Title: Petroleum and Geothermal Energy (Energy Resources) AmendmentBill 2021
Author: Office of Parliamentary Counsel
Last saved by: Miyake, Emma (AGD)
Category: parliamentary.copy
Document comments: ha163

House of Assembly—No 163
As laid on the table and read a first time, 25 August 2021

Petroleum and Geothermal Energy (Energy Resources) Amendment Bill 2021
Contents

Petroleum and Geothermal Energy (Energy Resources) Amendment Bill 2021
Part 1—Preliminary

Petroleum and Geothermal Energy (Energy Resources) Amendment Bill 2021
Preliminary—Part 1

Petroleum and Geothermal Energy (Energy Resources) Amendment Bill 2021
Part 2—Amendment of Petroleum and Geothermal Energy Act 2000

Petroleum and Geothermal Energy (Energy Resources) Amendment Bill 2021
Amendment of Petroleum and Geothermal Energy Act 2000—Part 2

Petroleum and Geothermal Energy (Energy Resources) Amendment Bill 2021
Schedule 1—Transitional and saving etc provisions

Petroleum and Geothermal Energy (Energy Resources) Amendment Bill 2021
Transitional and saving etc provisions—Schedule 1

South Australia
Petroleum and Geothermal Energy (Energy Resources) Amendment Bill 2021
A Bill For
An Act to amend the Petroleum and Geothermal Energy Act 2000.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Petroleum and Geothermal Energy Act 2000
4	Amendment of long title
5	Amendment of section 1—Short Title
6	Substitution of section 3
3	Objects
7	Amendment of section 4—Interpretation
8	Substitution of section 8
8	Authorised officers
9	Amendment of section 9—Identity cards
10	Insertion of Part 2 Division 3
Division 3—Power to conduct geological investigations etc
9A	Power to conduct geological investigations etc
11	Amendment of section 10—Regulated activities
12	Amendment of section 13—Licence classes
13	Amendment of section 21—Exploration licences
14	Amendment of section 24—Areas for which licence may be granted
15	Amendment of section 26—Term and renewal of exploration licence
16	Amendment of section 27—Production of regulated resource under exploration licence
17	Amendment of section 28—Retention licences
18	Amendment of section 30—Grant of retention licence
19	Amendment of section 31—Area of retention licence
20	Amendment of section 32—Term of retention licence
21	Amendment of section 34—Production licences
22	Amendment of section 35—Grant of production licence
23	Amendment of section 37—Area of production licence
24	Amendment of section 43—Royalty on regulated resources
25	Amendment of section 48—Alteration of pipeline
26	Amendment of section 59—Relationship with other licences
27	Repeal of section 59A
28	Amendment of section 59B—Special facilities licence
29	Repeal of section 59C
30	Amendment of section 59E—Relationship with other licences
31	Insertion of Part 9B
Part 9B—Hydrogen generation licence
59F	Hydrogen generation licence
59G	Term of hydrogen generation licence
59H	Relationship with other licences
59I	Minister may grant exemption
32	Amendment of section 65—Application for licence
33	Amendment of section 69—Grant of compatible licence to area already under licence
34	Insertion of section 73A
73A	Mandatory condition as to management system
35	Amendment of section 74—Classification of activities to be conducted under licence
36	Amendment of section 77—Non‑compliance with licence conditions
37	Amendment of section 84—Records to be kept by the licensee
38	Substitution of section 85
85	Reporting of certain incidents
39	Amendment of section 86—Information to be provided by licensee
40	Insertion of section 86AA
86AA	Notification of acquisition of controlling interest in business of licensee
41	Amendment of section 86A—Fitness for purpose assessment
42	Amendment of section 87—Activities to be carried out with due care and in accordance with good industry practice
43	Amendment of section 88—Ministerial direction
44	Insertion of section 91A
91A	Assignment of liability or obligation of licensee on surrender or cancellation of licence
45	Insertion of Part 11 Division 12A
Division 12A—Extension of term or reinstatement of licence
91B	Extension of term of licence
91C	Reinstatement of licence
46	Amendment of section 93—Obligation not to interfere with regulated activities
47	Amendment of section 96—Pre‑conditions of regulated activities
48	Insertion of Part 12 Division 2A
Division 2A—Environmental impact assessment criteria
96A	Environmental impact assessment criteria
49	Amendment of heading to Part 12 Division 3
50	Amendment of section 97—Environmental impact report
51	Repeal of section 98
52	Substitution of section 99
99	Statement of environmental objectives
53	Amendment of section 100—Content of statement of environmental objectives
54	Substitution of sections 101 to 103
101	Approval of statement of environmental objectives
102	Review of statement of environmental objectives
55	Amendment of section 105—Condition of licence to comply with statement of environmental objectives
56	Insertion of Part 12 Division 4A
Division 4A—Consultation by Minister
105A	Consultation requirements on environmental impact report and statement of environmental objectives
57	Amendment of section 106—Environmental register
58	Substitution of sections 108 and 109
108	Power to direct person to take action to prevent or minimise environmental harm
109	Power to direct rehabilitation of land
59	Amendment of section 110—Application for review of direction
60	Amendment of section 111—Liability for damage caused by authorised activities
61	Amendment of section 120—Powers of entry and inspection
62	Amendment of section 121—Power to gather information
63	Amendment of section 122—Production of records
64	Substitution of sections 129 and 130
129	Service
130	False or misleading information
65	Insertion of section 132
132	Charge on property if debt due to Crown
66	Substitution of section 135
135	Disclosure of information
67	Amendment of section 136—Administrative penalties
68	Substitution of section 138
138	Regulations and fee notice
Schedule 1—Transitional and saving etc provisions
1	Interpretation
2	Transitional and saving etc provisions

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Petroleum and Geothermal Energy (Energy Resources) Amendment Act 2021.
