This page belongs to: Trailing liability for decommissioning of offshore petroleum property: guidelines
4.1. Prior to commencement of the expanded remedial directions provisions on 2 March 2022, a form of trailing liability was already provided for under the OPGGS Act. This guideline will refer to this as the ‘pre-existing provisions’. The pre-existing provisions continue to apply.
4.2. Where a title wholly ceased to be in force before 1 January 2021, including as a result of a renewal of the title:
- A remedial direction may be issued under the pre-existing provisions to the immediate former holder of the title. The immediate former holder of the title is the holder of the title at the time it ceased to be in force.
4.3. Where a title ceased to be in force in part before 1 January 2021:
- A remedial direction may be issued under the pre-existing provisions to the holder of the title at the time it ceased to be in force in part, in relation to the blocks that are no longer part of the title.
4.4. A direction cannot be issued to related bodies corporate and related persons under the pre-existing provisions.
4.5. In relation to titles that have wholly or partly ceased to be in force prior to 1 January 2021, remedial directions can be issued under the pre-existing provisions in relation to the vacated area only if the title ceased to be in force other than by way of surrender. This includes titles that have expired, been cancelled or have been terminated.
4.6. In the case of an access authority or special prospecting authority that ceased to be in force prior to 1 January 2021, a direction can be issued regardless of how the title ceased to be in force.
- The titleholder may have elected not to renew the title in relation to all blocks or in the case of renewing an exploration permit was required to relinquish blocks in accordance with the halving rules as set out in OPGGS Act Part 2.2.↵
- Vacated area’ is defined in section 14 of the OPGGS Act.↵