Petroleum and Gas (Production and Safety) Regulation 2004

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Part 2 Interpretation and inspection of documents

3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

3A References to the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

4 Where documents mentioned in this regulation can be inspected 14 Part 3 Preliminary matters prescribed for the Act 6A Devices prescribed for Act, section 724(1), definition gas device (type A) 14

7 Mandatory and preferred standards for particular safety requirements 14

7AA References to CSG operator in construction and abandonment code 16

7A Person must give inspector evidence of risk level for preferred standard 16

8 Prescribed quality for fuel gas . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

9 Prescribed odour for fuel gas . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

10 Activities prescribed for definition of operating plant . . . . . . . . . . 18

11 Prescribed incidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Chapter 2 Exploring for and producing petroleum Part 2 Safety requirements

53 Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

54 Operating plant used for drilling . . . . . . . . . . . . . . . . . . . . . . . . . 19

54AAA Tenure holder to ensure compliance with construction and abandonment code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

54AA Operator to ensure competency requirements are met . . . . . . . . 20 Petroleum and Gas (Production and Safety) Regulation 2004 Contents

54A General requirements for training and supervision . . . . . . . . . . . 22

54B Training program for persons using well completion equipment . 23

54C Requirements for job safety analysis in particular circumstances 23

54D Emergency shut down system for devices that are sources of ignition 24

54E Requirement to keep bore pressure low when using well completion equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

55 Requirement to survey the surface location and elevation of a prescribed well . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

56 Survey plan to be submitted to chief executive . . . . . . . . . . . . . . 26 57 Additional downhole survey required if prescribed well or bore intersects a coal seam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

58 Processed natural gas transported through a pipeline . . . . . . . . 29

58A Stated pipeline licence incidental activities . . . . . . . . . . . . . . . . . 29 Part 3 Other requirements Division 1 Additional requirements for safety management systems Subdivision 1 Drilling operating plant

59 Operation of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 59A Particular risk assessment for drilling near coal mining areas . . 30

59B Requirement for identification of, and controls for, ignition sources for safety management system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

59C Standard operating procedures for well completion equipment . 31 Subdivision 2 Operating plant for processing etc. petroleum

59D Lower flammable limit alarm levels for unplanned or uncontrolled gas releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Division 2 Other requirements for wells, bores and holes

59E Drilling, or converting prescribed well to, bore . . . . . . . . . . . . . . 33

60 Plugging and abandoning a prescribed well or bore . . . . . . . . . . 33

61 Requirement to plug shot holes . . . . . . . . . . . . . . . . . . . . . . . . . . 33

61A Manufacturer’s instructions for well completion equipment . . . . . 34 Chapter 3 Safety provisions relating to coal mining Part 1 Preliminary

62 Purpose of ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

63 Application of ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

64 Definitions for ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 65 Additional requirements relating to coal mining for safety management system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

66 Description of location of particular hazards in safety reports . . . 37 Page 2 Petroleum and Gas (Production and Safety) Regulation 2004 Contents

67 Coal seam gas potential hazard guide . . . . . . . . . . . . . . . . . . . . 37 Part 2 Safety requirements Division 1 Requirements for all operating plants 68 Steel casing not to be used in particular horizontal wells . . . . . . 38

69 Requirement to remove particular equipment from coal seam . . 38

70 Requirement to cement particular voids in a prescribed well . . . 39 Division 2 Additional requirements for operating plants in or adjacent to the area of a coal mining lease

71 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

72 Requirement to stop and not resume particular activities . . . . . . 40 Division 2A Safety provisions relating to overlapping coal and petroleum resource authorities

72A Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

72B Additional information required for joint interaction management plan— co-ordination of obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

72C Requirements for providing information about hydraulic fracturing 42

72D Requirements for vehicle safety . . . . . . . . . . . . . . . . . . . . . . . . . 43

72E Requirements for wells, bores and voids . . . . . . . . . . . . . . . . . . 43

72F Additional safety requirement—casing for wells and bores . . . . . 45

72G Additional safety requirement—requirement to remove particular equipment from wells and bores . . . . . . . . . . . . . . . . . . . . . . . . . 46 72H Additional safety requirement—requirement to fill wells, bores and voids 47 Part 3 Other requirements 73 Additional requirement for operator of an operating plant in or adjacent to the area of a coal mining lease . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Part 4 Exemptions

74 Definitions for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

75 Chief inspector may give exemption . . . . . . . . . . . . . . . . . . . . . . 49

76 Application for exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 77 Notice of application to be given to relevant coal or oil shale mining tenement holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

78 Consideration of application by chief inspector . . . . . . . . . . . . . . 51

79 Chief inspector to decide application . . . . . . . . . . . . . . . . . . . . . . 52 Chapter 4 Pipelines

80 Requirement for strategic pipeline to be inspected . . . . . . . . . . . 53

81 Requirement for decommissioning pipelines . . . . . . . . . . . . . . . . 54 Chapter 5 Fuel gas Page 3 Petroleum and Gas (Production and Safety) Regulation 2004 Contents Part 1 Distribution of fuel gas Division 1 Safety requirements

82 Purpose of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

83 Fuel gas network operator must minimise leakages of fuel gas . 55

84 Required gauge pressure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

84A Safety requirement for network operator to supply fuel gas to gas system 56

85 Testing, inspection and maintenance of fuel gas containers . . . . 56

86 Operator of LPG delivery network must ensure only particular persons supply LPG through the network . . . . . . . . . . . . . . . . . . . . . . . . . 57 Division 2 Other requirements for fuel gas network operators

87 Fuel gas network operator must arrange attendance for particular incidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

88 Fuel gas network operator must keep records . . . . . . . . . . . . . . 58

88A LPG delivery network operator must give chief inspector contact details 58 Division 3 Safety requirements for automotive LPG sites

88B Purpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

88C Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

88D Safety management system for automotive LPG site . . . . . . . . . 59

88E Restrictions on product supplier supplying automotive LPG . . . . 60

88F Product supplier must give chief inspector contact details . . . . . 61 Division 4 Generic SMS

88G Prescription of generic SMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Part 2 Gas systems supplied with fuel gas by a fuel gas network

89 Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

90 Requirements to be complied with before carrying out particular gas work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

91 Persons to be given copy of relevant certificate for installation at operating plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

91A Prescribed persons, installation stage and period for giving gas compliance certificate for installation not at operating plant—Act, s 734 63

91B Prescribed compliance plate and related matters for gas system installation—Act, s 734 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

92 Requirements to be complied with before supplying fuel gas to a gas system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

93 General obligations of owner of a gas system . . . . . . . . . . . . . . 69

94 User must report safety concerns to owner of gas system . . . . . 69 Page 4 Petroleum and Gas (Production and Safety) Regulation 2004 Contents

95 Owner of gas system must address user’s safety concern . . . . . 70 Part 3 Gas systems in vehicles and vessels and for stationary engines Division 1 Preliminary

97 Definitions for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Division 2 Gas fuel systems

97A Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

98 New vehicle or vessel must not be offered for sale without gas inspection certificate or gas compliance plate . . . . . . . . . . . . . . . . . . . . . . . 73

99 Copy of gas inspection certificate to be given to new owner of used vehicle or vessel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

100 Owner of commercial vehicle or vessel must ensure its gas fuel system is inspected and certified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

100A Prescribed persons, installation stage and period for giving gas inspection certificate for installation—Act, s 734 . . . . . . . . . . . . . 75 101 Issue of gas inspection certificate for gas fuel system in vehicle or vessel or for stationary engine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

102 Certification for alterations to a gas fuel system in a vehicle or vessel or for a stationary engine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

103 Labelling requirements for LPG gas fuel systems in vehicles . . . 77

104 Use of gas fuel system for propulsion of a vessel . . . . . . . . . . . . 78

105 Requirements for owner of vehicle or vessel or for a stationary engine 78

105A Non-application of ss 98 to 100 to owner of vehicle or vessel in exempt area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

105AB Person selling or transferring vehicle or vessel without a gas inspection certificate must advise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Division 3 Other gas systems

105B Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

105C New vehicle or vessel must not be offered for sale without a gas compliance certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

105D Copy of gas compliance certificate to be given to new owner of used vehicle or vessel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

105E Owner of commercial vehicle or vessel must ensure its gas systems are inspected and certified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 105EA Prescribed person and installation stage for giving gas compliance certificate for installation—Act, s 734 . . . . . . . . . . . . . . . . . . . . . 81

105F Issue of compliance certificates for gas systems in vehicle or vessel 82

105G Certification by person who alters a gas system in a vehicle or vessel 82 Part 3A Other plant and equipment Page 5 Petroleum and Gas (Production and Safety) Regulation 2004 Contents

105H Application of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

105I Persons to be given copy of relevant certificate for installation at operating plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

105J Prescribed person and installation stage for giving gas compliance certificate for installation not at operating plant—Act, s 734 . . . . 84 Part 4 General provisions relating to fuel gas Division 1 Provisions about gas work

106 Gas work carried out by holder of gas work licence or authorisation 85

107 Repair of gas work that does not comply with the Act . . . . . . . . . 85 Division 2 Safety requirements

109 Transporting cylinders in vehicles . . . . . . . . . . . . . . . . . . . . . . . . 86

110 Installing particular cylinders in enclosed spaces . . . . . . . . . . . . 86

111 Installing gas devices in caravans . . . . . . . . . . . . . . . . . . . . . . . . 86

112 Cylinders used in hot air balloons . . . . . . . . . . . . . . . . . . . . . . . . 87 Division 3 Other requirements

113 Requirements for using flammable hydrocarbon gases for refrigeration or air conditioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

113A Additional requirements for safety management systems—lower flammable limit alarm levels for unplanned or uncontrolled gas releases 88 Division 4 Offences relating to fuel gas

114 Offence to transfer LPG between fuel gas containers in residential areas 88

115 Offence to tamper with a gas system . . . . . . . . . . . . . . . . . . . . . 88

115A Causing existing gas system to not comply with safety requirements 88

115B Water heaters—registration and labelling . . . . . . . . . . . . . . . . . . 89 Part 5 Gas work licences and authorisations

115C Definitions for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

116 Qualifications or experience for gas work licences and gas work authorisations—Act, s 728C(2)(a) . . . . . . . . . . . . . . . . . . . . . . . . 90 117 Particular apprentices and trainees taken to be holders of gas work licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

118 Annual fee payable by holder of gas work licence or gas work authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

120 Types of gas work authorisations . . . . . . . . . . . . . . . . . . . . . . . . 91

122 What gas work authorisation (industrial appliances) authorises . 92

123 What gas work authorisation (major project) authorises . . . . . . . 92

124 What gas work authorisation (motor fuel) authorises . . . . . . . . . 92

125 What gas work authorisation (servicing) authorises . . . . . . . . . . 93 Page 6 Petroleum and Gas (Production and Safety) Regulation 2004 Contents

126A Notice of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . 93

126B Returning suspended or cancelled gas work licence or authorisation to chief inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

126C Existing gas work licence or authorisation taken to be in force while application is considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Chapter 6 Miscellaneous Part 2 Fees and royalties etc. Division 1 Preliminary

133 Fees generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Division 2 Safety and health fees Subdivision 1 Purpose of fees and liability to pay fees

134A Purpose of safety and health fees . . . . . . . . . . . . . . . . . . . . . . . . 95

134AA Estimation and publication of safety and health costs . . . . . . . . . 95

135 Who is liable to pay a safety and health fee . . . . . . . . . . . . . . . . 96

135A Who is not liable to pay a safety and health fee . . . . . . . . . . . . . 98 Subdivision 3 Lodgement of safety and health fee return and payment of fee

139 Requirement to lodge safety and health fee return . . . . . . . . . . . 99

139A Requirements for safety and health fee return . . . . . . . . . . . . . . 100

140 Fee for late lodgement of safety and health fee return . . . . . . . . 102

141 Requirement for invoice to be given . . . . . . . . . . . . . . . . . . . . . . 103

142 Invoice may be reissued if incorrect . . . . . . . . . . . . . . . . . . . . . . 103

142AA Date for payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

142A Interest payable on unpaid fees . . . . . . . . . . . . . . . . . . . . . . . . . 105 143 Notice may be given to liable person if return not lodged or is inadequate 105 Subdivision 4 Overpayment of safety and health fee

144 Refund of overpayment of safety and health fee . . . . . . . . . . . . . 106 Division 4 Petroleum royalty Subdivision 1 Prescribed matters for petroleum royalty

146A Royalty return period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

147 When and how petroleum royalty payable—royalty return period 107

147A Working out monthly payments for petroleum royalty generally . 109

147B Election to change monthly payments . . . . . . . . . . . . . . . . . . . . . 110 147BA When petroleum royalty payable—annual royalty return . . . . . . 112

147C Rate of petroleum royalty payable . . . . . . . . . . . . . . . . . . . . . . . . 112

148 Working out wellhead value of petroleum . . . . . . . . . . . . . . . . . . 112 Subdivision 2 Working out components of wellhead value of petroleum in Page 7 Petroleum and Gas (Production and Safety) Regulation 2004 Contents particular circumstances

148A Definitions for subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 148B Application by petroleum producer for petroleum royalty decision 116 148C Petroleum royalty decision on Minister’s own initiative . . . . . . . . 117

148D Considerations in making petroleum royalty decisions . . . . . . . . 119

148E Petroleum royalty decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120

148F Using expired petroleum royalty decision to work out wellhead value of petroleum in particular circumstances and Minister’s obligation to reassess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Subdivision 2A Amendment and review of petroleum royalty decisions

148G Petroleum producer to advise Minister of particular matters affecting petroleum royalty decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124

148H Minister may amend petroleum royalty decision in particular circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

148I Notice of amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 148J Application for review of petroleum royalty decision or amendment of petroleum royalty decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127

148K Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128

148L Notice of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129

148M Minister must reassess amount of particular petroleum royalty payable 129 Subdivision 3 Royalty return

149 Information to be contained in royalty return . . . . . . . . . . . . . . . . 130 Subdivision 4 Royalty estimate

149A Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

149B What notice must contain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

149C Form of and information to be included in royalty estimate . . . . . 133

149D Minister may request information to support royalty estimate . . . 133 Subdivision 4A Civil penalty

149E Imposition of civil penalty—Act, s 604A . . . . . . . . . . . . . . . . . . . 133

149F Notice of civil penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 149G Civil penalty not payable if proceeding for offence started . . . . . 135 Subdivision 4B Unpaid royalty interest

149H Unpaid royalty interest rate—Act, s 602(3)(a) . . . . . . . . . . . . . . . 136

149I Working out unpaid royalty interest on petroleum royalty payable for royalty return period—Act, s 602(4) . . . . . . . . . . . . . . . . . . . . . . 136 Chapter 7 Transitional and saving provisions Part 1 Transitional and savings provisions for SL No. 309 of 2004 Page 8 Petroleum and Gas (Production and Safety) Regulation 2004 Contents Division 1 Transitional provisions relating to the Gas (Residual Provisions) Regulation 1989

156 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137

157 Approval for non-conforming gas . . . . . . . . . . . . . . . . . . . . . . . . 138

158 Approval of gas devices etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138

159 Continuing effect of certificates of compliance . . . . . . . . . . . . . . 138

160 Approval of plans and specifications for particular installations . 139

161 Effect of existing approval of vessel’s gas system . . . . . . . . . . . 139

162 Continuing effect of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Division 2 Other transitional provisions

163 Continued application of Petroleum Act 1923 in relation to drilling of particular wells . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140

164 Audit and inspection fee for 2004–2005 financial year . . . . . . . . 141 Part 2 Transitional provisions for the Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2007 165 Person not required to give notice about use of preferred standard for existing activity or thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141

166 Application of provision about competency requirements for drilling rig workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Part 3 Transitional provision for the Mines and Energy Legislation Amendment Regulation (No. 2) 2008

167 Payment of annual rent for a particular period . . . . . . . . . . . . . . 142 Part 4 Transitional provision for the Mines and Energy Legislation Amendment Regulation (No. 4) 2008

168 Payment of annual licence fee . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Part 5 Transitional provision for the Mines and Energy Legislation Amendment Regulation (No. 2) 2010

169 Confidentiality period for required information lodged before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Part 6 Transitional provision for Petroleum and Gas (Production and Safety) Amendment Regulation (No. 2) 2010

170 Safety and health fee return for 2010–2011 year . . . . . . . . . . . . 144 Part 7 Transitional provisions for Petroleum and Other Legislation Amendment Regulation (No. 1) 2011

171 Existing intention to drill a petroleum well or bore . . . . . . . . . . . . 145

172 Confidentiality period for report about hydraulic fracturing activities lodged before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Part 8 Transitional provision for Resources Legislation and Another Regulation Amendment Regulation (No. 1) 2012

173 Application of s 149H—unpaid royalty interest rate . . . . . . . . . . 146 Page 9 Petroleum and Gas (Production and Safety) Regulation 2004 Contents Part 9 Transitional provisions for Natural Resources and Mines Legislation Amendment Regulation (No. 1) 2013

174 Superseded version of amended mandatory or preferred standard taken to apply until changeover date . . . . . . . . . . . . . . . . . . . . . . . . . . 146

175 Superseded version of amended transmission pipeline standard applies for pipeline being constructed . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Part 10 Transitional provision for Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2013

176 Estimation and publication of safety and health costs for 2013–14 financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Part 11 Transitional provision for Petroleum Legislation Amendment Regulation (No. 1) 2015

177 Particular samples not required to be kept . . . . . . . . . . . . . . . . . 149 Part 12 Transitional provisions for Revenue Legislation Amendment Regulation (No. 1) 2016

178 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150

179 Existing applications for petroleum royalty decisions . . . . . . . . . 150

180 Existing petroleum royalty decisions . . . . . . . . . . . . . . . . . . . . . . 152

181 Review by Minister of pre-commencement decisions on or after right to amend day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 Part 13 Transitional provision for Mineral and Energy Resources (Common Provisions) Regulation 2016

182 Application of joint interaction management plan provisions . . . . 154 Schedule 1 Mandatory and preferred standards for safety requirements 156 Schedule 2 Prescribed incidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Schedule 3 Requirements for plugging and abandoning prescribed wells and bores . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Part 1 Preliminary

1 Definitions for sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Part 2 Requirements for all wells and bores

2 Abandonment to be consistent with good industry practice . . . . 173

3 Capping of well or bore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174

4 Casing to be sealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 Part 3 Additional requirements for wells and bores, other than horizontal wells

5 Isolation of aquifers and porous formations . . . . . . . . . . . . . . . . 174

6 Casing of prescribed well or bore . . . . . . . . . . . . . . . . . . . . . . . . 175

7 Cement to be used for plugs etc. . . . . . . . . . . . . . . . . . . . . . . . . 175

8 Requirement for packer left in prescribed well or bore . . . . . . . . 175 Page 10 Petroleum and Gas (Production and Safety) Regulation 2004 Contents

9 Fluid to be left in prescribed well or bore . . . . . . . . . . . . . . . . . . . 176 10 Requirements if steel casing or drill string is left in coal seam . . 176 Part 4 Additional requirement for horizontal wells

11 Requirement for liner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Schedule 4 Coal seam gas potential hazard guide . . . . . . . . . . . . . . . . . . 178 Schedule 5 Strategic pipelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Schedule 6 Gas devices (type A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 Schedule 7 Safety requirements for transporting cylinders in vehicles . 184 Part 1 Preliminary

1 Meaning of enclosed vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 Part 2 Transporting LPG cylinders

2 Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184

3 Prohibition on carrying 30L cylinders in enclosed vehicles . . . . . 184

4 Restriction on carrying 9kg cylinders in enclosed vehicles . . . . . 185

5 No more than 2 cylinders may be carried at a time . . . . . . . . . . . 185

6 Requirements for transporting cylinders in enclosed vehicles . . 185 Part 3 Provisions for supply of LPG

7 Cylinders for supply of LPG must have screw plugs . . . . . . . . . . 185

8 Cylinders not to be overfilled . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186

9 Signage required at places where cylinders are filled or exchanged 186 Part 4 Labelling of cylinders

10 Labelling of cylinders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 Part 5 Signage of vehicles transporting particular cylinders

11 Requirement for filling or supplying particular cylinders . . . . . . . 187 Schedule 8 Requirements for using flammable hydrocarbons for refrigeration or air conditioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

1 Definitions for sch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

2 Requirements for applications for approval of relevant gas device under the Act, s 733(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

3 Requirements for safety report . . . . . . . . . . . . . . . . . . . . . . . . . . 188

4 Application of other safety requirements to flammable hydrocarbon gas 190

5 Safety requirements for gas fittings used with flammable hydrocarbon gases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190

6 Safety requirements for installation of flammable hydrocarbon gas in a relevant gas device . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Schedule 9 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 Page 11 Petroleum and Gas (Production and Safety) Regulation 2004 Contents Part 6 Gas work licence and gas work authorisation fees Part 7 Other fees mentioned in Act Part 8 Safety and health fees

1 Drilling wells . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193

2 Well completion or maintenance work . . . . . . . . . . . . . . . . . . . . . 194

3 Exploration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194

4 Producing petroleum under a petroleum lease or 1923 Act lease 195

5 Petroleum facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196

6 Facility used to carry out a GHG storage activity . . . . . . . . . . . . 197

7 Pipelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198

8 Operating a distribution system . . . . . . . . . . . . . . . . . . . . . . . . . . 199

10 Particular LPG delivery network that is operating plant . . . . . . . . 199

11 Product supplier of automotive LPG . . . . . . . . . . . . . . . . . . . . . . 200

12 Tanker delivery carrier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200

13 Major consumer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 14 Biogas or gas derived from a waste disposal tip or during treatment of sewage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201

15 Entertainment events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201

16 Late fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 Schedule 12 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 Page 12 Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 1 Preliminary [s 1] Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 1 Preliminary Part 1 Introduction

1 Short title This regulation may be cited as the Petroleum and Gas (Production and Safety) Regulation 2004.

2 Commencement (1) Section 58 commences on 1 July 2005. (2) The rest of this regulation commences on 31 December 2004. Part 2 Interpretation and inspection of documents

3 Dictionary The dictionary in schedule 12 defines particular words used in this regulation.

3A References to the Act In this regulation, a reference to the Act is a reference to the

2004 Act unless the contrary intention appears. Current as at 1 September 2017 Page 13 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 1 Preliminary [s 4]

4 Where documents mentioned in this regulation can be inspected (1) A document mentioned in this regulation, other than a standard, may be inspected free of charge at the office of the department notified on the department’s website. Editor’s note— Standards are available for purchase through the SAI Global website. (2) In this section— standard means a standard published— (a) by Standards Australia; or (b) jointly by Standards Australia and Standards New Zealand; or (c) jointly by Standards Australia and the International Electrotechnical Commission; or (d) by the International Organisation for Standardisation. Part 3 Preliminary matters prescribed for the Act

6A Devices prescribed for Act, section 724(1), definition gas device (type A) For section 724(1) of the Act, definition gas device (type A), each device mentioned in schedule 6 is prescribed.

7 Mandatory and preferred standards for particular safety requirements (1) A standard, code or other document listed in schedule 1,column 1 is prescribed as a safety requirement for the activity or thing stated opposite the document in column 2 of the schedule. Page 14 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 1 Preliminary [s 7] (2) The document is a mandatory or preferred standard for the safety requirement as stated in column 3 of the schedule opposite the document. (3) If a document is a mandatory standard for a safety requirement, a person must comply with the document in order to comply with the safety requirement. (4) If a document is a preferred standard for a safety requirement— (a) a person who complies with the document complies with the safety requirement; but (b) a person may comply with the safety requirement without complying with the document if— (i) the person gives the chief inspector a notice that the person is not complying with the document; and (ii) the person has written evidence showing the level of risk for the activity or thing to which the safety requirement applies is equal to or less than the level of risk that would be achieved by complying with the document. Example of written evidence— a report setting out a risk assessment carried out by a competent person Note— See section 165 for the application of subsection (4)(b)(i). (5) If the document allows a competent person, or any other person, to grant an exemption from, or in any other way change, the requirements stated in the document, the exemption or change may only be granted or made by the chief inspector. Example— An Australian Standard mentioned in schedule 1 might provide that a competent person can grant an exemption from provisions of the standard. For the purpose of this regulation, the exemption can only be granted by the chief inspector. Current as at 1 September 2017 Page 15 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 1 Preliminary [s 7AA] (6) If a safety requirement prescribed under this section is inconsistent with a safety requirement (the other safety requirement) prescribed under another provision of this regulation, the other safety requirement prevails to the extent of the inconsistency.

7AA References to CSG operator in construction and abandonment code For section 54AAA and schedule 1, a reference in the construction and abandonment code to a CSG operator is taken to be a reference to the holder of a CSG tenure.

7A Person must give inspector evidence of risk level for preferred standard (1) This section applies if an inspector gives a person mentioned in section 7(4)(b) a notice requiring the person to give the inspector a copy of the evidence mentioned in section 7(4)(b)(ii). (2) The person must give a copy of the evidence to the inspector within a reasonable period stated in the notice. Maximum penalty—20 penalty units. (3) Subsections (4) and (5) apply if the chief inspector reasonably believes the evidence does not show the level of risk for the activity or thing is equal to or less than the level of risk (the required level of risk) that would be achieved by complying with the relevant preferred standard under section 7(4)(a). (4) The chief inspector may give the person a notice requiring the person to do either of the following within a stated reasonable period— (a) give the chief inspector further evidence showing the level of risk for the activity or thing is equal to or less than the required level of risk; (b) take steps to achieve a level of risk for the activity or thing that is equal to or less than the required level of risk. Page 16 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 1 Preliminary [s 8] (5) If the person does not comply with the requirement under the notice, the person is taken to have not complied with the safety requirement to which the preferred standard relates.

8 Prescribed quality for fuel gas (1) For section 620 of the Act, the prescribed quality for fuel gas supplied to consumers is— (a) for LPG used for heating—the quality required to comply with— (i) the requirement that the average mole content of propylene in the fuel gas at the point of odorisation, calculated each day, must not exceed 50%; and (ii) AS 4670 ‘Commercial propane and commercial butane for heating purposes’ (2006); and (b) for processed natural gas—the quality required to comply with AS 4564 ‘Specification for general purpose natural gas’ (2011). (2) In this section— average mole content, of propylene in fuel gas, means the sum of the daily percentage measurements of the mole content of propylene in the fuel gas made for each day in the 90-day period ending on the day the calculation is made, divided by 90.

9 Prescribed odour for fuel gas (1) For section 627 of the Act, the prescribed odour for fuel gas is an odour that— (a) is distinct, unpleasant and non-persistent; and (b) is of an intensity indicating the presence of gas down to one-fifth of the lower flammability limit; and (c) for LPG—exists throughout the LPG’s vaporisation range from the liquid state. Current as at 1 September 2017 Page 17 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 1 Preliminary [s 10] (2) LPG is taken to have the prescribed odour if it contains 25g of ethyl mercaptan for each tonne of liquid LPG. (3) In this section— lower flammability limit means the lowest concentration of the fuel gas in air that will ignite.

10 Activities prescribed for definition of operating plant (1) For section 670(5)(a) of the Act, the activity prescribed is an LPG delivery network for non-automotive LPG if— (a) the network includes filling, with non-automotive LPG, a fuel gas container with a water capacity of more than 30L; or (b) the total capacity of fuel gas containers in the network for non-automotive LPG is more than 5,000L. (2) For section 670(5)(c) of the Act, the activity prescribed is the storage of LPG cylinders at premises if the total capacity of the cylinders at the premises is more than 5,000L. (3) For section 670(5)(e) of the Act, the following activities are prescribed— (a) an activity involving the use of gas devices at a place if the total gas capacity of the devices at the place is 50GJ/hr or more at any time; (b) an activity involving the use of fuel gas to produce theatrical or other special effects; (c) an activity involving the collection, transportation or use of a gas prescribed under the Petroleum and Gas (General Provisions) Regulation 2017, section 5(1) as petroleum; Example— the collection of landfill gas and its use in power generation (d) an activity associated with the exploration for storing, or the storage, treatment or use of, carbon dioxide for sequestration. Page 18 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 11]

11 Prescribed incidents (1) For section 706(1)(a) of the Act, an incident listed in schedule 2, column 1 is a prescribed incident. (2) A prescribed incident must be reported to the chief inspector in the way mentioned in column 2 of the schedule opposite the incident. (3) If more than 1 way of reporting is mentioned in the schedule for an incident, the report must be given in each way mentioned. (4) The report must be given within the period mentioned in column 3 of the schedule opposite the incident. (5) If a written report must be given for the incident, the report must state the underlying cause of the incident. Chapter 2 Exploring for and producing petroleum Part 2 Safety requirements

53 Purpose of pt 2 The purpose of this part is to prescribe safety requirements in relation to exploring for, and producing, petroleum.

54 Operating plant used for drilling (1) This section prescribes safety requirements for an operating plant used to drill for petroleum. (2) The operating plant must— (a) be fit for all purposes for which it is designed to be used; and Current as at 1 September 2017 Page 19 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 54AAA] (b) comply with all other requirements that apply to the operating plant under the Act; and (c) be equipped to undertake reasonable remedial measures if unplanned events occur in connection with the operation of the plant. Example of remedial measures— recovering lost drill string (3) The operator of the plant must ensure the safety requirements prescribed under this section are complied with.

54AAA Tenure holder to ensure compliance with construction and abandonment code (1) The holder of a CSG tenure must ensure that each person carrying out a relevant activity on the land to which the tenure applies complies with the construction and abandonment code. (2) In this section— relevant activity means— (a) any of the following activities— (i) drilling a bore; (ii) converting a petroleum well to a bore; or (b) an activity related to any of the following things; (i) a prescribed well; (ii) a proposed prescribed well; (iii) an abandoned prescribed well. Note— See also section 7AA (References to CSG operator in construction and abandonment code).

54AA Operator to ensure competency requirements are met (1) The operator of a drilling operating plant must ensure— Page 20 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 54AA] (a) each person working on the drilling operating plant that is drilling a prescribed well at the plant meets the competencies for drilling a prescribed well (the well drilling competencies) identified for the person’s position under the drilling and servicing competency standard; and (b) each person working on the drilling operating plant that is servicing a prescribed well at the plant meets the competencies for servicing a prescribed well (the well servicing competencies) identified for the person’s position under the drilling and servicing competency standard. (2) If the drilling operating plant is also used to drill or service a bore, the operator must also ensure— (a) each person working on the drilling operating plant that is drilling the bore meets the well drilling competencies; and (b) each person working on the drilling operating plant that is servicing the bore meets the well servicing competencies. (3) However, subsection (1)(a) or (2)(a) does not apply if the person is— (a) undergoing training for the well drilling competencies; and (b) acting under the direct supervision of a competent person for the drilling operating plant. (4) Also, subsection (1)(b) or (2)(b) does not apply if the person is— (a) undergoing training for the well servicing competencies; and (b) acting under the direct supervision of a competent person for the drilling operating plant. (5) In this section— Current as at 1 September 2017 Page 21 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 54A] drilling and servicing competency standard means the document titled ‘Competency Standard for Petroleum and Gas Well Drilling and Well Servicing (2014)’ published on the department’s website. servicing, in relation to a prescribed well or bore, includes— (a) completing, maintaining or working on the well or bore; and (b) plugging and abandoning the well or bore.

54A General requirements for training and supervision (1) This section applies to an activity carried out at a drilling operating plant. (2) The petroleum tenure holder for the tenure on which the plant is situated must ensure the following persons supervising or involved in the activity are trained in the assessment of risk and job safety analysis for carrying out the activity— (a) the holder’s employees; (b) agents of, or contractors for, the holder. (3) The operator of the drilling operating plant must ensure everyone involved in the activity who is supervised by, or working under the direction of, the operator is trained in assessment of risk and job safety analysis for carrying out the activity. (4) The site safety manager for the activity must assess the level of skills, knowledge, competencies and experience of each person carrying out the activity and take this into account to decide— (a) the appropriate extent of supervision required for the activity; and (b) the necessity for checking the tasks completed by a person, including whether the person has followed standard operating procedures for the activity. Page 22 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 54B]

54B Training program for persons using well completion equipment (1) The operator of a drilling operating plant must ensure each person installing well completion equipment— (a) is trained in the standard operating procedure, or the relevant part of the procedure, that applies to the activities the person carries out; and (b) is made aware of the risks arising from failing to ensure the production tubing hanger is landed and secured correctly. (2) If a person involved in landing the production tubing hanger or securing the tie down bolts for the production tubing hanger is not appropriately qualified for the activity, the operator of the plant must ensure— (a) a job safety analysis for the activity is carried out; and (b) the activity is directly supervised by an appropriately qualified person for installing well completion equipment.

54C Requirements for job safety analysis in particular circumstances (1) This section applies if— (a) there is no standard operating procedure for an activity at the drilling operating plant; or Note— There may not be an operating procedure for an activity that is not routinely carried out at the plant. (b) a change of circumstances happens that means a standard operating procedure for carrying out an activity at the drilling operating plant is no longer sufficient. Examples of change in circumstances— • using new equipment • unexpected geological conditions in the well Current as at 1 September 2017 Page 23 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 54D] (2) Before the activity is carried out, a job safety analysis must be carried out for the activity to assess— (a) for subsection (1)(a)—the potential risks for the activity; or (b) for subsection (1)(b)—any additional risks that may result from the change in circumstances.

54D Emergency shut down system for devices that are sources of ignition (1) The operator of a drilling operating plant must provide an emergency shutdown system for all devices that may be a source of ignition in an area of the plant where a hazard may be created. (2) The emergency shutdown system must be located far enough away from the drilling operating plant to ensure a person using the system in an emergency is not exposed to more than an acceptable level of risk. (3) The operator of the drilling operating plant must include in the safety management system for the plant a program to test the emergency shutdown system at regular intervals. (4) The emergency shutdown system mentioned in this section is in addition to another emergency shutdown system for the devices that is located at the plant.

54E Requirement to keep bore pressure low when using well completion equipment (1) Subject to subsections (2) and (3), the operator of a drilling operating plant must, during a live well completion, use a flare line to keep the pressure in the well as low as reasonably practical until the production tubing hanger is secured and all wellhead equipment is installed in the well. Example of a way to keep the pressure as low as reasonably practical— using a flare line off the tubing spool Page 24 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 55] (2) Subsection (3) applies if the operator decides (each an alternative action)— (a) not to use a flare line; or (b) not to keep the pressure as low as reasonably practical. (3) The operator must, before making the decision, ensure— (a) an assessment of risk in relation to the alternative action is carried out in consultation with the persons supervising or involved in the live well completion; and (b) the assessment of risk shows the level of risk achieved in relation to the alternative action is equal to or less than the level of risk that would be achieved by complying with subsection (1); and (c) each of the following gives the operator written approval for the alternative action— (i) the site safety manager for the drilling operating plant; (ii) the relevant site safety manager for the petroleum tenure. (4) In this section— flare line means a line connected to the rotating head of a drilling rig through which gas entering the annulus of the well is vented to the atmosphere and flared. live well completion means the insertion of well completion equipment into a well when petroleum is flowing or has the potential to flow from the well.

55 Requirement to survey the surface location and elevation of a prescribed well (1) The holder of a petroleum tenure or 1923 Act petroleum tenure under which a prescribed well is drilled must ensure that the surface location and elevation of the well are surveyed— Current as at 1 September 2017 Page 25 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 56] (a) before, or as soon as practicable after, drilling of the well starts; but (b) not later than 6 months after drilling starts. (2) The survey must be carried out by a person— (a) who is registered under the Surveyors Act 2003, section 36(1)(a), (b) or (c); or (b) who holds a corresponding registration as a surveyor in another State. (3) The survey must— (a) be tied to the State control survey under the Survey and Mapping Infrastructure Act 2003; and (b) be tied to a survey mark related to the AHD. (4) The survey must achieve a level of accuracy that is at least the following class under the survey standard— (a) for the location of the well—class C order 3; (b) for the elevation of the well— (i) for differential levelling—class LD; or (ii) for trigonometric and Global Positioning System heighting—class C. (5) In this section— AHD means the Australian height datum adopted by the National Mapping Council of Australia for referencing a level or height back to a standard base level. survey standard means the document called ‘Standards and Practices for Control Surveys’ (version 1.7, September 2007) published by the Inter-governmental Committee on Surveying and Mapping.