2—Commencement
This Act comes into operation on a day to be fixed by proclamation.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Petroleum and Geothermal Energy Act 2000
4—Amendment of long title
Long title—delete "or commercial utilisation of, petroleum and certain other resources;" and substitute:
, production, generation, transmission, storage and management of certain energy resources,
5—Amendment of section 1—Short Title
Section 1—delete "Petroleum and Geothermal Energy" and substitute:
Energy Resources
6—Substitution of section 3
Section 3—delete the section and substitute:
3—Objects
The objects of this Act are:
	(a)	to establish an effective, efficient and flexible regulatory scheme to enable the exploration for, and the recovery, production, generation, transmission, storage and management of, energy resources regulated under this Act that encourages and maintains an appropriate level of competition; and
	(b)	to ensure that energy rights and resources are managed for the benefit of the State; and
	(c)	to ensure that the exploration for, and the recovery, production, generation, transmission, storage and management of, energy resources is carried out safely and is ecologically sustainable; and
	(d)	to ensure that regulated activities carried out under this Act that may have adverse effects on the environment—
	(i)	are properly managed to reduce environmental damage; and
	(ii)	are carried out in a way that eliminates or limits the risk of significant long term environmental damage; and
	(e)	to ensure as far as reasonably practicable, security of supply for users of natural gas; and
	(f)	to ensure that land adversely affected by regulated activities is properly rehabilitated; and
	(g)	to establish appropriate consultative processes involving people directly affected by regulated activities and the public generally; and
	(h)	to protect the public from risks inherent in regulated activities; and
	(i)	to establish a system of compensation for owners of land affected by regulated activities under this Act.
7—Amendment of section 4—Interpretation
	(1)	Section 4(1), definition of authorised officer—delete the definition and substitute:
authorised officer means an authorised officer appointed under section 8;
	(2)	Section 4(1), definition of environment—delete the definition and substitute:
energy resources means—
	(a)	a regulated substance or a regulated resource; or
	(b)	resources reasonably necessary for, or incidental to, undertaking a regulated activity;
environment includes—
	(a)	land, air, water (including both surface and underground water and sea water), organisms, ecosystems, flora and fauna; and
	(b)	buildings, structures and other forms of infrastructure and cultural artefacts; and
	(c)	existing and potential land use; and
	(d)	public health, safety or amenity; and
	(e)	the heritage, aesthetic or cultural values of an area; and
	(f)	the economic or social impact on an area;
	(3)	Section 4(1)—after the definition of ERD Court insert:
facility means any of the following that are reasonably necessary for, or incidental to, undertaking a regulated activity:
	(a)	a pipeline or flowline; or
	(b)	a road or access track; or
	(c)	a borrow pit for construction purposes; or
	(d)	any equipment to be used in undertaking a regulated activity (including production testing equipment); or
	(e)	a water disposal pond; or
	(f)	a well; or
	(g)	an airstrip; or
	(h)	a power line; or
	(i)	telecommunications infrastructure, other than mobile telecommunications equipment; or
	(j)	permanent fencing; or
	(k)	drilling and well intervention equipment; or
	(l)	a camp; or
	(m)	any other thing brought within the ambit of this definition by the regulations,
but does not include any thing excluded from the ambit of this definition by the regulations;
	(4)	Section 4(1), definition of geothermal energy—delete "which is extracted or released by a means other than as part of the production of a naturally occurring underground accumulation of a substance"
	(5)	Section 4(1)—after the definition of land insert:
leading performance criteria means criteria used to give an early warning that a control or other strategy necessary for compliance with a statement of environmental objectives—
	(a)	is absent; or
	(b)	may fail or be failing;
	(6)	Section 4(1), definition of licence, paragraphs (b), (c) and (d)—delete "3 categories" wherever occurring and substitute in each case:
4 categories
	(7)	Section 4(1), definition of licence—after paragraph (h) insert:
		or
	(i)	a hydrogen generation licence;
	(8)	Section 4(1), definition of natural reservoir—delete "petroleum or some other regulated substance" wherever occurring and substitute in each case:
a regulated substance
	(9)	Section 4(1), definition of pipeline—delete the definition and substitute:
pipeline means a pipe or system of pipes for conveying a regulated substance from place to place and includes—
	(a)	tanks, machinery and equipment necessary for, or associated with, its operation; and
	(b)	a part of a pipeline;
	(10)	Section 4(1), definition of produce—delete the definition and substitute:
produce—see subsection (4);
	(11)	Section 4(1), definition of prospectivity—delete "petroleum or other"
	(12)	Section 4(1), definition of regulated resource—after paragraph (c) insert:
		or
	(d)	any other thing brought within the ambit of this definition by the regulations;
	(13)	Section 4(1), definition of regulated substance—after paragraph (b) insert:
	(ba)	hydrogen, including a hydrogen compound or other substance that is a by‑product of the production or generation of hydrogen;
	(14)	Section 4(1), definition of transmission pipeline—delete the definition and substitute:
transmission pipeline means a pipeline for conveying a regulated substance from 1 place to another place, but does not include—
	(a)	a pipeline located within the site of an industrial plant; or
	(b)	a pipeline that forms part of a gas distribution system within a city, town or other centre of population or industry; or
	(c)	if a pipeline extends beyond State boundaries—the parts of the pipeline located outside the State; or
	(d)	a pipeline of a kind excluded from the ambit of this definition by the regulations;
	(15)	Section 4(2)—delete "petroleum or another" and substitute:
a
	(16)	Section 4(2)—delete "petroleum or the other relevant substance" and substitute:
the regulated substance
	(17)	Section 4—after subsection (3) insert:
	(4)	For the purposes of this Act—
	(a)	a person produces hydrogen if hydrogen is produced by a process that involves the use of another regulated substance;
	(b)	a person produces a regulated substance (including hydrogen) if the regulated substance is recovered or released from a natural reservoir in which it has been contained in the course, or as a result, of operations carried out by that person (and production is taken to occur when it reaches ground level);
	(c)	a person produces a regulated resource (other than a regulated substance)—
	(i)	in the case of geothermal energy—by releasing the energy for an industrial or commercial purpose; and
	(ii)	in the case of a natural reservoir—by using it for the storage of a substance regulated under this Act;
	(5)	For the purposes of this Act, generating hydrogen includes any operation or process by which hydrogen is generated, but does not include—
	(a)	operations for the recovery of hydrogen from the ground; or
	(b)	operations or a process of a kind excluded from the ambit of this definition by the regulations.
	(6)	For the purposes of this Act, generating hydrogen for a prescribed commercial purpose means generating hydrogen—
	(a)	for the purposes of export; or
	(b)	for use in the manufacturing of chemicals; or
	(c)	for wholesale distribution; or
	(d)	as part of a process of generating electricity for sale or supply to customers; or
	(e)	for any other purpose prescribed by the regulations for the purposes of this definition,
but does not include—
	(f)	generating hydrogen for a purpose referred to in a preceding paragraph in circumstances prescribed by the regulations; or
	(g)	generating hydrogen for a purpose excluded from the ambit of this definition by the regulations.
8—Substitution of section 8
Section 8—delete the section and substitute:
8—Authorised officers
	(1)	The Minister may, by instrument in writing, appoint a person to be an authorised officer under this Act.
	(2)	An appointment under this section may be subject to conditions set out in the instrument of appointment.
