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NOTIFICATION REQUIREMENTS OF PETROLEUM TITLEHOLDERS TO NOPTA AND NOPSEMA EFFECTIVE FROM 1 JANUARY 2012

With the commencement of amendments to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGSA) from 1 January 2012, titleholders should be aware that there will be a number of requirements upon them to notify NOPTA and NOPSEMA of certain matters. These are set out below. Note 'titleholder' refers to each individual member of a group of titleholders. NOTIFICATION OF BEING A REGISTERED TITLEHOLDER AS AT 1 JANUARY 2012 Under subsection 286A(1) of the OPGGSA each titleholder is required to complete a notification for each separate title. This notification is required to be provided to both NOPTA and NOPSEMA by 31 January 2012. Failure to complete a notification by each titleholder is an offence under subsection 286A(7). (Form 1) NOTIFICATION OF BECOMING A REGISTERED TITLEHOLDER AFTER 1 JANUARY 2012 Under subsection 286A(2) of the OPGGSA each titleholder is required to complete this notification for each title granted after 1 January 2012. This notification is required to be provided to both NOPTA and NOPSEMA within 30 days of becoming a registered titleholder. Failure to do by each titleholder is an offence under subsection 286A(7). (Form 2) NOTIFICATION OF CEASING TO BE A REGISTERED TITLEHOLDER If a person ceases to be a registered titleholder by reason other than death, then under subsections 286A(3) of the OPGGSA, the person must notify NOPTA and NOPSEMA within 30 days of the cessation (s286A(3)). The notification to NOPTA may occur through the title transfer process (refer Part 4.3 of the OPGGSA). If the titleholder dies, the person's legal personal representative must notify NOPTA and NOPSEMA within 30 days after the date of death(s 286A(4). No particular form of notification is prescribed. Failure to give either of the notifications above is an offence under subsection 286A(7). NOTIFICATION OF CHANGE OF CONTACT DETAILS Under subsection 286A(5) each titleholder is required to complete this notification for each separate title. This notification is required to be provided to both NOPTA and NOPSEMA within 30 days of a change of any of a registered titleholder's required contact details. Failure to do so by each titleholder is an offence under subsection 286A(7). (Form 3) MULTIPLE TITLEHOLDERS ­ NOMINATION OF SINGLE REGISTERED TITLEHOLDER FOR THE SERVICE OF DOCUMENTS Where there are two or more registered holders of a title, section 774 of the OPPGSA provides for them, by joint written notice given to both NOPTA and NOPSEMA, to nominate a single registered holder to receive service of notices and other documents on behalf of all the

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titleholders. Only following receipt of such a joint written notice may NOPTA and NOPSEMA serve documents on that titleholder alone. (Form 4) Nomination by joint written notice under section 774 is not compulsory, however, multiple titleholders who have not given a nomination under that section will all receive documents that NOPTA and NOPSEMA are required or permitted to give to a titleholder under the Act. It is therefore in titleholders' interest to simplify communications with regulators by giving a notification. Titleholders who previously gave a section 774 nomination to the Designated Authority are requested to make a new nomination using the form provided, as compliance with forms is now mandatory. This nomination relates only to the simplification of service of documents by NOPTA and NOPSEMA. It is not essential for valid service of documents by regulators. Subsection 774(5) provides for revocation of a nomination by any member of the titleholder group. (Form 5) NOMINATION FOR ELIGIBLE VOLUNTARY ACTION BY MULTIPLE TITLEHOLDERS Section 775B of the OPGGSA provides that, if there are 2 or more registered holders of a petroleum title, they may, by joint written notice given to NOPTA, nominate one of them as being the person who is authorised to take `eligible voluntary action' on behalf of the registered holders (Form 6). Where such a nomination is in force, and the nominated titleholder takes an `eligible voluntary action' that is expressed to be made on behalf of all the titleholders, then the application etc is taken to have been made by all the titleholders jointly ['Eligible voluntary action' is defined under section 775A of the OPGGSA as making an application; giving a nomination (other than nominations given under section 774 or section 775B ); making a request; or giving a notice where the making of the application, request etc is permitted but not required under the Act (hence `voluntary'). For example, applying for renewal of an exploration permit is an `eligible voluntary action'] Importantly, subsection 775B provides that the registered holders are not entitled to take an `eligible voluntary action' except in accordance with the above procedure. From 1 February 2012, NOPTA will only accept applications, nominations, requests or notices that are `eligible voluntary actions' if they are made or given to NOPTA in accordance with section 775B. If a titleholder group has previously given a nomination to the Designated Authority under section 775B, a new nomination will be required to be given to NOPTA. Any registered titleholder can revoke the nomination. If the nominee titleholder ceases to be a registered holder of the title, the nomination ceases to be in force. (Form 7) Accordingly, while the giving of a nomination under section 775B is technically optional, serious consequences may follow if multiple titleholders fail to give a nomination prior to

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attempting to take an `eligible voluntary action'. For example, a statutory deadline might be missed. To assist titleholders, the respective forms for these notification requirements are located at: www.nopta.gov.au/resources/nopta/Pages/NOPTAForms In the case of notifications of being a registered titleholder and contact details, it is the responsibilities of each registered titleholder to complete and sign the forms and send them to NOPTA and NOPSEMA respectively within the required timeframes. In the case of nominations of a single titleholder for receipt of service of documents, this must be a joint notice executed by all titleholders. Similarly, in the case of a nomination under section 775B of a single titleholder to take `eligible voluntary actions', there must be a joint notice executed by all titleholders. While only the form of execution (signature) is required to be approved, the entire form has been provided for the convenience of titleholders. Any queries on these requirements effective from 1 January 2012, please contact NOPTA Titles Team ([email protected])

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Fact Sheet - Notification requirements of Titleholders to NOPTA and NOPSEMA

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Fact Sheet - Notification requirements of Titleholders to NOPTA and NOPSEMA