I must say it is good to see some actual facts being thrown...

I must say it is good to see some actual facts being thrown about regarding this. I think some may be over analysing information in search of an outcome. The simple facts are;

A Guideline in relation to the

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Prepared by the Commonwealth Department of Industry, Science, Energy and Resources

Effective 1 January 2012

PLEASE NOTE: as of 1 January 2012 the National Offshore Petroleum Titles Administrator(NOPTA) will be the first point of contact on all issues relating to offshore petroleum andgreenhouse gas storage titles administration and data management.

PURPOSE

This Guideline sets out arrangements which have been adopted to ensure a uniform andconsistent approach to Joint Authority (JA) decision-making under the Offshore Petroleum andGreenhouse Gas Storage Act 2006 (OPGGSA).

It is anticipated the Guideline will be amended from time to time. A current version of thisGuideline is available on the Internet at www.nopta.gov.au.

1. KEY FUNCTIONS AND POWERS OF THE JOINT AUTHORITY

1. 1.1. Part 1.3 of the OPGGSA creates a JA for the purpose of the Act for each offshore area.

2. 1.2. The JA for an offshore area of a state/Northern Territory (NT) is constituted by:

   1. 1.2.1. The responsible state/NT Minister; and

   2. 1.2.2. The responsible Commonwealth Minister.

3. 1.3. The JA for the offshore areas of each external Territory (e.g. the external Territory ofAshmore and Cartier Islands) is the responsible Commonwealth Minister. The responsibleCommonwealth Minister is also the JA for the Eastern Greater Sunrise offshore area.

4. 1.4. The JAs are responsible for key petroleum title decisions in Commonwealth waters. Keyfunctions and powers of the JAs include:

   1. 1.4.1. the release of offshore petroleum exploration areas;

   2. 1.4.2. assessment of bids for these areas;

   3. 1.4.3. granting (or refusal) and renewal of offshore petroleum titles;

   4. 1.4.4. variation of title conditions;

   5. 1.4.5. suspension and extension to title terms; and

   6. 1.4.6. cancellation of titles.

OFFSHORE PETROLEUM JOINT AUTHORITY DECISION-MAKING PROCEDURES 1

2. MATTERS FOR JOINT AUTHORITY DECISIONAssessment of Applications

1. 2.1. All applications relating to offshore titles are to be received by NOPTA on behalf of theJAs.

2. 2.2. NOPTA will be responsible for assessing applications in relation to offshore petroleumtitles and providing reports with recommendations to the JA for decisions through therelevant Commonwealth and state/NT Departments. The reports will address titlesadministration and resource management issues and comply with any relevant legislativerequirements.

3. 2.3. Commonwealth and state/NT Departments will be responsible for considering the NOPTAreports and input any relevant policy, local or other advice to their Minister or delegate.

4. 2.4. The JAs will seek to make decisions on a consensus basis within a reasonable timeframe.The members of the JA will have the opportunity to seek clarification or additionalinformation from NOPTA or their Departments.

Consultation/Additional Information

1. 2.5. In preparing reports to the JAs about applications relating to petroleum titles, NOPTA willneed to consult with relevant stakeholders, which may include petroleum companies,Commonwealth/state/NT government agencies, other users of offshore areas,environmental groups, etc. Consultation by NOPTA may be undertaken jointly withstate/NT Departments.

2. 2.6. Departments will have the opportunity to seek clarification or additional information fromNOPTA. It is intended that NOPTA would be the first point of contact with industryregarding title applications. Should Commonwealth, state and NT departments requireclarification or additional information from industry regarding title applications, therequests should be routed through NOPTA.

Consideration of NOPTA Report

1. 2.7. Where there is more than one member of a JA, NOPTA will submit its reports to bothmembers of the JA at the same time via the relevant Commonwealth and state/NTDepartments. Where the JA comprises only the responsible Commonwealth Minister,NOPTA will submit its report to the JA via the Commonwealth Department.

2. 2.8. Commonwealth, state and NT Departments are to be provided a reasonable opportunity toconsider NOPTA advice. It is envisaged that consideration by Departments of NOPTAreports should take no more than two weeks for complex decisions and one week forsimple decisions. These periods may need to be extended if clarification or additionalinformation is requested from NOPTA or industry.

Decision

1. 2.9. Departments will submit the NOPTA report and any Departmental advice to theirrespective member of the JA or their delegate for decision.

2. 2.10. In accordance with section 66(6) of the OPGGSA, if delegates are unable to agree on amatter requiring decision, they must refer the matter to the JA.

3. 2.11. In the event of a dispute between the Commonwealth member and the state/NT member ofthe JA, the Commonwealth member’s view will prevail. It is envisaged that consultationbetween the members of the JA and NOPTA would occur prior to the Commonwealthmember’s decision over-riding a state/NT member’s decision.

OFFSHORE PETROLEUM JOINT AUTHORITY DECISION-MAKING PROCEDURES 2

1. 2.12. The state/NT member of the JA or their delegate will advise their written decision viaNOPTA to the Commonwealth member of the JA or their delegate, prior to theCommonwealth member or their delegate making their written decision to the state/NTmember or their delegate (via NOPTA). Where the JA comprises only the responsibleCommonwealth Minister, the Commonwealth Minister or delegate will provide the writtendecision to NOPTA.

2. 2.13. NOPTA will advise applicants of the JA decisions.

3. PRESS RELEASES ON JOINT AUTHORITY MATTERS

1. 3.1. From time to time, the JA will deal with matters on which it will be appropriate to issue apress release. Such matters will include:

   1. 3.1.1. the invitation of applications for exploration permits;

   2. 3.1.2. the award of new exploration permits and renewals of existing permits;

   3. 3.1.3. the award of production licences.

2. 3.2. Where a JA press release is considered appropriate, Commonwealth and State/NT officerswill consult on the preparation and co-ordination of a draft press release to be submitted tothe Commonwealth and State/NT Ministers for approval.

TABLE OF REVISIONS

Date	Version	Purpose	Jurisdiction
February 2020	4	Update departments name	Cth
May 2012	3	Updated to reflect changes toOPGGSA—transfer to NOPTA	Cth

OFFSHORE PETROLEUM JOINT AUTHORITY DECISION-MAKING PROCEDURES 3