	(3)	Without limiting this section, a person appointed as an inspector under the Work Health and Safety Act 2012 will be taken to have been appointed as an authorised officer under this section.
9—Amendment of section 9—Identity cards
	(1)	Section 9(1)—delete "The Minister" and substitute:
Subject to subsection (3), the Minister
	(2)	Section 9—after subsection (2) insert:
	(3)	If an authorised officer is an inspector under the Work Health and Safety Act 2012—
	(a)	the Minister is not required to issue an identity card to the inspector; and
	(b)	for the purposes of subsection (2), a reference to an identity card will be taken to include an identity card issued to the inspector under section 157 of that Act.
10—Insertion of Part 2 Division 3
After section 9 insert:
Division 3—Power to conduct geological investigations etc
9A—Power to conduct geological investigations etc
	(1)	For the purpose of making any geological, geophysical or geochemical investigation or survey, the Minister, or any person authorised by the Minister by written notice, may—
	(a)	enter and remain on any land with such assistants, vehicles and equipment as may be necessary or expedient for the purposes of the investigation or survey; and
	(b)	conduct such an investigation or survey on the land; and
	(c)	take, and remove from the land, any geological specimens or samples.
	(2)	A person exercising a power under this section—
	(a)	must not recover from any land more material than is reasonably necessary for the purpose of making the relevant investigation or survey; and
	(b)	must not unnecessarily impede or obstruct the lawful use or enjoyment of any land by an owner of the land.
	(3)	A person authorised by the Minister to conduct an investigation or survey under subsection (1) must provide the Minister with the results of the investigation or survey conducted by the person in a manner, and within a period, specified by the Minister in the notice of authorisation.
	(4)	The Minister or a person authorised by the Minister under subsection (1) (as the case requires) must, at least 14 days before undertaking an investigation or survey under this section, give written notice, in a manner and form determined by the Minister, to the owner of land and any licensee in respect of an area of land in which the investigation or survey will be undertaken—
	(a)	describing the area of land in which the investigation or survey will be undertaken; and
	(b)	setting a completion date in respect of the investigation or survey.
	(5)	At least 14 days before the Minister or any authorised person undertakes an investigation or survey under this section, the Minister may, by notice in the Gazette—
	(a)	describe the area of land in which the investigation or survey will be undertaken; and
	(b)	set a completion date in respect of the investigation or survey.
	(6)	The Minister may vary the completion date set under subsection (5)(b) by further notice in the Gazette, and must notify the owner of land and any licensee in respect of the area of land in which the investigation or survey is being undertaken of the varied completion date.
	(7)	The Minister may refuse to receive and consider an application for a licence under this Act in respect of the land described in a notice under subsection (5) until the completion date set by the Minister.
	(8)	The Minister may publish, in a manner the Minister thinks fit, the results of an investigation or survey made under this section.
	(9)	A person must not, without reasonable excuse, hinder or obstruct a person exercising a power under this section.
Maximum penalty: $20 000 or imprisonment for 6 months.
11—Amendment of section 10—Regulated activities
	(1)	Section 10(1)—delete subsection (1) and substitute:
	(1)	The following are regulated activities:
	(a)	exploring for a regulated resource;
	(b)	operations to establish the nature and extent of a discovery of a regulated resource, and to establish the commercial feasibility of production and the appropriate production techniques;
	(c)	producing or processing a regulated substance;
	(d)	utilising a natural reservoir to store a regulated substance (including in a case where a trace element naturally occurs with the regulated substance);
	(e)	producing geothermal energy;
	(f)	producing or generating energy from a source of geothermal energy;
	(g)	generating hydrogen for a prescribed commercial purpose;
	(h)	constructing, operating, maintaining, modifying or decommissioning a transmission pipeline;
	(i)	activities for the rehabilitation of land on account of the impact of any activities under a preceding paragraph;
	(j)	any other activity brought within the ambit of this definition by the regulations;
	(2)	Section 10(3)(a)—after "land" insert:
(other than as authorised under section 9A)
	(3)	Section 10(3)(b)—delete paragraph (b)
	(4)	Section 10(3)(c)—delete "petroleum or another" and substitute:
a
	(5)	Section 10(3)(f) to (h) (inclusive)—delete paragraphs (f) to (h) and substitute:
	(f)	constructing, operating, maintaining, modifying or decommissioning a facility;
	(6)	Section 10(3)(j)—delete paragraph (j)
12—Amendment of section 13—Licence classes
	(1)	Section 13(c), (d) and (e)—delete "3 categories" wherever occurring and substitute in each case:
4 categories
	(2)	Section 13—after paragraph (h) insert:
		and
	(i)	hydrogen generation licence.
13—Amendment of section 21—Exploration licences
	(1)	Section 21(1)—delete "3 categories" and substitute:
4 categories
	(2)	Section 21(1)—after paragraph (c) insert:
	(d)	a regulated substance exploration licence.
14—Amendment of section 24—Areas for which licence may be granted
Section 24(2)(c)—after "petroleum exploration licence" insert:
or a regulated substance exploration licence
15—Amendment of section 26—Term and renewal of exploration licence
Section 26(1)—after "5 years" insert:
or such term of less than 5 years as specified by the Minister in a particular case
16—Amendment of section 27—Production of regulated resource under exploration licence
	(1)	Section 27(1)—after "petroleum exploration licence" insert:
or a regulated substance exploration licence
	(2)	Section 27(2a)—delete "petroleum or another" and substitute:
a
17—Amendment of section 28—Retention licences
	(1)	Section 28(1)—delete "3 categories" and substitute:
4 categories
	(2)	Section 28(1)—after paragraph (c) insert:
	(d)	a regulated substance retention licence.
	(3)	Section 28(2)(a)(iii)—delete "petroleum or another" and substitute:
a
18—Amendment of section 30—Grant of retention licence
	(1)	Section 30(1)—after "petroleum retention licence" insert:
, a regulated substance retention licence
	(2)	Section 30(1a)(a) and (b)—delete "petroleum or another" wherever occurring and substitute in each case:
a
19—Amendment of section 31—Area of retention licence
Section 31(1)—delete subsection (1) and substitute:
	(1)	The area of a petroleum retention licence or regulated substance retention licence must not exceed—
	(a)	twice the area under which (according to a reasonable estimate at the time when the licence was granted or last renewed) the discovery is likely to extend; or
	(b)	10 000 km²,
whichever is the lesser.
