitute:
(ii) regulations made for the purposes of paragraph 150B(2)(c) or 150C(2)(c), where the decision is of a kind referred to in paragraph 150H(2)(b); or
(iia) regulations made for the purposes of paragraph 150E(2)(c) or 150F(2)(c); or
15 Transitional regulations
The Governor-General may make regulations in relation to transitional matters arising out of the amendments of the Petroleum (Submerged Lands) Act 1967 made by this Schedule.