56 Survey plan to be submitted to chief executive (1) As soon as practicable after a survey of a prescribed well required under section 55 is completed, but not later than 3 months after the completion of the survey, the tenure holder Page 26 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 57] must lodge a survey plan for the survey with the chief executive. (2) The plan must be accompanied by a certification, signed by the person who carried out the survey, stating that— (a) the person carried out the survey represented on the survey plan; and (b) the survey was carried out as required under the Act; and (c) the survey plan accurately represents the survey carried out. (3) If the chief executive considers a survey plan lodged as required under subsection (1) does not meet the requirements under subsection (2), the chief executive may do any of the following— (a) require that the survey plan be amended in order to comply with the requirements; (b) require that an amendment to the survey plan mentioned in paragraph (a) must be made within a stated period; (c) reject the survey plan.

57 Additional downhole survey required if prescribed well or bore intersects a coal seam (1) This section applies in relation to— (a) a prescribed well that is a horizontal well; or (b) another prescribed well, or a bore, that intersects a coal seam more than 1m in thickness. Note— See also chapter 3, part 4. (2) The holder of the petroleum tenure or 1923 Act petroleum tenure under which the well or bore is drilled must ensure that, as soon as practicable after drilling of the well or bore starts, but not later than 3 months after the rig release day for Current as at 1 September 2017 Page 27 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 57] the well or bore, a downhole survey of the well or bore is carried out. (3) For a horizontal well, the downhole survey must achieve a level of accuracy that is within— (a) for inclination, plus or minus 0.5º; and (b) for azimuth— (i) plus or minus 1.0º; or (ii) for each 1,000m of the drilled hole—plus or minus 6m vertically and plus or minus 20m laterally. (4) However, if the horizontal well intersects another well that is not a horizontal well, the level of accuracy achieved by the downhole survey of the horizontal well must be at least as good as the level of accuracy achieved by the downhole survey of the other well. (5) For a well (other than a horizontal well), or a bore, that intersects a coal seam more than 1m in thickness, the downhole survey must achieve a level of accuracy that is within— (a) for inclination, plus or minus 0.5º; and (b) for azimuth— (i) for a well or bore drilled with an inclination of less than 6.0º (taking into account the tolerance of plus or minus 0.5º mentioned in paragraph (a))— (A) plus or minus 2.0º; or (B) for each 1,000m of the drilled hole—plus or minus 6m vertically and plus or minus 40m laterally; or (ii) otherwise— (A) plus or minus 1.0º; or (B) for each 1,000m of the drilled hole—plus or minus 6m vertically and plus or minus 20m laterally. Page 28 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 58]

58 Processed natural gas transported through a pipeline (1) This section prescribes a safety requirement for processed natural gas that— (a) contains oil; and (b) is supplied for transport through a pipeline. Note— See section 626(2) of the Act. (2) The supplier of the gas must ensure that it does not contain more than 20ml of oil for each terajoule of gas.

58A Stated pipeline licence incidental activities (1) This section prescribes a safety requirement for a stated pipeline licence incidental activity. Note— See also schedule 1, part 6, entry for AS 2885. (2) A relevant person must not, in the area of the pipeline licence, carry out a stated pipeline licence incidental activity if the activity causes, or is likely to cause, a relevant pipeline to stop being compliant with AS 2885. (3) In this section— relevant person means— (a) the holder of the pipeline licence; or (b) a person acting for the holder of the pipeline licence. relevant pipeline, for a pipeline licence, means either of the following— (a) an existing pipeline in the area of the licence; (b) a pipeline in the area of the licence whose construction has started, but is not complete. Current as at 1 September 2017 Page 29 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 59] Part 3 Other requirements Division 1 Additional requirements for safety management systems Subdivision 1 Drilling operating plant

59 Operation of sdiv 1 This subdivision prescribes the additional matters under section 675(1)(u) of the Act that must be included in a safety management system for a drilling operating plant.

59A Particular risk assessment for drilling near coal mining areas (1) This section applies to a drilling operating plant that is— (a) in, or adjacent to, the area of a coal mining lease; or (b) in an area the operator of the plant knows, or ought reasonably to know, current or abandoned mine workings exist. (2) The safety management system for the plant must include the following— (a) an assessment of the likelihood of a drilling incident happening at the plant; (b) an identification of the potential risks for the plant associated with a drilling incident identified as required under paragraph (a); Example of a potential risk— the risk of drilling using air and creating an explosive mixture (c) a description of the technical or other measures undertaken, or proposed to be undertaken, to control the risks mentioned in paragraph (b). Page 30 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 59B] (3) In this section— drilling incident means a prescribed well drilled at an operating plant intersecting— (a) current or abandoned mine workings; or (b) broken strata created by mine workings. mine workings means parts of a coal mine that have been or are being excavated.

59B Requirement for identification of, and controls for, ignition sources for safety management system The safety management system for the drilling operating plant must include— (a) the identification and assessment of the specific risks that may arise from sources, or potential sources, of ignition at the plant; and Examples of sources, or potential sources, of ignition— • electrical equipment and wiring • static electricity or lightning • frictional sources or hot surfaces (b) the controls developed to manage the risk.

59C Standard operating procedures for well completion equipment (1) If the operator of the drilling operating plant installs well completion equipment for the plant, the safety management system for the plant must ensure the plant has the following standard operating procedures— (a) the manufacturer’s instructions for installing, operating and maintaining the well completion equipment; (b) a requirement that, before the installation of the B section, a trial run of the installation of the production tubing hanger is conducted to confirm the length of each tie down bolt that protrudes from the flange when the Current as at 1 September 2017 Page 31 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 59D] bolts are secured correctly (commonly called ‘the tie down bolt extension lengths’); (c) a requirement that an appropriately qualified person for installing well completion equipment verifies the equipment has been installed correctly. (2) In this section— B section means the part of the wellhead equipment that supports the production tubing hanger and into which the production tubing hanger is inserted. Subdivision 2 Operating plant for processing etc. petroleum

59D Lower flammable limit alarm levels for unplanned or uncontrolled gas releases (1) For section 675(1)(u) of the Act, each of the following additional matters must be included in a safety management system for an operating plant where petroleum is processed, stored, transported or used— (a) the name of each relevant gas that could be released from the operating plant; (b) the lower flammable limit alarm level for an unplanned or uncontrolled release of each relevant gas. (2) In this section— relevant gas means— (a) a gas that is petroleum; or (b) a prescribed storage gas. Page 32 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 59E] Division 2 Other requirements for wells, bores and holes

59E Drilling, or converting prescribed well to, bore (1) The requirement mentioned in subsection (2) is prescribed for— (a) section 282(2) of the Act and section 75K(2) of the 1923 Act for drilling a bore; and (b) section 282(3) of the Act for drilling a water injection bore or water observation bore; and (c) section 75K(3) of the 1923 Act for drilling a water observation bore; and (d) section 283(1)(b) of the Act and section 75L(1)(b) of the

1923 Act for converting a prescribed well to a bore. (2) The drilling or conversion must be carried out in accordance with the construction and abandonment code.

60 Plugging and abandoning a prescribed well or bore (1) For section 292(4)(a) of the Act and section 75U(4)(a) of the

1923 Act, a prescribed well or bore must be plugged and abandoned in the way stated in schedule 3. (2) Also, the safety requirements stated in sections 69 and 70 apply for plugging and abandoning a well.

61 Requirement to plug shot holes (1) The holder of a petroleum tenure or a 1923 Act petroleum tenure must ensure that, if a hole is drilled within the area of the tenure for use as a shot hole— (a) as soon as practicable after the hole is no longer required for use as a shot hole— (i) the hole is plugged with solid material, including, for example, soil, rock or concrete; and Current as at 1 September 2017 Page 33 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 2 Exploring for and producing petroleum [s 61A] (ii) any area around the hole that has been disturbed by the firing of an explosive is restored as far as is practicable to its original state; and (b) if the hole caves in or collapses after it is plugged as required under paragraph (a)—any subsequent damage caused by the hole caving in or collapsing is restored. Maximum penalty—20 penalty units. (2) To the extent the requirement under subsection (1) is inconsistent with a relevant environmental condition for the tenure, the relevant environmental condition prevails.

61A Manufacturer’s instructions for well completion equipment (1) The manufacturer of well completion equipment must— (a) prepare instructions for the equipment that comply with subsections (2) to (5); and (b) ensure the instructions accompany the equipment when it is supplied to the operator of an operating plant. Maximum penalty—20 penalty units. (2) The instructions must contain information about the installation, commissioning, use and maintenance of the equipment. (3) The information must be sufficient, about each matter mentioned in subsection (2), to ensure— (a) a person carrying out the matter has sufficient information to carry it out correctly; and (b) a person using the equipment is sufficiently informed about how to use the equipment safely. (4) Without limiting subsection (3), the instructions must state a physical method for identifying the position of the tie down bolts for the production tubing hanger relative to the fully secured position of the bolts. Page 34 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 62] Example of a physical method— painting the engaged part of the tie down bolt (5) The instructions relating to use of the equipment must prominently state— (a) any restrictions on use of the equipment imposed by its manufacturer; and (b) any special precautions that should be taken by the user to ensure safe use of the equipment. Chapter 3 Safety provisions relating to coal mining Part 1 Preliminary

62 Purpose of ch 3 The purpose of this chapter is to prescribe requirements about exploring for or producing petroleum to ensure those activities do not adversely affect the safe and optimal mining or future mining of coal.

63 Application of ch 3 This chapter applies to all operating plants within the area of a petroleum authority or a 1923 Act petroleum tenure.

64 Definitions for ch 3 In this chapter— acceptable level, of risk to a person from coal mining operations, has the meaning given under the Coal Mining Safety and Health Act, section 29. Current as at 1 September 2017 Page 35 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 65] relevant coal mining area, for an operating plant in or adjacent to the area of a coal mining lease, means the area of the coal mining lease.

65 Additional requirements relating to coal mining for safety management system (1) For section 675(1)(u) of the Act, each of the following additional matters must be included in a safety management system for an operating plant to which this chapter applies— (a) for an operating plant drilling or completing a prescribed well—a specific identification and assessment of the potential risk to safe and optimal mining or future mining of coal that may be created by stimulation of a coal seam proposed to be carried out in the prescribed well, having regard to each of the following— (i) the proposed method of stimulation; (ii) the predicted characteristics of the strata immediately above and below the coal seam; (iii) the stress regime of the coal seam and surrounding strata; (iv) information reasonably available to its operator about similar stimulation cases; Example— Information may include a previous experience of mining through part of a coal seam that has been stimulated. (b) if the operating plant is in, or adjacent to, the area of a coal mining lease— (i) a specific identification and assessment of the potential risk posed by the operation of the operating plant to the safe and optimal mining or future mining of coal in the area of the lease; and (ii) the measures put in place, or proposed to be put in place, by its operator to minimise the risk. Page 36 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 66] Example— a buffer zone or area adjacent to the boundary of the area of the coal mining lease in which a particular activity must not be carried out at the operating plant (2) In this section— similar stimulation cases means previous instances involving stimulation of a coal seam in a well— (a) involving methods similar to the methods used or proposed to be used by the operator of the operating plant; and (b) that was carried out in geological and geotechnical conditions that are similar to the conditions relating to the prescribed well.

66 Description of location of particular hazards in safety reports (1) For section 690(1)(g)(iii) of the Act, the location of a hazard or potential hazard to coal mining operations must be described in relation to its surveyed location. (2) For subsection (1), the survey of the location must be carried out as required under sections 55 and 57.

67 Coal seam gas potential hazard guide (1) The coal seam gas potential hazard guide in schedule 4 is a list of potential hazards in relation to current or future coal mining that may be created by an operating plant used for exploring for, or producing, petroleum. (2) The guide is intended to help the operator of an operating plant identify the activities, and the impact of the activities, carried out, or proposed to be carried out, at the plant that may affect safe and optimal mining, or future mining, of coal as required under the Act. Note— See, for example, sections 675 and 705C of the Act. Current as at 1 September 2017 Page 37 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 68] Part 2 Safety requirements Division 1 Requirements for all operating plants

68 Steel casing not to be used in particular horizontal wells The operator of an operating plant that is drilling a horizontal well must ensure steel casing is not used for drilling or completing the well.

69 Requirement to remove particular equipment from coal seam (1) The operator of an operating plant must use the operator’s best endeavours to ensure all prescribed equipment that is in, or immediately adjacent to, a coal seam in a prescribed well or bore at the plant is removed before the well or bore is plugged and abandoned. (2) If, after using the operator’s best endeavours as required under subsection (1), the equipment can not be removed before the well or bore is plugged and abandoned, the operator must ensure— (a) the location of the equipment in the well or bore is surveyed before the well or bore is plugged and abandoned; and (b) details of the equipment and its location are included in an end of tenure report or well abandonment report for the well as required under the Petroleum and Gas (General Provisions) Regulation 2017, part 3. (3) The survey mentioned in subsection (2)(a) must be carried out as required under sections 55 and 57. (4) In this section— prescribed equipment means— (a) metal equipment, other than casing; and Page 38 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 70] Note— For requirements about removing casing from a petroleum well, see schedule 3. (b) any other equipment that may create a hazard to coal mining operations. Examples of metal equipment— drilling equipment, geophysical logging tools

70 Requirement to cement particular voids in a prescribed well (1) This section prescribes safety requirements for plugging and abandoning a prescribed well at an operating plant if— (a) a void is created by stimulation of a coal seam in the well; and (b) the void is sufficiently large that it may adversely affect— (i) the safe and optimal future mining of coal from the seam; or (ii) the integrity of the natural underground reservoir in which the void is created. (2) The operator must ensure that, as part of the plugging and abandoning of the well, the void is filled with as much cement as is reasonably practicable. (3) Subject to schedule 3, the cement used to fill the void must not be so strong that it unduly prevents the future optimal mining of coal from the seam. (4) This section applies in addition to the standard abandonment requirements for the well. Current as at 1 September 2017 Page 39 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 71] Division 2 Additional requirements for operating plants in or adjacent to the area of a coal mining lease

71 Application of div 2 (1) This division prescribes safety requirements in relation to an operating plant in, or adjacent to, the area of a coal mining lease. (2) The safety requirements apply in addition to the safety requirements prescribed under division 1.

72 Requirement to stop and not resume particular activities (1) The operator of the operating plant must ensure an activity for which the operating plant is used stops immediately if the operator becomes aware, or ought reasonably to be aware, that— (a) the activity creates a risk to a person who is carrying out coal mining operations in the relevant coal mining area; and (b) the level of the risk is not an acceptable level. Note— See also section 699A of the Act. (2) The operator must ensure the activity does not resume until the operator has taken all reasonable and necessary steps to reduce the level of the risk to an acceptable level. Division 2A Safety provisions relating to overlapping coal and petroleum resource authorities

72A Definition for division In this division— Page 40 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 72B] overlapping area see section 705(a) of the Act.

72B Additional information required for joint interaction management plan—co-ordination of obligations (1) For section 705C(1)(i) of the Act, the joint interaction management plan must also describe the way in which the site senior executive of the coal mine and the operator of each operating plant in the overlapping area intend to communicate about, and co-ordinate, each of the following obligations applying for the coal mine and the operating plant— (a) emergency obligations; (b) incident response obligations; (c) induction training obligations; (d) information exchange obligations; (e) vehicle safety obligations. (2) In this section— emergency obligations means— (a) for the coal mine—obligations under the Coal Mining Safety and Health Regulation 2001, chapter 2, part 5; and (b) for the operating plant—obligations under sections 675(1)(l) and 693(d) and (e) of the Act. incident response obligations means— (a) for the coal mine—obligations under the Coal Mining Safety and Health Act 1999, part 11; and (b) for the operating plant—obligations under sections 705D, 706 and 707 of the Act. induction training obligations means— (a) for the coal mine—obligations under the Coal Mining Safety and Health Regulation 2001, sections 82(2)(a) and 83; and Current as at 1 September 2017 Page 41 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 72C] (b) for the operating plant—obligations under section 693(a) of the Act. information exchange obligations means— (a) for the coal mine—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014, section 154; and (b) for the operating plant—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014, section 154 or an obligation under section 72C. vehicle safety obligations means— (a) for the coal mine—obligations under the Coal Mining Safety and Health Regulation 2001, sections 66, 74, 76, 128 and 135; and (b) for the operating plant—obligations under section 72D.

72C Requirements for providing information about hydraulic fracturing (1) This section applies to an operator of an authorised activities operating plant in an overlapping area if underground coal mining operations are carried out, or are to be carried out, in the overlapping area. (2) The operator must provide a copy of each of the following to the site senior executive of the coal mine in the overlapping area— (a) a notice lodged under the Petroleum and Gas (General Provisions) Regulation 2017, section 28, 33 or 34; (b) a report lodged under the Petroleum and Gas (General Provisions) Regulation 2017, section 45. (3) The operator must provide a copy of the notice or report as soon as practicable after the notice or report is lodged. Page 42 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 72D]

72D Requirements for vehicle safety (1) This section applies if coal mining operations take place in the overlapping area. (2) The operator of the operating plant and the site senior executive must— (a) ensure a risk assessment is carried out to provide for the safe movement of vehicles in the overlapping area; and (b) agree on the vehicle safety requirements that will apply in the overlapping area. (3) In complying with subsection (2), the operator of the operating plant and the site senior executive must consider whether the vehicle safety requirements should include a requirement that the operator of the operating plant comply with 1 or more vehicle safety provisions. (4) The vehicle safety requirements agreed under subsection (2)(b) must be included in the joint interaction management plan for the overlapping area. (5) In this section— vehicle safety provision means the Coal Mining Safety and Health Regulation 2001, sections 66, 74, 76, 128 or 135.

72E Requirements for wells, bores and voids (1) This section applies if an overlapping area is subject to both of the following— (a) an authority to prospect, whether granted before or after the commencement, or a petroleum lease, granted after the commencement; (b) a mining lease granted, or an application for a mining lease made, after the commencement. (2) If the mining lease is for an underground coal mine— (a) the additional safety requirements as mentioned in section 72F, 72G or 72H apply to a well, bore or void Current as at 1 September 2017 Page 43 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 72E] drilled in the overlapping area after the commencement; and (b) the standard safety requirements for the well, bore or void do not apply to the well, bore or void to the extent the additional safety requirements are inconsistent with the standard safety requirements. (3) If the mining lease is for a surface coal mine— (a) the additional safety requirements as mentioned in section 72G apply to a well, bore or void drilled in the overlapping area after the commencement; and (b) the standard safety requirements for the well, bore or void do not apply to the well, bore or void to the extent the additional safety requirements are inconsistent with the standard safety requirements. (4) Despite subsections (2) and (3), the resource authority holders for the overlapping area may agree on an alternative safety requirement for the well, bore or void. (5) If the resource authority holders for the overlapping area do agree under subsection (4) on an alternative safety requirement for a well, bore or void— (a) the standard safety requirements for the well, bore or void does not apply to the well, bore or void to the extent the alternative safety requirement is inconsistent with the standard safety requirement; and (b) the alternative safety requirement for the well, bore or void must be included in the joint interaction management plan for the overlapping area. Note— See section 705B(1)(c) of the Act for the requirement to comply with the joint interaction management plan. (6) In this section— additional safety requirements, for a well, bore or void, means the requirements applying to the well, bore or void under section 72F, 72G or 72H. Page 44 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 72F] alternative safety requirement, for a well, bore or void, means a method or procedure that— (a) does not comply with the additional safety requirements for the well or bore; and (b) achieves a level of risk that is equal to or less than the level of risk that would be achieved by complying with the additional safety requirements. standard safety requirements, for a well, bore or void, means the requirements applying to the well, bore or void under section 68, 69 or 70.

72F Additional safety requirement—casing for wells and bores (1) The operator of an operating plant that is drilling a well or bore in an overlapping area must ensure an approved casing is used for drilling or completing the well or bore. (2) If steel casing is used for drilling or completing the well or bore, the operator of the operating plant must ensure— (a) the spacing and layout of the steel casing is agreed to by the resource authority holders for the overlapping area; and (b) the steel casing is removed when the well or bore is abandoned unless the site senior executive otherwise agrees. (3) The resource authority holders must ensure an agreement under subsection (2) is included in the joint development plan, or the joint interaction management plan, for the overlapping area. (4) In this section— approved casing means a type of casing agreed to by the resource authority holders for the overlapping area. Current as at 1 September 2017 Page 45 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 72G]

72G Additional safety requirement—requirement to remove particular equipment from wells and bores (1) The operator of an operating plant in an overlapping area must— (a) use the operator’s best endeavours to ensure all prescribed equipment that is in, or immediately adjacent to, a coal seam in a prescribed well or bore at the plant is removed before the well or bore is plugged and abandoned; and (b) ensure the following is available for use at all times when drilling operations in a prescribed well or bore at the plant are carried out— (i) adequate equipment for preventing or mitigating the loss of prescribed equipment in the well or bore; (ii) adequate equipment for seeking to recover prescribed equipment lost in the well or bore. (2) If prescribed equipment is lost in a prescribed well or bore at an operating plant in an overlapping area, the operator of the plant must— (a) within 24 hours after the equipment is lost—notify the site senior executive for the coal mine in the overlapping area; and (b) within 3 days after the equipment is lost—consult with the chief inspector about the period in which efforts to recover the lost equipment should be made; and (c) abandon efforts to recover the lost equipment only if the chief inspector agrees to the abandonment. (3) In this section— prescribed equipment means— (a) metal equipment, other than casing; and (b) any other equipment or material that may create a hazard to coal mining operations. Page 46 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 72H]

72H Additional safety requirement—requirement to fill wells, bores and voids (1) This section prescribes safety requirements for plugging and abandoning a well, bore or void at an operating plant in an overlapping area. (2) The operator must ensure that, as part of the plugging and abandoning of the well, bore or void— (a) the well, bore or void is filled with cement from the bottom of the well, bore or void to the surface of the well, bore or void, unless the site senior executive otherwise agrees; and (b) packers and fluids are not left in the well, bore or void. (3) This section applies in addition to the standard abandonment requirements for the well, bore or void. Part 3 Other requirements

73 Additional requirement for operator of an operating plant in or adjacent to the area of a coal mining lease (1) This section applies in relation to an operating plant in, or adjacent to, the area of a coal mining lease. (2) The operator of the operating plant must ensure an activity for which the operating plant is used stops immediately if— (a) the operator becomes aware, or ought reasonably to be aware, that the activity creates an adverse effect on the efficiency with which coal mining operations may be carried out in the relevant coal mining area to an extent greater than the coal mining operations would themselves create if the activity were not carried out; and (b) the holder of the coal mining lease has not consented in writing to the activity being carried out. (3) The operator must ensure the activity does not resume until— Current as at 1 September 2017 Page 47 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 74] (a) the activity is modified so it does not adversely affect the efficiency of the coal mining activities to the extent mentioned in subsection (2)(a); or (b) the holder of the coal mining lease consents in writing to the activity being carried out. Maximum penalty—20 penalty units. Part 4 Exemptions

74 Definitions for pt 4 In this part— alternative safety measures means systems, methods or procedures that— (a) do not comply with the relevant requirement, or part of the requirement, that is the subject of an application for exemption under section 76; and (b) achieve a level of risk that is equal to or less than the level of risk that would be achieved by complying with the requirement or part of the requirement. applicant, for an exemption, means a following person who lodges an application under section 76 for an exemption— (a) an operator or proposed operator of an operating plant; (b) the holder of a petroleum tenure or 1923 Act petroleum tenure. chief inspector of coal mines means the chief inspector of coal mines under the Coal Mining Safety and Health Act. relevant coal or oil shale mining tenement holder means the holder of a coal or oil shale mining tenement if the operating plant for which an application is made under section 76 is located— (a) in the area of the tenement; or Page 48 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 75] (b) if the tenement is a coal or oil shale mining lease— adjacent to the area of the tenement. relevant requirement means a requirement under any of the following provisions— (a) section 57; (b) section 65; (c) section 68; (d) section 69; (e) section 70; (f) the standard abandonment requirements for a prescribed well; (g) additional safety requirements, for a well, bore or void, means the requirements applying to the well, bore or void under section 72F, 72G or 72H.

75 Chief inspector may give exemption (1) The chief inspector, acting with the agreement of the chief inspector of coal mines, may— (a) give the operator, or proposed operator, of an operating plant an exemption from complying with a stated applicable operating plant requirement, or a stated part of an applicable operating plant requirement, in relation to any of the following— (i) any prescribed well drilled or to be drilled under a stated petroleum tenure or 1923 Act petroleum tenure; (ii) a stated prescribed well; (iii) a stated coal seam; or (b) give the holder of a petroleum tenure or 1923 Act petroleum tenure an exemption from complying with all or part of section 57 in relation to the tenure. (2) In this section— Current as at 1 September 2017 Page 49 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 76] operating plant requirement means a relevant requirement other than the requirement under section 57.

76 Application for exemption (1) Each of the following may apply to the chief inspector for an exemption under this part— (a) the operator or proposed operator of an operating plant; (b) the holder of a petroleum tenure or 1923 Act petroleum tenure; (c) the site senior executive for a coal mine under the Coal Mining Safety and Health Act. (2) The application must— (a) be in the approved form; and (b) contain the information necessary to enable the chief inspector to decide the application; and (c) if the applicant proposes to implement alternative safety measures—contain details of the proposed measures; and (d) be lodged at the office of the chief inspector.

77 Notice of application to be given to relevant coal or oil shale mining tenement holder (1) This section does not apply to an applicant who is the site senior executive for a coal mine under the Coal Mining Safety and Health Act. (2) The chief inspector must, after receiving an application for an exemption under this part, give any relevant coal or oil shale mining tenement holder— (a) a copy of the application; and (b) a notice stating the holder may, within 20 business days after receiving the notice (the submission period), lodge Page 50 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 78] submissions about the application at the office of the chief inspector. (3) The holder must give the applicant a copy of any submissions lodged by the holder within the submission period. (4) The holder may, before the submission period ends, give the chief inspector notice that the holder does not intend to lodge a submission. (5) If the holder lodges any submissions within the submission period, the chief inspector must give the applicant at least 15 business days after the lodging of the holder’s submissions to respond to them in writing.

78 Consideration of application by chief inspector (1) The chief inspector must consider each of the following— (a) the application for exemption; (b) any submissions lodged by a relevant coal or oil shale exploration tenement holder within the submission period under section 77; (c) any response made by the applicant within the 15 business day period under section 77(5). (2) The application must not be decided unless— (a) section 77(3) has been complied with; or (b) the holder has given the chief inspector notice under section 77(4). (3) The chief inspector— (a) may seek advice or recommendations from a technical advisory committee for coal seam gas established under section 732B of the Act; and (b) is not required to give the exemption only because a relevant coal or oil shale mining tenement holder agrees to the exemption. (4) If advice or recommendations obtained by the chief inspector under subsection (3)(a) are adverse to the applicant, the chief Current as at 1 September 2017 Page 51 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 3 Safety provisions relating to coal mining [s 79] inspector must, before making a decision about whether to grant the exemption, give the applicant— (a) a copy of the advice or recommendations; and (b) at least 15 business days to make submissions to the chief inspector about the advice or recommendations.

79 Chief inspector to decide application (1) The chief inspector must either give the exemption, with or without conditions, or refuse the application. (2) The chief inspector may give the exemption only if— (a) the chief inspector of coal mines agrees; and (b) the requirement stated in subsection (3) or (4), as applicable, is complied with for the exemption. (3) For exempting the holder of a petroleum tenure or 1923 Act petroleum tenure from complying with section 57, the requirement is that the chief inspector is reasonably satisfied none of the coal seams intersected by the prescribed well are likely to be mined. (4) For an exemption from a relevant requirement not mentioned in subsection (3), the requirement is that the chief inspector is reasonably satisfied— (a) that if the exemption is granted— (i) the likely impact on the future safe and optimal mining of coal is low; and (ii) it is unlikely to cause a level of risk to the safe mining, or future mining, of coal that is more than an acceptable level of risk; and (b) that the likely impact mentioned in paragraph (a)(i), and the level of risk mentioned in paragraph (a)(ii), are easily and reliably quantifiable. Examples— A coal seam that is unlikely to be economically mined in the next 25 years due to unfavourable quality, the thickness or depth of the seam, Page 52 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 4 Pipelines [s 80] the seam being discontinuous or structurally disturbed, or the seam being intruded or affected by heat. A coal seam that is likely to be mined but alternative safety measures are proposed that reduce the level of risk so it is less than or equal to the level of risk that would be achieved under the relevant requirement. (5) Subsection (2)(b) does not apply if— (a) the applicant is the holder of a 1923 Act lease, or the operator or proposed operator of a prescribed well within the area of a 1923 Act lease, that is in effect immediately before the 2004 Act start day; and (b) the area of the lease does not include land that is within the area of a coal or oil shale mining tenement. (6) If subsection (2)(b) does not apply, the chief inspector must have regard to section 295(f) of the Act in deciding the application. (7) Without limiting subsection (1), a condition may require the applicant to comply with stated alternative safety measures. (8) The chief inspector must give notice of the decision to— (a) the applicant; and (b) if a relevant coal or oil shale exploration tenement holder lodged a submission about the application—the holder. Chapter 4 Pipelines

80 Requirement for strategic pipeline to be inspected (1) The holder of a pipeline licence for a strategic pipeline must ensure the pipeline is inspected— (a) if there is a system for pipeline integrity in place for the pipeline under AS 2885—at the times provided for under the system, but at least— Current as at 1 September 2017 Page 53 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 4 Pipelines [s 81] (i) within 7 years after the pipeline first becomes operational; and (ii) at least once in every 10-year period after the end of the 7-year period mentioned in subparagraph (i); or (b) otherwise—at least once in every 5-year period. Note— See also section 916(3) of the Act. (2) In this section— inspected, for a pipeline, means an inspection of the inside of the pipeline to identify whether the pipeline is fit for the purpose for which it is used. strategic pipeline means a pipeline listed in schedule 5.

81 Requirement for decommissioning pipelines (1) This section prescribes, for section 559(1) of the Act, a requirement for decommissioning a pipeline that is— (a) subject to a pipeline licence; and (b) constructed under AS 2885. (2) The requirement is that the pipeline must be decommissioned in a way that complies with AS 2885, part 3 ‘Operation and maintenance’ (2012). Page 54 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 82] Chapter 5 Fuel gas Part 1 Distribution of fuel gas Division 1 Safety requirements

82 Purpose of div 1 This division prescribes safety requirements in relation to fuel gas networks.

83 Fuel gas network operator must minimise leakages of fuel gas The operator of a fuel gas network must take all reasonable and necessary steps to ensure that fuel gas does not leak from— (a) if the network is a distribution system—any part of the network; or (b) if the network is an LPG delivery network—a fuel gas container or gas fitting that is part of the network.

84 Required gauge pressure (1) This section applies to a person who— (a) connects a consumer’s fuel gas system to a fuel gas network for the first time; or (b) starts to supply fuel gas to the gas system through a fuel gas network for the first time. (2) The person must ensure the fuel gas is supplied, at the relevant point, at a gauge pressure of at least— (a) for LPG in a vaporous state—3.0kPa; or (b) for processed natural gas—1.25kPa. Current as at 1 September 2017 Page 55 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 84A] (3) Fuel gas may be supplied at a higher pressure. (4) However, fuel gas must not be supplied at a higher pressure that adversely affects the performance of the gas system. (5) In this section— relevant point means the outlet of— (a) if there is a meter for the consumer’s gas system—the meter; or (b) otherwise—the regulator nearest to the consumer’s gas system.

84A Safety requirement for network operator to supply fuel gas to gas system The operator of a fuel gas network must not supply fuel gas to a gas system if the operator knows, or ought reasonably to know, that the gas system does not comply with— (a) a safety requirement under this division, other than this section; or (b) a safety requirement mentioned in schedule 1, parts 2 to 6.

85 Testing, inspection and maintenance of fuel gas containers (1) This section prescribes safety requirements in relation to fuel gas containers. (2) The owner of a fuel gas container must ensure the container is tested, inspected and maintained in accordance with all relevant safety requirements under schedule 1. (3) A test or inspection of the fuel gas container must be carried out by an authorised test station. (4) This section applies whether or not the fuel gas in the container has been sold, or otherwise supplied on a commercial basis, to another person by the owner of the container. Page 56 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 86]

86 Operator of LPG delivery network must ensure only particular persons supply LPG through the network The operator of an LPG delivery network must ensure another person does not supply LPG through the network to a consumer’s gas system unless— (a) the person is recorded as an LPG supplier for the network in the operator’s safety management system for the network; and (b) the operator is reasonably satisfied the person has the skills, knowledge and experience required under the safety management system to supply LPG through the network. Division 2 Other requirements for fuel gas network operators

87 Fuel gas network operator must arrange attendance for particular incidents (1) This section applies if— (a) an incident involving, or that may involve, fuel gas supplied through a fuel gas network is reported to the operator of the network; and (b) the location of the incident is reported to the operator. (1A) This section applies whether or not the location of the incident is in, or a part of, the fuel gas network. (2) If the operator reasonably believes the incident is occurring when it is reported to the operator, the operator must ensure sufficient competent persons and equipment to deal with the incident as expeditiously as possible go to the reported location of the incident. Maximum penalty—20 penalty units. Current as at 1 September 2017 Page 57 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 88]

88 Fuel gas network operator must keep records (1) The operator of a fuel gas network must, for the required period, keep the following records in relation to a gas system supplied with fuel gas by the network— (a) a record of the number of the gas work licence or authorisation for the person who installs the gas system; Note— The number of the installer’s gas work licence or authorisation is stated in the gas compliance certificate, a copy of which the installer must, under section 91 or 91A, give the owner, operator or proposed operator of the gas system. (b) the number of the gas compliance certificate for the installation of the gas system; (c) a record of the day fuel gas is first made available to the gas system; (d) for a check of a gas system carried out by or for the operator under section 92(2)(c)— (i) a record of the relevant method used to check the gas system; and (ii) a record of the result of the check of the gas system. Maximum penalty—20 penalty units. (2) In this section— required period means the period for which fuel gas is supplied to the gas system through the fuel gas network.

88A LPG delivery network operator must give chief inspector contact details The operator of an LPG delivery network must, at least every 12 months or as requested by an inspector, give the chief inspector the name, business address, email address and telephone number of each LPG delivery network to which the operator has supplied LPG in the previous 12-month period. Page 58 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 88B] Division 3 Safety requirements for automotive LPG sites

88B Purpose of div 3 This division prescribes safety requirements in relation to automotive LPG sites.

88C Definitions for div 3 In this division— LPGA automotive code of practice means the document titled ‘LP Gas Automotive Retail Outlets Code of Practice for Safe Operation’, issue 3.0 August 2011, produced by the Australian Liquefied Petroleum Gas Association Ltd ACN 002 703 951. site occupier, for an automotive LPG site— (a) means a person who is responsible for the safe operation of the site; but (b) does not include an individual at an automotive LPG site who is subject to the control of another person at the site.

88D Safety management system for automotive LPG site (1) A site occupier for an automotive LPG site must make or adopt and implement and maintain a safety management system for the site that— (a) complies with the LPGA automotive code of practice; or (b) ensures, and states that, the level of risk at the site is equal to or less than the level of risk that would be achieved by complying with the LPGA automotive code of practice. (2) The site occupier for the site must— Current as at 1 September 2017 Page 59 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 88E] (a) whenever the site is operating, keep a copy of the safety management system for the site open for inspection at the site; and (b) display, and keep displayed, in a conspicuous place at the site where it can be easily read by anyone to whom the system may apply, a notice stating where the copy of the system is available for inspection; and (c) ensure each person mentioned in the system who has an obligation under the system is told they have an obligation under the system within a reasonable period before the system requires them to comply with the obligation. (3) A person who has an obligation under the system must comply with the obligation. (4) If in a proceeding for an offence against section 708A of the Act for not complying with a safety requirement imposed under this section it is relevant to establish what was the safety management system for the site at a particular time, the copy of the system that was kept at the site at that time is taken to be the original of the system. (5) In this section— available for inspection means available for inspection by anyone to whom the system may apply.