20—Amendment of section 32—Term of retention licence
Section 32(1)—after "5 years" insert:
or such term of less than 5 years as specified by the Minister in a particular case
21—Amendment of section 34—Production licences
	(1)	Section 34(1)—delete "3 categories" and substitute:
4 categories
	(2)	Section 34(1)—after paragraph (c) insert:
	(d)	a regulated substance production licence.
	(3)	Section 34(4)—delete subsection (4) and substitute:
	(4)	A gas storage licence authorises, subject to its terms—
	(a)	operations for the use of a natural reservoir for the storage of a regulated substance; and
	(b)	operations for the withdrawal of that substance from a natural reservoir.
	(4a)	A regulated substance production licence authorises, subject to its terms, operations of a kind prescribed by the regulations associated with the production of a regulated substance.
22—Amendment of section 35—Grant of production licence
	(1)	Section 35(1)—delete "for the production of a regulated resource of a particular kind" and substitute:
of a particular kind relevant to a category of licence
	(2)	Section 35(1)(b)(ii)—delete "mining" and substitute:
mineral
	(3)	Section 35(1)(c)(ii)—delete "mining" and substitute:
mineral
	(4)	Section 35—after subsection (4) insert:
	(5)	Subsection (3) does not apply if the Minister has entered into a safety net agreement under section 94 in relation to a production licence in respect of a regulated resource in that particular area.
23—Amendment of section 37—Area of production licence
Section 37(1)—after "petroleum production licence" insert:
or regulated substance production licence
24—Amendment of section 43—Royalty on regulated resources
Section 43(4)—delete "within 30 days after the end of each month" and substitute:
by the last day of the month immediately following each month
25—Amendment of section 48—Alteration of pipeline
Section 48, penalty provision—delete "$120 000" and substitute:
$250 000
26—Amendment of section 59—Relationship with other licences
	(1)	Section 59(3)(b)—before "the Minister" insert:
subject to subsection (3a),
	(2)	Section 59—after subsection (3) insert:
	(3a)	The Minister need not consult with an existing licensee if the existing licensee is the person applying for the associated activities licence.
27—Repeal of section 59A
Section 59A—delete the section
28—Amendment of section 59B—Special facilities licence
Section 59B(1)(a)—delete "(within a declared area)" and substitute:
within an area specified in the licence (that must not exceed 5 km²)
29—Repeal of section 59C
Section 59C—delete the section
30—Amendment of section 59E—Relationship with other licences
	(1)	Section 59E(3)(b)—before "the Minister" insert:
subject to subsection (3a),
	(2)	Section 59E—after subsection (3) insert:
	(3a)	The Minister need not consult with an existing licensee if the existing licensee is the person applying for the special facilities licence.
31—Insertion of Part 9B
After section 59E insert:
Part 9B—Hydrogen generation licence
59F—Hydrogen generation licence
	(1)	A hydrogen generation licence authorises the licensee, subject to the terms and conditions specified in the licence—
	(a)	to establish and operate a site (which must not exceed 5 km² in area) at a location specified in the licence for the purposes of generating hydrogen for a prescribed commercial purpose; and
	(b)	to establish and operate facilities and systems associated with generating hydrogen for a prescribed commercial purpose (but not an electricity generation facility or a facility for manufacturing chemicals); and
	(c)	to undertake any other activities that may be associated with, relevant or incidental to, generating hydrogen for a prescribed commercial purpose; and
	(d)	if relevant, confer rights of access to and use of land specified in the licence necessary for undertaking activities under the licence.
	(2)	For the purposes of this Part—
	(a)	the holder of a hydrogen generation licence does not need to be the holder of any other licence under this Act; and
	(b)	the site in respect of which the hydrogen generation licence is granted need not be located within the area of any other licence under this Act.
59G—Term of hydrogen generation licence
	(1)	A hydrogen generation licence will be granted for a term determined by the Minister and specified in the licence.
	(2)	The Minister may—
	(a)	extend the term of a hydrogen generation licence from time to time; or
	(b)	cancel a hydrogen generation licence if the Minister considers that the licence is no longer being used for the purposes for which the licence was granted.
59H—Relationship with other licences
	(1)	This section applies to a hydrogen generation licence authorising operations within the area of another licence.
	(2)	The rights conferred by a hydrogen generation licence prevail over rights conferred by another licence to the extent (if any) determined by the Minister to be reasonable and appropriate and specified in the hydrogen generation licence.
	(3)	Before the Minister grants a hydrogen generation licence to which this section applies—
	(a)	the Minister must have regard to—
	(i)	the reasons put forward by the applicant for the grant of the licence and, in particular, whether they justify the grant of the licence in derogation from the rights of the existing licensee; and
	(ii)	the legitimate business interests of the holder of the existing licence; and
	(iii)	the effect of the operations to be carried out under the hydrogen generation licence on the operations carried out under the existing licence; and
	(iv)	the operational and technical requirements for the safe, efficient and reliable conduct of operations under both licences; and
	(v)	any other matters the Minister considers relevant; and
	(b)	subject to subsection (4), the Minister must consult with the existing licensee about the matters referred to in paragraph (a) and about the conditions to be included in the licence.
	(4)	The Minister need not consult with an existing licensee as required under subsection (3) if the existing licensee is the person applying for the hydrogen generation licence.
	(5)	If a hydrogen generation licence is granted over the area of another licence, the holder of the other licence is to be entitled to compensation for diminution of the rights conferred by that licence—
	(a)	to be agreed between the licensees; or
	(b)	in default of agreement, to be determined by the relevant court.
	(6)	The Supreme Court may, on application by the holder of the other licence made within 2 months after the grant of a hydrogen generation licence to which this section applies, review the terms and conditions of the hydrogen generation licence and vary them as the Court considers just.
	(7)	The Supreme Court may, in exercising its powers under subsection (6), require the relocation or variation of the site to which the hydrogen generation licence relates.
59I—Minister may grant exemption
	(1)	The Minister may, by notice in the Gazette, exempt a person from the requirement to hold a hydrogen generation licence in respect of activities that would otherwise require authorisation under this Act, if the Minister is satisfied that prescribed circumstances exist for the granting of the exemption.
	(2)	An exemption under this section—
	(a)	may be absolute or conditional; and
	(b)	may be varied or revoked by subsequent notice in the Gazette.
