Records Authority 2013/00640272

Department of Industry - National Offshore Petroleum Titles Administrator

Offshore Petroleum and Greenhouse Gas Storage Titles Administration

2014

This is an accurate reproduction of the authorised records authority content, created for accessibility purposes

Introduction

The Department of Industry and the National Archives of Australia have developed this Records Authority to set out the requirements for keeping or destroying records for the business area of Offshore Petroleum and Greenhouse Gas Storage Titles Administration. It represents a significant commitment on behalf of the Department to understand, create and manage the records of its activities.

This Authority is based on the identification and analysis of the business of the National Offshore Petroleum Titles Administrator (NOPTA), a branch of the Resources Division of the Department of Industry. It takes into account the NOPTA's legal and organisational records management requirements, and the interests of stakeholders, NOPTA and the National Archives of Australia.

The Authority sets out those records that need to be retained as national archives and specifies the minimum length of time that temporary records need to be kept. This Authority gives the Department of Industry permission under the Archives Act 1983, for the destruction of the temporary records described after the minimum retention period has expired. Retention periods for these temporary records are based on: an assessment of business needs; broader organisational accountability requirements; and community expectations, and are approved by the National Archives of Australia on the basis of information provided by NOPTA.

As changes in circumstances may affect future records management requirements, a periodic review of this Authority is recommended. All amendments must be approved by the National Archives.

Application of this Authority

  1. This Authority is to be used to determine how long records must be kept. Records are matched to the relevant core business and records class in the Authority.
    • Where the minimum retention period has expired and the records are not needed for agency business they should be destroyed as authorised in this Authority.
    • Records that have not reached the minimum retention period must be kept until they do.
    • Records that are identified as Retain as National Archives (RNA) are to be transferred to the National Archives of Australia for preservation.
  2. This Authority should be used in conjunction with general records authorities such as:
    • the Administrative Functions Disposal Authority (AFDA) and/or AFDA Express issued by the National Archives to cover business processes and records common to Australian Government agencies;
    • General Records Authority (31) for source (including original) records that have been copied, converted or migrated.
  3. The Normal Administrative Practice (NAP) provision of the Archives Act 1983 gives agencies permission to destroy certain records without formal authorisation. This usually occurs where records are duplicated, facilitative or for short-term use only. NAP does not replace arrangements agreed to in this Authority but can be used as a tool to assist in identifying records for destruction together with an agency's Records Authority or Authorities, and with AFDA and AFDA Express. The National Archives recommends that agencies develop and implement a Normal Administrative Practice policy. Advice and guidance on destroying records as a normal administrative practice and on how to develop an agency NAP policy is available from the National Archives' website at www.naa.gov.au.
  4. Records that are reasonably likely to be needed as evidence in a current or future judicial proceeding or are subject to a request for access under the Archives Act 1983, the Freedom of Information Act 1982 or any other relevant Act must not be destroyed until the action has been completed.
  5. Records subject to a disposal freeze must not be destroyed until the freeze has been lifted. Further information about disposal freezes and whether they affect the application of this Authority is available from the National Archives website at www.naa.gov.au.
  6. Where the method of recording information changes (for example from a manual system to an electronic system, or when information is migrated from one system to a new system) this Authority can still be applied, providing the records document the same core business. The information must be accessible for the period of time prescribed in this Authority. NOPTA will need to maintain continuing access to the information, including digital information, for the periods prescribed in this records authority or until the information is transferred into the custody of the National Archives.
  7. In general, retention requirements indicate a minimum period for retention. The Department may extend minimum retention periods if it considers that there is an administrative need to do so, without further reference to the National Archives. Where the Department believes that its accountability will be substantially compromised because a retention period or periods are not adequate, it should contact the National Archives for review of the retention period.
  8. Records coming within ‘Retain as national archives' classes in this Authority have been determined to be part of the archival resources of the Commonwealth under Section 3C of the Archives Act 1983. The determination of Commonwealth records as archival resources of the Commonwealth obliges agencies to transfer the records to the National Archives when they cease to be current and, in any event, within 15 years of the records coming into existence, under Section 27 of the Archives Act 1983.
  9. Records in the care of agencies should be appropriately stored, managed and preserved. Agencies need to meet this obligation to ensure that the records remain authentic and accessible over time. Under Section 31 of the Archives Act 1983, access arrangements are required for records that become available for public access including those records that remain in agency custody.
  10. Appropriate arrangements should be made with the National Archives when records are to be transferred into custody. The National Archives accepts for transfer only those records designated as national archives.
  11. Advice on how to use this Authority is available from the NOPTA business manager. If there are problems with the application of the Authority that cannot be resolved, please contact the National Archives.

Contact Information

For assistance with this authority or for advice on other records management matters, please contact National Archives' Agency Service Centre.

Queen Victoria Terrace
Parkes ACT 2600

PO Box 7425
Canberra Mail Centre ACT 2610

Email: recordkeeping@naa.gov.au
Website: www.naa.gov.au

Authorisation

Person to whom notice of authorisation is given:

Glenys Beauchamp PSM
Secretary
Department of Industry
Industry House
10 Binara St
Canberra ACT 2601

Purpose:

Authorises arrangements for the disposal of records in accordance with Section 24(2)(b) of the Archives Act 1983

Determines records classed as 'Retain as national archives' in this Records Authority to be part of the archival resources of the Commonwealth under section 3C of the Archives Act 1983.

Application:

All core business records relating to Offshore Petroleum and Greenhouse Gas Storage Titles Administration.