88E Restrictions on product supplier supplying automotive LPG (1) A product supplier must not supply automotive LPG to an automotive LPG site unless the site has a safety management system that— (a) complies with the LPGA automotive code of practice; or (b) states that the level of risk at the site is equal to or less than the level of risk that would be achieved by complying with the LPGA automotive code of practice. Page 60 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 88F] (2) A product supplier must not supply automotive LPG to an automotive LPG site if the supplier knows, or ought reasonably to know, that the site does not comply with a relevant safety requirement.

88F Product supplier must give chief inspector contact details A product supplier must, at least every 12 months or as requested by an inspector, give the chief inspector the name, business address, email address and telephone number of— (a) each automotive LPG site to which the supplier has supplied automotive LPG in the previous 12-month period; and (b) the site occupier of each site. Division 4 Generic SMS

88G Prescription of generic SMS For section 675A of the Act, the document called ‘Safety management system for gas supply and cylinder distribution business’ and prepared by the department is prescribed for each stage of the following operating plant— (a) a bulk fuel gas storage facility if the tanks storing the fuel gas at the facility have a total volume of less than 30t; (b) an LPG delivery network for non-automotive LPG if— (i) the total capacity of fuel gas containers in the network for non-automotive LPG is not more than 5,000L; and (ii) the network includes filling, with non-automotive LPG, a fuel gas container with a water capacity of more than 30L; Current as at 1 September 2017 Page 61 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 89] (c) an LPG delivery network for non-automotive LPG if the total capacity of fuel gas containers in the network for non-automotive LPG is more than 5,000L but not more than 12,000L. Editor’s note— A copy of the document is available on the department’s website. Part 2 Gas systems supplied with fuel gas by a fuel gas network

89 Application of pt 2 This part applies in relation to a gas system supplied, or to be supplied, with fuel gas through a fuel gas network.

90 Requirements to be complied with before carrying out particular gas work (1) This section applies to gas work involving— (a) the installation of a gas system— (i) that is to be supplied with fuel gas through a fuel gas network that is a distribution system; and (ii) that has not previously been supplied with fuel gas through a distribution system; or (b) the connection of 1 or more additional major use gas devices to an existing gas system that is supplied with fuel gas through a fuel gas network that is a distribution system. (2) Before a person carries out the gas work, the person must notify the relevant network operator of— (a) the nature of the work to be carried out; and (b) the anticipated demands of the gas system or device on the network’s supply of fuel gas. Maximum penalty—10 penalty units. Page 62 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 91] (3) In this section— major use gas device means a gas device (type A) or (type B) with the capacity to consume more than 100MJ in an hour.

91 Persons to be given copy of relevant certificate for installation at operating plant (1) This section applies if either of the following (each of whom is the installer) installs plant or equipment at an operating plant or proposed operating plant for a gas system— (a) the holder of a gas work licence or authorisation; (b) a person who installs the plant or equipment under a safety management plan, other than a generic SMS, and has been assessed under the plan as competent to carry out the installation. (2) The installer must, before making the plant or equipment operational, give a copy of the relevant certificate for the installation to— (a) the owner, operator or proposed operator of the gas system immediately after installing the plant or equipment; and (b) the relevant network operator within 5 business days after installing the plant or equipment. Maximum penalty—20 penalty units. (3) In this section— relevant certificate means the certificate under section 697(3) of the Act.

91A Prescribed persons, installation stage and period for giving gas compliance certificate for installation not at operating plant—Act, s 734 (1) This section applies if the holder of a gas work licence or authorisation installs all or part of a gas system otherwise than at an operating plant or proposed operating plant. Current as at 1 September 2017 Page 63 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 91B] (2) For section 734(3)(a) of the Act, the prescribed persons are— (a) the owner, operator or proposed operator of the gas system; and (b) the relevant network operator. (3) For section 734(3) of the Act— (a) the prescribed stage of the installation at which the gas compliance certificate must be given to the owner, operator or proposed operator of the gas system is at the finish of the installation; and (b) the prescribed period within which the gas compliance certificate must be given to the relevant network operator is 5 business days after the gas system or the part of the gas system is installed.

91B Prescribed compliance plate and related matters for gas system installation—Act, s 734 (1) Subsections (2), (3) and (4) prescribe matters about compliance plates for section 734(3)(b) of the Act. (2) A compliance plate complying with subsection (3) is prescribed for an installation of a gas system or part of a gas system (the relevant gas system) including, or expected to include, a gas device (type A) or gas device (type B), other than at an operating plant or proposed operating plant. (3) The compliance plate must— (a) state the following information about the installation of the relevant gas system— (i) the licence number of the person who installed the relevant gas system; (ii) the number of the gas compliance certificate for the installation; (iii) the type of device connected to the relevant gas system; (iv) the date the relevant gas system was installed; and Page 64 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 91B] (b) be in a form approved by the chief inspector. (4) The prescribed way to attach a prescribed compliance plate for the installation of a relevant gas system is— (a) for a system installed in a building with 1 or more electrical meter boxes— (i) to the interior surface of the door of the relevant electrical meter box; or (ii) if the compliance plate can not be attached as mentioned in subparagraph (i)—to the exterior surface of the door of the relevant electrical meter box; or (b) for another system— (i) if the system has a cylinder compartment—to a prominent place in or near the cylinder compartment; or (ii) otherwise—to a prominent place adjacent to the first pressure regulator, first gas meter or gas isolation valve for the system. Examples of relevant gas systems to which paragraph (b) applies— a relevant gas system installed in a caravan or boat or a building without an electrical meter box (5) For section 734(3) of the Act, the prescribed stage of the installation at which a prescribed compliance plate must be attached is at the finish of the installation. (6) In this section— cylinder compartment means a compartment, enclosed area or partitioned-off space primarily used for installing a gas cylinder or other equipment associated with a relevant gas system. first gas meter, for a relevant gas system, means the device used to measure the volume of gas passing through the device that is closest to the source of gas supplying the system. first pressure regulator, for a relevant gas system, means the device regulating the pressure of gas passing through the Current as at 1 September 2017 Page 65 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 92] device that is closest to the source of gas supplying the system. gas isolation valve, for a relevant gas system, means a valve installed in the piping of the system to isolate the pipe work downstream of the source of gas supplying the system. relevant electrical meter box, for installation of a relevant gas system in a building, means— (a) if the gas system is installed for the use of the occupier of the entire building—the electrical meter box containing the main electrical switchboard servicing the building; or Example— the electrical meter box at a detached dwelling (b) if the gas system is installed for the use of the occupier of only part of the building—the electrical meter box containing the electrical circuit protective devices exclusively servicing that part of the building. Example— the electrical meter box for a particular apartment in a unit block or lot in commercial premises

92 Requirements to be complied with before supplying fuel gas to a gas system (1) This section applies if— (a) the operator of a fuel gas network proposes to supply fuel gas to a gas system that has not previously been supplied with fuel gas by a fuel gas network; or (b) for a fuel gas network that is an LPG delivery network and to the extent that paragraph (a) does not apply—a person proposes to start supplying LPG through the network to a gas system to which subsection (1A) applies. (1A) This subsection applies to a gas system— Page 66 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 92] (a) that has not previously been supplied with LPG through a fuel gas network to the gas system; or (b) if the connection of LPG supplied through a fuel gas network has been interrupted causing the gas system to stop being pressurised. Example for paragraph (b)— a cylinder of LPG is removed from a gas system other than for the purpose of exchanging the cylinder (2) Before starting to supply fuel gas to the gas system, the person connecting fuel gas to the gas system must ensure— (a) a test point is installed on the regulator for the gas system that supplies fuel gas at the pressure mentioned in section 84(2), or immediately downstream of the regulator; and (b) the pressure at which fuel gas will be supplied to the gas system complies with section 84; and (c) the gas system is checked in accordance with a relevant method and the check confirms there is no significant leakage of fuel gas from the gas system. Maximum penalty—20 penalty units. (3) If subsection (1)(a) applies, the operator of the fuel gas network must ensure that, not later than 30 days after the operator becomes aware that gas has been used by the gas system— (a) a gas compliance certificate is issued by the installer of the gas system; and (b) a copy of the certificate is provided to the operator of the fuel gas network. Maximum penalty—20 penalty units. (3A) An operator is taken to be aware that gas has been used by the gas system if— (a) the operator has read or received data from a meter for the gas system showing that gas has been used; or Current as at 1 September 2017 Page 67 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 92] (b) the operator has provided LPG for the system. (3B) It is a defence to the prosecution of an operator for an offence against subsection (3) for the operator to prove that the operator has— (a) obtained the licence number of the installer of the gas system before a meter or LPG container for the gas system was installed; and (b) taken reasonable steps to obtain a gas compliance certificate; and (c) given the chief inspector a written report, for each quarterly period, stating— (i) the licence number of any installer of a gas system to which the operator has supplied fuel gas during the quarterly period, if the installer has not provided a gas compliance certificate to the operator; and (ii) the addresses of the premises at which the gas systems were installed. Maximum penalty—20 penalty units. (4) In this section— relevant method, for checking a gas system, means— (a) a method for checking a gas system detailed in a fuel gas network’s safety management system if the method under the system is capable of— (i) checking the pressure of the gas system; and (ii) identifying a significant leakage of fuel gas from the gas system; or (b) otherwise—the gas system pressure test under ‘AS/NZS

5601 Gas installations—Part 1: General installations (2013)’. significant leakage, of fuel gas from a gas system, means that, after being locked up for 10 minutes, the system shows a Page 68 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 93] discernible drop in pressure on a calibrated and appropriately scaled gauge.

93 General obligations of owner of a gas system (1) The owner of a gas system must take all reasonable steps to ensure the gas system complies with all relevant safety requirements, including, for example, ensuring— (a) a suitably qualified person carries out the installation, servicing, repairing, decommissioning and disposal of any part of the gas system; and (b) if a suitably qualified person or an inspector notifies the owner that the gas system is unsafe, the gas system is not used until it is safe. Maximum penalty—20 penalty units. (2) For this section and section 94, owner includes a person in possession of a gas system under any of the following for the system— (a) an agreement for sale; (b) a hire purchase agreement; (c) a lease; (d) any other similar arrangement. (3) In this section— suitably qualified person means— (a) for a gas system that includes a gas device (type A)—the holder of a gas work licence that authorises the person to carry out the gas work; or (b) for a gas system that includes a gas device (type B)—the holder of, or a person acting under, a gas work authorisation for the device.

94 User must report safety concerns to owner of gas system (1) This section applies if— Current as at 1 September 2017 Page 69 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 95] (a) a person using a gas system is not the owner of it; and (b) the person has a safety concern in relation to the gas system. (2) For subsection (1), the person has a safety concern in relation to the gas system if the person knows or suspects, or ought reasonably to know or suspect, the gas system does not or may not comply with all relevant safety requirements. (3) The person must, as soon as practicable, give the owner of the gas system notice of the person’s safety concern.

95 Owner of gas system must address user’s safety concern (1) This section applies if an owner of a gas system is given a notice of a safety concern by a person under section 94. (2) The owner must, as soon as practicable after receiving the notice, take reasonable steps to address the person’s safety concern. Maximum penalty—20 penalty units. Part 3 Gas systems in vehicles and vessels and for stationary engines Division 1 Preliminary

97 Definitions for pt 3 In this part— alter, a gas system, means— (a) relocate a component of the system; or (b) replace the system, or a component of the system, with a different make or model that changes the design or performance characteristics of the system. Page 70 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 97] authorised certifier, for inspecting or altering a gas fuel system, means the holder of a gas work authorisation (motor fuel) if the authorisation states the holder may inspect, or alter, and certify the relevant gas fuel system. authorised installer, for inspecting or altering a gas system, means the holder of a gas work licence or gas work authorisation (industrial appliance) if the licence or authorisation states the holder may inspect, or alter, and certify the relevant gas system. commercial vehicle or vessel— (a) means a vehicle or vessel, other than a road tank vehicle, that is used— (i) for carrying passengers or goods for hire or reward; or (ii) in the course of business, if the vehicle or vessel uses fuel gas other than for the propulsion of the vehicle or vessel; and (b) includes a forklift. corresponding law means a law of another State that provides for the same or similar matters as the Act. dealer— (a) for a vehicle—means the holder of a motor dealer’s licence under the Property Agents and Motor Dealers Act 2000; and (b) for a vessel—means a person who is in the business of buying and selling vessels. domestic commercial vessel national law see the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016, section 20. gas inspection certificate— (a) for the installation of a gas fuel system, means the certification under section 734(3) of the Act by the person who installs the system; or Current as at 1 September 2017 Page 71 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 97] (b) for the inspection or alteration of a gas fuel system— means a certificate, in the approved form, issued under section 101(2) or 102(2) by the authorised certifier who inspects or alters the system. interstate gas compliance certificate means a certificate for the gas system, other than the gas fuel system, in a vehicle or vessel if the certificate is issued under a corresponding law and states the system complies with all relevant safety requirements, or equivalent requirements, under the corresponding law. interstate gas inspection certificate means a certificate for the gas fuel system in a vehicle or vessel if the certificate is issued under a corresponding law and states the system complies with all relevant safety requirements, or equivalent requirements, under the corresponding law. owner— (a) for a vehicle that is registered—means the registered operator of the vehicle under the Transport Operations (Road Use Management) Act 1995, or the registered operator or a similar person under a corresponding law; or (b) for a vessel that has a current certificate of operation under the domestic commercial vessel national law— means the person who holds the certificate of operation; or (c) for a vessel that is registered—means the registered owner of the vessel under the Transport Operations (Marine Safety) Regulation 2016, or the registered owner or a similar person under a corresponding law; or (d) for a stationary engine, a vehicle that is unregistered, or a vessel that is not mentioned in paragraph (b) or (c)— means the person in lawful possession of the engine, vehicle or vessel. used vehicle or vessel means— Page 72 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 97A] (a) a vehicle or vessel that has, at any time, been licensed or registered, whether under a law of this State or of any other State; or (b) a used imported vehicle or vessel. Division 2 Gas fuel systems

97A Application of div 2 This division applies in relation to a gas fuel system in a vehicle or vessel or for a stationary engine.

98 New vehicle or vessel must not be offered for sale without gas inspection certificate or gas compliance plate (1) A person must not offer to sell a vehicle or vessel, other than a used vehicle or vessel, unless a gas inspection certificate has been issued for the gas fuel systems in the vehicle or vessel, or a gas compliance plate has been attached to the vehicle or vessel. Maximum penalty—20 penalty units. (2) If a certificate has been issued, the person must give a copy of the certificate to the buyer of the vehicle or vessel before the buyer takes possession of the vehicle or vessel. Maximum penalty—20 penalty units. (3) In this section— gas compliance plate means a plate attached to a vehicle or vessel that states the gas fuel system complies with the relevant standards for gas fuel systems for vehicles or vessels. Note— The standards for gas fuel systems in vehicles or vessels are stated in schedule 1. gas inspection certificate includes an interstate gas inspection certificate. Current as at 1 September 2017 Page 73 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 99]

99 Copy of gas inspection certificate to be given to new owner of used vehicle or vessel (1) This section applies to a person who— (a) owns a used vehicle and intends to dispose of it to someone else, other than a dealer; or (b) sells or otherwise transfers ownership of a used vessel to someone else, other than a dealer. (2) However, this section does not apply to a used vehicle or vessel that is not licensed or registered, whether under a law of this State or of any other State. (3) The person must give a copy of a gas inspection certificate complying with subsection (4) for the gas fuel system in the vehicle or vessel to the person (the buyer) to whom there is a disposal of the vehicle or to whom the vessel is sold or otherwise transferred before the buyer takes possession of the vehicle or vessel. Maximum penalty—20 penalty units. (4) The certificate must be issued not earlier than 3 months before the buyer takes possession of the vehicle or vessel. (5) In this section— disposal, of a vehicle, see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010, schedule 4. gas inspection certificate includes an interstate gas inspection certificate.

100 Owner of commercial vehicle or vessel must ensure its gas fuel system is inspected and certified The owner of a commercial vehicle or vessel must ensure the gas fuel system in the vehicle or vessel is inspected, and has a gas inspection certificate or an interstate gas inspection certificate issued in relation to it, at least once in every 12-month period. Maximum penalty—20 penalty units. Page 74 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 100A]

100A Prescribed persons, installation stage and period for giving gas inspection certificate for installation—Act, s 734 (1) This section applies if the holder of a gas work authorisation installs all or part of the gas fuel system. (2) For section 734(3)(a) of the Act, the prescribed persons are— (a) the owner, or the person in lawful possession, of the vehicle, vessel or stationary engine; and (b) for a gas fuel system for a stationary engine to which fuel gas is supplied by a fuel gas network—the relevant network operator. (3) For section 734(3) of the Act— (a) the prescribed stage of the installation at which the gas inspection certificate must be given to a prescribed person mentioned in subsection (2)(a) is at the finish of the installation; and (b) the prescribed period within which the gas inspection certificate must be given to a prescribed person mentioned in subsection (2)(b) is 5 business days after the gas fuel system or the part of the gas fuel system is installed.

101 Issue of gas inspection certificate for gas fuel system in vehicle or vessel or for stationary engine (1) This section applies if an authorised certifier inspects, for this division, the gas fuel system in a vehicle or a vessel or for a stationary engine. (2) If the gas fuel system complies with the relevant safety requirements for the system, the certifier must, immediately after the inspection, issue to the owner, or the person in lawful possession, of the vehicle, vessel or stationary engine a gas inspection certificate for the system. Maximum penalty—20 penalty units. Current as at 1 September 2017 Page 75 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 102] (3) If the gas fuel system does not comply with the relevant safety requirements for the system, the certifier must give the owner, or the person in lawful possession, of the vehicle, vessel or stationary engine, notice of the gas work or other action that must be carried out for a gas inspection certificate to be issued for the system. Maximum penalty—20 penalty units. Editor’s note— A book of pro-forma notices for this purpose (called ‘gas system defect notices’) may be purchased from the department’s regional offices. (4) Subsection (5) applies if the certifier gives the owner of the vehicle, vessel or stationary engine a notice under subsection (3) and the gas work or other action stated in the notice is carried out. (5) The certifier must, immediately after being satisfied that the stated work has been carried out, issue to the owner, or the person in lawful possession, of the vehicle, vessel or stationary engine, a gas inspection certificate for the system. Maximum penalty—20 penalty units.

102 Certification for alterations to a gas fuel system in a vehicle or vessel or for a stationary engine (1) This section applies to an authorised certifier who alters a gas fuel system in a vehicle or vessel or for a stationary engine. Note— For installing a gas system, see the requirements under section 734 of the Act. (2) The certifier must, immediately after completing the work— (a) ensure the gas fuel system complies with all relevant safety requirements; and (b) issue to the owner, or the person in lawful possession, of the vehicle, vessel or stationary engine a gas inspection certificate for the system. Maximum penalty—20 penalty units. Page 76 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 103] (3) If the certificate relates to a motor vehicle, the certificate must include a carbon monoxide analysis if— (a) the vehicle is a commercial vehicle; and (b) the certifier believes the vehicle may be used in an unventilated place where excessive carbon monoxide levels might cause a hazard to the health of persons. Example— a forklift used in a refrigerated store room (4) The certifier must keep a copy of the certificate for 3 years after the completion of the work. Maximum penalty—20 penalty units. (5) In this section— carbon monoxide analysis means an analysis of the level of the carbon monoxide exhaust emissions from a vehicle— (a) when it is idling; and (b) under light, medium and heavy load conditions.

103 Labelling requirements for LPG gas fuel systems in vehicles (1) This section applies— (a) in relation to a gas fuel system for a vehicle that uses LPG; and (b) despite the requirements under AS/NZS 1425 ‘LP gas fuel systems for vehicle engines’ (2013) (the relevant standard). Note— See schedule 1 (Mandatory and preferred standards for safety requirements), part 4 (LPG storage and handling). (2) The person who installs the gas fuel system in the vehicle must comply with this section. Maximum penalty—10 penalty units. Current as at 1 September 2017 Page 77 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 104] (3) A label used to identify a vehicle that uses LPG, as required under the relevant standard, may be— (a) metallic; or (b) adhesive and non-metallic. (4) An identifying label is required for each place where gas cylinders are installed in the vehicle. Examples— • If 2 LPG tanks were installed in the boot of a vehicle, only 1 label would be required for the boot. • If 1 LPG tank was installed on the tray of a truck and another under the body, both places would be required to be labelled. (5) If the relevant standard requires a label to be fixed to the number plate of a vehicle but the label does not fit on it, the label may be fixed in a visible place adjacent to the number plate.

104 Use of gas fuel system for propulsion of a vessel The owner of a vessel must not use, or allow to be used, a gas fuel system for the propulsion of the vessel unless the plans and specifications for the gas fuel system have been approved by an inspector. Maximum penalty—20 penalty units.

105 Requirements for owner of vehicle or vessel or for a stationary engine The owner of a vehicle, vessel or stationary engine must take all reasonable steps to ensure— (a) the gas fuel system in the vehicle, vessel or for the stationary engine complies with all relevant safety requirements; and (b) for a vehicle—the carbon monoxide exhaust emissions from the vehicle do not exceed the levels stated in the gas inspection certificate for the vehicle. Page 78 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 105A] Example of all reasonable steps taken— A regular testing program for a vehicle for hire is carried out before each hire or every 6 months, whichever happens first. Maximum penalty—20 penalty units.

105A Non-application of ss 98 to 100 to owner of vehicle or vessel in exempt area (1) Sections 98 to 100 do not apply to a person who is the owner of a vehicle or vessel if— (a) the person lives in an area mentioned under the vehicle standards and safety regulation, schedule 2, item 1; or (b) the person lives in an area mentioned under the vehicle standards and safety regulation, schedule 2, item 2 or 5, for that type of vehicle; or (c) the person has received a notice from the chief inspector advising the person that there is no one authorised to issue a gas inspection certificate within a reasonable distance of the person’s residence. (2) In this section— vehicle standards and safety regulation means the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010.

105AB Person selling or transferring vehicle or vessel without a gas inspection certificate must advise A person who, in relation to a vehicle or vessel, has received a notice under section 105A(1)(c) must advise anyone to whom the person sells or transfers the vehicle or vessel that a gas inspection certificate has not been issued for the gas fuel system in the vehicle or vessel. Maximum penalty—20 penalty units. Current as at 1 September 2017 Page 79 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 105B] Division 3 Other gas systems

105B Application of div 3 This division applies in relation to a gas system, other than a gas fuel system, in a vehicle or vessel. Example— gas cooker, water heater or refrigerator in a caravan, mobile home or food van

105C New vehicle or vessel must not be offered for sale without a gas compliance certificate (1) A person must not offer to sell a vehicle or vessel, other than a used vehicle or vessel, unless a gas compliance certificate has been issued for the gas system in the vehicle or vessel. Maximum penalty—20 penalty units. (2) The person must give a copy of the certificate to the buyer of the vehicle or vessel before the buyer takes possession of the vehicle or vessel. Maximum penalty—20 penalty units. (3) In this section— gas compliance certificate includes an interstate gas compliance certificate.

105D Copy of gas compliance certificate to be given to new owner of used vehicle or vessel (1) This section applies to a person who sells or otherwise transfers ownership of a used vehicle or vessel, other than to a dealer. (2) However, this section does not apply to a used vehicle or vessel that is not licensed or registered, whether under a law of this State or of any other State. (3) The person must give a copy of a gas compliance certificate complying with subsection (4) for the gas system in the Page 80 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 105E] vehicle or vessel to the person (the buyer) to whom the vehicle or vessel is sold or transferred before the buyer takes possession of the vehicle or vessel. Maximum penalty—20 penalty units. (4) The certificate must be issued not earlier than 3 months before the buyer takes possession of the vehicle or vessel. (5) In this section— gas compliance certificate includes an interstate gas compliance certificate.

105E Owner of commercial vehicle or vessel must ensure its gas systems are inspected and certified The owner of a commercial vehicle or vessel must ensure the gas system in the vehicle or vessel is inspected, and has a gas compliance certificate or an interstate gas compliance certificate issued in relation to it, at least once in every 1-year period. Maximum penalty—20 penalty units.

105EA Prescribed person and installation stage for giving gas compliance certificate for installation—Act, s 734 (1) This section applies if the holder of a gas work licence or authorisation installs all or part of the gas system. (2) For section 734(3)(a) of the Act, the prescribed person is the owner, operator or proposed operator of the gas system. (3) For section 734(3) of the Act, the prescribed stage of the installation at which the gas compliance certificate must be given to the prescribed person is at the finish of the installation. Current as at 1 September 2017 Page 81 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 105F]

105F Issue of compliance certificates for gas systems in vehicle or vessel (1) This section applies if an authorised installer inspects, for this division, the gas system in a vehicle or vessel. (2) If the gas system complies with the relevant safety requirements, the installer must, immediately after the inspection, issue to the owner, or the person in lawful possession, of the vehicle or vessel a gas compliance certificate for the system. Maximum penalty—20 penalty units. (3) If the gas system does not comply with the relevant safety requirements, the installer must give the owner, or the person in lawful possession, of the vehicle or vessel, notice of the gas work or other action that must be carried out in order for a gas compliance certificate to be issued for the gas system. Maximum penalty—20 penalty units. Editor’s note— A book of pro-forma notices for this purpose (called ‘gas system defect notices’) may be purchased from the department’s regional offices. (4) Subsection (5) applies if the installer gives the owner of a vehicle or vessel a notice under subsection (3) and the gas work or other action stated in the notice is carried out. (5) The installer must, immediately after being satisfied that the stated work has been carried out, issue to the owner, or the person in lawful possession, of the vehicle or vessel, a gas compliance certificate for the system. Maximum penalty—20 penalty units.

105G Certification by person who alters a gas system in a vehicle or vessel (1) This section applies to an authorised installer who alters a gas system in a vehicle or vessel. Page 82 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 105H] Note— For installing a gas system, see the requirements under section 734 of the Act. (2) The installer must, immediately after completing the work— (a) ensure the gas system complies with all relevant safety requirements; and (b) issue to the owner, or the person in lawful possession, of the vehicle or vessel a gas compliance certificate for the system. Maximum penalty—20 penalty units. (3) The installer must keep a copy of the certificate for 3 years after the completion of the work. Maximum penalty—20 penalty units. Part 3A Other plant and equipment

105H Application of pt 3A This part applies to plant and equipment, other than plant and equipment for— (a) a gas system supplied, or to be supplied, through a fuel gas network; or (b) a gas system in a vehicle, vessel or stationary engine.

105I Persons to be given copy of relevant certificate for installation at operating plant (1) This section applies if either of the following (each of whom is the installer) installs plant or equipment at an operating plant or proposed operating plant for a gas system— (a) the holder of a gas work licence or authorisation; (b) a person who installs the plant or equipment under a safety management plan, other than a generic SMS, and Current as at 1 September 2017 Page 83 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 105J] has been assessed under the plan as competent to carry out the installation. (2) The installer must, immediately after completing the installation, give a copy of the relevant certificate for the installation to the owner or operator of the operating plant or proposed operating plant. Maximum penalty—20 penalty units. (3) In this section— relevant certificate means the certificate under section 697(3) of the Act.

105J Prescribed person and installation stage for giving gas compliance certificate for installation not at operating plant—Act, s 734 (1) This section applies if the holder of a gas work licence or authorisation installs all or part of a gas system otherwise than at an operating plant or proposed operating plant. (2) For section 734(3)(a) of the Act, the prescribed person is the owner, operator or proposed operator of the gas system. (3) For section 734(3) of the Act, the prescribed stage of the installation at which the gas compliance certificate must be given to the prescribed person is at the finish of the installation. Page 84 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 106] Part 4 General provisions relating to fuel gas Division 1 Provisions about gas work

106 Gas work carried out by holder of gas work licence or authorisation The holder of a gas work licence or authorisation must ensure, in relation to gas work carried out by or for the holder— (a) the work— (i) complies with all relevant safety requirements; and (ii) is carried out in a thorough and professional way; and (b) all reasonable precautions are taken, at the place where the work is carried out, to avoid injury or damage being caused to persons or property because of the work. Maximum penalty—20 penalty units.

107 Repair of gas work that does not comply with the Act (1) This section applies if— (a) gas work is carried out by or for the holder of a gas work licence or authorisation on a gas device (type A) or (type B); and (b) an inspector inspects the gas work within 3 years of the work being completed; and (c) the chief inspector reasonably considers the gas work has not been carried out in a thorough and professional way. (2) The chief inspector may give the holder a notice requiring the holder to remedy the work in the way stated in the notice within 14 days after the holder receives the notice. Current as at 1 September 2017 Page 85 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 109] (3) The holder must remedy the work, or cause it to be remedied, in the way stated within the 14-day period. Maximum penalty—20 penalty units. (4) The holder must bear the cost of remedying the work. (5) This section— (a) is in addition to, not in substitution for, any other right or remedy available to a consumer under an Act or law; but (b) does not entitle a consumer to recover the cost of remedying the work more than once. Division 2 Safety requirements

109 Transporting cylinders in vehicles Schedule 7 prescribes safety requirements for transporting cylinders in vehicles.

110 Installing particular cylinders in enclosed spaces A person who installs a cylinder inside premises in an enclosed space, including, for example, a cupboard, must ensure the enclosed space— (a) is vented to outside; and (b) is sealed from the room and from the gas device that consumes gas from the cylinder.

111 Installing gas devices in caravans (1) This section prescribes safety requirements for a person who installs a gas device in a caravan. (2) The person must ensure— (a) the device complies with all relevant safety requirements mentioned in schedule 1; and Page 86 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 112] (b) if the device is stored, when not in use, in a compartment or other enclosed space—the device is installed so that gas can not flow to it when it is not in use.

112 Cylinders used in hot air balloons (1) This section prescribes safety requirements in relation to a cylinder used in a hot air balloon. (2) The operator of the cylinder must ensure it is clearly labelled as a cylinder used in a hot air balloon. (3) A person must not use or fill the cylinder if it has an excess flow valve. (4) If the cylinder is tested or serviced at an authorised test station, the test station must, when the cylinder is returned to the operator of the cylinder, give the operator a certificate stating that the valve configuration of the cylinder— (a) has not been changed from the original manufacturer’s specification; and (b) complies with directive AD/BAL/14 ‘Fast flow restrictor valves’ published by the Civil Aviation Safety Authority of the Commonwealth in 1995. (5) In this section— excess flow valve means a device designed to stop the flow of gas from a cylinder if the flow increases suddenly. Division 3 Other requirements

113 Requirements for using flammable hydrocarbon gases for refrigeration or air conditioning Schedule 8 states requirements, including safety requirements, for using flammable hydrocarbon gases for refrigeration or air conditioning. Current as at 1 September 2017 Page 87 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 113A]

113A Additional requirements for safety management systems—lower flammable limit alarm levels for unplanned or uncontrolled gas releases For section 675(1)(u) of the Act, each of the following additional matters must be included in a safety management system for an operating plant where fuel gas is stored, transported or used— (a) the name of each fuel gas that could be released from the operating plant; (b) the lower flammable limit alarm level for an unplanned or uncontrolled release of the fuel gas. Division 4 Offences relating to fuel gas

114 Offence to transfer LPG between fuel gas containers in residential areas (1) A person must not, without the written approval of the chief inspector, transfer LPG from 1 fuel gas container to another at or adjacent to residential premises if, as a result of the transfer, LPG vapour or liquid gas is released into the air. Maximum penalty—20 penalty units. (2) This section does not apply to the operator, or a person acting under the direction of the operator, of an LPG delivery network.

115 Offence to tamper with a gas system A person must not knowingly tamper with a gas system. Maximum penalty—20 penalty units.

115A Causing existing gas system to not comply with safety requirements A person must not cause an existing gas system to not comply with the safety requirements for the gas system. Page 88 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 115B] Maximum penalty—20 penalty units. Example— placing an ignition source such as an air conditioner within the hazardous zone of a gas cylinder as defined under AS/NZS 1596 ‘The storage and handling of LP gas’ (2014)

115B Water heaters—registration and labelling (1) A person must not display for sale or sell a gas device that is a water heater (the sale device) unless a gas device of the same type as the sale device (an alike device)— (a) is registered; or (b) was registered when the sale device was manufactured in or imported into Queensland. Maximum penalty—20 penalty units. (2) A person must not display for sale or sell a sale device with an energy efficiency label attached to, or accompanying, the device unless the label— (a) complies with requirements about labelling the device stated in AS 4552 ‘Gas fired water heaters for hot water supply and/or central heating’; and (b) contains no figures, symbols or other words likely to mislead the public about the device’s comparative energy efficiency rating or performance characteristics. Maximum penalty—20 penalty units. (3) For subsection (1), an alike device is registered if— (a) the device is registered under a law of another State or the Commonwealth; and (b) a requirement of registration under the law is compliance with AS/NZS 4552.2, ‘Gas fired water heaters for hot water supply and/or central heating, part 2, minimum energy performance standards for gas water heaters’. (4) This section does not apply to the display or sale of— Current as at 1 September 2017 Page 89 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 115C] (a) a second-hand sale device; or (b) a sale device manufactured in or imported into Queensland before the commencement of this section. Part 5 Gas work licences and authorisations

115C Definitions for pt 5 In this part— gas work requirements means the document called ‘Queensland Gas Work Licence and Gas Work Authorisation Requirements’ and published on the department’s website. industrial appliance means a gas device (type B) designed for using fuel gas as a fuel or feed stock in an industrial process.

116 Qualifications or experience for gas work licences and gas work authorisations—Act, s 728C(2)(a) (1) This section prescribes, for section 728C(2)(a) of the Act, the qualifications or experience required of the following— (a) if an applicant for a gas work authorisation is a corporation—each individual who is to perform gas work for the applicant under the authorisation; (b) any other applicant for a gas work licence or gas work authorisation. (2) The qualifications or experience required are— (a) the applicant or individual must have completed a course of training in gas work of the relevant type listed in the gas work requirements for the licence or authorisation applied for; or (b) the chief inspector must reasonably believe the applicant or individual otherwise demonstrates the skill and Page 90 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 117] knowledge required to carry out gas work of the relevant type for the licence or authorisation applied for. (3) For subsection (2)(b), the chief inspector may require the applicant or individual to sit a written, oral or practical examination.

117 Particular apprentices and trainees taken to be holders of gas work licence (1) This section applies to a person acting in the presence of, and under the direct supervision of, the holder of a gas work licence if the person is— (a) an apprentice or trainee of the holder; or (b) enrolled in a course of training stated in the gas work requirements. (2) The person is taken to be a holder of the gas work licence. (3) However, the person can not certify a gas system of a gas device (type A). (4) In this section, apprentice and trainee have the meanings given under the Further Education and Training Act 2014.

118 Annual fee payable by holder of gas work licence or gas work authorisation (1) The holder of a gas work licence or gas work authorisation must pay an annual fee for each year during the term of the licence or authorisation. (2) The amount of the fee is stated in schedule 9, part 6.

120 Types of gas work authorisations The chief inspector may issue the following types of gas work authorisations for gas devices (type B) or types of gas device (type B)— (a) gas work authorisation (industrial appliances); Current as at 1 September 2017 Page 91 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 122] (b) gas work authorisation (major project); (c) gas work authorisation (motor fuel); (d) gas work authorisation (servicing).

122 What gas work authorisation (industrial appliances) authorises A gas work authorisation (industrial appliances) authorises the holder, or a person acting under the holder’s authority, to carry out gas work in relation to an industrial appliance, group of industrial appliances, or gas system, as stated in the authorisation.

123 What gas work authorisation (major project) authorises (1) For this section, major project means the development and construction of an operating plant, or part of a plant, if the total gas capacity of the devices at the plant, or the part of the plant, is 50GJ/hr or more. (2) A gas work authorisation (major project) authorises the holder, or a person acting under the holder’s authority, to carry out gas work for a major project.