32—Amendment of section 65—Application for licence
	(1)	Section 65(1)(a)—delete "an approved form" and substitute:
a manner and form determined by the Minister
	(2)	Section 65(1)(d)—delete "in the approved form" and substitute:
by the Minister
	(3)	Section 65(1)(e)—delete "fee prescribed by the regulations" and substitute:
prescribed fee
	(4)	Section 65(2)(a)—delete "an approved form" and substitute:
a manner and form determined by the Minister
	(5)	Section 65(2)(d)—delete "fee prescribed by the regulations" and substitute:
prescribed fee
33—Amendment of section 69—Grant of compatible licence to area already under licence
	(1)	Section 69(1)—after "the Minister must" insert:
, subject to subsection (1a),
	(2)	Section 69—after subsection (1) insert:
	(1a)	The Minister need not consult with an existing licensee—
	(a)	if the existing licensee is the person applying for the compatible licence; or
	(b)	whose licence, on the day on which the application for the relevant licence is made, had been offered but not yet granted to them by the Minister in accordance with section 66.
34—Insertion of section 73A
After section 73 insert:
73A—Mandatory condition as to management system
It is a mandatory condition of every licence that the licensee must establish and maintain a management system that complies with any requirements prescribed by the regulations in relation to the regulated activities to be carried out under the licence.
35—Amendment of section 74—Classification of activities to be conducted under licence
Section 74(3)(b)—delete "regulation" and substitute:
determination of the Minister
36—Amendment of section 77—Non‑compliance with licence conditions
Section 77, penalty provision—delete "$120 000" and substitute:
$250 000
37—Amendment of section 84—Records to be kept by the licensee
Section 84(1)—after paragraph (c) insert:
	(ca)	a record of their approved statement of environmental objectives under section 99; and
38—Substitution of section 85
Section 85—delete the section and substitute:
85—Reporting of certain incidents
	(1)	A licensee must report an immediately reportable incident to the Minister as follows:
	(a)	an initial report must be provided to the Minister within 24 hours after the licensee becomes aware of the occurrence of the incident;
	(b)	a comprehensive report must be provided to the Minister, in a manner and form determined by the Minister—
	(i)	unless subparagraph (ii) applies—within 3 months after the licensee becomes aware of the occurrence of the incident; or
	(ii)	within a period determined by the Minister in a particular case.
Administrative penalty.
	(2)	A licensee must, in a manner and form, and within the period, determined by the Minister, report a reportable incident to the Minister.
Administrative penalty.
	(3)	In this section—
immediately reportable incident means—
	(a)	an incident arising from activities conducted under a licence specified in the relevant statement of environmental objectives to be an immediately reportable incident; or
	(b)	any other matter brought within the ambit of this definition by a determination of the Minister by notice in the Gazette or by the regulations;
reportable incident means—
	(a)	an incident (not being an immediately reportable incident) arising from activities conducted under a licence specified in the statement of environmental objectives to be a reportable incident; or
	(b)	any other matter brought within the ambit of this definition by a determination of the Minister by notice in the Gazette or by the regulations.
39—Amendment of section 86—Information to be provided by licensee
	(1)	Section 86(1)—delete subregulation (1) and substitute:
	(1)	A licensee must, if requested to do so by the Minister by written notice, in the manner specified in the notice, provide to the Minister information or material relevant to carrying out regulated activities under this Act as specified in the notice.
Administrative penalty.
	(2)	Section 86—after subsection (5) insert:
	(5a)	Any cost associated with complying with a requirement under this section is to be borne by the licensee.
40—Insertion of section 86AA
After section 86 insert:
86AA—Notification of acquisition of controlling interest in business of licensee
	(1)	A licensee must, within 30 days of a person acquiring a controlling interest in the business of the licensee, give notice of that fact to the Minister.
Administrative penalty.
	(2)	A notice under subsection (1) must be in a form, and contain the particulars, determined by the Minister by notice in the Gazette.
	(3)	For the purposes of this section—
	(a)	a reference to business includes bodies and associations (corporate and incorporated) and partnerships; and
	(b)	a person acquires a controlling interest in a business if the person would be treated as having a controlling interest in the business for the purposes of section 72 of the Payroll Tax Act 2009 (disregarding section 72(1)).
41—Amendment of section 86A—Fitness for purpose assessment
	(1)	Section 86A(1) and (2)—delete subsections (1) and (2) and substitute:
	(1)	A licensee must carry out a fitness for purpose assessment of prescribed facilities operated on land within the area of the licence at intervals prescribed by the regulations in order to assess the risk imposed by the prescribed facilities on—
	(a)	public health and safety; and
	(b)	the environment; and
	(c)	the security of production or supply of natural gas (so far as this may be relevant).
	(2)	Section 86A—after subsection (7) insert:
	(8)	In this section—
prescribed facility means—
	(a)	a transmission pipeline; or
	(b)	a pipeline or flowline; or
	(c)	a road or access track; or
	(d)	any equipment to be used in the production, generation or processing of a regulated substance or a regulated resource; or
	(e)	a water disposal pond; or
	(f)	a well; or
	(g)	an airstrip; or
	(h)	a power line; or
	(i)	telecommunications infrastructure, other than mobile telecommunications equipment; or
	(j)	permanent fencing; or
	(k)	any other thing brought within the ambit of this definition by the regulations.
42—Amendment of section 87—Activities to be carried out with due care and in accordance with good industry practice
Section 87, penalty provision—delete "$120 000" and substitute:
$250 000
43—Amendment of section 88—Ministerial direction
	(1)	Section 88(1)—after paragraph (a) insert:
		or
	(ab)	to take specified action required to ensure obligations under this Act or the licence are met; or
	(2)	Section 88—after subsection (1) insert:
	(1a)	A notice under subsection (1)—
	(a)	must specify the Minister's reasons for giving the direction; and
	(b)	must allow a reasonable time for compliance with the direction.
	(3)	Section 88(2), penalty provision—delete "$120 000" and substitute:
$250 000
44—Insertion of section 91A
After section 91 insert:
91A—Assignment of liability or obligation of licensee on surrender or cancellation of licence
	(1)	The Minister may, on application by a licensee before a licence is surrendered or cancelled under this Division, agree to the assignment of a liability or obligation of the licensee under this Act to a third party on terms and conditions determined by the Minister.
	(2)	An agreement under subsection (1) must be in a form, and address any matter, determined by the Minister.
45—Insertion of Part 11 Division 12A
After Part 11 Division 12 insert:
Division 12A—Extension of term or reinstatement of licence
91B—Extension of term of licence
	(1)	This section applies in relation to—
	(a)	an exploration licence; or
	(b)	a retention licence; or
	(c)	a production licence; or
	(d)	a pipeline licence; or
	(e)	an associated activities licence.
