Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If either:
(a) both:
(i) an environment plan is submitted to NOPSEMA under a regulation of a State or Territory that substantially corresponds to a prescribed provision of regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 ; and
(ii) the activities to which the plan relates are authorised by one or more State/Territory titles; or
(b) both:
(i) a proposed revision of an environment plan is submitted to NOPSEMA under a regulation of a State or Territory that substantially corresponds to a prescribed provision of regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 ; and
(ii) the activities to which the revised plan relates are authorised by one or more State/Territory titles; or
(c) both:
(i) an environment plan is submitted to NOPSEMA under a regulation of a State or Territory that substantially corresponds to a prescribed provision of regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 ; and
(ii) the plan is submitted by an applicant for a State/Territory title that substantially corresponds to a Commonwealth title mentioned in paragraph (e), (f), (g), (k) or (l) of the definition of Commonwealth title in subsection 10F(7); or
(d) both:
(i) an environment plan is submitted to NOPSEMA under a regulation of a State or Territory that substantially corresponds to a prescribed provision of regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 ; and
(ii) the activities to which the plan relates are carried out for the purposes of complying with a State/Territory remedial direction; or
(e) both:
(i) a proposed revision of an environment plan is submitted to NOPSEMA under a regulation of a State or Territory that substantially corresponds to a prescribed provision of regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 ; and
(ii) the activities to which the revised plan relates are carried out for the purposes of complying with a State/Territory remedial direction;
levy is imposed on the submission.
(2) Levy imposed by subsection (1) is to be known as environment plan levy .
(3) Environment plan levy imposed by subsection (1) is payable:
(a) if:
(i) paragraph (1)(a) applies; and
(ii) the activities to which the plan relates are authorised by a single State/Territory title;
by the titleholder; or
(b) if:
(i) paragraph (1)(a) applies; and
(ii) the activities to which the plan relates are authorised by 2 or more State/Territory titles;
jointly and severally by the titleholders; or
(c) if:
(i) paragraph (1)(b) applies; and
(ii) the activities to which the revised plan relates are authorised by a single State/Territory title;
by the titleholder; or
(d) if:
(i) paragraph (1)(b) applies; and
(ii) the activities to which the revised plan relates are authorised by 2 or more State/Territory titles;
jointly and severally by the titleholders; or
(e) if paragraph (1)(c) applies--by the applicant for the State/Territory title; or
(f) if paragraph (1)(d) or (e) applies--by the person who is subject to the remedial direction.
Amount of environment plan levy
(4) The amount of environment plan levy imposed by subsection (1) in respect of a submission is the amount that is specified in, or worked out in accordance with, the regulations.
(5) The regulations may specify different amounts of environment plan levy, or different means of working out amounts of environment plan levy, in relation to different circumstances.
(6) Subsection (5) does not limit subsection 33(3A) of the Acts Interpretation Act 1901 .
(7) In this section:
"registered holder" , in relation to a State/Territory title, means the person whose name is shown in the Register kept under the relevant State PSLA or Territory PSLA as the holder of the title.
"State/Territory title" means an instrument under a State PSLA or Territory PSLA that confers, in relation to the designated coastal waters of a State or Territory, some or all of the rights that a Commonwealth title (within the meaning of section 10F) confers in relation to the offshore area of the State or Territory.
"titleholder" means:
(a) for a State/Territory title that substantially corresponds to a Commonwealth title mentioned in any of paragraphs (a) to (g) or (h) to (l) of the definition of Commonwealth title in subsection 10F(7)--the registered holder of the title; or
(b) for a State/Territory title that substantially corresponds to a consent mentioned in paragraph (ga) or (m) of the definition of Commonwealth title in subsection 10F(7)--the holder of the consent under the relevant State PSLA or Territory PSLA.