124 What gas work authorisation (motor fuel) authorises (1) For this section, motor fuel work means gas work for a gas system that supplies fuel— (a) to the engine of a vehicle or vessel; or (b) to a stationary engine capable of consuming fuel gas at a rate of 5GJ/hr or less. (2) A gas work authorisation (motor fuel) authorises the holder, or a person acting under the holder’s authority, to carry out motor fuel work as stated in the authorisation. Page 92 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 125]

125 What gas work authorisation (servicing) authorises (1) For this section, servicing— (a) means carrying out gas work, other than gas work mentioned in section 124, that involves maintaining or repairing a gas device (type B); and (b) does not include carrying out gas work that changes the design layout or operating parameters of a gas system. (2) A gas work authorisation (servicing) authorises the holder, or a person acting under the holder’s authority, to service a gas device (type B), or a group of gas devices (type B), as stated in the authorisation.

126A Notice of change in circumstances (1) Subsection (2) applies if the holder of a gas work licence or authorisation changes— (a) the holder’s address; or (b) the holder’s contact details. (2) The holder must give the chief inspector notice of the change within 20 business days after the change. Maximum penalty—10 penalty units.

126B Returning suspended or cancelled gas work licence or authorisation to chief inspector (1) If the chief inspector gives the holder a notice cancelling the holder’s gas work licence or authorisation, the holder must return the licence or authorisation to the chief inspector within 10 business days after the cancellation takes effect, unless the holder has a reasonable excuse. Maximum penalty—20 penalty units. (2) If the chief inspector gives the holder a notice suspending the holder’s gas work licence or authorisation and requires the holder to return the licence or authorisation, the holder must return the licence or authorisation to the chief inspector within Current as at 1 September 2017 Page 93 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 5 Fuel gas [s 126C] 10 business days after the suspension takes effect, unless the holder has a reasonable excuse. Maximum penalty—20 penalty units. (3) If subsection (2) applies, the chief inspector must return the licence or authorisation to the holder as soon as practicable after the suspension period ends.

126C Existing gas work licence or authorisation taken to be in force while application is considered (1) This section applies if— (a) a holder’s gas work licence or authorisation is issued for a stated period; and (b) the holder applies for a gas work licence or the same type of authorisation within the stated period. (2) The holder’s gas work licence or authorisation is taken to continue in force from the day it would, apart from this section, have expired until the day the chief inspector decides to grant or refuse the licence or authorisation for which the holder applied. (3) Subsection (2) does not apply if the gas work licence or authorisation is earlier cancelled or suspended under the Act. Page 94 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 133] Chapter 6 Miscellaneous Part 2 Fees and royalties etc. Division 1 Preliminary

133 Fees generally The fees payable under the Act are stated in schedule 9. Division 2 Safety and health fees Subdivision 1 Purpose of fees and liability to pay fees

134A Purpose of safety and health fees The purpose of safety and health fees is to cover the costs (the safety and health operating costs) of the department’s activities carried out for the purposes of safety and health matters relating to operating plant during each financial year. Note— See the Geothermal Act, section 4 and the Greenhouse Gas Storage Act 2009, section 4(c).

134AA Estimation and publication of safety and health costs (1) The chief executive must, for each financial year, prepare a written estimate (a costs estimate) of the safety and health operating costs for each relevant category of liable person for the year. (2) Each costs estimate must be published on the department’s website no later than 31 March before the financial year to which the estimate relates. Current as at 1 September 2017 Page 95 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 135] (3) A failure to comply with subsection (2) does not limit or otherwise affect the operation of the fee-capping provisions. (4) In this section— fee-capping provisions means schedule 9, part 8, sections 1(2), 2(2), 3(2), 4(2), 6(2) and 7(3).

135 Who is liable to pay a safety and health fee (1) Subject to sections 135A, 141 and 142AA, a person (a liable person) who is a person mentioned in subsection (2) at any time during a financial year must pay a safety and health fee for the year. (2) For subsection (1), the persons are each of the following— (a) the operator of an operating plant used to drill a prescribed well, geothermal well (other than a well drilled for wet geothermal production), GHG well or UCG well; (b) the operator of a work over rig that performs well completion or maintenance work for a prescribed well, geothermal well, GHG well or UCG well; (c) the holder of an authority to prospect; (d) the holder of a geothermal exploration permit; (e) the holder of a GHG permit; (f) the holder of a petroleum lease, or 1923 Act lease, under which petroleum was produced; (g) the operator of a petroleum facility that is any of the following types— (i) a major processing facility; (ii) a facility that produces syngas; (iii) a facility that produces a gasification or retorting product, other than mineral (f) produced by an underground gasification activity; (iv) a facility that produces LPG from petroleum; Page 96 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 135] (v) a facility that produces LNG and— (A) is not a major hazard facility under the Work Health and Safety Regulation 2011; and (B) must operate under a safety management system; (vi) a facility that produces CNG and must operate under a safety management system; (vii) a facility that produces mineral (f) under an underground gasification activity; (viii) a petroleum facility on an area to which a petroleum facility licence applies that is not included in subparagraphs (i) to (vii); (h) the operator of a facility, including a well, or a series of wells, and associated storage and injection equipment used to carry out injection of a GHG stream into the same or associated reservoirs that are part of the 1 GHG project; (i) the operator of a pipeline under a pipeline licence; (j) the operator of a distribution pipeline that is not part of a distribution system; (k) the operator of a GHG stream pipeline under the GHG storage Act; (l) the operator of a distribution system; (m) the operator of an LPG delivery network for non-automotive LPG that is an operating plant if the total capacity of fuel gas containers in the network for non-automotive LPG is more than 12,000L; (n) a product supplier of automotive LPG; (o) a tanker delivery carrier; (p) the operator of a site (a major consumer) if the gas devices at the site have a total gas capacity of 50GJ/hr or more and gas has been consumed at the site by a gas device; Current as at 1 September 2017 Page 97 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 135A] (q) the operator of a facility that produces or processes any of the following— (i) biogas; (ii) gas derived from a waste disposal tip; (iii) gas derived during the treatment of sewage; (r) the operator of a gas system used for special effects for entertainment or amusement purposes. Note— See also section 135A. (3) The amount of the fee must be calculated in the way provided for under schedule 9, part 8. (4) A liable person who is mentioned in more than 1 category of liable persons for a year must pay a safety and health fee for the year in relation to each category.

135A Who is not liable to pay a safety and health fee (1) Despite section 135, the following are not liable persons— (a) an operator mentioned in section 135(2)(q) if either of the following apply— (i) the operator has, on or before 9 November after the financial year for which the safety and health fee would otherwise be payable, received a positive advance finding for an activity at the facility that relates to the production or processing of biogas or gas carried out at the facility; (ii) for an operator mentioned in section 135(2)(q)(ii)—all the gas produced or processed is passively vented; (b) the operator of a coal mining-CSG operating plant. (2) In this section— Innovation Australia means the board established under the Industry Research and Development Act 1986 (Cwlth), section 6. Page 98 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 139] passively vented means vented to the atmosphere, without mechanical assistance, in reliance on natural pressure gradients. Example of passive venting— venting gas to the atmosphere, without mechanical assistance, through a bore hole positive advance finding, for an operator’s activities at a facility, means an advance finding, issued by Innovation Australia, confirming the activities are either of the following— (a) core R&D activities; (b) supporting R&D activities. Subdivision 3 Lodgement of safety and health fee return and payment of fee

139 Requirement to lodge safety and health fee return (1) A person mentioned in section 135 or 135A(1)(a) must lodge a return (a safety and health fee return) for each financial year by 31 July immediately after the end of the year. Maximum penalty—20 penalty units. (2) To remove any doubt, subsection (1) applies to the person even if the person is also mentioned in section 135A(1)(b). (3) However, the person may give a safety and health fee return after the period mentioned in subsection (1) if, before the period ends— (a) the person applies to the chief executive in writing to extend the period; and (b) the chief executive gives the person a written notice stating that the person may give the safety and health return before the end of a day stated in the notice for that purpose. Current as at 1 September 2017 Page 99 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 139A] (4) If the person is given written notice under subsection (3)(b), the person must give the chief executive the safety and health return before the end of the day stated in the notice for giving the return. Maximum penalty—20 penalty units.

139A Requirements for safety and health fee return (1) A safety and health fee return must be in the approved form and must state, for the financial year to which it relates— (a) for a person mentioned in section 135(2)(a)—the total distance (km) drilled in all prescribed wells, geothermal wells, GHG wells or UCG wells drilled by the person; and (b) for a person mentioned in section 135(2)(b)—the total number of wells for which completion or maintenance work was performed by the person; and (c) for a person mentioned in section 135(2)(c)—the number of authorities to prospect, and the area, in sub-blocks, of the authorities to prospect, held by the person; and (d) for a person mentioned in section 135(2)(d)—the number of geothermal exploration permits, and the area, in sub-blocks, of the geothermal exploration permits, held by the person; and (e) for a person mentioned in section 135(2)(e)—the number of GHG permits, and the area, in sub-blocks, of the GHG permits, held by the person; and (f) for a person mentioned in section 135(2)(f)—the number of prescribed wells within the area of the petroleum lease or 1923 Act lease that have produced petroleum; and (g) for a person mentioned in section 135(2)(g)— (i) which type of petroleum facility mentioned in section 135(2)(g) is operated by the person; and Page 100 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 139A] (ii) the amount of petroleum (m3) processed by the petroleum facility (the relevant petroleum facility); and (iii) the number of other petroleum facilities operated at the same site and under the same safety management system as the relevant petroleum facility; and (h) for a person mentioned in section 135(2)(h)—the number of GHG projects started; and (i) for a person mentioned in section 135(2)(i)—the length (km) and outside diameter (mm) of the pipeline; and (j) for a person mentioned in section 135(2)(j)—the length (km) and diameter (mm) of the part of the distribution pipeline that is not part of the distribution system; and (k) for a person mentioned in section 135(2)(k)—the length (km) and diameter (mm) of the GHG stream pipeline; and (l) for a person mentioned in section 135(2)(l)—the length (km) of the distribution system; (m) for a person mentioned in section 135(2)(m)—the maximum number of each of the following fuel gas containers in the LPG delivery network for non-automotive LPG— (i) fuel gas containers with a capacity less than 50L; (ii) fuel gas containers with a capacity 50L or more but less than 1kL; (iii) fuel gas containers with a capacity 1kL or more but less than 8kL; (iv) fuel gas containers with a capacity more than 8kL; and (n) for a person mentioned in section 135(2)(n)—the number of times the person supplied automotive LPG to an automotive LPG site; and Current as at 1 September 2017 Page 101 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 140] (o) for a person mentioned in section 135(2)(o)—the number of automotive LPG sites to which the person delivered automotive LPG; and (p) for a person mentioned in section 135(2)(p)—the maximum consumption rate (in GJ/hr) for which the gas device is designed; and (q) for a person mentioned in section 135(2)(q)—the number of sites, operated by the person, with facilities that produce or process— (i) for a person mentioned at section 135(2)(q)(i)— biogas; or (ii) for a person mentioned at section 135(2)(q)(ii)— gas derived from a waste disposal tip; or (iii) for a person mentioned at section 135(2)(q)(iii)— gas derived during the treatment of sewage; and (r) for a person mentioned in section 135(2)(r)— (i) the number of gas systems mentioned in that paragraph operated by the person; and (ii) the number of times the gas system was operated; and (iii) the amount of fuel gas used by the gas system. (2) The return must be lodged at the office of the chief executive. (3) The information that must be included in the return under subsection (1) is the required information.

140 Fee for late lodgement of safety and health fee return (1) This section applies if— (a) a liable person does not lodge a safety and health fee return under section 139; or (b) a purported safety and health fee return lodged by a liable person does not contain all of the required information. Page 102 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 141] (2) The obligation under section 139 to lodge a safety and health fee return continues to apply until the section is complied with. (3) When the return is lodged it must be accompanied by the late fee mentioned in schedule 9, part 8, section 16(2). (4) The late fee applies and is payable as well as any penalty imposed under section 139(1).

141 Requirement for invoice to be given (1) The chief executive must give a liable person an invoice for the amount of the safety and health fee payable by the person for a financial year on or before the invoice date for the year. (2) However, if the person has not lodged a safety and health fee return for the year by the invoice date for the year, the chief executive must give the person the invoice within 30 days after the day the person lodges the return. (3) Also, if the liable person does not pay the fee on or before the payment date, the chief executive must, within 10 days after the payment date, give the liable person an invoice for the late fee mentioned in schedule 9, part 8, section 16(1). (4) The chief executive’s failure to give an invoice within a period stated in subsections (1) to (3) does not affect the validity of an invoice given under this section. (5) In this section— invoice date, for a financial year, means 10 November after the end of the year.

142 Invoice may be reissued if incorrect (1) This section applies if the chief executive— (a) has given a liable person an invoice under section 141(1) or (2); and Current as at 1 September 2017 Page 103 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 142AA] (b) after giving the invoice, is of the opinion, based on information available to the chief executive, that the safety and health fee stated in the invoice is incorrect. (2) The chief executive may give the liable person an invoice (a reissued invoice) for the correct amount of the safety and health fee within 30 days after receiving the information.

142AA Date for payment (1) The safety and health fee for a financial year must be paid by a liable person on or before the payment date. (2) However, if the amount of the safety and health fee for the year stated in a reissued invoice for the person (the reissued amount) is— (a) higher than the amount for the fee already paid by the person, the person must, on or before the payment date, pay the balance amount; or (b) lower than the amount for the fee already paid by the person, the chief executive must, on or before the refund date, refund the balance amount. (3) For subsection (1), if the person does not pay the fee on or before the payment date, when the fee is paid it must be accompanied by the late fee mentioned in schedule 9, part 8, section 16(1). (4) In this section— balance amount— (a) for subsection (2)(a)—means the part of the reissued amount that remains after subtracting the amount of the fee already paid; and (b) for subsection (2)(b)—means the part of the fee already paid that remains after subtracting the reissued amount. refund date means the day that is 30 days after the day the reissued invoice is given. Page 104 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 142A]

142A Interest payable on unpaid fees (1) This section applies if a liable person does not pay an amount of a safety and health fee payable under this division. (2) The liable person must pay interest on the unpaid amount at the rate of 15% a year. (3) The interest must be calculated as simple interest. (4) The interest payable on the unpaid amount may be recovered by the chief executive as a debt.

143 Notice may be given to liable person if return not lodged or is inadequate (1) This section applies if the chief executive is of the opinion, based on information available to the chief executive, that a liable person— (a) has failed to lodge a safety and health fee return as required under sections 139 and 139A; or (b) has lodged a safety and health fee return that does not contain all of the required information; or (c) has lodged a safety and health fee return containing required information that is incorrect. (2) The chief executive may give the person a notice— (a) stating each of the following— (i) the ground mentioned in subsection (1)(a), (b) or (c) on which the chief executive reasonably believes this section applies in relation to the person; (ii) the required information the chief executive reasonably believes is correct; (iii) the amount of the safety and health fee the chief executive reasonably believes is payable by the person; Current as at 1 September 2017 Page 105 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 144] (iv) the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii); and (b) inviting the person to lodge, at the office of the chief executive and within a stated reasonable period, submissions as to why the person should not be invoiced for the amount mentioned in paragraph (a)(iii). (3) The chief executive must consider any submissions lodged within the stated period by the person. (4) If, after complying with subsection (3), the chief executive is satisfied a safety and health fee is payable by the person, the chief executive may give the person an invoice for the fee. (5) Subsection (4) applies even if the person has already been given an invoice for, or paid, a different amount for the fee. Subdivision 4 Overpayment of safety and health fee

144 Refund of overpayment of safety and health fee (1) If a safety and health fee is overpaid by a liable person, the chief executive may refund the amount of the overpayment to the person. (2) No interest is payable on the amount refunded. Division 4 Petroleum royalty Subdivision 1 Prescribed matters for petroleum royalty

146A Royalty return period For the Act, schedule 2, definition royalty return period, the period prescribed is a quarterly period. Page 106 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 147]

147 When and how petroleum royalty payable—royalty return period (1) Petroleum royalty payable by a petroleum producer is payable, as provided under this section, for the following royalty return period— (a) for petroleum produced under a petroleum tenure or a

1923 Act petroleum tenure—the royalty return period in which the petroleum is disposed of; Note— See also section 74N (Petroleum royalty and annual rent) of the

1923 Act. Example— If petroleum is produced under a petroleum lease on 30 September and disposed of between 23 and 31 October, the petroleum royalty for the petroleum is payable for the royalty return period in which 23 to 31 October falls. (b) otherwise—the royalty return period in which the petroleum is produced. (2) A petroleum producer disposes of petroleum if the producer— (a) sells or otherwise transfers ownership of the petroleum to another person; or (b) flares or vents the petroleum; or (c) uses the petroleum. (3) Subject to subsection (5), the petroleum royalty payable by a petroleum producer for a royalty return period is payable as follows— (a) instalment 1 is payable on or before the last business day of the second month of the royalty return period; (b) instalment 2 is payable on or before the last business day of the third month of the royalty return period; (c) instalment 3 is payable on the day a royalty return must be lodged for the royalty return period. (4) A person must lodge an approved form for a payment under subsection (3) when the payment is made. Current as at 1 September 2017 Page 107 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 147] (5) If the Minister considers it appropriate to do so, the Minister may, by notice (a payment notice), allow a petroleum producer to pay the petroleum royalty payable by the producer for a royalty return period on the day a royalty return must be lodged for the royalty return period. (6) A payment notice given to a petroleum producer must state the period for which the notice applies. (7) If the Minister considers it appropriate to do so, the Minister may, by notice, withdraw a payment notice. (8) A withdrawal under subsection (7) takes effect from the start of the next royalty return period after the royalty return period in which the notice of the withdrawal is given ends. (9) In this section— instalment 1, for a royalty return period, means— (a) the amount payable by the producer for the first month of the royalty return period worked out under section 147A(2); or (b) if an election under section 147B(3) applies for the first month of the royalty return period—the amount payable by the producer for the first month of the royalty return period worked out under section 147B(5). instalment 2, for a royalty return period, means— (a) the amount payable by the producer for the second month of the royalty return period worked out under section 147A(3); or (b) if an election under section 147B(3) applies for the second month of the royalty return period—the amount payable by the producer for the second month of the royalty return period worked out under section 147B(6). instalment 3, for a royalty return period, means— (a) if the sum of instalment 1 and instalment 2 for the royalty return period is less than the petroleum royalty payable by the petroleum producer for the royalty return period—the amount that is the total amount of the Page 108 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 147A] petroleum royalty payable by the petroleum producer for the royalty return period less that sum; or (b) otherwise—zero. Note— Section 600 of the Act provides for a refund if the amount of petroleum royalty paid by a petroleum producer for a royalty return period is more than the amount of petroleum royalty payable by the producer for the royalty return period.

147A Working out monthly payments for petroleum royalty generally (1) This section prescribes, for section 147(3), the amounts payable by a petroleum producer for each month of a royalty return period. Note— Section 147B allows a petroleum producer to make an election to change the amount payable for the first or second month of a royalty return period if the producer reasonably believes the petroleum royalty payable by the producer for the royalty return period will be less than the petroleum royalty payable by the producer for the previous royalty return period. (2) The amount payable by the petroleum producer for the first month of the royalty return period is an amount that is a third of the total amount of the petroleum royalty payable by the producer for the previous royalty return period. (3) The amount payable by the petroleum producer for the second month of the royalty return period is an amount that is a third of the total amount of the petroleum royalty payable by the producer for the previous royalty return period. (4) For subsections (2) and (3), the petroleum royalty payable by the petroleum producer for the previous royalty return period is the petroleum royalty payable by the producer for the previous royalty return period disregarding any assessment under section 599B of the Act, and any reassessment under section 599C of the Act, for the royalty. Current as at 1 September 2017 Page 109 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 147B] (5) If the petroleum producer has not lodged a royalty return for the previous royalty return period as required under the Act— (a) the Minister— (i) may estimate the amount of petroleum royalty payable by the producer for the previous royalty return period for working out the amounts payable under subsections (2) and (3); and (ii) must give the producer a notice stating the estimated amount; and (b) for subsections (2) and (3), the petroleum royalty payable by the producer for the previous royalty return is the estimated amount. (6) In estimating an amount for subsection (5), the Minister may have regard to— (a) any other royalty returns lodged by the petroleum producer; and (b) the size of the operation for which the petroleum royalty is payable; and (c) any other relevant matter.

147B Election to change monthly payments (1) This section applies if— (a) at the relevant time, a petroleum producer reasonably believes the amount of petroleum royalty payable by the producer for a royalty return period (the current royalty return period) will be less than the petroleum royalty payable by the producer for the previous royalty return period; and (b) the Minister has not given the producer a notice stating that the amounts payable by the producer for the royalty return period must be worked out under section 147A. (2) For subsection (1), the petroleum royalty payable by the petroleum producer for the previous royalty return period is Page 110 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 147B] the amount that, under section 147A(4) or (5)(b), is the petroleum royalty payable by the producer for the previous royalty return period for section 147A(2) and (3). (3) The petroleum producer may elect to change the amount payable for the first month or the second month of the current royalty return period. (4) The election must— (a) be lodged in the approved form; and (b) state the amount of petroleum royalty the petroleum producer reasonably believes will be payable by the producer for the current royalty return period; and (c) be lodged on or before the following day unless the Minister has, by giving notice to the producer, approved another day for making the election— (i) for an election for the first month of the current royalty return period—the last business day of the second month of the royalty return period; (ii) for an election for the second month of the current royalty return period—the last business day of the third month of the royalty return period. (5) Subject to subsection (7), if the petroleum producer makes an election under subsection (3) for the first month of the current royalty return period, the amount payable for that month is a third of the amount mentioned in subsection (4)(b) for the election. (6) Subject to subsection (7), if the petroleum producer makes an election under subsection (3) for the second month of the current royalty return period, the amount payable for that month is a third of the amount mentioned in subsection (4)(b) for the election. (7) The amount payable, as changed under subsection (3) for the first month or the second month of a royalty return period, may be more than the amount payable under subsection (5) or (6). Current as at 1 September 2017 Page 111 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 147BA] (8) The Minister may give a notice mentioned in subsection (1)(b) if— (a) the petroleum producer has made an election under this section for a month in a royalty return period; and (b) the Minister considers that the producer did not have a reasonable basis for forming the belief mentioned in subsection (1)(a) for the election. (9) In this section— relevant time, for an election for the first month or the second month of a royalty return period, means when the amount payable for the month becomes payable under section 147.

147BA When petroleum royalty payable—annual royalty return (1) This section applies if the amount of petroleum royalty payable by a petroleum producer for an annual return period under the Act, section 599 is more than the amount of petroleum royalty payable by the producer for all the royalty return periods occurring during the annual return period (the royalty difference). (2) The petroleum producer must pay the royalty difference when the annual royalty return for the annual return period is required to be lodged.

147C Rate of petroleum royalty payable Petroleum royalty payable by a petroleum producer is payable at the rate of 10% of the wellhead value of the petroleum disposed of or, if section 147(1)(b) applies, produced by the petroleum producer during a royalty return period.

148 Working out wellhead value of petroleum (1) The wellhead value of petroleum disposed of or, if section 147(1)(b) applies, produced by a petroleum producer in a royalty return period is— Page 112 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148] (a) the amount that the petroleum could reasonably be expected to realise if it were sold on a commercial basis; less (b) the sum of the following— (i) the expenses for the royalty return period mentioned in subsection (2); (ii) any negative wellhead value deducted under subsection (4). (2) For subsection (1)(b)(i), the expenses are each of the following— (a) a pipeline tariff or other charge paid or payable by the petroleum producer to a third party for transporting the petroleum through a pipeline to the point of its disposal, if the Minister reasonably believes the amount of the tariff is reasonable on a commercial basis; (b) a processing plant toll or other charge paid or payable by the petroleum producer to a third party for processing the petroleum before it is disposed of, if the toll is calculated— (i) on a commercial basis; or (ii) if the Minister reasonably believes that use of the plant by other petroleum producers or for other purposes makes another basis for charging the most practicable basis—on the other basis; (c) depreciation of capital expenditure by the petroleum producer on a petroleum facility or pipeline used for processing the petroleum or transporting it from the wellhead of the well in which it was produced to the point of its disposal, allocated over— (i) 10 years; or (ii) a shorter period decided by the Minister, if the Minister reasonably believes the shorter period is reasonable having regard to the expected potential for production of the natural underground reservoir from which the petroleum is produced; Current as at 1 September 2017 Page 113 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148] (d) an operating cost incurred, or to be incurred, by the petroleum producer that directly relates to— (i) treating, processing or refining the petroleum before it is disposed of; or (ii) transporting the petroleum to the point of its disposal; (e) another expense incurred, or to be incurred, by the petroleum producer in relation to the operation of the site at which the petroleum was produced that is approved by the Minister for the purpose of this subsection. (3) However, the following expenses are not included under subsection (2)— (a) an expense incurred by the petroleum producer in producing the petroleum, including, for example, lifting costs; (b) office overhead costs for an office that is not located— (i) for petroleum produced under a petroleum tenure or 1923 Act petroleum tenure—within the area of the tenure; or (ii) otherwise—at the site at which the petroleum is produced; (c) marketing costs in relation to the sale of the petroleum; (d) Commonwealth excise levies; (e) a civil penalty or royalty penalty amount, or interest on an amount, payable by the producer under the Act. Example— In a royalty return period, a petroleum producer sells 20 units of gas and uses 2 units of gas to generate electricity. Half of the electricity generated is used in recovering gas to ground level and the remainder is used to operate other plant at the field. The cost of the electricity used to recover the gas to ground level would not be included under subsection (2). Page 114 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148A] Note— For paragraph (e), see, for example, sections 76, 588 and 602 of the Act. (4) If a petroleum producer’s expenses mentioned in subsection (2) for a royalty return period are more than the amount mentioned in subsection (1)(a) for the royalty return period— (a) the amount of the excess is a negative wellhead value for the royalty return period; and (b) the negative wellhead value may be deducted under subsection (1)(b)(ii) in a later royalty return period in the same annual return period. (5) To remove doubt, it is declared that a petroleum producer is not entitled to receive any payment in relation to a negative wellhead value. Subdivision 2 Working out components of wellhead value of petroleum in particular circumstances

148A Definitions for subdivision In this subdivision— component, of the wellhead value of petroleum disposed of or produced by a petroleum producer in a royalty return period, means— (a) an element used to work out the amount under section 148(1)(a) that the petroleum could reasonably be expected to realise; or (b) an expense, or an amount contributing to an expense, under section 148(2)(a), (b), (d) or (e). earlier return period, in relation to a petroleum royalty decision for petroleum, means a royalty return period or annual return period for the petroleum that occurs wholly or partly before the Minister— Current as at 1 September 2017 Page 115 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148B] (a) makes the decision; or (b) amends the decision under section 148H or 148K. petroleum royalty decision see section 148E(3). relevant entity, for a petroleum producer, means— (a) for a petroleum producer that is a corporation— (i) an associated entity of the corporation within the meaning of the Corporations Act, section 50AAA; or (ii) a related entity of the corporation within the meaning of the Corporations Act, section 9, definition related entity; or (iii) a related party of the corporation within the meaning of the Corporations Act, section 228; or (b) for a petroleum producer who is an individual—a related person of the individual within the meaning of the Duties Act 2001, section 61, other than section 61(1)(d) of that Act. stated factor see section 148E(7).

148B Application by petroleum producer for petroleum royalty decision (1) A petroleum producer may apply to the Minister for a petroleum royalty decision for petroleum that has been or will be— (a) disposed of by the producer; or (b) if section 147(1)(b) applies to the petroleum—produced by the producer. (2) The application must— (a) be in writing; and (b) be lodged at the office of the chief executive; and (c) state why the petroleum producer is seeking the petroleum royalty decision; and Page 116 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148C] (d) state a proposed value of, or proposed method or formula for working out, 1 or more components of the wellhead value of the petroleum for 1 or more of the following— (i) a particular transaction; (ii) a particular class of transaction; (iii) some or all transactions in a particular period; and Examples of a method or formula for working out a component of the wellhead value of petroleum— • a fixed value with adjustments in particular circumstances • a formula for deciding the market value (e) state the proposed period for which the petroleum royalty decision is to apply. (3) Without limiting subsection (2)(e), the application may relate to 1 or more royalty return periods, regardless of whether any of the royalty return periods start or end before the application is made.

148C Petroleum royalty decision on Minister’s own initiative (1) The Minister may, on the Minister’s own initiative, make a petroleum royalty decision under section 148E for petroleum if, for a period— (a) the petroleum is or will be produced other than under a petroleum tenure or a 1923 Act petroleum tenure; or (b) the petroleum is or will be disposed of to a relevant entity for the petroleum producer for the petroleum; or (c) the petroleum is or will be disposed of to, or used by, a person and the producer receives a non-financial benefit from the disposal or use of the petroleum (whether or not the producer also receives or will receive a financial benefit from the disposal or use of the petroleum); or (d) an expense mentioned in section 148(1)(b)(i) has been or will be paid or become payable to a relevant entity for the producer; or Current as at 1 September 2017 Page 117 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148C] (e) the petroleum has been or will be disposed of by being flared, vented or used; or (f) the Minister reasonably believes— (i) the amount mentioned in section 148(1)(a) that the producer determines or may determine as the amount the petroleum could reasonably be expected to realise is less than the market value of the petroleum; or (ii) the expenses mentioned in section 148(1)(b)(i) paid or incurred, or that may be payable or incurred, are more than the amount that would reasonably be paid or incurred by the producer for the period. (2) Subsection (1)(f) applies whether or not any of the following has happened— (a) a transaction relating to the petroleum; (b) the incurring or payment of an expense mentioned in section 148(1)(b)(i) relating to the petroleum; (c) the lodgement of a royalty return, or an annual royalty return, for the period. (3) If the Minister proposes to make a petroleum royalty decision for petroleum on the Minister’s own initiative, the Minister must— (a) give a notice to the petroleum producer for the petroleum that the Minister proposes to make the decision; and (b) invite the producer to make submissions about the proposed decision within— (i) 30 days after the day the Minister gives the producer the notice; or (ii) if the Minister approves a longer period—the longer period. Page 118 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148D]

148D Considerations in making petroleum royalty decisions In making a petroleum royalty decision for petroleum (the relevant petroleum), the Minister— (a) must consider— (i) if the petroleum producer for the relevant petroleum applied for the decision under section 148B—the matters stated in the petroleum producer’s application; and (ii) any submissions about the proposed decision made by the petroleum producer within the period mentioned in section 148C(3)(b) for the submissions; and (b) may consider any document or information the Minister reasonably considers relevant for making the decision; and (c) may also consider any of the following matters— (i) the amount for which petroleum of a similar kind to the relevant petroleum has been disposed of in an arms-length transaction to a person other than a relevant entity for the petroleum producer; (ii) the amount for which a product made using the relevant petroleum, or petroleum of a similar kind, has been disposed of; (iii) how the value of the relevant petroleum can be adjusted to reflect changes to the market value of the petroleum; (iv) the expenses incurred or likely to be incurred by the petroleum producer when disposing of the relevant petroleum in an arms-length transaction to a person other than a relevant entity for the petroleum producer; (v) the nature of the relationship between the petroleum producer and the entity to which the petroleum has been or will be disposed of, or that has used or will use the petroleum; Current as at 1 September 2017 Page 119 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148E] (vi) the period for which the petroleum royalty decision, or aspects of the decision, will apply; (vii) the need for any future adjustment of the petroleum royalty decision or aspects of the decision; (viii) any other relevant matter.

148E Petroleum royalty decision (1) This section applies if the Minister— (a) receives an application by a petroleum producer under section 148B for a petroleum royalty decision for 1 or more components of the wellhead value of petroleum; or (b) proposes under section 148C to make a petroleum royalty decision for 1 or more components of the wellhead value of petroleum on the Minister’s own initiative. (2) The Minister must decide— (a) the value of 1 or more components of the wellhead value of the petroleum; or (b) the method or formula for working out the value of 1 or more components of the wellhead value of the petroleum. (3) The Minister’s decision under this section is a petroleum royalty decision. (4) Without limiting the scope of the petroleum royalty decision, the petroleum royalty decision may— (a) state a value, method or formula for— (i) deciding the market value of the petroleum; or (ii) working out particular tolls or tariffs relating to the petroleum paid or payable by the petroleum producer for the petroleum; or (iii) adjusting the market value of the petroleum or the tolls or tariffs in particular circumstances; or Page 120 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148E] (iv) working out any other component of the wellhead value of the petroleum; and (b) apply for a particular period, including, for example, an earlier return period starting or ending before the decision is made; and (c) provide for different values for 1 or more components of the wellhead value of the petroleum for particular periods, transactions or classes of transactions; and (d) provide for different methods or formulas for working out the value of 1 or more components of the wellhead value of the petroleum for particular periods, transactions or classes of transactions. (5) If the petroleum producer applied for the petroleum royalty decision— (a) the Minister may decide the value of, or method or formula for, a component under subsection (2) or (4), even if the component is not stated in the producer’s application; and (b) to remove any doubt, it is declared that the Minister may decide the value of a component, the method or formula for working out the value of a component, or the period, transaction or class of transaction for which the decision applies (each a relevant matter), even if— (i) the relevant matter is not stated in the producer’s application; or (ii) the way in which the relevant matter is stated in the producer’s application is different from the way the relevant matter is stated in the decision. (6) After making the petroleum royalty decision, the Minister must give the petroleum producer for the petroleum a notice stating— (a) the reasons for the decision; and (b) for each component of the wellhead value of the petroleum— Current as at 1 September 2017 Page 121 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148F] (i) the value of the component; or (ii) the method or formula for working out the value of the component; and (c) if the decision applies for a period—the period; and (d) if the decision applies for a particular transaction or class of transaction—the transaction or class; and (e) if the decision applies for an earlier return period— whether, subject to section 148M, the Minister will assess or reassess the amount of royalty payable for the earlier return period; and Note— See also sections 599B and 599C of the Act. (f) the producer may apply, under section 148J, to the Minister to review the decision. (7) The Minister may also state in the notice a fact or circumstance the Minister considers would have a direct or indirect impact on the decision if the fact or circumstance were to change (a stated factor). Example of a stated factor— Under a petroleum royalty decision, the value of petroleum disposed of by a producer to a relevant entity for the producer is determined having regard to the amount for which petroleum of a similar kind is disposed of by the producer under a contract with a person who is not a relevant entity. The Minister may state in the decision that the termination of the contract would impact on the decision, so the continuation of the contract is a stated factor for the decision.

148F Using expired petroleum royalty decision to work out wellhead value of petroleum in particular circumstances and Minister’s obligation to reassess (1) This section applies if— (a) a petroleum royalty decision for petroleum (the original decision) states that the decision applies for a particular period; and (b) before the period ends (the expiry)— Page 122 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148F] (i) the petroleum producer for the petroleum lodges an application under section 148B for another petroleum royalty decision (the new decision) to take effect on the expiry of the original decision; or (ii) the Minister, under section 148C(3), gives a notice to the producer stating that the Minister proposes to make another petroleum royalty decision (also the new decision) to take effect on the expiry of the original decision; and (c) the Minister has not made the new decision before the expiry. (2) For petroleum produced or disposed of by the producer during the period starting immediately after the expiry until a notice for the new decision is given to the producer under section 148E(6)— (a) the producer, in complying with the producer’s obligations under the Act, must work out the wellhead value for the petroleum as if the original decision continues to apply to the petroleum; and (b) the Minister must make any assessment of the amount of the petroleum royalty payable for the petroleum as if the original decision continues to apply to the petroleum. (3) Subsection (4) applies if the Minister— (a) makes a new decision for petroleum produced or disposed of by the producer during the period mentioned in subsection (2); and (b) has made an assessment of the amount of petroleum royalty payable under an original decision for a royalty return period or annual return period for the petroleum; and (c) is reasonably satisfied the amount of petroleum royalty payable for the petroleum under the original decision is incorrect. (4) The Minister must under section 599C of the Act reassess the amount of petroleum royalty payable for the petroleum. Current as at 1 September 2017 Page 123 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148G] Note— On making a reassessment, see section 600 of the Act for the Minister’s obligation to refund any excess amount. (5) Subsection (6) applies if, on a reassessment under subsection (4), the producer is liable for a royalty penalty amount, unpaid royalty interest or a civil penalty (each a relevant royalty-related amount). (6) The Minister must remit the relevant royalty-related amount to the extent the amount is payable solely because of the operation of subsection (2). Subdivision 2A Amendment and review of petroleum royalty decisions

148G Petroleum producer to advise Minister of particular matters affecting petroleum royalty decision (1) This section applies if— (a) a petroleum royalty decision is incorrect when the decision is made; or Examples of when a petroleum royalty decision may be incorrect when the decision is made— • information relied on by the Minister in making the decision is false or misleading • the decision contains a typographical error (b) a petroleum royalty decision is incapable of being applied by the petroleum producer for working out the wellhead value of the petroleum to which the decision applies; or Example for paragraph (b)— A part of the decision relies on the completion of an activity by the producer before a stated day, but the producer fails to complete the activity by that day. (c) a stated factor for a petroleum royalty decision has changed. Page 124 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148H] Example for paragraph (c)— A stated factor for a petroleum royalty decision is the existence of a contract for the disposal of petroleum with an entity other than a relevant entity. The termination of the contract is a change to the stated factor. (2) Within 60 days after becoming aware the decision is incorrect or incapable of being applied, or within 60 days after the stated factor has changed, the producer for the petroleum to which the decision applies must— (a) advise the Minister of the matter in writing; and (b) give the Minister— (i) if the decision is incorrect—any documents or information about why the decision is incorrect; or (ii) if the decision is incapable of being applied—any documents or information about why it is incapable of being applied; or (iii) if a stated factor has changed—any documents or information relevant to the change. Maximum penalty—20 penalty units.