	(2)	Without limiting any other provision of this Act, the Minister may at any time extend the term of a licence to which this section applies if the Minister considers—
	(a)	that the holder of a licence to which this section applies has contravened, or failed to comply with, a provision of this Act; and
	(b)	that the term of the licence should be extended in order to support the requirement that the licensee take action—
	(i)	to rehabilitate land in accordance with the requirements of a statement of environmental outcomes; or
	(ii)	to rehabilitate land to a standard required to secure compliance with a condition of the relevant licence; or
	(iii)	to prevent or address undue damage to the environment,
(including to land outside the area of the licence).
	(3)	In connection with subsection (2), the only activities that the licensee may undertake during the period of the extension are activities to give effect to the requirement referred to in subsection (2)(b).
	(4)	The Minister must take reasonable steps to consult with the relevant licence holder before acting under subsection (2).
	(5)	The Minister may, in acting under this section—
	(a)	reduce the area of the licence to an area that is smaller than the area of the original licence at the time of its expiry; and
	(b)	confer rights of access to, and use of, land to which the licence relates on terms and conditions specified in the licence.
	(6)	The Minister must ensure that a notice of the extension of the term of a licence under this section is given to the licence holder and the owner of the land.
91C—Reinstatement of licence
	(1)	This section applies in relation to—
	(a)	an exploration licence; or
	(b)	a retention licence; or
	(c)	a production licence; or
	(d)	a pipeline licence; or
	(e)	an associated activities licence; or
	(f)	a special facilities licence; or
	(g)	a hydrogen generation licence,
(being a licence that has expired).
	(2)	This section sets out a scheme that will allow the Minister to reinstate a licence to which this section applies that has expired.
	(3)	The Minister may act under this section if the Minister considers—
	(a)	that the holder of a licence to which this section applies has contravened, or failed to comply with, a provision of this Act; and
	(b)	that the licence should be reinstated in order to support the requirement that the licensee take action—
	(i)	to rehabilitate land in accordance with the requirements of a statement of environmental objectives; or
	(ii)	to rehabilitate land to a standard required to secure compliance with a condition of the licence; or
	(iii)	to prevent or address undue damage to the environment,
(including to land outside the area of the licence).
	(4)	In connection with subsection (3), the only activities that the licensee may undertake during the period of the reinstatement are activities to give effect to the requirement referred to in subsection (3)(b).
	(5)	The Minister may act under this section despite the cessation of regulated activities under a licence on or before the expiration of the relevant licence.
	(6)	If the Minister decides to act under this section—
	(a)	the licence will be taken to have been reinstated from the date on which the licence expired or from a later date determined by the Minister; but
	(b)	any section of this Act prescribed by the regulations will not apply in relation to the licence.
	(7)	The Minister may, in acting under this section—
	(a)	reinstate a licence in relation to an area that is smaller than the area of the original licence at the time of its expiry; and
	(b)	confer rights of access to and use of land to which the licence relates on terms and conditions specified in the licence.
	(8)	The term of the licence, as reinstated under this section, will be—
	(a)	a term determined by the Minister; or
	(b)	a term that expires at some later time on a date to be determined by the Minister.
	(9)	The Minister reinstates a licence under this section by notice in the Gazette.
	(10)	The Minister must ensure that a notice of the reinstatement of a licence under this section is given to the licensee and the owner of the land.
46—Amendment of section 93—Obligation not to interfere with regulated activities
Section 93, penalty provision—delete "$60 000" and substitute:
$150 000
47—Amendment of section 96—Pre‑conditions of regulated activities
Section 96, penalty provision—delete "$120 000" and substitute:
$250 000
48—Insertion of Part 12 Division 2A
After section 96 insert:
Division 2A—Environmental impact assessment criteria
96A—Environmental impact assessment criteria
	(1)	The Minister must, by notice in the Gazette, determine criteria (the environmental impact assessment criteria) against which the environmental impact of regulated activities is to be assessed for the purposes of this Part.
	(2)	The Minister may, by subsequent notice in the Gazette, vary or revoke a notice under this section.
	(3)	The Minister may, in accordance with any requirements prescribed by the regulations, undertake a review of the environmental impact assessment criteria determined under this section.
49—Amendment of heading to Part 12 Division 3
Heading to Part 12 Division 3—delete "and classification of regulated activities"
50—Amendment of section 97—Environmental impact report
Section 97—after subsection (3) insert:
	(4)	An environmental impact report must include an assessment against the environmental impact assessment criteria in a manner determined by the Minister or prescribed by the regulations.
	(5)	A licensee must undertake consultation on the proposed environmental impact report in accordance with the requirements of the regulations.
51—Repeal of section 98
Section 98—delete the section
52—Substitution of section 99
Section 99—delete the section and substitute:
99—Statement of environmental objectives
	(1)	A statement of environmental objectives for regulated activities—
	(a)	must be prepared in accordance with the requirements prescribed by the regulations; and
	(b)	must be submitted to the Minister for approval.
	(2)	If the Minister determines that an approved statement of environmental objectives should be revised, a revised statement of environmental objectives—
	(a)	must be prepared in accordance with the requirements prescribed by the regulations; and
	(b)	must be submitted to the Minister for approval.
	(3)	A licensee must undertake consultation on the proposed statement of environmental objectives in accordance with the requirements of the regulations.
53—Amendment of section 100—Content of statement of environmental objectives
	(1)	Section 100(1)(c) and (d)—delete paragraphs (c) and (d) and substitute:
	(c)	must set out—
	(i)	leading performance criteria; and
	(ii)	immediately reportable incidents and reportable incidents (both within the meaning of section 85); and
	(d)	must contain such information as prescribed by the regulations.
	(2)	Section 100(3)—delete subsection (3)
54—Substitution of sections 101 to 103
Sections 101 to 103 (inclusive)—delete the sections and substitute:
101—Approval of statement of environmental objectives
	(1)	The Minister may—
	(a)	approve a statement (or revised statement) of environmental objectives without amendment; or
	(b)	after consultation with the licensee—require amendment to a statement (or revised statement) of environmental objectives or the environmental impact report on which the statement is based.
	(2)	If a statement (or revised statement) of environmental objectives is required to be amended under subsection (1)(b), but not substantially, the Minister may approve it in its amended form but, if it is substantially amended, the Minister must undertake public consultation in accordance with section 105A until it is approved without substantial amendment.
	(3)	When the Minister approves a statement (or revised statement) of environmental objectives, the Minister must give notice of the approval in the Gazette.
	(4)	The statement (or revised statement) of environmental objectives comes into force when notice of its approval is published in the Gazette or on a later date stated in the notice of approval.
	(5)	When a revised statement of environmental objectives comes into force it supersedes the previous statement of environmental objectives for the relevant regulated activities.
