Bills: Offshore Petroleum and Greenhouse Gas Storage Amendment (Cross-boundary Greenhouse Gas Titles and Other Measures) Bill 2019, Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment (Misc Measures) Bill 2019 - In Committee

12 May 2020

Senator Patrick: by leave—I move amendments (1) and (2), together, on sheet 8897:

(1) Clause 2, page 3 (at the end of the table), add:

12. Schedule 5

The day after this Act receives the Royal Assent.

 

     

[commencement]

(2) Page 201 (after line 19), at the end of the Bill, add:

Schedule 5—Duration of petroleum exploration permits

Part 1—Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Section 7

Insert:

Commonwealth Great Australian Bight area has the meaning given by Schedule 9.

2 After section 102

Insert:

102A Duration of petroleum exploration permit—limit on extensions of permits relating to Commonwealth Great Australian Bight area

(1) This section applies to a petroleum exploration permit granted in respect of an area in the Commonwealth Great Australian Bight area.

(2) Despite the provisions of this Act that allow for the extension of the duration of a petroleum exploration permit, the period for which the petroleum exploration permit remains in force must not be extended under those provisions (whether by a single extension or by multiple extensions under one or more of those provisions) to remain in force for a period of more than 10 years beginning on the day the permit came into force.

Note: See notes 1 to 4A at the end of section 102 for the provisions about the extension of the duration of permits.

3 At the end of the Act

Add:

Schedule 9—Commonwealth Great Australian Bight area

Note: See the definition of CommonwealthGreat Australian Bight area in section 7.

1 Commonwealth Great Australian Bight area

The Commonwealth Great Australian Bight area is an area in the Southern Ocean bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Commonwealth Great Australian Bight area

 

 

Item

Description

South latitude

East longitude

1

The intersection of the outer limit of the State waters of South Australia (three nautical miles) with the meridian of longitude 140° 34' 8.13" East

38° 4' 51.07"

140° 34' 8.13"

2

South along that meridian to its intersection by the outer limit of the exclusive economic zone (200 nautical miles)

42° 37' 30.68"

140° 34' 8.13"

3

Generally north‑westerly along the outer limit of the exclusive economic zone to its intersection by the meridian of longitude 123° 19' 60.00" East

37° 42' 47.02"

123° 19' 60.00"

4

North along that meridian to its intersection with the outer limit of State waters of Western Australia (Dome Island)

34° 13' 2.64"

123° 19' 60.00"

5

Generally easterly, then northerly, north‑westerly along the State waters of Western Australia (Dome Island) to its intersection by the meridian of longitude 123° 19' 60.00" East

34° 6' 16.92"

123° 19' 60.00"

6

North along that meridian to its intersection with the outer limit of State waters of Western Australia

34° 3' 39.69"

123° 19' 60.00"

7

Generally easterly and north‑easterly along the easternmost point on the outer limit of State waters of Western Australia (excluding the State waters of the following islands: South East Islands, Round Island and Eastern Group) to the westernmost point on the outer limit of the State waters of South Australia

8

Generally easterly and south‑easterly along the outer limit of State waters of South Australia (and excluding the following State waters of South Australia: Flinders Island, Ward Island, Pearson Islands, Greenly Island, Rocky Island, Lipson Reef, Young and North Rocks) to the point of commencement

       

Part 2—Application and transitional provisions

4 Application provision

The amendments made by Part 1 of this Schedule apply in relation to the following:

(a) a petroleum exploration permit that is granted on or after the commencement of this Schedule;

(b) a petroleum exploration permit that:

   (i) is in force immediately before the commencement of this Schedule; and

   (ii) has not been in force at that time for a period of more than 10 years; and

   (iii) has not, before that time, been granted an extension of the duration of the permit that would result in the permit remaining in force for a period of more than 10 years beginning on the day the permit came into force.

5 Transitional provision—petroleum exploration permit in force for more than 10 years

(1) This item applies in relation to a petroleum exploration permit that:

(a) is in force immediately before the commencement of this Schedule; and

(b) was granted in relation to an area in the Commonwealth Great Australian Bight area; and

(c) has been extended one or more times under one or more provisions of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 such that:

   (i) the permit has been in force, when this Schedule commences, for a period of more than 10 years beginning on the day the permit came into force; or

   (ii) the permit will, as a result of an extension granted before this Schedule commences, remain in force for a period of more than 10 years beginning on the day the permit came into force.

(2) On and after the commencement of this Schedule, the duration of the petroleum exploration permit must not be extended again under any of the provisions the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that would otherwise allow for the extension of the duration of the permit.

I did cover this in my second reading speech, but, just to make the chamber alert to what this is about: this is an amendment that seeks to place a time limit on exploration in the Great Australian Bight, basically saying that you cannot perpetually get extensions upon extensions upon extensions that stifle investment in the tourist industry and, indeed, the fishing industry, particularly on the Eyre Peninsula but right along the South Australian coastline.

I make the point that I know Minister Birmingham did rise and talk about the need for energy. His position would be more palatable if, for example—and I say this with Centre Alliance quite supportive of things like gas as a transitional energy source; we're not seeking to stop things, but, at the same time, we are seeking government direction and leadership in relation to things like electric vehicles, which can reduce our dependencies on oil and gas. Nothing seems to be happening in that space. Not only do electric vehicles assist in terms of reducing reliance on oils but they also improve productivity. Electric vehicles involve less maintenance, they have fewer moving parts than regular vehicles and they don't emit poisonous gases in the same way that internal combustion engine cars do. It is the future, and most countries around the world have adopted electric vehicles. They're encouraging electric vehicles and, indeed, have placed limits upon the time frame in which it will be possible to purchase an internal combustion engine vehicle. As I move this, I just indicate to the government that there are things that they can do where there's a win-win, and unfortunately they're not showing leadership in those sorts of areas.

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