148H Minister may amend petroleum royalty decision in particular circumstances (1) The Minister may amend a petroleum royalty decision (an earlier decision) for petroleum if the Minister is reasonably satisfied of any of the following matters— (a) the earlier decision was incorrect when it was made; (b) the earlier decision is incapable of being applied by the petroleum producer for the petroleum for working out the wellhead value of the petroleum; (c) a stated factor for the earlier decision has changed; (d) any other fact or circumstance fundamental to the earlier decision has changed. Current as at 1 September 2017 Page 125 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148H] (2) If the Minister proposes to amend the earlier decision in a way that increases the wellhead value of the petroleum, the Minister must— (a) give notice to the producer that the Minister proposes to make the amendment; and (b) invite the producer to make submissions about the proposal within— (i) 30 days after the day the Minister gives the producer the notice; or (ii) if the Minister approves a longer period—the longer period. (3) In deciding whether to amend the earlier decision, the Minister— (a) may consider the matters mentioned in section 148D(b) or (c) as if they related to making the amendment; and (b) if a submission is made by the petroleum producer within the period mentioned in subsection (2)(b) for the submission—must consider the submission. (4) To remove any doubt, it is declared that if the Minister is satisfied of a matter under subsection (1) for a particular component of the wellhead value to which the earlier decision applies, the amendment may relate wholly or partly to another component of the wellhead value of the petroleum. (5) The amendment must, for a royalty return period or an annual return period for which the earlier decision applies, be made within 5 years after the day the petroleum royalty for the petroleum to which the earlier decision applies became payable by the producer for the period. (6) Despite subsection (5), the Minister may amend an earlier decision at any time in a way that increases the wellhead value of the petroleum if the Minister reasonably believes that before the earlier decision was made, the petroleum producer, or a person acting on behalf of the producer— Page 126 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148I] (a) knowingly misled the Minister, or knowingly caused the Minister to be misled, about a matter relevant for deciding the earlier decision; or (b) deliberately failed to give the Minister documents or information relevant for deciding the earlier decision. (7) The Minister can not be compelled to amend an earlier decision in a way that decreases the wellhead value of the petroleum if, for a royalty return period or an annual return period, petroleum royalty was payable for that period.

148I Notice of amendment After amending an earlier decision under section 148H, the Minister must give the petroleum producer for the petroleum to which the earlier decision, as amended, applies a notice stating— (a) the earlier decision has been amended; and (b) how the earlier decision has been amended; and (c) the reasons for the amendment; and (d) if the amendment applies for an earlier return period— that the Minister will reassess the amount of royalty payable by the producer for the earlier return period; and Note— See section 599C of the Act and section 148M. (e) that the producer may apply, under section 148J, to the Minister to review the amendment.

148J Application for review of petroleum royalty decision or amendment of petroleum royalty decision (1) The petroleum producer for petroleum may apply to the Minister to review— (a) a petroleum royalty decision for the petroleum; or Current as at 1 September 2017 Page 127 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148K] (b) an amendment, made under section 148H, of a petroleum royalty decision for the petroleum. (2) The application must— (a) be in writing; and (b) state the reasons for requesting the review; and (c) be lodged at the office of the chief executive. (3) If the application seeks a review of a petroleum royalty decision, the petroleum producer must lodge it within— (a) 60 days after the day the Minister gives the producer the notice mentioned in section 148E(6); or (b) if the Minister approves a longer period for lodging the application—the longer period. (4) If the application seeks a review of an amendment, made under section 148H, of a petroleum royalty decision, the petroleum producer must lodge it within— (a) 60 days after the day the Minister gives the producer the notice mentioned in section 148I; or (b) if the Minister approves a longer period for lodging the application—the longer period.

148K Review decision (1) If the petroleum producer makes an application (the review application) under section 148J, the Minister must decide the application by affirming or amending the decision or amendment (the original decision). (2) If the original decision was made by a delegate of the Minister, the delegate must not decide the review application. (3) In deciding the review application, the Minister may consider any matter mentioned in section 148D(b) or (c) as if that matter related to the review. Page 128 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 148L]

148L Notice of review decision (1) After deciding a review application under section 148K, the Minister must give the applicant a notice stating— (a) that the Minister has affirmed or amended the original decision; and (b) if the original decision has been amended—how the decision has been amended; and (c) the reasons for the Minister’s decision to affirm or amend the original decision; and (d) if the original decision has been amended and the amended decision applies for an earlier return period— the Minister will reassess the amount of royalty payable for the earlier return period. Note— See section 599C of the Act and section 148M. (2) In this section— original decision see section 148K(1).

148M Minister must reassess amount of particular petroleum royalty payable (1) This section applies if— (a) a petroleum royalty decision (the unamended decision), or an amendment under section 148H or 148K of a petroleum royalty decision, applies for petroleum for an earlier return period; and (b) the Minister has made an assessment of the amount of petroleum royalty payable for the petroleum by the petroleum producer for the period without having regard to the unamended decision or the amendment. Note— If an assessment of the petroleum royalty payable for the petroleum has not been made for the earlier return period, the Minister must make an assessment of the royalty payable for the period, having regard to the unamended decision or amendment, under section 599B of the Act. Current as at 1 September 2017 Page 129 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 149] (2) The Minister must reassess, under section 599C of the Act, the amount of petroleum royalty payable for the petroleum by the producer for each earlier return period to which the unamended decision or the amendment applies. (3) Subsection (4) applies if the reassessment period, as defined in section 599C(4) of the Act, has expired in relation to an earlier return period mentioned in subsection (2). (4) For the purposes of section 599C(5)(b) of the Act, a reassessment required under subsection (2) decreasing the amount of petroleum royalty payable for the petroleum by the producer for the earlier return period must be made after the reassessment period unless— (a) the petroleum royalty decision was made on the Minister’s own initiative under section 148C; or (b) all of the following apply— (i) the reassessment was made because the Minister made the amendment, under section 148H(1), after being reasonably satisfied, for the amendment, of a matter mentioned in the section; (ii) the Minister considers section 148G applies in relation to that matter; (iii) the holder failed to comply with the requirement to advise the Minister under section 148G(2) in relation to that matter before the amendment. Subdivision 3 Royalty return

149 Information to be contained in royalty return (1) For section 594(1) of the Act, the information that must be contained in a royalty return is each of the following— (a) the wellhead value of the petroleum disposed of or, if section 147(1)(b) applies, produced by the petroleum producer during the royalty return period; Page 130 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 149A] (b) a breakdown of the expenses deducted under section 148(1)(b)(i) for working out the wellhead value mentioned in paragraph (a); (c) the amount of any negative wellhead value deducted under section 148(1)(b)(ii) for working out the wellhead value mentioned in paragraph (a); (d) for each relevant petroleum product disposed of by the producer during the royalty return period— (i) the volume of the product disposed of; and (ii) the amount of any revenue earned by the producer in relation to the product. (2) The information must be provided using the approved form. (3) In this section— relevant petroleum product means— (a) a petroleum product; and (b) any other petroleum, or substance derived from petroleum, disposed of by the petroleum producer. Subdivision 4 Royalty estimate

149A Application of sdiv 4 This subdivision prescribes for section 599A(2) of the Act the requirements for royalty estimates.

149B What notice must contain (1) The notice given by the Minister to a petroleum producer under section 599A(1) of the Act (a royalty estimate notice) must include the following— (a) the period (the estimate period) for which the petroleum producer is to estimate the royalties payable by the petroleum producer under section 590 of the Act; Current as at 1 September 2017 Page 131 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 149B] (b) the day by which the petroleum producer must provide the royalty estimate; (c) the form in which the petroleum producer must provide the royalty estimate; (d) a description of the information the petroleum producer must provide in the royalty estimate. (2) For subsection (1)(d), the information the Minister may ask a petroleum producer to provide in the royalty estimate includes the following— (a) an estimate of the royalties payable by the petroleum producer under section 590 of the Act for the estimate period; (b) identification of each relevant petroleum product the petroleum producer expects to dispose of in the estimate period; (c) for each relevant petroleum product identified for paragraph (b), an estimate of the following for the estimate period— (i) the volume of the petroleum product the petroleum producer expects to dispose of; (ii) the amount of any revenue the petroleum producer expects to earn in relation to the petroleum product; (iii) the amount of allowable deductions the petroleum producer expects to incur in relation to the petroleum product; (iv) the wellhead value of the petroleum product; (d) the exchange rate the petroleum producer has assumed for working out the estimate of royalties mentioned in paragraph (a). (3) Subsection (2) does not limit the information the Minister may ask to be included in the royalty estimate. (4) In this section— Page 132 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 149C] relevant petroleum product means— (a) a petroleum product; or (b) any other petroleum, or substance derived from petroleum, disposed of by the petroleum producer.

149C Form of and information to be included in royalty estimate The royalty estimate must— (a) be in the form stated in the royalty estimate notice; and (b) include the information asked for in the royalty estimate notice.

149D Minister may request information to support royalty estimate (1) The Minister may, by notice to a petroleum producer who has lodged a royalty estimate, ask the petroleum producer to give the Minister, by the day stated in the notice, information to support the matters stated in the royalty estimate. (2) The Minister may, by notice to a petroleum producer who must provide a royalty estimate under section 599A(2) of the Act, ask the petroleum producer to give the Minister, by the day stated in the notice, additional information about the matters that must be included in the royalty estimate. (3) If the Minister asks a petroleum producer for information under subsection (1) or (2), the petroleum producer must provide the information by the day stated in the notice. Subdivision 4A Civil penalty

149E Imposition of civil penalty—Act, s 604A (1) This section applies if a petroleum producer makes a section 147B election and either— Current as at 1 September 2017 Page 133 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 149E] (a) the petroleum royalty payable for the current royalty return period exceeds the petroleum royalty payable for the previous royalty return period by an amount that is more than 15% of the petroleum royalty payable for the previous royalty return period; or (b) both of the following apply— (i) the petroleum royalty payable for the current royalty return period is less than the petroleum royalty payable for the previous royalty return period; (ii) the total of the petroleum royalty payable for the first month and the second month of the current royalty return period is less than 50% of the total petroleum royalty payable for the current royalty return period. (2) The producer is liable to the State for an amount (civil penalty) equal to 25% of the default estimate difference, if any, for each month of the current royalty return period for which the producer makes the section 147B election. (3) For subsection (2), the default estimate difference for a month of the current royalty return period is the difference between— (a) the amount that would have been payable for the month under section 147A if the producer had not made the section 147B election; and (b) the amount payable for the month under the section 147B election. (4) However, if the amount mentioned in subsection (3)(a) is less than the amount mentioned in subsection (3)(b), the default estimate difference for the month is taken to be 0. (5) Subsection (6) applies if, for the petroleum royalty payable for the current royalty return period— (a) an assessment is made under the Act, section 599B; or (b) a reassessment is made under the Act, section 599C. Page 134 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 149F] (6) For subsection (1), the petroleum royalty payable for the current royalty return period is the amount of petroleum royalty payable taking into account the assessment or reassessment. (7) For subsection (1), a reference to the petroleum royalty payable for the previous royalty return period is a reference to the amount worked out under section 147B(2). (8) The Minister may remit the whole or part of the civil penalty. (9) In this section— current royalty return period see section 147B(1)(a). section 147B election means an election under section 147B(3) to change the amount payable for the first month or the second month, or both, of the current royalty return period.

149F Notice of civil penalty (1) If a petroleum producer is liable to pay a civil penalty under section 149E, the Minister must give the producer a written notice stating— (a) the amount of the civil penalty that is payable; and (b) that the producer must pay the civil penalty on or before the day stated in the notice. (2) For subsection (1)(b), the day must be at least 28 days after the day the notice is given to the producer.

149G Civil penalty not payable if proceeding for offence started (1) This section applies if— (a) a petroleum producer is liable to pay a civil penalty under section 149E because of an act or omission of the producer; and (b) the act or omission constitutes an offence under the Act. Current as at 1 September 2017 Page 135 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 6 Miscellaneous [s 149H] Example of an act or omission constituting an offence— giving false or misleading information in contravention of the Act, section 607 (2) If a proceeding is started against the producer for the offence constituted by the act or omission and the civil penalty has not been paid to the State, the civil penalty is payable only if the proceeding against the producer is withdrawn. (3) If the civil penalty has been paid to the State, but a proceeding is started against the producer for an offence against the Act constituted by the act or omission, the amount of the civil penalty must be remitted in full. (4) However, if the proceeding against the producer is withdrawn, the civil penalty remitted under subsection (3) again becomes payable by the producer. Subdivision 4B Unpaid royalty interest

149H Unpaid royalty interest rate—Act, s 602(3)(a) For section 602(3)(a) of the Act, the rate of interest is the rate prescribed for unpaid tax interest under the Taxation Administration Act 2001, section 54(2).

149I Working out unpaid royalty interest on petroleum royalty payable for royalty return period—Act, s 602(4) (1) This section applies for working out the period for which unpaid royalty interest accrues under the Act, section 602, if— (a) petroleum royalty is payable by a petroleum producer under section 147(3) for a royalty return period; and (b) the producer has not paid all of the amount payable for instalment 1, instalment 2 or instalment 3 as required under section 147. (2) Unpaid royalty interest accrues— Page 136 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 156] (a) if instalment 1 or instalment 2 is not paid in full by the day required under section 147—on the amount unpaid from time to time, for the period starting on the day after the day the instalment must be paid and ending on the earlier of the following days, both days inclusive— (i) the day the instalment is paid in full; (ii) the lodgement day; and (b) if the petroleum royalty payable for the royalty return period is not paid in full on the lodgement day—on the total amount unpaid from time to time, for the period starting on the day after the lodgement day and ending when the total amount is paid in full, both days inclusive. (3) In this section— lodgement day means the day a royalty return must be lodged for the royalty return period. Chapter 7 Transitional and saving provisions Part 1 Transitional and savings provisions for SL No. 309 of 2004 Division 1 Transitional provisions relating to the Gas (Residual Provisions) Regulation 1989

156 Definitions for div 1 In this division— Current as at 1 September 2017 Page 137 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 157] chief gas examiner means the chief gas examiner under the repealed Gas (Residual Provisions) Act 1965. commencement means the commencement of section 860 of the Act. existing, for an approval or certificate given under the repealed regulation, means an approval or certificate that is in effect immediately before the commencement. repealed regulation means the repealed Gas (Residual Provisions) Regulation 1989.

157 Approval for non-conforming gas An existing approval given by the chief gas examiner under section 21 of the repealed regulation is, on the commencement, taken to be a gas quality approval given by the chief inspector under section 622 of the Act.

158 Approval of gas devices etc. (1) An existing approval for an appliance, container, fitting or system given by an approval body under section 81 of the repealed regulation is taken to be an approval given by the chief inspector, or a person or body approved by the chief inspector, under section 733(1) of the Act. (2) In this section— approval body means— (a) the chief gas examiner; or (b) a person or body approved by the chief gas examiner under section 81 of the repealed regulation.

159 Continuing effect of certificates of compliance (1) An existing certificate of compliance under section 99 of the repealed regulation continues, on the commencement, to have effect as a gas inspection certificate under chapter 5, part 3. Page 138 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 160] (2) A certificate mentioned in section 109(2A)(b) of the repealed regulation given by a licensed person is, on the commencement, taken to be a certification given under section 734(3) of the Act. (3) A certificate mentioned in section 110(2), 111(2) or 112(2) of the repealed regulation given by a licensed person continues, on the commencement, to have effect as a gas inspection certificate under chapter 5, part 3. (4) In this section— licensed person means a licensed person under the repealed regulation.

160 Approval of plans and specifications for particular installations (1) An existing approval given by the chief gas examiner under section 100(2) of the repealed regulation continues, on the commencement, to have effect. (2) The installation to which the approval relates is not required to comply with a safety requirement to the extent that the approval relates to an aspect of the plans and specifications for the installation that does not comply with the safety requirement. (3) However, subsection (2) no longer applies if— (a) the installation is modified so that it no longer complies with the approved plans and specifications; or (b) the plans and specifications that were approved are modified.

161 Effect of existing approval of vessel’s gas system (1) This section applies if the plans and specifications for a gas fuel system used for the propulsion of a vessel were approved under section 105 of the repealed regulation. (2) For section 104, the plans and specifications of the vessel’s gas system are taken to have been approved by an inspector. Current as at 1 September 2017 Page 139 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 162]

162 Continuing effect of exemption (1) This section applies if— (a) an existing exemption was given by the chief gas examiner under section 122 of the repealed regulation; and (b) the exemption related to a requirement under the repealed regulation for which there is a corresponding requirement under this regulation. (2) On the commencement, the exemption continues to have effect for the purpose of the corresponding requirement. (3) However— (a) the chief inspector may cancel the exemption at any time by giving notice to the holder of the exemption; and (b) section 122(3) of the repealed regulation continues in force in relation to the exemption. Division 2 Other transitional provisions

163 Continued application of Petroleum Act 1923 in relation to drilling of particular wells (1) Sections 57 and 68 do not apply in relation to a prescribed well— (a) that was drilled before the commencement; or (b) if drilling of the well starts before 1 July 2005. (2) If sections 57 and 68 do not apply in relation to a prescribed well, the drilling of the well must comply with all relevant requirements under the 1923 Act, as it was before the commencement. Page 140 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 164]

164 Audit and inspection fee for 2004–2005 financial year The audit and inspection fee payable by a liable person for the financial year starting on 1 July 2004 is the amount that is one-half of the fee for the year provided for under chapter 6, part 2, division 2. Part 2 Transitional provisions for the Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2007

165 Person not required to give notice about use of preferred standard for existing activity or thing Section 7(4)(b)(i) does not apply to a person, who immediately before commencement of this section, was required to comply with a safety requirement that was a preferred standard under section 7(2) and schedule 1 for an activity or thing.

166 Application of provision about competency requirements for drilling rig workers Section 54AA does not apply to the operator of a drilling operating plant until 1 January 2009. Current as at 1 September 2017 Page 141 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 167] Part 3 Transitional provision for the Mines and Energy Legislation Amendment Regulation (No. 2) 2008

167 Payment of annual rent for a particular period (1) This section applies to annual rent for an authority that would have been payable on or before 30 August 2008 under the unamended provision. (2) The proportion of the annual rent relating to the period from the day the annual rent would have been payable under the unamended provision to 31 August 2008, is payable on or before 31 August 2008 with the annual rent for the authority payable on that day under section 145, as amended by the Mines and Energy Legislation Amendment Regulation (No. 2) 2008. (3) In this section— unamended provision means section 145(3)(b) as in force immediately before the commencement of this section. Part 4 Transitional provision for the Mines and Energy Legislation Amendment Regulation (No. 4) 2008

168 Payment of annual licence fee (1) This section applies to an annual licence fee that would, under the unamended provision, be payable on the anniversary day for a pipeline or a petroleum facility licence from 1 September 2008 to 30 August 2009. (2) The annual licence fee must be paid on the anniversary day. Page 142 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 169] (3) The amount of the annual licence fee payable on the anniversary day must be worked out using the formula— A = B/365 x F where— A is the amount of the annual licence fee payable on the anniversary day. B is the number of days from the anniversary day to 30 August 2009. F is the annual licence fee stated in schedule 9, part 4. (4) In this section— anniversary day means the anniversary of the day the licence took effect. unamended provision means section 134 as in force immediately before the commencement of this section. Part 5 Transitional provision for the Mines and Energy Legislation Amendment Regulation (No. 2) 2010

169 Confidentiality period for required information lodged before commencement (1) This section applies to required information for a petroleum tenure if the required information is lodged before the commencement of this section. (2) Despite section 51(4), the confidentiality period for the required information is the confidentiality period mentioned in section 51(2) of the pre-amended regulation. (3) In this section— pre-amended regulation means this regulation as in force immediately before the commencement. Current as at 1 September 2017 Page 143 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 170] Part 6 Transitional provision for Petroleum and Gas (Production and Safety) Amendment Regulation (No. 2) 2010

170 Safety and health fee return for 2010–2011 year (1) A liable person must lodge a return, instead of a safety and health fee return required under section 139(1)— (a) for the financial year ending on 30 June 2010, by 31 August 2010; and (b) for the half year ending on 31 December 2010, by 20 January 2011; and (c) for the quarter year ending on 31 March 2011, by 20 April 2011; and (d) for the quarter year ending on 30 June 2011, by 20 July 2011. Maximum penalty—20 penalty units. (2) The provisions of this regulation, other than section 139(1), relating to a safety and health fee return apply for a return under subsection (1) as if the return were a safety and health fee return. (3) However, a reference in section 139(2) to the quarter is taken to be a reference to the period to which the return required to be lodged by the liable person under subsection (1) relates. Page 144 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 171] Part 7 Transitional provisions for Petroleum and Other Legislation Amendment Regulation (No. 1) 2011

171 Existing intention to drill a petroleum well or bore (1) This section applies if— (a) before the commencement of this section, a petroleum tenure holder intended to drill a well or bore; and (b) the holder is required to lodge, but has not lodged, a notice under section 31 for the well or bore. (2) Old section 31 continues to apply to the holder for the well or bore. (3) In this section— old section 31 means section 31 as in force immediately before the commencement of this section.

172 Confidentiality period for report about hydraulic fracturing activities lodged before commencement (1) This section applies to a report, about hydraulic fracturing activities carried out by the holder of a petroleum tenure, lodged under section 553(1)(b) of the Act before the commencement. (2) Despite section 51(2)(j), the prescribed confidentiality period for the report starts on the commencement and ends on the day that is 5 years after the commencement. (3) In this section— commencement means commencement of this section. Current as at 1 September 2017 Page 145 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 173] Part 8 Transitional provision for Resources Legislation and Another Regulation Amendment Regulation (No. 1) 2012

173 Application of s 149H—unpaid royalty interest rate (1) This section applies if, immediately before 1 October 2012, an amount of petroleum royalty payable by a petroleum producer is unpaid (the unpaid petroleum royalty). (2) Section 149H, as in force on 1 October 2012, applies to the unpaid petroleum royalty on and from that day. Part 9 Transitional provisions for Natural Resources and Mines Legislation Amendment Regulation (No. 1) 2013

174 Superseded version of amended mandatory or preferred standard taken to apply until changeover date (1) This section applies if there is an amended mandatory standard or an amended preferred standard for a safety requirement. (2) A person is taken, until the changeover date, to comply with an amended mandatory standard for a safety requirement if the person complies with the superseded version of the standard. (3) For an amended preferred standard for a safety requirement, a person is taken, until the changeover date— (a) to comply with the standard if the person complies with the superseded version of the standard; and Page 146 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 174] (b) to comply with the safety requirement without complying with the standard if the person— (i) gives the chief inspector a notice that the person is not complying with the superseded version of the standard; and (ii) has written evidence showing the level of risk for the activity or thing to which the safety requirement applies is equal to or less than the level of risk that would be achieved by complying with the superseded version of the standard. Example of written evidence— a report setting out a risk assessment carried out by a competent person (4) If the superseded version of an amended mandatory standard or an amended preferred standard for a safety requirement allows a competent person, or any other person, to grant an exemption from, or in any other way change, the requirements stated in the superseded version, the exemption or change may only be granted or made by the chief inspector. Example— The superseded version of an amended preferred standard might provide that a competent person can grant an exemption from provisions of the superseded standard. For the purpose of this regulation, the exemption can only be granted by the chief inspector. (5) If a safety requirement taken to be complied with under this section is inconsistent with an other safety requirement, the other safety requirement prevails to the extent of the inconsistency. (6) In this section— amended mandatory standard means a mandatory standard whose title is amended at the commencement of this section. amended preferred standard means a preferred standard whose title is amended at the commencement of this section. changeover date means the day that is 6 months after the commencement of this section. Current as at 1 September 2017 Page 147 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 175] superseded version, of an amended mandatory standard or an amended preferred standard, means the version of the amended standard stated in schedule 1, column 1, immediately before the commencement of this section.

175 Superseded version of amended transmission pipeline standard applies for pipeline being constructed (1) This section applies if, at the commencement of this section, the holder of a pipeline licence has started, but has not completed, construction of a pipeline in the area of the licence. (2) For the pipeline being constructed, the holder, or a person acting for the holder, is taken to comply with the amended transmission pipeline standard for a safety requirement if the person complies with the superseded version of the standard. (3) In this section— amended transmission pipeline standard means the transmission pipeline standard, as amended at the commencement of this section. superseded version, of the amended transmission pipeline standard, means the version of the amended transmission pipeline standard stated in schedule 1, part 2, column 1, immediately before the commencement of this section. transmission pipeline standard means the standard stated in schedule 1, part 2, column 1 immediately before the commencement of this section. Page 148 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 176] Part 10 Transitional provision for Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2013

176 Estimation and publication of safety and health costs for 2013–14 financial year (1) The chief executive must, for the 2013–14 financial year, prepare a costs estimate of the safety and health operating costs for each relevant category of liable person for the year. (2) The costs estimate must be published on the department’s website on, or as soon as practicable after, the commencement. (3) This section applies despite section 134AA(2). (4) In this section— 2013–14 financial year means the financial year ending 30 June 2014. Part 11 Transitional provision for Petroleum Legislation Amendment Regulation (No. 1) 2015

177 Particular samples not required to be kept (1) This section applies to the holder of a petroleum tenure if, before the commencement, the holder was given an exemption under section 47(4), as in force immediately before the commencement, from having to keep a sample from a coal seam gas well. (2) The holder is not required to keep the sample under section 47(1). Current as at 1 September 2017 Page 149 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 178] Part 12 Transitional provisions for Revenue Legislation Amendment Regulation (No. 1) 2016

178 Definitions for part In this part— new, in relation to a provision of this regulation, means the provision as in force on the commencement. pre-commencement decision means a petroleum royalty decision made before the commencement. previous, in relation to a provision of this regulation, means the provision as in force immediately before the commencement.

179 Existing applications for petroleum royalty decisions (1) This section applies if— (a) before the commencement, a petroleum producer made an application (the pre-commencement application) for a petroleum royalty decision for petroleum— (i) in compliance with a request under previous section 148C(1)(b) by the Minister; or (ii) under previous section 148D; and (b) the application relates to either— (i) for petroleum produced or that will be produced under a petroleum tenure or 1923 Act petroleum tenure—an amount of petroleum to be disposed of on or after the commencement; or (ii) for petroleum produced or that will be produced other than under a petroleum tenure or 1923 Act petroleum tenure—an amount of petroleum to be produced on or after the commencement; and Page 150 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 179] (c) on the commencement, the application had not been decided. (2) To the extent the application relates to petroleum disposed of or produced before the commencement— (a) the application must be decided under previous chapter 6, part 2, division 4; and (b) previous chapter 6, part 2, division 4 continues to apply in relation to the application and any decision on the application as if the Revenue Legislation Amendment Regulation (No. 1) 2016 had not been made. (3) To the extent the application relates to petroleum to be disposed of or produced on or after the commencement— (a) a separate application for a petroleum royalty decision is taken to have been made under new section 148B for that petroleum; and (b) the separate application must be decided under new chapter 6, part 2, division 4; and (c) that division applies in relation to the separate application and any decision on the application. Example of the operation of subsections (2) and (3)— An application made before the commencement relates to petroleum that has been disposed of or produced before the commencement and petroleum to be disposed of or produced after the commencement. The Minister must make 2 separate decisions for the application. In relation to petroleum disposed of or produced before the commencement, the application must be decided under previous chapter 6, part 2, division 4 and those provisions continue to apply in relation to the decision. In relation to petroleum disposed of or produced after the commencement, a separate application is taken to have been made under section 148B. The decision for that application must be made under new section 148B, and new chapter 6, part 2, division 4 applies in relation to the decision. (4) Anything done or existing in relation to the pre-commencement application is taken to have been done or existing in relation to the separate application. Current as at 1 September 2017 Page 151 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 180]

180 Existing petroleum royalty decisions (1) This section applies to a pre-commencement decision relating to the following petroleum (the relevant petroleum)— (a) if the petroleum is produced or will be produced under a petroleum tenure or 1923 Act petroleum tenure—an amount of petroleum to be disposed of on or after the commencement; (b) if the petroleum is produced or will be produced other than under a petroleum tenure or 1923 Act petroleum tenure—an amount of petroleum to be produced on or after the commencement. (2) To the extent the decision relates to relevant petroleum, the decision is taken to have been made under new chapter 6, part 2, division 4. (3) However, the petroleum producer for the petroleum can not apply for a review, under section 148J(1)(a), of the decision. Example of the operation of subsections (2) and (3)— A petroleum royalty decision is made under previous chapter 6, part 2, division 4 that states a method of working out a component of the wellhead value of both relevant petroleum, and petroleum produced or disposed of before the commencement. To the extent the decision relates to relevant petroleum, the decision may be applied after its expiry under section 148F, and may be amended under section 148H or 148K. The producer must comply with its obligations to notify the Minister under section 148G, and may also seek a review of a decision to amend the petroleum royalty decision under section 148J(1)(b), in relation to the relevant petroleum. However, if the decision is amended in relation to petroleum produced or disposed of before the commencement, the previous provisions of this regulation apply in relation to the amendment of the decision. This means, for example, the producer can not seek a review of the decision to amend the petroleum royalty decision for the petroleum produced before the commencement under section 148J(1)(a). (4) The Minister must, within 60 days after the commencement, give the petroleum producer for the relevant petroleum a notice complying with subsection (5). (5) The notice must identify any facts or circumstances stated in the pre-commencement decision that the Minister considers Page 152 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 181] would have a direct or indirect impact on the decision, in relation to the relevant petroleum, if the fact or circumstance were to change. (6) Each fact or circumstance mentioned in subsection (5) that is identified in the notice is taken to be a stated factor for the decision, in relation to the relevant petroleum.