102—Review of statement of environmental objectives
	(1)	An approved statement of environmental objectives must be reviewed—
	(a)	if the Minister directs that the statement of environmental objectives be reviewed; or
	(b)	if a review is required at a time, or in circumstances, prescribed by the regulations.
	(2)	A review must be conducted—
	(a)	in accordance with any requirements prescribed by the regulations; and
	(b)	taking into account the requirements of section 100; and
	(c)	within a period prescribed by the regulations.
	(3)	A revised statement of environmental objectives subject to a review under this section must be submitted to the Minister in accordance with any requirements prescribed by the regulations.
	(4)	The Minister may, on receipt of a revised statement of environmental objectives submitted to the Minister under this section—
	(a)	approve the revised statement of environmental objectives without amendment; or
	(b)	require amendments to the revised statement of environmental objectives after consultation with the licensee.
	(5)	If a revised statement of environmental objectives subject to a review under this section is required to be amended under subsection (4)(b), but not substantially, the Minister may approve it in its amended form but, if it is substantially amended, the Minister must undertake public consultation in accordance with section 105A until it is approved without substantial amendment.
55—Amendment of section 105—Condition of licence to comply with statement of environmental objectives
Section 105(2) to (4) (inclusive)—delete subsections (2) to (4)
56—Insertion of Part 12 Division 4A
After section 105 insert:
Division 4A—Consultation by Minister
105A—Consultation requirements on environmental impact report and statement of environmental objectives
	(1)	Subject to this Part, the Minister must, in accordance with the requirements prescribed by the regulations, undertake public consultation on—
	(a)	the environmental impact report; and
	(b)	a statement (or revised statement) of environmental objectives.
	(2)	Without limiting subsection (1), regulations made under this section may address the following:
	(a)	the manner and form in which the Minister is to give notice to members of the public that consultation is to occur;
	(b)	the manner in which the environmental impact report or statement (or revised statement) of environmental objectives may be inspected by members of the public;
	(c)	the manner in which submissions are to be made to the Minister and the time before which submissions must be provided to the Minister (which must be not less than 30 business days from the day on which notice is given under paragraph (a));
	(d)	the publication of submissions by the Minister (including that the Minister may refuse to publish submissions on grounds that the submissions are irrelevant, offensive or on any other grounds that the Minister thinks fit);
	(e)	any action that must be undertaken by the licensee as a result of or in response to the consultation.
	(3)	Subject to the regulations, in determining whether or not to approve a statement (or revised statement) of environmental objectives, the Minister must have regard to any submissions received under this section.
57—Amendment of section 106—Environmental register
Section 106(2)—delete subsection (2) and substitute:
	(2)	The register must contain—
	(a)	a copy of every environmental impact report prepared for the purposes of this Act; and
	(b)	a copy of the current environmental impact assessment criteria; and
	(c)	a copy of every current statement (or revised statement) of environmental objectives approved under this Act and a copy of the environmental impact report on which the statement is based; and
	(d)	a copy of a report of a prescribed kind submitted by the licensee in connection with a statement (or revised statement) of environmental objectives; and
	(e)	any other document prescribed by the regulations.
58—Substitution of sections 108 and 109
Sections 108 and 109—delete the sections and substitute:
108—Power to direct person to take action to prevent or minimise environmental harm
	(1)	If, in the Minister's opinion, regulated activities are being conducted in a way that results in, or that is reasonably likely to result in—
	(a)	undue damage to the environment; or
	(b)	a breach of a statement of environmental objectives; or
	(c)	any other breach of this Act,
the Minister may, by written notice given to a licensee (an environmental direction), direct that action be taken to comply with specified requirements to prevent or minimise damage to the environment (to the extent necessary to address the relevant matter arising under paragraph (a), (b) or (c)).
	(2)	A direction under this section may impose any requirement reasonably required for the purpose for which the direction is issued including 1 or more of the following:
	(a)	a requirement that a person specified or identified in the direction discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Minister or an authorised officer;
	(b)	a requirement that a person specified or identified in the direction take specified action in a specified way, and within a specified period or at specified times or in specified circumstances;
	(c)	a requirement that a person specified or identified in the direction take action to prevent or minimise any damage to the environment, or to control any specified activity;
	(d)	a requirement that a person specified or identified in the direction undertake specified tests or monitoring and, in relation to such a requirement—
	(i)	a requirement that the tests or monitoring be carried out by a person with specified qualifications or experience; or
	(ii)	a requirement that a report or reports be provided to the Minister, or to any other specified person;
	(e)	a requirement that a person specified or identified in the direction take specified action to rehabilitate or restore any land;
	(f)	a requirement that a person specified or identified in the direction prepare a plan of action (that complies with any specified requirements and to the satisfaction of the Minister) to prevent or address—
	(i)	undue damage to the environment; or
	(ii)	a breach of a statement of environmental objectives; or
	(iii)	any other breach of this Act;
	(g)	a requirement that a person specified or identified in the direction provide the Minister with specified results or reports.
	(3)	A direction under this section must—
	(a)	specify the grounds on which the direction is issued; and
	(b)	allow a reasonable time for compliance with the direction.
	(4)	A person to whom a direction relates must comply with a direction under this section within the time allowed in the direction.
Maximum penalty: $250 000.
	(5)	If a direction is given under this section, the Minister may review the adequacy of the relevant statement of environmental objectives and, if it appears on the review that a revised statement of environmental objectives is appropriate, the Minister may take the necessary steps to have a revised statement of environmental objectives prepared and brought into force.
	(6)	The Minister must ensure that the owner of land is notified of an environmental direction given under this section.
109—Power to direct rehabilitation of land
	(1)	The Minister may, by written notice given to a licensee (a rehabilitation direction), direct that action be taken—
	(a)	—
	(i)	to rehabilitate land in accordance with the requirements of a statement of environmental objectives; or
	(ii)	to rehabilitate land to a standard required to secure compliance with a condition of the relevant licence,
(including land outside the area of the licence); or
	(b)	to remove abandoned equipment and facilities.
	(2)	A direction under this section—
	(a)	must specify the grounds on which the direction is issued; and
	(b)	must allow a reasonable time for compliance with the direction.
	(3)	A licensee must comply with a direction under this section within the time allowed in the direction.
Maximum penalty: $250 000.
	(4)	For the purposes of this section, a rehabilitation direction may be issued at any time (including after a licence has expired or been cancelled or surrendered) and a reference to a licensee extends (in all cases) to the holder of a licence that has since expired, or has been cancelled or surrendered (but, in such a case, a notice may only be given to the person who was the holder of the licence immediately before its expiration, cancellation or surrender).