This authority gives permission for the alteration of the records described. This authority will apply only with the consent of the agency currently responsible for the business documented in the records described.

Authorised by:

David Fricker
Director-General
National Archives of Australia

9 April 2014

Classes

Offshore Petroleum and Greenhouse Gas Storage Titles Administration

The core business of managing petroleum and greenhouse gas storage titles in accordance with Commonwealth legislation, including the creation and management of registers of petroleum and greenhouse gas storage titles and the management and release of data. Responsibilities also include monitoring and enforcing compliance of titleholder and operator activities and facilitating responsible exploration, development and exploitation of petroleum resources and greenhouse gas storage reservoirs in Commonwealth offshore areas.

Excludes records of the Joint Authorities who are responsible for key petroleum title decisions in Commonwealth waters.

The core activities include:

  • creating and maintaining registers of petroleum and greenhouse gas storage titles;
  • assessing applications relating to new and existing permits, leases and licences;
  • approval of and registration of transfers and dealings relating to titles (e.g. transferring of ownership);
  • receiving physical samples and core samples;
  • processing requests for access to core samples;
  • management and release of data;
  • giving advice, information, analysis, reports and recommendations to the responsible Minister(s) in relation to exercising the functions of the Joint Authorities;
  • monitoring titleholder compliance;
  • managing appeals against decisions;
  • liaising with government agencies and industry;
  • carrying out research, including research into geographic titles;
  • collection of annual titles administration levies; and
  • developing guidance material for applicants.

The performance of the core business is supported by general activities such as:

  • managing agreements;
  • managing committees and meetings;
  • managing customer service;
  • delegating powers and authorising actions;
  • responding to enquiries;
  • evaluating, reviewing and reporting;
  • developing fee arrangements;
  • planning; and
  • developing operational policy, procedures and guidelines.

Cross references to AFDA Express Records Authority

  • For legal advice use, LEGAL SERVICES.
  • For ministerial determinations, use GOVERNMENT RELATIONS.
  • For processing industry payments such as the Annual Titles Administration Levy (ATA), use FINANCIAL MANAGEMENT.
  • For updating title notifications and application forms, use INFORMATION MANAGEMENT.
Class no Description of records Disposal action
61501

Records documenting:

  • statutory registers for offshore resources titles, and final version of policies for the management of registers;
  • assessment of title applications that are of major geological, scientific or ecological importance such as those that relate to first exploration of a new area or which involve new techniques/methods; that are controversial; relate to major liability/investment; or have significant resource management or energy security implications. Includes applications for offshore petroleum area exploration permits, retention leases and greenhouse gas holding leases, production licences, infrastructure licences, pipeline licences, prospecting authorities and access authorities. Includes advice, notifications of variations, exemptions, suspensions and cancellations;
  • final version of agreements and memoranda of understanding that are high level, or controversial between the Commonwealth, and States, Territories, or government regulatory responsibilities arrangements with industry bodies, such as the National Collaboration Framework. Includes supporting documents;
  • appeals made to a higher authority against a decision or an order where the outcome sets a precedent, leads to a policy change; relates to issues of national significance or of considerable public interest or controversy; or, the outcome results in appeals to the Federal or High Court. Includes supporting records such as advice to the Joint Authority and briefs of evidence;
  • developing, implementing and reviewing major policies, procedures and guidelines such as the Data Management Guidelines and Compliance and Enforcement Policy. Includes final version, major drafts and results of stakeholder consultation; and
  • final version of agency publications.

[For the production and distribution of agency publications, use PUBLICATION]

Retain as national archives
61502

Records documenting:

  • core samples, seismic data, field development plans, drilling and well logs, well reports and other supporting technical documentation submitted with applications for production licences, or to meet compliance requirements. Includes confidential and open file data managed in the National Offshore Petroleum Data and Core Repository and the National Offshore Petroleum Repository.
  • assessment of successful title applications. Includes applications for offshore petroleum area retention leases and greenhouse gas holding leases, production licences, infrastructure licences, pipeline licences, prospecting authorities and access authorities. Includes assessment criteria; application and winning bid recommendations; records of assessment panel interviews; submissions; liaison; permits; records of company defaults and transfer of ownership agreements.  Includes advice, notifications of variations, exemptions, suspensions and cancellations.  Excludes applications covered in Class 61501; and
  • compliance monitoring undertaken by the agency in relation to industry compliance with mandatory legislation requirements. Includes:
    • industry assessment and reporting schedules;
    • records of compliance checks, meetings and visits; and
    • reports of compliance and verification action taken by the agency.
Destroy 150 years after last action
61503

Records documenting:

  • assessment of unsuccessful permit and licence applications for offshore petroleum exploration areas. Includes offshore petroleum area retention leases, production licences, pipeline licences, prospecting authorities and access authorities. Includes assessment criteria; applications and bids; records of assessment panel interviews; submissions and liaison;
  • records documenting the establishment, development and management of formal registers in accordance with statutory requirements. Includes:
    • maintenance of statutory register content, such as consolidated records of updates and amendments to content; and
    • formal reports to external bodies, including reports to the responsible Minister.
  • appeals made to a higher authority against a decision or order not covered in class 61501. Includes supporting records such as briefs of evidence.
Destroy 50 years after last action
61504

Records documenting:

  • routine administrative tasks supporting the core business; and
  • titles administration activities, other than those covered in classes 61501 to 61503.
Destroy 7 years after last action
Copyright National Archives of Australia 2017