181 Review by Minister of pre-commencement decisions on or after right to amend day (1) This section applies to a pre-commencement decision only if the Minister has not amended the pre-commencement decision under new section 148H(1)(a), (b) or (d). (2) The Minister may review the pre-commencement decision on or after the day (the right to amend day) that is 5 years after the day liability for petroleum royalty for petroleum the subject of the pre-commencement decision first became payable by the producer. (3) In reviewing the decision, the Minister may— (a) consider any matter mentioned in section 148D(b) or (c) as if that matter related to the review; and (b) in relation to a component of the wellhead value of the petroleum, decide any matter mentioned in section 148E(2), (4) or (5) as if it related to the review; and (c) amend the pre-commencement decision. (4) A pre-commencement decision that is amended under this section is the new decision. (5) The new decision— (a) applies only in relation to petroleum disposed of or produced on or after the right to amend day; and (b) is taken to be a petroleum royalty decision that has been amended under section 148H. (6) The Minister must give the producer a notice for the new decision stating— Current as at 1 September 2017 Page 153 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 182] (a) that the Minister has amended the pre-commencement decision; and (b) how the pre-commencement decision has been amended; and (c) the reasons why the Minister has amended the pre-commencement decision. Part 13 Transitional provision for Mineral and Energy Resources (Common Provisions) Regulation 2016

182 Application of joint interaction management plan provisions (1) The pre-amended regulation continues to apply in relation to the following for a period of 6 months after the commencement as if the joint interaction management plan provisions had not commenced— (a) an operating plant, or the area of a petroleum tenure in which an operating plant is situated, mentioned in the pre-amended Act, section 386(1)(a); (b) an operating plant, the area of a coal or oil shale mining lease (the lease area) in which an operating plant is situated, or an area adjacent to the lease area, mentioned in the pre-amended Act, section 705(a); (c) an activity under an authority to prospect (csg) carried out in an overlapping area the subject of an authority to prospect (csg) within the meaning of the Common Provisions Act, section 103 if coal mining operations under an exploration permit (coal), mineral development licence (coal) or mining lease (coal) within the meaning of the Common Provisions Act, section 103 are also carried out in the overlapping area. (2) In this section— Page 154 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Chapter 7 Transitional and saving provisions [s 182] joint interaction management plan provisions means sections 72B, 72C and 72D. pre-amended Act means the Act as in force immediately before the commencement of the Water Reform and Other Legislation Amendment Act 2014. pre-amended regulation means this regulation as in force immediately before the commencement. Current as at 1 September 2017 Page 155 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 1 Schedule 1 Mandatory and preferred standards for safety requirements section 7 and schedule 8, sections 2(a) and 4 Part 1 Exploring for and producing petroleum Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard ‘APIA code of practice pipelines constructed preferred Upstream PE gathering from polyethylene networks CSG industry version 3.0’ (June 2014) published by the Australian Pipeline Industry Association ‘Code of Practice for coal operating plant that is a mandatory seam gas well head prescribed well for emissions detection and exploring, producing or reporting’, published by processing coal seam gas the department in 2011 on its website Construction and a prescribed well, mandatory abandonment code proposed prescribed well or abandoned prescribed well for exploring for or producing coal seam gas; drilling a bore; converting a petroleum well to a bore Page 156 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 1 Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard ‘Managing risks of plant in operating plant that is a preferred the workplace—Code of drilling rig Practice 2013’ published by Workplace Health and Safety Queensland, Department of Justice and Attorney-General AS 2885 pipelines constructed preferred from steel ISO 10405 ‘Petroleum and petroleum exploration and preferred natural gas industries— production drilling and casing and tubing’ (2006) completion; wellhead production; plant design, manufacture, operation and maintenance (petroleum exploration and drilling) ISO 10407 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling Drilling and Production equipment—Drill stem design and operating limits’ (1993) ISO 10414 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling field testing of drilling fluids’ Part 1 ‘Water-based fluids’ (2008) Part 2 ‘Oil-based fluids’ (2008) Current as at 1 September 2017 Page 157 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 1 Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard ISO 10423 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling drilling and production equipment—wellhead and christmas tree equipment’ (2009) ISO 10424 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling rotary drilling equipment’ Part 1 ‘Rotary drill stem elements’ (2004) ISO 10427 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling casing centralizers’ Part 1 ‘Bow-spring casing centralizers’ (2001) Part 2 ‘Centralizer placement and stop-collar testing’ (2004) Part 3 ‘Performance testing of cementing float equipment’ (2003) ISO 10432 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling downhole equipment— subsurface safety valve equipment’ (2004) Page 158 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 1 Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard ISO 11960 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling steel pipes for use as casing or tubing for wells’ (2011) ISO 11961 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling steel pipes for use as drill pipe—specification’ (2008) ISO 13500 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling drilling fluid material— specifications and tests’ (2008) ISO 13533 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling drilling and production equipment—drill-through equipment’ (2001) ISO 13534 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling drilling and production equipment—inspection, maintenance, repair and remanufacture of hoisting equipment’ (2000) ISO 13535 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling drilling and production equipment—hoisting equipment’ (2000) Current as at 1 September 2017 Page 159 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 1 Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard ISO 13626 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling drilling and production equipment—drilling and well-servicing structures’ (2003) ISO 13679 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling procedures for testing casing and tubing connections’ (2002) ISO 14693 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling drilling and well-servicing equipment’ (2003) ISO 15136 ‘Downhole petroleum exploration and preferred equipment for petroleum drilling and natural gas industries—progressing cavity pump systems for artificial lift’ Part 1 ‘Pumps’ (2009) ISO 15546 ‘Petroleum and petroleum exploration and preferred natural gas industries— drilling aluminium alloy drill pipe’ (2011) Page 160 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 1 Part 2 Transmission pipelines Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard AS 2885 design, construction, mandatory operation and maintenance of transmission pipelines Part 3 Fuel gas distribution Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard AS 1697 ‘Installation and design and construction of preferred maintenance of steel pipe high pressure distribution systems for gas’ (2005) systems AS 2033 ‘Installation of installation of distribution preferred polyethylene pipe systems systems’ (2008) AS/NZS 2648.1 installation of buried preferred ‘Underground marking distribution systems and tape—non-detectable consumer pipes tape’ (1995) AS 2885 pipelines constructed preferred from steel Current as at 1 September 2017 Page 161 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 1 Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard AS 3723 ‘Installation and installation and preferred maintenance of plastics maintenance of pipe systems for gas’ distribution systems (1989) AS 4041 ‘Pressure piping’ installation of distribution preferred (2006) pipelines, facilities and consumer piping AS/NZS 4129 ‘Fittings for installation of distribution preferred polyethylene (PE) pipes systems for pressure applications’ (2008) AS/NZS 4645 ‘Gas installation of distribution preferred distribution network systems management’ Part 1 ‘Network management’ (2008) Part 2 ‘Steel pipe systems’ (2008) Part 3 ‘Plastic pipe systems’ (2008) Page 162 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 1 Part 4 LPG storage and handling Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard AS/NZS 1425 ‘LP gas fuel design, installation, preferred systems for vehicle certification, repair, engines’ (2013) service and inspection of motor fuel gas systems AS/NZS 1596 ‘The storing and handling LPG, preferred storage and handling of LP including installing and gas’ (2014) handling fuel gas containers AS/NZS 2229, ‘Fuel design and construction of preferred dispensing equipment for LPG liquid dispensing explosive atmospheres’ systems (2004) AS 4732 ‘LP gas fuel design, installation and preferred systems for marine certification of gas fuel engines’ (2002) systems in vessels Part 5 Gas work Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard AS 3814 ‘Industrial and design and certification of preferred commercial gas-fired gas devices (type B) appliances’ (2015) Current as at 1 September 2017 Page 163 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 1 Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard AS/NZS 5601 ‘Gas installation of gas systems preferred installations’ Part 1 ‘General installations’ (2013) (including all of sections 3 to 6) Part 2 ‘LP Gas installations in caravans and boats for non-propulsive purposes’ (2013) (including all of sections 3 to 9) Page 164 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 1 Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard AS 61508 ‘Functional installation and operation preferred safety of electrical / of gas systems electronic / programmable electronic safety-related systems’ Part 0 ‘Functional safety and AS61508’ (2006) Part 1 ‘General requirements’ (2011) Part 2 ‘Requirements for electrical / electronic / programmable electronic safety-related systems’ (2011) Part 3 ‘Software requirements’ (2011) Part 4 ‘Definitions and abbreviations’ (2011) Part 5 ‘Examples of methods for the determination of safety integrity levels’ (2011) Part 6 ‘Guidelines on the application of AS 61508.2 and AS 61508.3’ (2011) Part 7 ‘Overview of techniques and measures’ (2011) Current as at 1 September 2017 Page 165 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 1 Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard AS/IEC 61511 ‘Functional installation and operation preferred safety—safety of gas systems instrumented systems for the process industry sector’ Part 1 ‘Framework, definitions, systems, hardware and software requirements’ (2004) Part 2 ‘Guidelines for the application of AS/IEC 61511—1’ (2004) Part 3 ‘Guidance for the determination of the required safety integrity levels’ (2004) Part 6 Other safety requirements Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard AS 1210 ‘Pressure materials, design, preferred vessels’ (2010) manufacture, testing, inspection, certification and despatch of fired and unfired pressure vessels Page 166 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 1 Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard AS/NZS 1677 design of gas devices mandatory ‘Refrigerating systems’ (type B) that use flammable hydrocarbon Part 1 ‘Refrigerant gas as a refrigerant classification’ (1998) Part 2 ‘Safety requirements for fixed applications’ (1998) AS 2030 ‘The verification, verification, filling, preferred filling, inspection, testing inspection and and maintenance of maintenance of cylinders cylinders for storage and transport of compressed gases’ Part 1 ‘Cylinders for compressed gases other than acetylene’ (2009) AS 2337 ‘Gas cylinder test inspection and testing of mandatory stations’ fuel gas containers Part 1 ‘General requirements, inspection and tests—gas cylinders’ (2004) Part 2 ‘LP gas fuel vessels for automotive use’ (2004) Part 3 ‘Transportable gas cylinders—periodic inspection and testing of composite gas cylinders’ (ISO11623:2002, MOD) (2006) Current as at 1 September 2017 Page 167 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 1 Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard AS/NZS 2739 ‘Natural design, installation and preferred gas (CNG) fuel systems certification of natural gas for vehicle engines’ (2009) (CNG) fuel systems in vehicles AS 2746 ‘Working areas design and operation of preferred for gas-fuelled vehicles’ workshops where gas (2008) devices in gas fuelled vehicles are installed or repaired AS 2809 ‘Road tank design of road tank preferred vehicles for dangerous vehicles goods’ Part 1 ‘General requirements’ (2008) Part 2 ‘Tankers for flammable liquids’ (2008) Part 3 ‘Tankers for compressed liquefiable gases’ (2008) Part 5 ‘Tankers for bitumen-based products’ (2005) AS/NZS 2865 ‘Safe work carried out in a preferred working in a confined confined space space’ (2009) AS 2885 a stated pipeline licence mandatory incidental activity to which the standard applies AS 3645 ‘Essential design, construction, mandatory requirements for gas supply and use of gas equipment’ (2010) devices (type A) Page 168 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 1 Column 1 Column 2 Column 3 Name of code, standard or What the safety Mandatory or document requirement applies to preferred standard AS/NZS 3788 ‘Pressure inspection of tanks mandatory equipment—in-service inspection’ (2006) AS 4332 ‘The storage and storage, handling and preferred handling of gases in distribution of cylinders to cylinders’ (2004) which the standard applies, other than those to which AS/NZS 1596 ‘The storage and handling of LP gas’ (2014) applies AS 4983 ‘Gas fuel design, installation and preferred systems for forklifts and certification of gas fuel industrial engines’ (2010) systems for forklifts and industrial engines AS/NZS 60079 ‘Explosive design of a gas system for preferred atmospheres’ Part 10.1 fuel gas or petroleum ‘Classification of areas— Explosive gas atmospheres’ (2009) AS/NZS 60079 ‘Explosive assessing the hazardous preferred atmospheres’ nature of a gas system for fuel gas or petroleum Part 0 ‘Equipment— General requirements’ (2012) Part 10.1 ‘Classification of areas—Explosive gas atmospheres’ (2009) Current as at 1 September 2017 Page 169 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 2 Schedule 2 Prescribed incidents section 11 and schedule 12, definition immediately Column 1 Column 2 Column 3 Incident Way report must When report must be given be given an incident involving death by telephone immediately of a person in writing as soon as practicable an incident involving injury by telephone immediately to a person requiring medical in writing as soon as treatment practicable an emergency, including an by telephone immediately emergency alarm activation in writing as soon as other than as part of a routine practicable test, at an operating plant that is a major hazard facility under the Work Health and Safety Regulation 2011 a fire at an operating plant by telephone immediately in writing as soon as practicable an unplanned or uncontrolled by telephone immediately release of petroleum, fuel gas in writing as soon as or prescribed storage gas, practicable attended by emergency services Page 170 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 2 Column 1 Column 2 Column 3 Incident Way report must When report must be given be given an unplanned or uncontrolled in writing as soon as release of a gas that is practicable petroleum or prescribed storage gas or fuel gas from an operating plant, at a concentration of more than the lower flammable alarm level for the gas stated in the safety management system for the plant, not attended by emergency services an incident with the potential by telephone immediately to cause a general shortage of in writing as soon as fuel gas in Queensland or an practicable area of Queensland an incident involving damage by telephone immediately to property that substantially in writing as soon as increases the risk of damage practicable to plant or equipment or injury to persons an incident involving coal as required under as required under mining operations at an the joint the joint operating plant in the area of interaction interaction a coal or oil shale mining management plan management plan lease for the operating for the operating plant plant an incident at an operating in writing as soon as plant to which the Work practicable but no Health and Safety Act 2011 later than 5 does not apply, if the incident business days is not otherwise mentioned in after the incident this schedule occurs Current as at 1 September 2017 Page 171 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 2 Column 1 Column 2 Column 3 Incident Way report must When report must be given be given an incident that had the by telephone immediately potential to, but did not, in writing as soon as cause the death of, or injury practicable but no to, a person or damage to later than 5 plant or equipment business days after the incident occurs a work related illness of a in writing as soon as person at an operating plant practicable but no to which the Work Health later than 5 and Safety Act 2011 does not business days apply after the operator of the operating plant becomes aware or, ought reasonably to have been aware, of the illness Page 172 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 3 Schedule 3 Requirements for plugging and abandoning prescribed wells and bores section 60(1) Part 1 Preliminary

1 Definitions for sch 3 In this schedule— CSG well means a prescribed well that is drilled to produce coal seam gas under a petroleum tenure or a 1923 Act petroleum tenure. prescribed well or bore means a well or bore, other than a horizontal well. well or bore means— (a) a petroleum well or bore drilled under a petroleum authority; or (b) a well or bore drilled under a 1923 Act petroleum tenure. Part 2 Requirements for all wells and bores

2 Abandonment to be consistent with good industry practice (1) A well or bore must be abandoned in accordance with good industry practice, to the extent that practice is consistent with this regulation. Current as at 1 September 2017 Page 173 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 3 (2) However, a CSG well or bore must be abandoned in accordance with the construction and abandonment code, to the extent the code is consistent with this regulation.

3 Capping of well or bore The well or bore must be capped with a metal plate inscribed with the following information— (a) the identifying name of the well or bore; (b) the total depth in metres of the well or bore; (c) the date the well or bore was abandoned.

4 Casing to be sealed (1) The casing of the well or bore must be sealed below ground level. (2) The stub of the casing must be buried below the surface at a depth that— (a) allows for the efficient later re-entry to the well or bore; and (b) will not adversely interfere with the normal activities of the owner of the land on which the well or bore is located. Part 3 Additional requirements for wells and bores, other than horizontal wells

5 Isolation of aquifers and porous formations An aquifer or porous formation, including, for example, a coal seam, that is intersected by a prescribed well or bore must be isolated so there is no interconnection of gas or water between the aquifers or porous formations. Page 174 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 3

6 Casing of prescribed well or bore (1) Steel casing must be removed from any section of a prescribed well or bore that is within or immediately adjacent to a coal seam. (2) However, subsection (1) need not be complied with— (a) if it is not technically or commercially feasible to remove the casing; or Example— production casing that has been cemented in place and can not feasibly be removed (b) for a CSG well, if the code requires that the casing remain in place.

7 Cement to be used for plugs etc. (1) This section applies to a prescribed well or bore that is not a CSG well. (2) The prescribed well or bore must have a surface plug of cement in the casing. (3) Also, if the prescribed well or bore has more than 1 casing string and any inner casing string does not reach the surface, the inner casing string must, if required to comply with section 5, be plugged with cement at the top of the string. (4) Cement used as a plug in the prescribed well or bore must be of an industry accepted grade, having regard to the salinity of the fluids in the surrounding strata. (5) A plug in, or adjacent to, a coal seam in the prescribed well or bore must, if reasonably practicable, be adequately secured. (6) The operator of the well or bore must test any cement that is used as a plug in the well or bore and ensure that it complies with the requirements under this regulation.

8 Requirement for packer left in prescribed well or bore (1) This section applies to a prescribed well or bore that is not a CSG well. Current as at 1 September 2017 Page 175 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 3 (2) A packer in, or adjacent to, a coal seam in the prescribed well or bore that is not to be removed from the well or bore must, if reasonably practicable— (a) be made of a material that is intrinsically safe; and (b) be adequately secured.

9 Fluid to be left in prescribed well or bore A prescribed well or bore must be left full of fluid that is of sufficient density to— (a) help maintain the structural integrity of the well or bore; and (b) prevent gas influx.

10 Requirements if steel casing or drill string is left in coal seam (1) This section applies if steel casing or drill string is left within a coal seam in a prescribed well or bore. (2) The well or bore must be abandoned in a way that assists future entry of the well or bore for the purpose of milling or removing steel from the coal seam. (3) In complying with subsection (2), the operator must ensure that each of the following is carried out before the well or bore is plugged and abandoned— (a) sucker rods, pump and tubing and any other debris in the well or bore that can practicably be removed are removed; (b) perforated casing is cemented to ensure all aquifers and porous formations, including for example, coal seams, are isolated as required under section 5; (c) if casing remains in the well or bore, the fluid left in the well or bore as required under section 9— (i) is anti corrosive; and Page 176 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 3 (ii) has corrosion inhibitor added to it if the fluid is or may become corrosive; (d) casing strings are cut off at approximately 1.5m below ground level and all wellhead equipment is removed; (e) before backfilling, a metal plate is welded fully across the top of the innermost casing string and marker tape is laid approximately 20cm above the top of the casing; (f) a plaque, stating the following information, is placed on the nearest fence, building or other permanent structure— (i) the identifying name of the well or bore; (ii) the total depth in metres of the well or bore; (iii) the date on which the well or bore was abandoned; (iv) the distance and direction to the well or bore from the plaque. Part 4 Additional requirement for horizontal wells

11 Requirement for liner (1) A horizontal well must be abandoned containing a slotted liner that is not made of steel, including for example, a slotted PVC liner. (2) However, if the horizontal well has the potential to be a high risk area for future coal mining because of high levels of methane, the operator must conduct a risk assessment that includes an assessment of whether a Fire Resistant Anti Static (or FRAS) liner should be used in the well. Current as at 1 September 2017 Page 177 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 4 Schedule 4 Coal seam gas potential hazard guide section 67(1) Type of hazard Potential impact of hazard Physical disturbance of environment stimulation of coal seam structural integrity of coal seam and strata immediately above and below the coal seam (roof and floor) adversely affected air paths over pillars dewatering of a significant impact on coal quality (unlikely) area of coal invalidation of prior exploration data if permanent geotechnical or quality changes to coal, roof or floor impact on mining horizon may stress field and coal strength, with potential shearing or deformation of coal, roof or floor problems with coal exploration activity, including, for example, friable coal unable to be cored for sampling, and changes of coal characteristics may cause spontaneous combustion at the subcrop of the coal Creation of hazardous objects unrecovered steel casing or may damage equipment, create delays, drill string cause additional costs, reduce productivity, sterilise resources or create safety issues Page 178 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 4 Type of hazard Potential impact of hazard unrecovered radioactive health hazard to coal miners; coal rendered device unmineable or additional costs and delays to mining introduction of sand or may affect coal quality and production other foreign material, (unlikely because of small quantities including, for example, typically used by operating plants) gels Creation of hazardous zones gas-filled voids explosion or asphyxiation due to entry of methane into working face after intersecting void, including, for example, an open horizontal hole unsealed holes and voids an open petroleum well, including, for example, a surface to in-seam well, that connects with underground mine workings or goaf (the entry of air may increase the risk of spontaneous combustion) open horizontal wells in a coal seam allowing air path through pillars entry of water from an open petroleum well connecting a significant accumulation of water (surface or upper seam goafs or aquifers) to a location underground isolated areas and patches requirement for supplementary gas of high residual gas drainage; gas hazard if not detected a pressurised gas reservoir may connect to workings Hazards associated with adjacent or overlapping mining operations Current as at 1 September 2017 Page 179 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 4 Type of hazard Potential impact of hazard dewatering affecting increased risk of spontaneous combustion adjacent mine in some circumstances, including, for example, goaf and up-dip areas of the coal seam active impact on stress field and strength characteristics of the coal seam, roof or floor; effect on strata control in coal mining operations additional release of gas into mine workings and the atmosphere potential fire or explosion caused by a mixture of gas and air in a goaf; migration of the air/methane explosive zone increased dust gas drainage paths potential fire or explosion if mine connecting with adjacent workings intersect uncontrolled mine workings underground heating Page 180 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 5 Schedule 5 Strategic pipelines section 80(2), definition strategic pipeline Description of pipeline Pipeline licence number pipeline from Moonie to Brisbane 1 pipeline from Roma to Brisbane 2 pipeline from Jackson to Moonie 6 pipeline from Ballera to the South Australian 13 border pipeline from Ballera to Wallumbilla 24 pipeline from Wallumbilla to Gladstone and 30 Rockhampton pipeline from Ballera to Mount Isa 41 pipeline from Moranbah to Townsville 89 pipeline from Durham to ML1A 90 Current as at 1 September 2017 Page 181 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 6 Schedule 6 Gas devices (type A) section 6A Note— A device mentioned in this schedule is a gas device (type A) only if it is used or designed or intended for use for a purpose mentioned in section 724(2) of the Act. See section 724(1) of the Act. • the following types of commercial catering gas equipment— atmospheric steamers barbecue grillers boiling water units chinese cooking tables food warmers including bain-marie fryers open and closed top boiling tables ovens pasta cookers re-thermalisers salamanders, grillers and toasters solid grill plates and griddles stockpots and brat pans • decorative gas log appliances and similar appliances • domestic gas cooking appliances • domestic gas refrigerators • domestic outdoor gas barbeques • indirect gas-fired ducted air-heaters • gas air conditioners with the capacity to consume no more than 500MJ in an hour Page 182 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 6 • gas fired water heaters for hot water supply or central heating • gas laundry dryers • gas pool heaters • gas space heating appliances • LP gas portable and mobile appliances • LPG mobile industrial direct fired air heaters • overhead radiant tube gas heaters • portable gas generators with the capacity to consume no more than 500MJ in an hour • radiant gas heaters for outdoor and non-residential use Current as at 1 September 2017 Page 183 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 7 Schedule 7 Safety requirements for transporting cylinders in vehicles section 109 Part 1 Preliminary

1 Meaning of enclosed vehicle (1) For this schedule, enclosed vehicle means any enclosed vehicle, whether or not— (a) the vehicle is used for private or business purposes or is used for providing public transport; and (b) 1 or more of the vehicle’s windows are open. (2) However, a vehicle to which the Transport Operations (Road Use Management) Act 1995, chapter 5A, applies, is not an enclosed vehicle. Part 2 Transporting LPG cylinders

2 Application of pt 2 This part applies in relation to cylinders for LPG.

3 Prohibition on carrying 30L cylinders in enclosed vehicles A person must not carry a cylinder with a capacity of more than 30L in an enclosed vehicle. Example of a cylinder that could not be carried in an enclosed vehicle— a 13.5kg cylinder Page 184 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 7

4 Restriction on carrying 9kg cylinders in enclosed vehicles (1) A person may carry a cylinder with a capacity of 8.5kg or more, but no more than 9kg, in an enclosed vehicle only for transporting the cylinder to or from a place where the cylinder is or was exchanged or filled. (2) However, subsection (1) does not apply if the cylinder is transported in the vehicle in a sealed compartment that is vented to outside the vehicle.

5 No more than 2 cylinders may be carried at a time A person must not carry more than 2 cylinders in an enclosed vehicle at a time.

6 Requirements for transporting cylinders in enclosed vehicles A person who carries a cylinder in an enclosed vehicle must ensure— (a) the cylinder is stored— (i) securely in an upright position, in the boot of the vehicle if possible; and (ii) in a way that avoids excessive exposure of the cylinder to heat or direct exposure to sunlight; and (b) the service valve of the cylinder is tightly closed. Part 3 Provisions for supply of LPG

7 Cylinders for supply of LPG must have screw plugs A person who supplies LPG to consumers in cylinders with a capacity of 9kg or less must ensure each cylinder is fitted with a screw plug that— (a) is inserted into the cylinder outlet; and Current as at 1 September 2017 Page 185 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 7 (b) allows for its easy removal by a consumer.

8 Cylinders not to be overfilled A person who supplies LPG to consumers must, if filling a cylinder with LPG, fill the cylinder in a way that prevents it being overfilled.

9 Signage required at places where cylinders are filled or exchanged A person who supplies LPG to consumers must ensure a notice stating the requirements under part 2 is displayed at each place where the person fills or exchanges cylinders. Part 4 Labelling of cylinders

10 Labelling of cylinders (1) A person who supplies a new cylinder to a consumer must ensure the required label is attached to the cylinder. (2) An authorised test station must ensure the required label is attached to a cylinder that is tested by the station. (3) In this section— required label means the following label, or a label containing words to the following effect— CYLINDER SAFETY INSTRUCTIONS LPG cylinders are safe if used correctly. It is important that— (a) cylinders are carried and stored upright at all times (b) cylinders are secured upright in vehicles, preferably in the boot, and not more than 2 cylinders are carried at a time Page 186 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 7 (c) valves are checked to ensure they are tightly turned off (d) cylinders are kept away from heat or direct sun (e) contents of cylinder must not be inhaled. For added safety, fit a screw plug to the cylinder outlet when not in use. Part 5 Signage of vehicles transporting particular cylinders

11 Requirement for filling or supplying particular cylinders (1) A person (a supplier) must not fill a cylinder for another person, or supply a cylinder to the person, if the supplier knows, or ought reasonably to know, that— (a) the cylinder will be transported by the person in a vehicle with other cylinders and all of the cylinders have a total capacity of more than 250l; and (b) the vehicle is not fitted with ‘flammable gas’ signs as required under the dangerous goods code. (2) In this section— dangerous goods code means the seventh edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Australian Transport Council. Current as at 1 September 2017 Page 187 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 8 Schedule 8 Requirements for using flammable hydrocarbons for refrigeration or air conditioning section 113

1 Definitions for sch 8 In this schedule— approval person means the chief inspector or a person or body approved by the chief inspector under section 733(1) of the Act. relevant gas device means a gas device (type A) or (type B) that uses flammable hydrocarbon gas for refrigeration or air conditioning.

2 Requirements for applications for approval of relevant gas device under the Act, s 733(1) An application for approval under section 733(1) of the Act in relation to a relevant gas device must be accompanied by either— (a) evidence satisfactory to the approval person that the device complies with all relevant safety requirements mentioned in schedule 1, part 6; or (b) a safety report for the device as required under section 3.

3 Requirements for safety report (1) This section prescribes requirements for a safety report mentioned in section 2(b). (2) The report must include a safety and risk assessment in relation to each stage of use of the gas device, including at least each of the following— Page 188 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 8 (a) an assessment of the effect that a change in the refrigerant used by the device might have on the safety and reliability of the device; (b) an identification of the hazards associated with each relevant stage for the device, using a hazard identification model the approval person reasonably believes is appropriate, and an analysis of the likely consequences and likelihood of occurrence of each hazard identified; Examples of hazard identification models— • hazard and operability study (HAZOP) • failure modes and effect analysis (FMEA) • fault tree analysis • event tree analysis (c) a description of the measures that could be undertaken to control or avoid the risk associated with the hazards identified under paragraph (b), and the reasons why the applicant would or would not undertake the measures; (d) an identification of the class of people, and any particular characteristics of them increasing their vulnerability, who might be affected if the device is not safe; (e) an assessment of the risks in relation to each relevant stage for the device, including each of the following— (i) if the device was originally designed for use with a non-flammable gas—a comparison of the risks identified with any risks associated with the device used as it was originally designed; (ii) the risks to the community, whether direct or indirect; (iii) if practicable, an estimate of the likely number of injuries and deaths of persons from the device for a year; (f) the results of any testing undertaken on the device; (g) an identification of— Current as at 1 September 2017 Page 189 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 8 (i) all sources of information and data relied on in producing the report; and (ii) any assumptions made in the report. (3) For subsection (2)(e), risks should be assessed quantitatively as well as qualitatively if appropriate in the circumstances. (4) In this section— relevant stage, for a relevant gas device, means each of the following in relation to the device— (a) installation; (b) maintenance; (c) use; (d) decommissioning; (e) disposal; (f) obsolescence.

4 Application of other safety requirements to flammable hydrocarbon gas A safety requirement mentioned in schedule 1 that applies in relation to LPG also applies, with any necessary modifications, in relation to flammable hydrocarbon gas.

5 Safety requirements for gas fittings used with flammable hydrocarbon gases (1) A gas fitting that is used with flammable hydrocarbon gases must— (a) comply with AS/NZS 1596 ‘The storage and handling of LP gas’ (2014), and all relevant standards listed in Appendix A of AS/NZS 1596; and (b) be fit for the purpose for which it is used. (2) Subsection (1) is a safety requirement. Page 190 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 8

6 Safety requirements for installation of flammable hydrocarbon gas in a relevant gas device (1) A person who installs flammable hydrocarbon gas in a relevant gas device must— (a) be the holder of a gas work licence; and (b) ensure the device— (i) complies with section 5; and (ii) has been approved for use under section 733(1) of the Act; and (c) ensure a plate is fixed to the device, in a place that is easily observable by a person carrying out gas work on the device, stating the device contains flammable hydrocarbon gas. (2) The person must give the owner of the device a certificate, in the approved form, stating that the installation of the gas in the device complies with all relevant safety requirements. (3) The person must keep a copy of a certificate mentioned in subsection (2) for 3 years. (4) This section is a safety requirement. Current as at 1 September 2017 Page 191 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 9 Schedule 9 Fees sections 118(2), 133, 135(3), 140(3) and 142AA(3) Part 6 Gas work licence and gas work authorisation fees $

1 Application for gas work licence—Act, s 728A(b) 44.50

2 Annual fee for gas work licence—s 118 29.60

3 Application for gas work authorisation—Act, s 728A(b)— (a) for a gas work authorisation (industrial appliances) 74.30 (b) for a gas work authorisation (major project) 2,240.00 (c) for a gas work authorisation (motor fuel) 74.30 (d) for a gas work authorisation (servicing) 74.30

4 Annual fee for gas work authorisation—s 118— (a) for a gas work authorisation (industrial appliances) 44.50 (b) for a gas work authorisation (major project) 2,240.00 (c) for a gas work authorisation (motor fuel) 44.50 (d) for a gas work authorisation (servicing) 44.50

5 Application to change the scope of work stated in a gas work authorisation—Act, s 728A(b) 74.30

6 Replacement of gas work licence or gas work authorisation under the Act, s 849 44.50 Page 192 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 9 Part 7 Other fees mentioned in Act $

1 Late fee for royalty return—Act, s 595(3) 188.75

2 Application for gas quality approval—Act, s 622(2)(b) 364.00

3 Fee for copy of a document or information held in the register of gas work licences and authorisations—Act, s 731(1)(c) 14.20 Part 8 Safety and health fees

1 Drilling wells (1) The safety and health fee payable for a financial year by the operator (the relevant drilling plant operator) of an operating plant used to drill a prescribed well, geothermal well, GHG well or UCG well (relevant drilling plant) during the year is $1,466 for each kilometre drilled. (2) However, if the safety and health fees calculated under subsection (1) for all operators of relevant drilling plant during the year exceeds the costs estimate for the category of liable person mentioned in section 135(2)(a) for the year, the safety and health fee payable for the year by the relevant drilling operator is the amount worked out using the formula— C × (W ⁄ T) where— C means the costs estimate. W means the number of kilometres the relevant drilling plant operator drills using the relevant drilling plant during the year. T means the number of kilometres all operators of relevant drilling plant drill using the plant during the year. Current as at 1 September 2017 Page 193 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 9

2 Well completion or maintenance work (1) The safety and health fee payable for a financial year by the operator (the relevant work over rig operator) of a work over rig that performs well completion or maintenance work for a prescribed well, geothermal well, GHG well or UCG well (a relevant work over rig) during the year is $275.80 for each well for which completion or maintenance work was done during the year. (2) However, if the safety and health fees calculated under subsection (1) for all operators of relevant work over rigs during the year exceeds the costs estimate for the category of liable person mentioned in section 135(2)(b) for the year, the safety and health fee payable for the year by the relevant work over rig operator is the amount worked out using the formula— C × (W ⁄ T) where— C means the costs estimate. W means the number of wells for which completion or maintenance work was done by the relevant work over rig operator during the year. T means the number of wells for which completion or maintenance work was done by all operators of relevant work over rigs during the year.

3 Exploration (1) The safety and health fee payable for a financial year by the holder (the relevant authority or permit holder) of an authority to prospect, a geothermal exploration permit or a GHG permit is $2.36 for each sub-block included in the area to which the authority or permit applies. (2) However, if the safety and health fees calculated under subsection (1) for all holders of an authority to prospect, a geothermal exploration permit or a GHG permit during the year exceeds the total of the costs estimates for the categories Page 194 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 9 of liable person mentioned in section 135(2)(c), (d) and (e) for the year, the safety and health fee payable for the year by the relevant authority or permit holder is the amount worked out using the formula— C × (N ⁄ T) where— C means the total of the costs estimates. N means the number of sub-blocks within the area of the authorities to prospect, geothermal exploration permits or GHG permits held by the relevant authority or permit holder during the year. T means the number of sub-blocks within the areas of all authorities to prospect, geothermal exploration permits or GHG permits held during the year.

4 Producing petroleum under a petroleum lease or 1923 Act lease (1) The safety and health fee payable for a financial year payable by the holder (the relevant lease holder) of a petroleum lease, or 1923 Act lease, is $1,511 for each prescribed well within the area of the lease that has produced petroleum during the year. (2) However, if the safety and health fees calculated under subsection (1) for all holders of petroleum leases or 1923 Act leases in the year exceeds the costs estimate for the category of liable person mentioned in section 135(2)(f) for the year, the safety and health fee payable for the year by the relevant lease holder is the amount worked out using the formula— C × (P ⁄ T) where— C means the costs estimate. Current as at 1 September 2017 Page 195 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 9 P means the number of prescribed wells within the area of the petroleum lease or 1923 Act lease that produced petroleum during the year. T means the total number of prescribed wells within the areas of petroleum leases or 1923 Act leases that produced petroleum during the year.

5 Petroleum facilities (1) The safety and health fee payable for a financial year by the operator of a petroleum facility is as follows— (a) for the operation of a major processing facility— $12,659; (b) for the operation of a facility that produces syngas— $6,328; (c) for a facility that produces a gasification or retorting product, other than mineral (f), by an underground gasification activity—$6,328; (d) for the operation of a facility that produces LPG from petroleum—$9,493; (e) for the operation of a facility that produces LNG and is not a major hazard facility under the Work Health and Safety Regulation 2011 and must operate under a safety management system—$9,493; (f) for the operation of a facility that produces CNG and must operate under a safety management system— $4,429; (g) for the operation of a facility that produces an underground gasification product—$12,659; (h) for the operation of a facility on an area to which a petroleum facility licence applies that is not included in paragraphs (a) to (g)—$12,659. (2) However— (a) if there is more than 1 facility mentioned in subsection (1)(a) to (h) operated at a single site under a Page 196 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 9 single safety management system, the operator of the petroleum facility is only required to pay— (i) if the fee under subsection (1) for any of the facilities is higher than the fee under that subsection for any of the other facilities—the highest of the fees; or Example for subparagraph (i)— If there is a facility that produces syngas and a facility that produces mineral (f) by an underground gasification activity and both facilities are operated at a single site under a single safety management system, the operator of the facilities is only required to pay a fee of $12,659 rather than fees totalling $18,987. (ii) otherwise—the fee for 1 of the facilities; and (b) if a facility is a facility of more than 1 facility type— (i) if the fee under subsection (1) for any of the facility types is higher than the fee under that subsection for any of the other facility types—the highest of the fees; or Example for subparagraph (i)— If there is a major processing facility that produces LPG from petroleum, the operator of the facility is only required to pay a fee of $12,659 rather than fees totalling $22,152. (ii) otherwise—the fee for 1 of the facility types. (3) In this section— facility type means a type of facility mentioned in subsection (1)(a) to (h).

6 Facility used to carry out a GHG storage activity (1) The safety and health fee payable for a financial year by the operator (the relevant GHG storage facility operator) of a facility, including a well, or a series of wells, and associated storage and injection equipment used to carry out injection of a GHG stream into the same or associated reservoirs that are part of the 1 GHG project (a relevant GHG storage facility) is Current as at 1 September 2017 Page 197 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 9 $12,659 for each GHG project for which any work was started by the operator during the year. (2) However, if the safety and health fees calculated under subsection (1) for all operators of relevant GHG storage facilities during the year exceeds the costs estimate for the category of liable person mentioned in section 135(2)(h) for the year, the safety and health fee payable for the year by the relevant GHG storage facility operator is the amount worked out using the formula— C × (F ⁄ T) where— C means the costs estimate. F means the number of relevant GHG storage facilities operated by the relevant GHG storage facility operator during the year. T means the number of relevant GHG storage facilities operated by all operators during the year.

7 Pipelines (1) The safety and health fee payable for a financial year by the operator (the relevant pipeline operator) of a pipeline under a pipeline licence or the operator of GHG stream pipeline under the GHG Storage Act or a distribution pipeline that is not part of a distribution system (a relevant pipeline) is $0.0003670 for each pipeline index for the pipeline. (2) The pipeline index for a pipeline means the amount calculated using the following formula— 2 PI = L × D where— D means the outside diameter (mm) of the pipeline. L means the length (km) of the pipeline. PI means the pipeline index. Page 198 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 9 (3) However, if the safety and health fees calculated under subsection (1) for all operators of relevant pipelines during the year exceeds the total of the costs estimates for the categories of liable person mentioned in section 135(2)(i), (j) and (k) for the year, the safety and health fee payable for the year by the relevant pipeline operator is the amount worked out using the formula— C × (P ⁄ T) where— C means the total of the costs estimates. P means the total of the pipeline indexes for all relevant pipelines operated by the relevant pipeline operator during the year. T means the total of the pipeline indexes for all relevant pipelines operated by all operators during the year.

8 Operating a distribution system The safety and health fee payable for a financial year by the operator of a distribution system is $192.10 for each kilometre of pipeline in the distribution system that was in commission for any period during the year.

10 Particular LPG delivery network that is operating plant (1) The safety and health fee payable for a financial year by the operator of an LPG delivery network for non-automotive LPG that is an operating plant, if the total capacity of fuel gas containers in the network for non-automotive LPG is more than 12,000L, is— (a) if the container index for the operator for the year is 10,000 or less—$2,867; or (b) if the container index for the operator for the year is more than 10,000 but not more than 50,000—$6,884; or (c) otherwise—$0.85 multiplied by the container index of the operator for the year. Current as at 1 September 2017 Page 199 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 9 (2) However, the maximum fee payable by the operator under subsection (1)(c) for a financial year is $633,064. (3) The container index of the operator for the year must be worked out using the following formula— CI = D ⁄ 40 + ( E × 2 ) + ( G × 5 ) + ( H × 25 ) where— CI is the container index. D is the number of fuel gas containers in the LPG delivery network at any time during the year with a capacity of less than 50L. E is the number of fuel gas containers in the LPG delivery network at any time during the year with a capacity of 50L or more but less than 1kL. G is the number of fuel gas containers in the LPG delivery network at any time during the year with a capacity of 1kL or more but less than 8kL. H is the number of fuel gas containers in the LPG delivery network at any time during the year with a capacity of 8kL or more.

11 Product supplier of automotive LPG The safety and health fee payable for a financial year by a product supplier of automotive LPG is $4.20 for each time the product supplier supplied automotive LPG to an automotive LPG site during the year.

12 Tanker delivery carrier The safety and health fee payable for a financial year by a tanker delivery carrier is $0.42 for each site the tanker delivery carrier delivers to. Page 200 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 9

13 Major consumer The safety and health fee for a financial year by a major consumer is as follows— (a) for a site operated by the major consumer, if the gas devices at the site have a total gas capacity of not more than 150GJ for each hour—$6,884; (b) for a site operated by the major consumer, if the gas devices at the site have a total gas capacity of more than 150 but not more than 500GJ for each hour—$10,901; (c) for a site operated by the major consumer, if the gas devices at the site have a total gas capacity of more than 500GJ for each hour—$13,195.