	(5)	The Minister must ensure that the owner of land is notified of a rehabilitation direction given under this section.
59—Amendment of section 110—Application for review of direction
Section 110—delete "an environmental direction" wherever occurring and substitute in each case:
a direction under this Division
60—Amendment of section 111—Liability for damage caused by authorised activities
Section 111—after subsection (2) insert:
	(2a)	A report under subsection (2) must be made in a manner, and comply with any requirements, determined by the Minister.
61—Amendment of section 120—Powers of entry and inspection
	(1)	Section 120(2), penalty provision—delete "$4 000" and substitute:
$10 000
	(2)	Section 120—after subsection (2) insert:
	(3)	A person must give an authorised officer such assistance as is reasonably required for the effective exercise of a power conferred by this section.
Maximum penalty: $10 000 or imprisonment for 6 months.
62—Amendment of section 121—Power to gather information
	(1)	Section 121(2), penalty provision—delete "$4 000" and substitute:
$10 000
	(2)	Section 121(3), penalty provision—delete "$4 000" and substitute:
$10 000
63—Amendment of section 122—Production of records
Section 122(2), penalty provision—delete "$4 000" and substitute:
$10 000
64—Substitution of sections 129 and 130
Sections 129 and 130—delete the sections and substitute:
129—Service
A notice or document required to be given or sent to a person under this Act may—
	(a)	be given to the person personally; or
	(b)	be posted in an envelope addressed to the person—
	(i)	at the person's last known address; or
	(ii)	at any address for service provided by the person; or
	(c)	be left for the person with someone apparently over the age of 16 years at any address for service provided by the person; or
	(d)	be transmitted by email to an email address provided by the person (in which case the notice or document will be taken to have been given or sent at the time of transmission).
130—False or misleading information
A person who gives information to the Minister, an authorised officer or any other person involved in the administration of this Act that is false or misleading in a material particular is guilty of an offence.
Maximum penalty: $150 000.
65—Insertion of section 132
After section 131 insert:
132—Charge on property if debt due to Crown
	(1)	This section applies to property (other than real property) if the owner of the property is liable to pay a debt due to the Crown under this Act.
	(2)	A charge on the property to secure payment of the debt to the Crown is created by force of this section.
	(3)	A charge created on property under subsection (2)—
	(a)	has priority over any other interest in the property (including a security interest within the meaning of the Personal Property Securities Act 2009 of the Commonwealth); and
	(b)	has priority over all other encumbrances; and
	(c)	is not affected by a change in ownership of the property.
	(4)	Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to the charge.
	(5)	The charge remains in force until the debt is paid in full or otherwise discharged.
66—Substitution of section 135
Section 135—delete the section and substitute:
135—Disclosure of information
An authorised officer or any other person who carries out or has carried out duties related to the administration of this Act must not disclose confidential information obtained by them in the course of the administration of this Act except—
	(a)	to another person in the course of the administration of this Act; or
	(b)	as permitted by the person in whose favour the duty of confidentiality exists; or
	(c)	as permitted by the Minister after consultation (where practicable) with the person in whose favour the duty of confidentiality exists; or
	(d)	to a person for the purposes of ensuring compliance with a requirement of this Act or a prescribed Act; or
	(e)	to a prescribed authority or an officer or employee of a prescribed authority; or
	(f)	as required by law; or
	(g)	as is otherwise necessary for the proper administration of this Act or a prescribed Act.
Maximum penalty: $20 000.
67—Amendment of section 136—Administrative penalties
Section 136(4)(a)—delete "$10 000" and substitute:
$15 000
68—Substitution of section 138
Section 138—delete the section and substitute:
138—Regulations and fee notice
	(1)	The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
	(2)	Without limiting the generality of subsection (1), the regulations may—
	(a)	regulate the conduct of operations involved in exploration for, or the production or generation of, a regulated substance or a regulated resource; and
	(b)	prohibit or restrict activities that may result in waste—
	(i)	of a regulated resource or a regulated substance; or
	(ii)	associated with undertaking a regulated activity; and
	(c)	require licensees generally or a particular class of licensee to provide prescribed information certified, if the regulations so require, by declaration under this Act; and
	(d)	provide that any matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister; and
	(e)	prescribe a penalty not exceeding $20 000 for a contravention of any regulation.
	(3)	A regulation may be of general or limited application and may vary in operation according to factors stated in the regulation.
	(4)	The Governor may by regulation, make provisions of a saving or transitional nature consequent on the amendment of this Act by another Act.
	(5)	A provision made by a regulation under subsection (4) may be in addition to any provision of a saving or transitional nature made by the Act that makes the amendment.
	(6)	A provision made by a regulation under subsection (4) may, if the regulations so provide, take effect from the commencement of the amendment or from a later day.
	(7)	To the extent to which a provision takes effect under subsection (6) from a day earlier than the day of the publication of the regulation in the Gazette, the provision does not operate to the disadvantage of a person by—
	(a)	decreasing the person's rights; or
	(b)	imposing liabilities on the person.
	(8)	The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.

Schedule 1—Transitional and saving etc provisions
1—Interpretation
	(1)	In this Schedule—
principal Act means the Petroleum and Geothermal Energy Act 2000;
relevant day means the day on which this clause comes into operation;
relevant period means the period beginning on the relevant day and ending on the day on which a statement of environmental objectives revised on or after the relevant day comes into force.
	(2)	In this Schedule, terms used have the same meanings consistent with the meanings they have in the principal Act.
2—Transitional and saving etc provisions
	(1)	A serious incident as defined in section 85 of the principal Act as in force immediately before the relevant day, will, during the relevant period, be taken to be an immediately reportable incident within the meaning of section 85 of the principal Act as in force immediately after the relevant day.
	(2)	A fitness for purpose assessment carried out by a licensee under section 86A of the principal Act as in force immediately before the relevant day will, until 12 months after the relevant day, be taken to satisfy the requirements under section 86A of the principal Act as in force immediately after the relevant day.
	(3)	A statement of environmental objectives in force under Part 12 of the principal Act immediately before the relevant day will, during the relevant period—
	(a)	continue to apply in relation to the carrying out of regulated activities by a licensee under the principal Act; and
	(b)	be subject to the operation of Part 12 of the principal Act as in force immediately after the relevant day (including requirements that apply in relation to a statement of environmental objectives that is revised or reviewed on or after the relevant day); and
	(c)	be taken to satisfy the requirements of Part 12 of the Act, subject to prescribed modifications.

HA GP 038-B OPC 038