14 Biogas or gas derived from a waste disposal tip or during treatment of sewage The safety and health fee payable for a financial year by the operator of a facility that produces or processes biogas or gas derived from a waste disposal tip or during the treatment of sewage is $4,429 for each site operated by the operator during the year.

15 Entertainment events The safety and health fee payable for a financial year by the operator of a gas system used for special effects for entertainment or amusement purposes is $1,264 for each gas system operated by the person during the year.

16 Late fees (1) For section 142AA(3), the late fee for paying a safety and health fee after the payment date is the lesser of the following— (a) $630; (b) the safety and health fee. Current as at 1 September 2017 Page 201 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 9 (2) For section 140(3), the late fee for lodging a safety and health fee return after the last day for lodging the return under section 139(1) is $630. Page 202 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 12 Schedule 12 Dictionary section 3 acceptable level, for chapter 3, see section 64. AG means a code published by the Australian Gas Association. alter, for chapter 5, part 3, see section 97. alternative safety measures, for chapter 3, part 4, see section 74. applicant, for chapter 3, part 4, see section 74. AS 2885 means AS 2885 ‘Pipelines—gas and liquid petroleum Part 0 ‘General Requirements’ (2008) Part 1 ‘Design and construction’ (2012) Part 2 ‘Welding’ (2007) Part

3 ‘Operation and maintenance’ (2012) Part 4 ‘Offshore submarine pipeline systems’ (2010) Part 5 ‘Field pressure testing’ (2012)’. AS/IEC means a standard published jointly by Standards Australia and the International Electrotechnical Commission. AS/NZS means a standard published jointly by Standards Australia and Standards New Zealand. authorised certifier, for chapter 5, part 3, see section 97. authorised installer, for chapter 5, part 3, see section 97. authorised test station means— (a) a cylinder test station authorised by Standards Australia; or (b) another appropriately qualified person approved by the chief inspector for the purpose of this paragraph. automotive LPG means LPG that is intended for fuelling motor vehicles. automotive LPG site means a site that supplies automotive LPG. Current as at 1 September 2017 Page 203 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 12 Examples— • service station • depot where automotive LPG is used to refuel taxis bore means a water observation bore or a water supply bore. caravan— (a) means a structure— (i) that is designed or adapted for human habitation or use as a workshop or kitchen; and (ii) that can be moved from 1 place to another, whether by being towed by, or transported on, a vehicle or trailer; and (b) includes a vehicle designed or adapted for use as a structure mentioned in paragraph (a). category of liable person means each type of liable person mentioned in section 135(2). chief gas examiner, for chapter 7, part 1, see section 156. chief inspector of coal mines, for chapter 3, part 4, see section 74. CNG means compressed natural gas. coal mining operations see the Coal Mining Safety and Health Act, schedule 3. commencement, for chapter 7, part 1, see section 156. commercial vehicle or vessel, for chapter 5, part 3, see section 97. component, for chapter 6, part 2, division 4, subdivision 2, see section 148A. condensate means liquid formed as a result of condensation caused by reduced pressure and temperature of hydrocarbons in a gaseous state in a natural underground reservoir. construction and abandonment code means the document called ‘Code of Practice for Constructing and Abandoning Coal Seam Gas Wells and Associated Bores in Queensland’, Page 204 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 12 Edition 2.0, dated October 2013 and published on the department’s website. corresponding law, for chapter 5, part 3, see section 97. costs estimate, of safety and health operating costs for a relevant category of liable person for a financial year, see section 134AA(1). CSG tenure means a petroleum tenure or a 1923 Act petroleum tenure. cylinder means a cylinder to which AS 2030 ‘The verification, filling, inspection, testing and maintenance of cylinders for storage and transport of compressed gases’, part

1 ‘Cylinders for compressed gases other than acetylene’ (2009) applies. dealer, for chapter 5, part 3, see section 97. disposes of, for petroleum, see section 147(2). drilling operating plant means an operating plant used for any of the following— (a) to drill a prescribed well; (b) to complete, maintain or work on a prescribed well for the production of petroleum; (c) to plug and abandon a prescribed well. earlier return period see section 148A. existing, for chapter 7, part 1, see section 156. explosive has the meaning given under the Explosives Act 1999. flammable hydrocarbon gas means a gas consisting predominantly of hydrocarbons that, when mixed with air in certain proportions, forms an explosive gas atmosphere. fuel gas container means each of the following— (a) a cylinder; (b) a tank. fuel gas network means— Current as at 1 September 2017 Page 205 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 12 (a) a distribution system, including meters and meter regulators whether or not they are owned by the operator of the distribution system; and (b) an LPG delivery network, including a gas pressure regulator through which the LPG is delivered to a consumer’s gas system, whether or not the regulator is owned by the operator of the network. gas compliance certificate means— (a) for the installation of a gas system—the certification given as required under section 734(3) of the Act by the person who installs the system; or (b) for the inspection or alteration of a gas system, other than a gas fuel system—the certificate, in the approved form, given under section 105F(2) or 105G(2) by the authorised installer who inspects or alters the system. gas fitting means— (a) a component of a gas device (type A) or (type B); or (b) a thing used, or designed or intended for use— (i) with a gas device (type A) or (type B); or (ii) in the supply, distribution or consumption of fuel gas. gas fuel system means a gas system that supplies gas as a fuel to an engine. gas inspection certificate, for chapter 5, part 3, see section 97. gas work requirements, for chapter 5, part 5, see section 115C. geothermal well means an exploration bore as defined under the Geothermal Exploration Act 2004. GHG project means a group of facilities located in the same geographic area and used to carry out GHG injection activities operated under a single safety management system. GHG stream pipeline see the GHG storage Act, schedule 2. GHG well see the GHG storage Act, schedule 2. Page 206 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 12 hazard means a thing or situation with potential to cause harm to any of the following— (a) a person, including, for example, financial losses or increased liabilities; (b) property; (c) the environment. health professional see the Hospital and Health Boards Act 2011, schedule 2. horizontal well means a prescribed well, any part of which travels in a generally horizontal direction along a coal seam. hydraulic fracturing activities means a form of stimulation that involves specially engineered fluids being pumped at a high pressure and rate into a reservoir for the purpose of opening fractures. hydraulic fracturing fluid means a fluid that— (a) is a mixture of water, liquid chemicals and other additives, including, for example, proppants; and (b) is commonly known as slurry. identifying name— (a) for a bore, means a number by which the bore is identified in the Groundwater Database System operated by the chief executive of the department responsible for administering the Water Act 2000; or (b) for a petroleum well, means the unique identifying name and number for the well recorded in the register. immediately, for schedule 2, means without delay after the incident occurs, other than a delay caused by action taken to— (a) save the life of, or prevent further injury to, a person; or (b) contain damage to property. industrial appliance, for chapter 5, part 5, see section 115C. interstate gas compliance certificate, for chapter 5, part 3, see section 97. Current as at 1 September 2017 Page 207 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 12 interstate gas inspection certificate, for chapter 5, part 3, see section 97. ISO means a standard published by the International Organisation for Standardisation. job safety analysis means a method to identify existing and potential hazards associated with each step in an activity and to establish safe work practices for controlling or avoiding the hazards. liable person see section 135(1). LNG means liquefied natural gas. lower flammable limit alarm level, for an unplanned or uncontrolled release of a gas from an operating plant, means the concentration, expressed as a percentage, of the released gas in air at which a control system for the plant detailed in the plant’s safety management system is to be activated. LPGA automotive code of practice, for chapter 5, part 1, division 3, see section 88C. major consumer see section 135(2)(p). major processing facility means a petroleum processing facility that processes more than 2,000,000,000 cubic metres of petroleum during a financial year. mandatory standard see section 7(3). medical treatment, for schedule 2, does not include treatment that is not reasonably required to be administered by a health professional, whether or not a health professional administers the treatment. Examples of treatment that is not medical treatment— • initial cleaning of a wound, applying antiseptic or bandaging • treating a superficial burn • applying a hot or cold compress • other minor first aid treatment motor vehicle has the meaning given under the Transport Operations (Road Use Management) Act 1995. Page 208 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 12 non-automotive LPG means LPG other than automotive LPG. overlapping area, for chapter 3, part 2, division 2A—see section 72A. owner, for chapter 5, part 3, see section 97. payment date— (a) for an invoice given under section 141(1)— (i) if the invoice is not given within the period mentioned in section 141(1)—means the day that is 30 days after the day the invoice is given; or (ii) otherwise—means 10 December after the end of the financial year to which the invoice relates; or (b) for an invoice given under section 141(2) or a reissued invoice—means the day that is 30 days after the day the invoice is given. petroleum processing facility means— (a) a petroleum facility operated under a petroleum facility licence used for processing petroleum; or (b) a facility for processing petroleum operated under a petroleum lease or 1923 Act lease. petroleum product means any of the following— (a) coal seam gas; (b) condensate; (c) crude oil; (d) LPG; (e) processed natural gas. petroleum royalty decision see section 148E(3). preferred standard see section 7(4). prescribed well means— (a) a petroleum well; or (b) a well under the 1923 Act. Current as at 1 September 2017 Page 209 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 12 previous royalty return period, in relation to a royalty return period, means the royalty return period immediately preceding the royalty return period. production tubing hanger means a device screwed to the top of tubing used to produce petroleum from a well. product supplier, of automotive LPG, means a person who sells, or otherwise supplies on a commercial basis, automotive LPG to the owner or operator of an automotive LPG site. Example of supplies on a commercial basis— P provides automotive LPG to the operator of an automotive LPG site. The operator sells the automotive LPG to the owner of a motor vehicle for refuelling the vehicle. The operator receives commission on the sale and gives the remainder of the proceeds of the sale to P. proppant means well-sorted and consistently-sized sand or manufactured materials that are mixed into a hydraulic fracturing fluid to hold the fracture faces apart after the fluid used for hydraulic fracturing activities has been pumped under pressure into the well and the pressure has been released. quarterly period means each of the following 3-month periods in a year— (a) 1 January to 31 March; (b) 1 April to 30 June; (c) 1 July to 30 September; (d) 1 October to 31 December. reissued invoice see section 142(2). relevant category of liable person means each type of liable person mentioned in section 135(2)(a) to (f) and (h) to (k). relevant coal mining area, for chapter 3, see section 64. relevant coal or oil shale mining tenement holder, for chapter 3, part 4, see section 74. relevant entity, for chapter 6, part 2, division 4, subdivision 2, see section 148A. Page 210 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 12 relevant network operator, for a gas system to which fuel gas is supplied by a fuel gas network, means the operator of the fuel gas network. relevant requirement, for chapter 3, part 4, see section 74. repealed regulation, for chapter 7, part 1, see section 156. required information see section 139A(3). road tank vehicle means a road tank vehicle within the meaning of AS 2809 ‘Road tank vehicles for dangerous goods’, part 1 ‘General requirements’ (2008). royalty estimate notice see section 149B(1). safety and health fee means a fee payable under section 135. safety and health fee return see section 139(1). safety and health operating costs see section 134A. safety requirement means a safety requirement prescribed under section 669 of the Act. seismic survey means a survey carried out to determine the subsurface features by transmitting sound waves into the ground and measuring the time they take to return to the surface. shot hole means a hole that has been drilled for the purpose of firing an explosive in connection with carrying out a seismic survey. site occupier, for chapter 5, part 1, division 3, see section 88C. standard abandonment requirements, for a prescribed well, means the requirements mentioned in section 60(1). stated factor see section 148E(7). stimulation means a technique used to increase the permeability of a natural underground reservoir, including, for example, hydraulic fracturing, cavitations, fracture acidising, and the use of proppant treatments. syngas means a mixture of hydrogen, carbon monoxide and other gases (if any). Current as at 1 September 2017 Page 211 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Schedule 12 tanker delivery carrier means a person, other than a product supplier of automotive LPG, who delivers by tanker automotive LPG in bulk to an automotive LPG site. total gas capacity, for gas devices at a place or site, means the total of the maximum gas consumption capacities of the gas devices at the place or site. UCG well means a hole in the ground made or being made by drilling, boring or any other means as part of an underground gasification activity. used vehicle or vessel, for chapter 5, part 3, see section 97. vehicle means— (a) a caravan; or (b) a motor vehicle. vessel has the meaning given under the Transport Operations (Road Use Management) Act 1995, schedule 4. well completion equipment means equipment used to prepare a well for the production of oil and gas, and for other purposes, and includes a system of hangers, packers, tubulars and other tools installed below the wellhead in the production casing. wellhead value, for petroleum disposed of or, if section 147(1)(b) applies to the petroleum, produced by a petroleum producer, means the wellhead value of the petroleum worked out as required under section 148. wet geothermal production means the recovery of geothermal energy by the extraction of hot water from a subartesian basin. Page 212 Current as at 1 September 2017 Authorised by the Parliamentary Counsel Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes

1 Index to endnotes 2 Key 3 Table of reprints 4 List of legislation 5 List of annotations

2 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act (prev) = previously 1954 amd = amended proc = proclamation amd = amendment prov = provision t ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renu = renumbered m ins = inserted rep = repealed lap = lapsed (retro = retrospectively ) notf = notified rv = revised version d num = numbered s = section Current as at 1 September 2017 Page 213 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Key Explanation Key Explanation o in = order in council sch = schedule c om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2012 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnu = unnumbered m prev = previous

3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint Amendments Effective Notes No. included 1 none 31 December 2004 1A 2005 SL No. 103 1 July 2005 Page 214 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Reprint Amendments Effective Notes No. included 1B 2005 SL No. 300 11 December 2005 1C 2005 SL No. 263 1 January 2006 1D 2006 SL No. 110 1 July 2006 1E 2006 SL No. 293 1 January 2007 2 2007 SL No. 132 1 July 2007 2A 2007 SL No. 273 1 January 2008

2007 SL No. 312 2B 2008 SL No. 59 17 March 2008 2C 2007 SL No. 312 1 April 2008 2D 2008 SL No. 158 1 July 2008

2008 SL No. 192 2E 2008 SL No. 246 25 July 2008 3 2008 SL No. 263 1 September 2008 3A 2008 SL No. 401 5 December 2008 3B 2008 SL No. 366 1 January 2009

2008 SL No. 427 3C 2009 SL No. 73 1 July 2009 3D 2009 SL No. 73 1 September 2009 3E 2009 SL No. 186 4 September 2009 R3E withdrawn, see R4 4 — 4 September 2009 4A 2009 SL No. 296 11 December 2009 4B 2010 SL No. 1 29 January 2010 4C 2010 SL No. 142 25 June 2010 Current as at 1 September 2017 Page 215 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Reprint Amendments Effective Notes No. included 4D 2010 SL No. 143 30 June 2010 4E 2010 SL No. 116 1 July 2010 4F 2010 SL No. 116 1 September 2010

2010 SL No. 192 4G 2010 SL No. 248 17 September 2010 4H 2010 SL No. 259 1 October 2010 4I 2010 SL No. 297 29 October 2010 4J 2011 SL No. 32 1 April 2011 4K 2011 SL No. 35 8 April 2011 4L 2011 SL No. 44 15 April 2011 4M 2011 Act No. 16 19 May 2011 4N 2011 SL No. 113 30 June 2011 4O 2011 SL No. 44 1 July 2011 R4O withdrawn, see R5

2011 SL No. 112 5 — 1 July 2011 5A 2011 SL No. 94 1 September 2011 5B 2011 SL No. 242 25 November 2011 2011 SL No. 243 5C 2011 Act No. 18 1 January 2012

2011 SL No. 240

2011 SL No. 243

2011 SL No. 295 5D 2012 SL No. 89 1 July 2012

2012 SL No. 90 Page 216 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Reprint Amendments Effective Notes No. included 5E 2012 SL No. 105 23 July 2012 5F 2012 SL No. 105 1 September 2012 5G 2012 SL No. 169 1 October 2012 5H 2012 SL No. 226 7 December 2012 Amendments Current as at Notes included

28 March 2013 2013 SL No. 37 RA s 44

31 March 2013 2013 SL No. 37

1 July 2013 2013 SL No. 84

2013 SL No. 89

1 September 2013 2013 SL No. 84

2013 SL No. 170

4 October 2013 2013 SL No. 195 RA s 44

22 November 2013 2013 SL No. 235

1 July 2014 2013 SL No. 235 RA ss 27, 44A

2014 SL No. 78

2014 SL No. 94

2014 SL No. 103

2014 SL No. 117

2014 SL No. 123

2014 SL No. 136

1 September 2014 2014 SL No. 78

3 October 2014 2014 SL No. 227

31 October 2014 2014 SL No. 253 Current as at 1 September 2017 Page 217 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Amendments Current as at Notes included

19 December 2014 2014 SL No. 332

1 January 2015 2014 SL No. 332

8 May 2015 2015 SL No. 23

26 June 2015 2015 SL No. 51

1 July 2015 2015 SL No. 23

2015 SL No. 39

2015 SL No. 45

1 August 2015 2015 SL No. 79

1 September 2015 2015 SL No. 39

1 April 2016 2016 SL No. 25 RA s 30

1 July 2016 2016 SL No. 59

2016 SL No. 64

2016 SL No. 75

2016 SL No. 88

1 September 2016 2016 SL No. 59 RA s 26

2016 SL No. 154

27 September 2016 2016 SL No. 169 RA s 35

11 November 2016 2016 SL No. 196

3 February 2017 2017 SL No. 5

1 July 2017 2017 SL No. 71 RA s 35

2017 SL No. 106

1 September 2017 2017 SL No. 163 Page 218 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes

4 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Petroleum and Gas (Production and Safety) Regulation 2004 SL No. 309 made by the Governor in Council on 16 December 2004 notfd gaz 17 December 2004 pp 1277–85 ss 1–2 commenced on date of notification s 58 commenced 1 July 2005 (see s 2(1)) remaining provisions commenced 31 December 2004 (see s 2(2)) exp 31 August 2018 (see SIA s 56A(2) and SIR s 3 sch 2 pt 2) Notes—(1) The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. (2) A regulatory impact statement and explanatory note were prepared. amending legislation— Natural Resources and Mines Legislation Amendment Regulation (No. 1) 2005 SL No. 103 pts 1, 13 notfd gaz 3 June 2005 pp 415–19 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Natural Resources and Mines Legislation Amendment Regulation (No. 2) 2005 SL No. 263 pts 1, 3 notfd gaz 4 November 2005 pp 869–70 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2006 (see s 2) Petroleum and Gas (Production and Safety) and Other Legislation Amendment Regulation (No. 1) 2005 SL No. 300 pts 1, 3 notfd gaz 9 December 2005 pp 1375–8 ss 1–2 commenced on date of notification remaining provision commenced 11 December 2005 (see s 2(a)) Note—An explanatory note was prepared. Natural Resources Legislation Amendment Regulation (No. 1) 2006 SL No. 110 pts 1, 14 notfd gaz 2 June 2006 pp 572–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Mines and Energy Legislation Amendment Regulation (No. 1) 2006 SL No. 293 pts 1, 4 Current as at 1 September 2017 Page 219 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes notfd gaz 1 December 2006 pp 1587–90 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2007 (see s 2) Mines and Energy Legislation Amendment Regulation (No. 1) 2007 SL No. 132 pts 1, 9 notfd gaz 22 June 2007 pp 1018–20 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Mines and Energy Legislation Amendment Regulation (No. 2) 2007 SL No. 273 pts 1, 4 notfd gaz 9 November 2007 pp 1355–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2008 (see s 2) Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2007 SL No. 312 notfd gaz 7 December 2007 pp 1978–82 ss 1–2 commenced on date of notification s 50(3) commenced 1 April 2008 (see s 2(1)) remaining provisions commenced 1 January 2008 (see s 2(2)) Mines and Energy Legislation Amendment Regulation (No. 1) 2008 SL No. 59 pts 1, 4 notfd gaz 14 March 2008 pp 1469–72 ss 1–2 commenced on date of notification remaining provisions commenced 17 March 2008 (see s 2) Mines and Energy Legislation Amendment Regulation (No. 2) 2008 SL No. 158 pts 1, 3 notfd gaz 13 June 2008 pp 948–51 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) Mines and Energy Legislation Amendment Regulation (No. 3) 2008 SL No. 192 pts 1, 11 notfd gaz 27 June 2008 pp 1268–78 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2008 SL No. 246 notfd gaz 25 July 2008 pp 1838–41 commenced on date of notification Mines and Energy Legislation Amendment Regulation (No. 4) 2008 SL No. 263 pts 1–2 notfd gaz 22 August 2008 pp 2651–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2008 (see s 2) Page 220 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Mines and Energy Legislation Amendment Regulation (No. 5) 2008 SL No. 366 pts 1, 4 notfd gaz 7 November 2008 pp 1319–21 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2009 (see s 2) Petroleum and Gas (Production and Safety) Amendment Regulation (No. 2) 2008 SL No. 401 notfd gaz 5 December 2008 pp 1840–3 commenced on date of notification Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008 SL No. 427 ss 1–2, 253 sch 3 notfd gaz 12 December 2008 pp 2044–53 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2009 (see s 2) Mines and Energy Legislation Amendment Regulation (No. 1) 2009 SL No. 73 pts 1, 10 notfd gaz 5 June 2009 pp 486–8 ss 1–2 commenced on date of notification ss 32(3), (5), 33 commenced 1 September 2009 (see s 2(2)) remaining provisions commenced 1 July 2009 (see s 2(1)) Mines and Energy Legislation Amendment Regulation (No. 2) 2009 SL No. 186 s 1, pt 3 notfd gaz 4 September 2009 pp 77–8 commenced on date of notification Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2009 SL No. 296 notfd gaz 11 December 2009 pp 1187–91 commenced on date of notification Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2010 SL No. 1 notfd gaz 29 January 2010 pp 233–4 commenced on date of notification Mines and Energy Legislation Amendment Regulation (No. 1) 2010 SL No. 116 ss 1– 2, ch 2 pt 9, ch 3 pt 3 notfd gaz 18 June 2010 pp 529–35 ss 1–2 commenced on date of notification ch 2 pt 9 commenced 1 July 2010 (see s 2(1)) remaining provisions commenced 1 September 2010 (see s 2(2)) Mines and Energy Legislation Amendment Regulation (No. 2) 2010 SL No. 142 s 1, pt 2 notfd gaz 25 June 2010 pp 823–30 commenced on date of notification Current as at 1 September 2017 Page 221 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Petroleum and Gas (Production and Safety) Amendment Regulation (No. 2) 2010 SL No. 143 notfd gaz 25 June 2010 pp 823–30 ss 1–2 commenced on date of notification remaining provisions commenced 30 June 2010 (see s 2) Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 SL No. 192 ss 1–2, pt 9 div 1 notfd gaz 23 July 2010 pp 1196–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2010 (see s 2) Petroleum and Gas (Production and Safety) Amendment Regulation (No. 3) 2010 SL No. 248 notfd gaz 17 September 2010 pp 159–60 commenced on date of notification Mines and Energy Legislation Amendment Regulation (No. 3) 2010 SL No. 259 pts 1, 4 notfd gaz 24 September 2010 pp 209–10 ss 1–2 commenced on date of notification remaining provisions commenced 1 October 2010 (see s 2) Petroleum and Gas (Production and Safety) Amendment Regulation (No. 4) 2010 SL No. 297 notfd gaz 29 October 2010 pp 591–2 ss 1–2 commenced on date of notification remaining provisions commenced 29 October 2010 (see s 2) Mines and Energy Legislation Amendment Regulation (No. 1) 2011 SL No. 32 pts 1, 3 notfd gaz 1 April 2011 pp 553–4 commenced on date of notification Petroleum and Other Legislation Amendment Regulation (No. 1) 2011 SL No. 35 pts 1, 3 notfd gaz 8 April 2011 pp 588–9 commenced on date of notification Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2011 SL No. 44 notfd gaz 15 April 2011 pp 624–6 ss 1–2 commenced on date of notification ss 4, 32 commenced 15 April 2011 immediately after the commencement of the Mines and Energy Legislation Amendment Act 2010 No. 17 s 82 (see s 2(1) and

2011 SL No. 45) ss 13, 14(1), 29(2) commenced 1 July 2011 (see s 2(2)) remaining provisions commenced on date of notification Gas Security Amendment Act 2011 No. 16 s 1, pt 5 date of assent 19 May 2011 commenced on date of assent Page 222 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Work Health and Safety Act 2011 No. 18 ss 1–2, 404 sch 4 pt 1 date of assent 6 June 2011 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2012 (2011 SL No. 238) Mines Legislation Amendment Regulation (No. 1) 2011 SL No. 94 pts 1, 9 notfd gaz 17 June 2011 pp 430–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2011 (see s 2(2)) Petroleum and Gas (Production and Safety) Amendment Regulation (No. 2) 2011 SL No. 112 notfd gaz 24 June 2011 pp 534–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2011 immediately after the commencement of the Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2011 SL No. 44 ss 13, 14(1), 29(2) (see s 2) Petroleum and Gas (Production and Safety) Amendment Regulation (No. 3) 2011 SL No. 113 notfd gaz 24 June 2011 pp 534–8 ss 1–2 commenced on date of notification remaining provisions commenced 30 June 2011 (see s 2) Work Health and Safety Regulation 2011 SL No. 240 ss 1, 2(4), ch 14 pt 14.7 notfd gaz 25 November 2011 pp 603–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2012 on the commencement of s 277 of the Act (see s 2(4) and 2011 SL No. 238) Petroleum and Gas (Production and Safety) Amendment Regulation (No. 4) 2011 SL No. 242 notfd gaz 25 November 2011 pp 603–6 commenced on date of notification Note—A regulatory impact statement was prepared. Petroleum and Gas (Production and Safety) Amendment Regulation (No. 5) 2011 SL No. 243 notfd gaz 25 November 2011 pp 603–6 ss 1–2 commenced on date of notification ss 7, 8, 11(2), 12 commenced 1 January 2012 (see s 2) remaining provisions commenced on date of notification Resources Legislation Amendment Regulation (No. 1) 2011 SL No. 295 pts 1, 3 notfd gaz 9 December 2011 pp 729–35 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2012 (see s 2) Revenue Legislation Amendment Regulation (No. 1) 2012 SL No. 89 pts 1, 5 notfd gaz 29 June 2012 pp 704–10 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2012 (see s 2) Current as at 1 September 2017 Page 223 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Health and Hospitals Network and Other Legislation Amendment Regulation (No. 1)

2012 SL No. 90 ss 1–2, 41 sch notfd gaz 29 June 2012 pp 704–10 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2012 (see s 2) Natural Resources and Mines Legislation Amendment Regulation (No. 1) 2012 SL No. 105 ss 1, 2(1)(c)–(d), (3), pt 15 notfd gaz 20 July 2012 pp 863–7 ss 1–2 commenced on date of notification ss 36(3), (5), 37 commenced 1 September 2012 (see s 2(3)) remaining provisions commenced 23 July 2012 (see s 2(1)(c)–(d)) Resources Legislation and Another Regulation Amendment Regulation (No. 1) 2012 SL No. 169 pts 1, 3 notfd gaz 28 September 2012 pp 147–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 October 2012 (see s 2) Natural Resources and Mines Legislation Amendment Regulation (No. 2) 2012 SL No. 226 pts 1, 6 notfd gaz 7 December 2012 pp 480–2 ss 1–2 commenced on date of notification remaining provisions commenced 7 December 2012 (see s 2) Natural Resources and Mines Legislation Amendment Regulation (No. 1) 2013 SL No. 37 ss 1, 2(7)–(8), pt 7 notfd gaz 28 March 2013 pp 450–1 ss 1–2 commenced on date of notification pt 7 div 2 commenced 31 March 2013 immediately after the commencement of the Mines Legislation (Streamlining) Amendment Act 2012 No. 20, s 273 (see s 2(7)) pt 7 div 3 commenced 31 March 2013 immediately after the commencement of the Mining and Other Legislation Amendment Act 2013 No. 10, pt 10 div 3 (see s 2(8)) remaining provisions commenced on date of notification Natural Resources and Mines Legislation Amendment Regulation (No. 2) 2013 SL No. 84 pts 1, 15 notfd gaz 31 May 2013 pp 160–5 ss 1–2 commenced on date of notification ss 36(1) (to the extent it ins pt 4, ss 4(a) and (b) and 6(a) and (b)), 37 commenced 1 September 2013 (see s 2(1)(c)–(d)) remaining provisions commenced 1 July 2013 (see s 2(2)) Revenue Legislation Amendment Regulation (No. 1) 2013 SL No. 89 pts 1, 5 notfd gaz 7 June 2013 pp 250–1 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2013 (see s 2) Mineral Resources Regulation 2013 SL No. 170 ss 1–2, ch 4 pt 10 div 2 Page 224 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes notfd gaz 30 August 2013 pp 1069–70 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2013 (see s 2) Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2013 SL No. 195 notfd <www.legislation.qld.gov.au> 4 October 2013 commenced on date of notification Petroleum Legislation Amendment Regulation (No. 1) 2013 SL No. 235 pts 1, 3 notfd <www.legislation.qld.gov.au> 22 November 2013 ss 1–2 commenced on date of notification ss 26, 27(2) commenced 1 July 2014 (see s 2(2)) remaining provisions commenced 22 November 2013 (see s 2(1)) Natural Resources and Mines Legislation (Fees) Amendment Regulation (No. 1) 2014 SL No. 78 pts 1, 16 notfd <www.legislation.qld.gov.au> 30 May 2014 ss 1–2 commenced on date of notification ss 41(2), 42 commenced 1 September 2014 (see s 2(1)) remaining provisions commenced 1 July 2014 (see s 2(2)) Electricity and Another Regulation Amendment Regulation (No. 1) 2014 SL No. 94 pts 1, 3 notfd <www.legislation.qld.gov.au> 13 June 2014 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2014 immediately after the Natural Resources and Mines Legislation (Fees) Amendment Regulation (No. 1) 2014 (see s 2) Further Education and Training Regulation 2014 SL No. 103 pts 1, 7 notfd <www.legislation.qld.gov.au> 20 June 2014 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2014 (see s 2) Land and Other Legislation Amendment Regulation (No. 1) 2014 SL No. 117 pts 1, 3 notfd <www.legislation.qld.gov.au> 20 June 2014 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2014 immediately after the commencement of pt 10 of the Natural Resources and Mines Legislation (Fees) Amendment Regulation (No. 1) 2014 (see s 2) Revenue Legislation Amendment Regulation (No. 1) 2014 SL No. 123 pts 1, 6 notfd <www.legislation.qld.gov.au> 27 June 2014 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2014 (see s 2) Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2014 SL No. 136 notfd <www.legislation.qld.gov.au> 27 June 2014 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2014 (see s 2) Current as at 1 September 2017 Page 225 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Revenue Legislation Amendment Regulation (No. 2) 2014 SL No. 227 pts 1, 3 notfd <www.legislation.qld.gov.au> 3 October 2014 commenced on date of notification Petroleum and Gas (Production and Safety) Amendment Regulation (No. 2) 2014 SL No. 253 notfd <www.legislation.qld.gov.au> 31 October 2014 commenced on date of notification Petroleum and Gas (Production and Safety) Amendment Regulation (No. 3) 2014 SL No. 332 notfd <www.legislation.qld.gov.au> 19 December 2014 ss 1–2 commenced on date of notification s 5 commenced 1 January 2015 (see s 2) remaining provisions commenced on date of notification Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2015 SL No. 23 notfd <www.legislation.qld.gov.au> 8 May 2015 ss 1–2 commenced on date of notification s 7 commenced 1 July 2015 (see s 2) remaining provisions commenced on date of notification Natural Resources and Mines Legislation (Fees) Amendment Regulation (No. 1) 2015 SL No. 39 ss 1, 2(2)–(3), pt 16 notfd <www.legislation.qld.gov.au> 19 June 2015 ss 1–2 commenced on date of notification ss 49(3), (5) and 50 commenced 1 September 2015 (see s 2(2)) remaining provisions commenced 1 July 2015 (see s 2(3)) Revenue Legislation Amendment Regulation (No. 1) 2015 SL No. 45 ss 1, 2(2), pt 5 notfd <www.legislation.qld.gov.au> 26 June 2015 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2015 immediately after the commencement of the Natural Resources and Mines Legislation (Fees) Amendment Regulation (No. 1) 2015 (see s 2(2)) Petroleum Legislation Amendment Regulation (No. 1) 2015 SL No. 51 pts 1, 4 notfd <www.legislation.qld.gov.au> 26 June 2015 commenced on date of notification Petroleum and Gas (Production and Safety) Amendment Regulation (No. 2) 2015 SL No. 79 notfd <www.legislation.qld.gov.au> 31 July 2015 ss 1–2 commenced on date of notification remaining provisions commenced 1 August 2015 (see s 2) Revenue Legislation Amendment Regulation (No. 1) 2016 SL No. 25 pts 1, 3 notfd <www.legislation.qld.gov.au> 1 April 2016 commenced on date of notification Page 226 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Natural Resources and Mines Legislation (Fees) Amendment Regulation (No. 1) 2016 SL No. 59 pts 1, 16 notfd <www.legislation.qld.gov.au> 27 May 2016 ss 1–2 commenced on date of notification ss 48–49, 50(1), (3), (5), 51–66 commenced 1 July 2016 (see s 2(1)) ss 50(2), (4), 67 commenced 1 September 2016 (see s 2(2)) Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2016 SL No. 64 notfd <www.legislation.qld.gov.au> 27 May 2016 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2016 (see s 2) Biosecurity Regulation 2016 SL No. 75 ss 1–2, 129 sch 12 notfd <www.legislation.qld.gov.au> 17 June 2016 ss 1–2 commenced on date of notification s 129 sch 12 commenced 1 July 2016 immediately after the commencement of the Natural Resources and Mines Legislation (Fees) Amendment Regulation (No. 1) 2016, pt 11 (see s 2) Revenue Legislation Amendment Regulation (No. 2) 2016 SL No. 88 ss 1, 2(2), pt 5 notfd <www.legislation.qld.gov.au> 24 June 2016 ss 1–2 commenced on date of notification pt 5 commenced 1 July 2016 immediately after the commencement of the Natural Resources and Mines Legislation (Fees) Amendment Regulation (No. 1) 2016, ss 40, 51 (see s 2(2)) Transport Operations (Marine Safety) Regulation 2016 SL No. 154 ss 1–2, 253 sch 10 notfd <www.legislation.qld.gov.au> 26 August 2016 ss 1–2 commenced on date of notification s 253 sch 10 commenced 1 September 2016 (see s 2) Mineral and Energy Resources (Common Provisions) Regulation 2016 SL No. 169 ss 1–2, ch 7 pts 1 div 2, 3 div 5, s 109 sch 4 notfd <www.legislation.qld.gov.au> 23 September 2016 ss 1–2 commenced on date of notification ch 7 pts 1 div 2, 3 div 5, s 109 sch 4 commenced 27 September 2016 (see s 2) Petroleum and Gas (Production and Safety) Amendment Regulation (No. 2) 2016 SL No. 196 notfd <www.legislation.qld.gov.au> 11 November 2016 commenced on date of notification Mineral Resources and Other Legislation Amendment Regulation (No. 1) 2017 SL No. 5 pts 1, 3 notfd <www.legislation.qld.gov.au> 3 February 2017 commenced on date of notification Natural Resources and Mines Legislation (Fees) Amendment Regulation 2017 SL No. 71 notfd <www.legislation.qld.gov.au> 26 May 2017 ss 1–2 commenced on date of notification Current as at 1 September 2017 Page 227 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes pt 16 hdg, ss 47–48, 50–64 commenced 1 July 2017 (see s 2(1)) ss 49, 65 commence 1 September 2017 (see s 2(2)) Revenue Legislation (Fees) Amendment Regulation 2017 SL No. 106 notfd <www.legislation.qld.gov.au> 30 June 2017 ss 1–2 commenced on date of notification pt 5 commenced 1 July 2017 immediately after the commencement of the Natural Resources and Mines Legislation (Fees) Amendment Regulation 2017 s 48 (see s 2) Petroleum and Gas (Production and Safety) and Other Legislation Amendment Regulation 2017 SL No. 163 notfd <www.legislation.qld.gov.au> 25 August 2017 ss 1–2 commenced on date of notification pt 2 commenced 1 September 2017 (see s 2)

5 List of annotations References to the Act s 3A ins 2017 SL No. 163 s 4 Where documents mentioned in this regulation can be inspected s 4 amd 2009 SL No. 186 s 8; 2016 SL No. 169 s 102 PART 2A—LAND ACCESS CODE pt hdg ins 2010 SL No. 297 s 4 om 2016 SL No. 169 s 103 Land access code—Act, s 24A s 4A orig s 4A ins 2005 SL No. 300 s 7 om 2007 SL No. 312 s 4 prev s 4A ins 2010 SL No. 297 s 4 om 2016 SL No. 169 s 103 Substances that are petroleum s 5 amd 2005 SL No. 300 s 8; 2008 SL No. 401 s 3 om 2017 SL No. 163 s 5 Substances that are fuel gas s 6 amd 2005 SL No. 300 s 9 om 2017 SL No. 163 s 5 Substances prescribed for Act, s 402 s 6AA ins 2014 SL No. 332 s 4 om 2017 SL No. 163 s 5 Devices prescribed for Act, section 724(1), definition gas device (type A) s 6A ins 2011 SL No. 44 s 4 Mandatory and preferred standards for particular safety requirements s 7 amd 2007 SL No. 312 s 5 Page 228 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes References to CSG operator in construction and abandonment code s 7AA ins 2011 SL No. 243 s 4 Person must give inspector evidence of risk level for preferred standard s 7A ins 2007 SL No. 312 s 6 Prescribed quality for fuel gas s 8 amd 2005 SL No. 300 s 10; 2016 SL No. 196 s 3 Activities prescribed for definition of operating plant s 10 sub 2005 SL No. 300 s 11; 2007 SL No. 312 s 7 amd 2011 SL No. 44 s 5; 2015 SL No. 23 s 4; 2017 SL No. 163 s 6 Prescribed incidents s 11 amd 2007 SL No. 312 s 8 CHAPTER 2—EXPLORING FOR AND PRODUCING PETROLEUM PART 1—REPORTING pt hdg om 2017 SL No. 163 s 7 Division 1—Content of reports and notices required under the Act div hdg om 2017 SL No. 163 s 7 Subdivision 1—Preliminary sdiv hdg om 2017 SL No. 163 s 7 Definitions for div 1 s 12 amd 2011 SL No. 243 s 5; 2013 SL No. 37 s 50; 2016 SL No. 169 s 109 sch 4 om 2017 SL No. 163 s 7 Subdivision 2—Proposed initial work programs and development plans sdiv hdg om 2017 SL No. 163 s 7 Proposed authority to prospect—proposed initial work program s 13 om 2017 SL No. 163 s 7 Proposed petroleum lease—proposed initial development plan s 14 om 2017 SL No. 163 s 7 Subdivision 2A—Testing sdiv hdg ins 2016 SL No. 169 s 104 om 2017 SL No. 163 s 7 Notice of ATP production testing—Act, s 71A s 14A ins 2016 SL No. 169 s 104 om 2017 SL No. 163 s 7 Notice of ATP storage testing—Act, s 71B(2)(a) s 14B ins 2016 SL No. 169 s 104 om 2017 SL No. 163 s 7 Notice of stopping of testing—Act, s 71C s 14C ins 2016 SL No. 169 s 104 om 2017 SL No. 163 s 7 Current as at 1 September 2017 Page 229 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Notice of PL production testing—Act, s 150A(2)(a) s 14D ins 2016 SL No. 169 s 104 om 2017 SL No. 163 s 7 Notice of PL storage testing—Act, s 150C(2)(a) s 14E ins 2016 SL No. 169 s 104 om 2017 SL No. 163 s 7 Notice of stopping of testing—Act, s 150E s 14F ins 2016 SL No. 169 s 104 om 2017 SL No. 163 s 7 Subdivision 3—Change to production commencement day sdiv hdg prev sdiv 3 hdg om 2011 SL No. 243 s 6 pres sdiv 3 hdg ins 2014 SL No. 117 s 32 om 2017 SL No. 163 s 7 Shorter period to change production commencement day—Act, s 175AA(b) s 15 prev s 15 om 2011 SL No. 243 s 6 pres s 15 ins 2014 SL No. 117 s 32 amd 2016 SL No. 169 s 109 sch 4 om 2017 SL No. 163 s 7 Monitoring report s 16 om 2011 SL No. 243 s 6 Review report s 17 om 2011 SL No. 243 s 6 Pre-closure report s 18 om 2011 SL No. 243 s 6 Subdivision 4—Drilling, or converting petroleum well to, bore sdiv hdg sub 2013 SL No. 235 s 15 om 2017 SL No. 163 s 7 Notice of conversion s 19 amd 2013 SL No. 235 s 16 om 2017 SL No. 163 s 7 Prescribed information for notice about bore to Water Act regulator s 19A ins 2013 SL No. 235 s 17 om 2017 SL No. 163 s 7 Subdivision 5—Relinquishment sdiv hdg om 2017 SL No. 163 s 7 Relinquishment report for an authority to prospect s 20 amd 2012 SL No. 226 s 22 om 2017 SL No. 163 s 7 Relinquishment report for a petroleum lease s 21 amd 2012 SL No. 226 s 23 om 2017 SL No. 163 s 7 Page 230 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Subdivision 6—End of tenure sdiv hdg om 2017 SL No. 163 s 7 End of tenure report s 22 amd 2012 SL No. 226 s 24 om 2017 SL No. 163 s 7 Subdivision 6A—End of authority sdiv hdg ins 2008 SL No. 59 s 13 om 2017 SL No. 163 s 7 End of authority report s 22A om 2017 SL No. 163 s 7 Subdivision 7—Annual reports sdiv hdg om 2017 SL No. 163 s 7 Annual report for an authority to prospect s 23 om 2008 SL No. 59 s 14 Annual report for a petroleum lease s 24 om 2008 SL No. 59 s 14 Annual report for a data acquisition authority or survey licence s 25 om 2008 SL No. 59 s 14 Annual report for a water monitoring authority s 26 om 2009 SL No. 186 s 9 Annual report for a petroleum facility licence or pipeline licence s 27 amd 2009 SL No. 186 s 10 om 2017 SL No. 163 s 7 Subdivision 8—Surrenders sdiv hdg om 2017 SL No. 163 s 7 Surrender report for a petroleum lease s 28 om 2017 SL No. 163 s 7 Surrender report for a pipeline licence s 29 om 2017 SL No. 163 s 7 Division 2—Other notices and reports div hdg om 2017 SL No. 163 s 7 Subdivision 1—Preliminary sdiv hdg om 2017 SL No. 163 s 7 Purpose of div 2 s 30 amd 2015 SL No. 51 s 17 om 2017 SL No. 163 s 7 Subdivision 2—Notices sdiv hdg om 2017 SL No. 163 s 7 Current as at 1 September 2017 Page 231 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Owners and occupiers to be given copy of notices required to be lodged under this subdivision s 30A ins 2011 SL No. 35 s 11 om 2017 SL No. 163 s 7 Notice of intention to drill a petroleum well or bore s 31 amd 2010 SL No. 142 s 3; 2011 SL No. 35 s 12; 2016 SL No. 169 s 109 sch 4 om 2017 SL No. 163 s 7 Notice of completion, alteration or abandonment of petroleum well or bore s 32 amd 2010 SL No. 142 s 4 om 2017 SL No. 163 s 7 Notice of intention to carry out seismic survey or scientific or technical survey s 33 amd 2016 SL No. 169 s 109 sch 4 om 2017 SL No. 163 s 7 Notice of completion of seismic survey or scientific or technical survey s 34 om 2017 SL No. 163 s 7 Notice of intention to carry out hydraulic fracturing activities s 35 prev s 35 om 2010 SL No. 142 s 5 pres s 35 ins 2011 SL No. 35 s 13 om 2017 SL No. 163 s 7 Notice of completion of hydraulic fracturing activities s 35A ins 2011 SL No. 35 s 13 amd 2015 SL No. 23 s 5 om 2017 SL No. 163 s 7 Subdivision 3—Well and bore reports sdiv hdg sub 2013 SL No. 235 s 18 om 2017 SL No. 163 s 7 Daily drilling report s 36 amd 2015 SL No. 51 s 18 om 2017 SL No. 163 s 7 Well or bore completion report s 37 amd 2010 SL No. 142 s 6; 2013 SL No. 235 s 19; 2015 SL No. 51 s 19 om 2017 SL No. 163 s 7 Well or bore abandonment report s 38 amd 2013 SL No. 235 s 20; 2015 SL No. 51 s 20; 2016 SL No. 169 s 109 sch 4 om 2017 SL No. 163 s 7 Subdivision 4—Survey reports sdiv hdg om 2017 SL No. 163 s 7 Seismic survey report s 39 om 2017 SL No. 163 s 7 Scientific or technical survey report s 40 om 2017 SL No. 163 s 7 Page 232 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Subdivision 5—Petroleum reports sdiv hdg om 2017 SL No. 163 s 7 Definition for sdiv 5 s 41 om 2017 SL No. 163 s 7 How particular volumes must be stated in reports s 42 om 2017 SL No. 163 s 7 Petroleum production report—petroleum lease s 43 om 2017 SL No. 163 s 7 Petroleum reserves report s 44 om 2017 SL No. 163 s 7 Production testing report s 45 amd 2016 SL No. 169 s 105 om 2017 SL No. 163 s 7 Petroleum transmission report s 46 om 2015 SL No. 51 s 21 Subdivision 6—Hydraulic fracturing activities completion report sdiv hdg ins 2011 SL No. 35 s 14 om 2017 SL No. 163 s 7 Hydraulic fracturing activities completion report s 46A ins 2011 SL No. 35 s 14 amd 2015 SL No. 23 s 6; 2016 SL No. 169 s 109 sch 4 om 2017 SL No. 163 s 7 Division 3—Other matters relating to records and samples div hdg om 2017 SL No. 163 s 7 Samples required to be kept s 47 amd 2008 SL No. 59 s 15; 2015 SL No. 51 s 22 om 2017 SL No. 163 s 7 Cutting samples s 48 amd 2015 SL No. 51 s 23 om 2017 SL No. 163 s 7 Cores s 49 amd 2015 SL No. 51 s 24 om 2017 SL No. 163 s 7 Fluid samples s 50 amd 2015 SL No. 51 s 25 om 2017 SL No. 163 s 7 Confidentiality of required information for petroleum tenure holders s 51 amd 2010 SL No. 142 s 7; 2011 SL No. 35 s 15; 2012 SL No. 226 s 25; 2013 SL No. 235 s 21 om 2017 SL No. 163 s 7 Current as at 1 September 2017 Page 233 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Publication of required information s 52 om 2017 SL No. 163 s 7 Record of supply of gas from PGPLR land—Act, s 175H(2) s 52A ins 2011 SL No. 113 s 4 om 2017 SL No. 163 s 7 Tenure holder to ensure compliance with construction and abandonment code s 54AAA ins 2011 SL No. 243 s 7 sub 2013 SL No. 235 s 22 Operator to ensure competency requirements are met s 54AA ins 2007 SL No. 312 s 9 amd 2011 SL No. 243 s 8; 2013 SL No. 235 s 23 sub 2014 SL No. 332 s 5 General requirements for training and supervision s 54A ins 2005 SL No. 300 s 12 Training program for persons using well completion equipment s 54B ins 2005 SL No. 300 s 12 Requirements for job safety analysis in particular circumstances s 54C ins 2005 SL No. 300 s 12 Emergency shut down system for devices that are sources of ignition s 54D ins 2005 SL No. 300 s 12 amd 2009 SL No. 186 s 11; 2016 SL No. 169 s 109 sch 4 Requirement to keep bore pressure low when using well completion equipment s 54E ins 2005 SL No. 300 s 12 Requirement to survey the surface location and elevation of a prescribed well s 55 amd 2008 SL No. 59 s 16; 2009 SL No. 186 s 12; 2010 SL No. 116 s 38 Additional downhole survey required if prescribed well or bore intersects a coal seam s 57 amd 2013 SL No. 235 s 24; 2016 SL No. 196 s 4 Stated pipeline licence incidental activities s 58A ins 2013 SL No. 37 s 49 amd 2014 SL No. 136 s 4 PART 3—OTHER REQUIREMENTS Division 1—Additional requirements for safety management systems div hdg ins 2005 SL No. 300 s 13 amd 2016 SL No. 169 s 109 sch 4 Subdivision 1—Drilling operating plant sdiv hdg ins 2011 SL No. 44 s 6 Operation of sdiv 1 s 59 sub 2005 SL No. 300 s 13 amd 2011 SL No. 44 s 7; 2016 SL No. 169 s 109 sch 4 Page 234 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Particular risk assessment for drilling near coal mining areas s 59A ins 2005 SL No. 300 s 13 amd 2016 SL No. 169 s 109 sch 4 Requirement for identification of, and controls for, ignition sources for safety management system s 59B ins 2005 SL No. 300 s 13 amd 2016 SL No. 169 s 109 sch 4 Standard operating procedures for well completion equipment s 59C ins 2005 SL No. 300 s 13 amd 2016 SL No. 169 s 109 sch 4 Subdivision 2—Operating plant for processing etc. petroleum sdiv hdg ins 2011 SL No. 44 s 8 Lower flammable limit alarm levels for unplanned or uncontrolled gas releases s 59D ins 2011 SL No. 44 s 8 amd 2016 SL No. 169 s 109 sch 4 Division 2—Other requirements for wells, bores and holes div hdg ins 2005 SL No. 300 s 13 Drilling, or converting prescribed well to, bore s 59E ins 2013 SL No. 235 s 25 amd 2017 SL No. 163 s 8 Plugging and abandoning a prescribed well or bore s 60 amd 2009 SL No. 186 s 13; 2017 SL No. 163 s 9 Requirement to plug shot holes s 61 amd 2017 SL No. 163 s 10 Manufacturer’s instructions for well completion equipment s 61A ins 2005 SL No. 300 s 14 Division 3—Measuring and reporting the taking of non-associated water div hdg ins 2017 SL No. 5 s 6 om 2017 SL No. 163 s 11 Requirements for measuring the taking of non-associated water—Act, s 186(4) s 61B ins 2017 SL No. 5 s 6 om 2017 SL No. 163 s 11 Requirements for reporting the taking of non-associated water—Act, s 186(4) s 61C ins 2017 SL No. 5 s 6 om 2017 SL No. 163 s 11 Chief executive may review alternative method s 61D ins 2017 SL No. 5 s 6 om 2017 SL No. 163 s 11 CHAPTER 3—SAFETY PROVISIONS RELATING TO COAL MINING Purpose of ch 3 Current as at 1 September 2017 Page 235 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes s 62 amd 2016 SL No. 169 s 109 sch 4 Additional requirements relating to coal mining for safety management system s 65 amd 2016 SL No. 169 s 109 sch 4 Description of location of particular hazards in safety reports s 66 amd 2009 SL No. 186 s 14 Coal seam gas potential hazard guide s 67 amd 2016 SL No. 169 s 109 sch 4 PART 2—SAFETY REQUIREMENTS Requirement to remove particular equipment from coal seam s 69 amd 2005 SL No. 300 s 15 amd 2017 SL No. 163 s 12 Requirement to cement particular voids in a prescribed well s 70 amd 2016 SL No. 169 s 109 sch 4 Division 2A—Safety provisions relating to overlapping coal and petroleum resource authorities div hdg ins 2016 SL No. 169 s 74 Definition for division s 72A ins 2016 SL No. 169 s 74 Additional information required for joint interaction management plan—co- ordination of obligations s 72B ins 2016 SL No. 169 s 74 Requirements for providing information about hydraulic fracturing s 72C ins 2016 SL No. 169 s 74 amd 2017 SL No. 163 s 13 Requirements for vehicle safety s 72D ins 2016 SL No. 169 s 74 Requirements for wells, bores and voids s 72E ins 2016 SL No. 169 s 74 Additional safety requirement—casing for wells and bores s 72F ins 2016 SL No. 169 s 74 Additional safety requirement—requirement to remove particular equipment from wells and bores s 72G ins 2016 SL No. 169 s 74 Additional safety requirement—requirement to fill wells, bores and voids s 72H ins 2016 SL No. 169 s 74 Additional requirement for operator of an operating plant in or adjacent to the area of a coal mining lease s 73 amd 2010 SL No. 143 s 4 Definitions for pt 4 Page 236 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes s 74 def relevant requirement amd 2016 SL No. 169 s 75 Application for exemption s 76 amd 2005 SL No. 300 s 16; 2012 SL No. 226 s 26 Notice of application to be given to relevant coal or oil shale mining tenement holder s 77 amd 2005 SL No. 300 s 17; 2012 SL No. 226 s 27 Consideration of application by chief inspector s 78 amd 2005 SL No. 300 s 18 Chief inspector to decide application s 79 amd 2016 SL No. 169 s 109 sch 4 Requirement for decommissioning pipelines s 81 amd 2014 SL No. 136 s 5 CHAPTER 5—FUEL GAS PART 1—DISTRIBUTION OF FUEL GAS Required gauge pressure s 84 amd 2007 SL No. 312 s 10 Safety requirement for network operator to supply fuel gas to gas system s 84A ins 2011 SL No. 44 s 9 Testing, inspection and maintenance of fuel gas containers s 85 amd 2005 SL No. 300 s 19; 2007 SL No. 312 s 11 Operator of LPG delivery network must ensure only particular persons supply LPG through the network s 86 amd 2007 SL No. 312 s 12; 2016 SL No. 169 s 109 sch 4 Fuel gas network operator must arrange attendance for particular incidents s 87 amd 2007 SL No. 312 s 13 Fuel gas network operator must keep records s 88 amd 2005 SL No. 300 s 20; 2007 SL No. 312 s 14; 2009 SL No. 296 s 3; 2016 SL No. 196 s 5 LPG delivery network operator must give chief inspector contact details s 88A ins 2007 SL No. 312 s 15 Division 3—Safety requirements for automotive LPG sites div hdg ins 2007 SL No. 312 s 15 Purpose of div 3 s 88B ins 2007 SL No. 312 s 15 Definitions for div 3 s 88C ins 2007 SL No. 312 s 15 def LPGA automotive code of practice amd 2011 SL No. 243 s 9 Safety management system for automotive LPG site s 88D ins 2007 SL No. 312 s 15 Current as at 1 September 2017 Page 237 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes amd 2016 SL No. 169 s 109 sch 4 Restrictions on product supplier supplying automotive LPG s 88E ins 2007 SL No. 312 s 15 amd 2016 SL No. 169 s 109 sch 4 Product supplier must give chief inspector contact details s 88F ins 2007 SL No. 312 s 15 Division 4—Generic SMS div hdg ins 2007 SL No. 312 s 15 amd 2016 SL No. 169 s 109 sch 4 Prescription of generic SMS s 88G ins 2007 SL No. 312 s 15 amd 2011 SL No. 44 s 10 sub 2013 SL No. 195 s 3; 2015 SL No. 23 s 7 amd 2016 SL No. 169 s 109 sch 4 Persons to be given copy of relevant certificate for installation at operating plant s 91 amd 2007 SL No. 312 s 16 sub 2009 SL No. 296 s 4 amd 2011 SL No. 44 s 11; 2016 SL No. 169 s 109 sch 4 Prescribed persons, installation stage and period for giving gas compliance certificate for installation not at operating plant—Act, s 734 s 91A ins 2009 SL No. 296 s 4 amd 2011 SL No. 44 s 12 Prescribed compliance plate and related matters for gas system installation—Act, s 734 s 91B ins 2011 SL No. 44 s 13 amd 2011 SL No. 112 s 4 Requirements to be complied with before supplying fuel gas to a gas system s 92 amd 2005 SL No. 300 s 21; 2007 SL No. 312 s 17; 2009 SL No. 186 s 15; 2011 SL No. 44 s 14; 2013 SL No. 235 s 26; 2016 SL No. 196 s 6 General obligations of owner of a gas system s 93 amd 2007 SL No. 312 s 18 User must report safety concerns to owner of gas system s 94 amd 2007 SL No. 312 s 19 Owner of gas system must address user’s safety concern s 95 amd 2007 SL No. 312 s 20 PART 3—GAS SYSTEMS IN VEHICLES AND VESSELS AND FOR STATIONARY ENGINES pt hdg amd 2005 SL No. 300 s 22 Division 1—Preliminary div hdg ins 2005 SL No. 300 s 23 Application of pt 3 Page 238 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes s 96 om 2005 SL No. 300 s 24 Definitions for pt 3 s 97 def alter ins 2005 SL No. 300 s 25(2) def authorised certifier sub 2005 SL No. 300 s 25(1)–(2) def authorised installer ins 2005 SL No. 300 s 25(2) def commercial vehicle or vessel sub 2005 SL No. 300 s 25(1)–(2) def corresponding law ins 2005 SL No. 300 s 25(2) def domestic commercial vessel national law ins 2016 SL No. 154 s 253 sch 10 def gas inspection certificate ins 2007 SL No. 312 s 21(2) def inspection certificate sub 2005 SL No. 300 s 25(1)–(2) om 2007 SL No. 312 s 21(1) def interstate gas compliance certificate ins 2005 SL No. 300 s 25(2) amd 2007 SL No. 312 s 21(3) def interstate gas inspection certificate ins 2005 SL No. 300 s 25(2) amd 2007 SL No. 312 s 21(4) def owner sub 2007 SL No. 312 s 21(1)–(2) amd 2016 SL No. 154 s 253 sch 10 def used vehicle or vessel sub 2005 SL No. 300 s 25(1)–(2) Division 2—Gas fuel systems div hdg ins 2005 SL No. 300 s 26 Application of div 2 s 97A ins 2005 SL No. 300 s 26 New vehicle or vessel must not be offered for sale without gas inspection certificate or gas compliance plate s 98 sub 2005 SL No. 300 s 27 amd 2007 SL No. 312 s 22 Copy of gas inspection certificate to be given to new owner of used vehicle or vessel s 99 sub 2005 SL No. 300 s 27 amd 2007 SL No. 312 s 23; 2011 SL No. 44 s 15 Owner of commercial vehicle or vessel must ensure its gas fuel system is inspected and certified s 100 amd 2005 SL No. 300 s 28; 2007 SL No. 312 s 24 Prescribed persons, installation stage and period for giving gas inspection certificate for installation—Act, s 734 s 100A ins 2009 SL No. 296 s 5 amd 2011 SL No. 44 s 16; 2013 SL No. 37 s 51 Issue of gas inspection certificate for gas fuel system in vehicle or vessel or for stationary engine s 101 sub 2005 SL No. 300 s 29; 2007 SL No. 312 s 25 amd 2011 SL No. 44 s 17 Certification for alterations to a gas fuel system in a vehicle or vessel or for a stationary engine s 102 sub 2005 SL No. 300 s 29 Current as at 1 September 2017 Page 239 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes amd 2007 SL No. 312 s 26; 2010 SL No. 248 s 3 Labelling requirements for LPG gas fuel systems in vehicles s 103 amd 2005 SL No. 300 s 30; 2009 SL No. 186 s 16; 2014 SL No. 136 s 6 Use of gas fuel system for propulsion of a vessel s 104 amd 2005 SL No. 300 s 31 Requirements for owner of vehicle or vessel or for a stationary engine s 105 sub 2005 SL No. 300 s 32 amd 2007 SL No. 312 s 27 Non-application of ss 98 to 100 to owner of vehicle or vessel in exempt area s 105A ins 2005 SL No. 300 s 33 amd 2007 SL No. 312 s 28; 2010 SL No. 192 s 51 Person selling or transferring vehicle or vessel without a gas inspection certificate must advise s 105AB ins 2007 SL No. 312 s 29 Division 3—Other gas systems div hdg ins 2005 SL No. 300 s 34 Application of div 3 s 105B ins 2005 SL No. 300 s 34 New vehicle or vessel must not be offered for sale without a gas compliance certificate s 105C ins 2005 SL No. 300 s 34 amd 2007 SL No. 312 s 30 Copy of gas compliance certificate to be given to new owner of used vehicle or vessel s 105D ins 2005 SL No. 300 s 34 amd 2007 SL No. 312 s 31 Owner of commercial vehicle or vessel must ensure its gas systems are inspected and certified s 105E ins 2005 SL No. 300 s 34 amd 2007 SL No. 312 s 32 Prescribed person and installation stage for giving gas compliance certificate for installation—Act, s 734 s 105EA ins 2009 SL No. 296 s 6 amd 2011 SL No. 44 s 18 Issue of compliance certificates for gas systems in vehicle or vessel s 105F ins 2005 SL No. 300 s 34 sub 2007 SL No. 312 s 33 amd 2011 SL No. 44 s 19 Certification by person who alters a gas system in a vehicle or vessel s 105G ins 2005 SL No. 300 s 34 amd 2007 SL No. 312 s 34; 2010 SL No. 248 s 4 PART 3A—OTHER PLANT AND EQUIPMENT pt hdg ins 2009 SL No. 296 s 7 Page 240 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Application of pt 3A s 105H ins 2009 SL No. 296 s 7 Persons to be given copy of relevant certificate for installation at operating plant s 105I ins 2009 SL No. 296 s 7 amd 2011 SL No. 44 s 20; 2016 SL No. 169 s 109 sch 4 Prescribed person and installation stage for giving gas compliance certificate for installation not at operating plant—Act, s 734 s 105J ins 2009 SL No. 296 s 7 amd 2011 SL No. 44 s 21 Repair of gas work that does not comply with the Act s 107 amd 2007 SL No. 312 s 35 Gas devices (type A) s 108 om 2011 SL No. 44 s 22 Additional requirements for safety management systems—lower flammable limit alarm levels for unplanned or uncontrolled gas releases s 113A ins 2011 SL No. 44 s 23 amd 2016 SL No. 169 s 109 sch 4 Offence to transfer LPG between fuel gas containers in residential areas s 114 amd 2005 SL No. 300 s 35 Causing existing gas system to not comply with safety requirements s 115A ins 2007 SL No. 312 s 36 amd 2010 SL No. 143 s 5; 2011 SL No. 243 s 10; 2014 SL No. 136 s 7 Water heaters—registration and labelling s 115B ins 2011 SL No. 242 s 3 PART 5—GAS WORK LICENCES AND AUTHORISATIONS Division 1—Gas work licences div hdg om 2014 SL No. 253 s 3 Definitions for pt 5 s 115C ins 2014 SL No. 253 s 4 Qualifications or experience for gas work licences and gas work authorisations—Act, s 728C(2)(a) s 116 amd 2007 SL No. 312 s 37; 2010 SL No. 116 s 39; 2011 SL No. 44 s 24 sub 2014 SL No. 253 s 4 Particular apprentices and trainees taken to be holders of gas work licence s 117 amd 2007 SL No. 312 s 38; 2014 SL No. 103 s 18; 2014 SL No. 253 s 5 Annual fee payable by holder of gas work licence or gas work authorisation s 118 sub 2014 SL No. 253 s 6 Division 2—Gas work authorisations div hdg om 2014 SL No. 253 s 7 Current as at 1 September 2017 Page 241 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Definition for div 2 s 119 om 2014 SL No. 253 s 8 Types of gas work authorisations s 120 amd 2005 SL No. 300 s 36; 2011 SL No. 44 s 25 What gas work authorisation (hydrocarbon refrigerant) authorises s 121 amd 2005 SL No. 300 s 37 om 2011 SL No. 44 s 26 What gas work authorisation (industrial appliances) authorises s 122 amd 2007 SL No. 312 s 39; 2014 SL No. 136 s 8 What gas work authorisation (major project) authorises s 123 amd 2005 SL No. 300 s 38; 2007 SL No. 312 s 40 What gas work authorisation (motor fuel) authorises s 124 sub 2005 SL No. 300 s 39 amd 2007 SL No. 312 s 41 What gas work authorisation (servicing) authorises s 125 amd 2005 SL No. 300 s 40; 2011 SL No. 44 s 27 Qualifications or experience for gas work authorisation s 125A ins 2005 SL No. 300 s 41 om 2014 SL No. 253 s 9 Annual fee payable by holder of a gas work authorisation s 126 om 2014 SL No. 253 s 9 Division 3—General provisions for gas work licences and authorisations div hdg ins 2005 SL No. 300 s 42 om 2014 SL No. 253 s 10 Notice of change in circumstances s 126A ins 2005 SL No. 300 s 42 Returning suspended or cancelled gas work licence or authorisation to chief inspector s 126B ins 2005 SL No. 300 s 42 Existing gas work licence or authorisation taken to be in force while application is considered s 126C ins 2005 SL No. 300 s 42 CHAPTER 6—MISCELLANEOUS PART 1—MEASUREMENT pt hdg om 2017 SL No. 163 s 14 Requirements for measurement scheme s 127 om 2017 SL No. 163 s 14 Tolerance for error for a meter s 128 om 2017 SL No. 163 s 14 Page 242 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Other requirements for accuracy of meter—100TJ to 1PJ s 129 om 2017 SL No. 163 s 14 Other requirements for accuracy of meter—over 1PJ s 130 om 2017 SL No. 163 s 14 Requirement for gas pressure regulator s 131 om 2017 SL No. 163 s 14 Metering factors s 132 om 2017 SL No. 163 s 14 PART 2—FEES AND ROYALTIES ETC. pt hdg amd 2017 SL No. 163 s 15 Fees generally s 133 amd 2006 SL No. 293 s 8 Payment of annual licence fee for pipeline or petroleum facility licence s 134 sub 2008 SL No. 263 s 4 om 2017 SL No. 163 s 16 Payment of annual fee for national energy market regulation s 134AAA ins 2014 SL No. 94 s 9 om 2017 SL No. 163 s 16 Division 2—Safety and health fees div hdg amd 2010 SL No. 143 s 6 Subdivision 1—Purpose of fees and liability to pay fees sdiv hdg sub 2010 SL No. 143 s 7 Purpose of safety and health fees s 134A ins 2010 SL No. 143 s 7 amd 2010 SL No. 248 s 5; 2011 Act No. 16 s 30; 2013 SL No. 195 s 4 Estimation and publication of safety and health costs s 134AA ins 2013 SL No. 195 s 5 amd 2014 SL No. 136 s 9 Who is liable to pay a safety and health fee s 135 amd 2005 SL No. 300 s 43; 2007 SL No. 132 s 18; 2007 SL No. 312 s 42;

2010 SL No. 143 s 8; 2011 SL No. 44 s 28; 2011 Act No. 18 s 404 sch 4 pt 1;

2015 SL No. 23 s 8 sub 2013 SL No. 195 s 6 amd 2016 SL No. 169 s 109 sch 4 Who is not liable to pay a safety and health fee s 135A ins 2013 SL No. 195 s 6 Subdivision 2—Payment of fixed fee by major consumers sdiv 2 (ss 136–137) om 2007 SL No. 132 s 19 Subdivision 3—Lodgement of safety and health fee return and payment of fee sdiv hdg amd 2007 SL No. 132 s 20; 2010 SL No. 143 s 9 Current as at 1 September 2017 Page 243 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes sub 2013 SL No. 195 s 7 Application of sdiv 3 s 138 amd 2007 SL No. 132 s 21 om 2013 SL No. 195 s 7 Requirement to lodge safety and health fee return s 139 amd 2005 SL No. 300 s 44; 2007 SL No. 132 s 22; 2009 SL No. 186 s 17;

2010 SL No. 143 s 10; 2010 SL No. 248 s 6; 2011 Act No. 16 s 31 sub 2013 SL No. 195 s 8 amd 2016 SL No. 196 s 7 Requirements for safety and health fee return s 139A ins 2013 SL No. 195 s 8 amd 2014 SL No. 136 s 10; 2015 SL No. 23 s 9; 2016 SL No. 169 s 109 sch 4 Fee for late lodgement of safety and health fee return s 140 amd 2009 SL No. 186 s 18; 2010 SL No. 143 s 11 Requirement for invoice to be given s 141 sub 2010 SL No. 143 s 12; 2013 SL No. 195 s 9 Invoice may be reissued if incorrect s 142 amd 2010 SL No. 143 s 13 sub 2013 SL No. 195 s 9 Date for payment s 142AA ins 2013 SL No. 195 s 9 Interest payable on unpaid fees s 142A ins 2010 SL No. 143 s 14 Notice may be given to liable person if return not lodged or is inadequate s 143 amd 2010 SL No. 143 s 15; 2010 SL No. 248 s 6; 2013 SL No. 195 s 10 Subdivision 4—Overpayment of safety and health fee sdiv hdg amd 2010 SL No. 143 s 9 Refund of overpayment of safety and health fee s 144 amd 2010 SL No. 143 s 16; 2010 SL No. 248 s 6 Division 3—Rents div hdg om 2017 SL No. 163 s 17 Annual rent s 145 amd 2005 SL No. 263 s 8; 2008 SL No. 158 s 13 om 2017 SL No. 163 s 17 Storage rent payable by owner of stored petroleum or prescribed storage gas s 146 amd 2005 SL No. 263 s 9; 2008 SL No. 158 s 14 om 2017 SL No. 163 s 17 Division 4—Petroleum royalty Subdivision 1—Prescribed matters for petroleum royalty Page 244 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes sdiv hdg ins 2010 SL No. 1 s 3 Royalty return period s 146A ins 2011 Act No. 16 s 32 When and how petroleum royalty payable—royalty return period s 147 amd 2008 SL No. 158 s 15; 2011 Act No. 16 s 33 sub 2011 SL No. 295 s 12 amd 2012 SL No. 169 s 14; 2014 SL No. 123 s 22; 2014 SL No. 227 s 9 Working out monthly payments for petroleum royalty generally s 147A ins 2011 SL No. 295 s 12 amd 2012 SL No. 169 s 15; 2014 SL No. 123 s 23 Election to change monthly payments s 147B ins 2011 SL No. 295 s 12 amd 2012 SL No. 169 s 16 When petroleum royalty payable—annual royalty return s 147BA ins 2012 SL No. 169 s 17 Rate of petroleum royalty payable s 147C ins 2011 SL No. 295 s 12 Working out wellhead value of petroleum s 148 amd 2008 SL No. 158 s 16; 2011 Act No. 16 s 34; 2011 SL No. 295 s 13; 2014 SL No. 123 s 24; 2014 SL No. 227 s 10 Subdivision 2—Working out components of wellhead value of petroleum in particular circumstances sdiv hdg ins 2010 SL No. 1 s 4 sub 2016 SL No. 25 s 16 Definitions for subdivision s 148A ins 2010 SL No. 1 s 4 sub 2016 SL No. 25 s 16 def component amd 2011 Act No. 16 s 35 Application by petroleum producer for petroleum royalty decision s 148B ins 2010 SL No. 1 s 4 amd 2014 SL No. 123 s 25 sub 2016 SL No. 25 s 16 Petroleum royalty decision on Minister’s own initiative s 148C ins 2010 SL No. 1 s 4 sub 2016 SL No. 25 s 16 Considerations in making petroleum royalty decisions s 148D ins 2010 SL No. 1 s 4 sub 2016 SL No. 25 s 16 Petroleum royalty decision s 148E ins 2010 SL No. 1 s 4 sub 2016 SL No. 25 s 16 Current as at 1 September 2017 Page 245 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Using expired petroleum royalty decision to work out wellhead value of petroleum in particular circumstances and Minister’s obligation to reassess s 148F ins 2010 SL No. 1 s 4 sub 2016 SL No. 25 s 16 Subdivision 2A—Amendment and review of petroleum royalty decisions sdiv hdg ins 2016 SL No. 25 s 16 Petroleum producer to advise Minister of particular matters affecting petroleum royalty decision s 148G ins 2010 SL No. 1 s 4 sub 2016 SL No. 25 s 16 Minister may amend petroleum royalty decision in particular circumstances s 148H ins 2010 SL No. 1 s 4 amd 2014 SL No. 123 s 26 sub 2016 SL No. 25 s 16 Notice of amendment s 148I ins 2010 SL No. 1 s 4 sub 2016 SL No. 25 s 16 Application for review of petroleum royalty decision or amendment of petroleum royalty decision s 148J ins 2010 SL No. 1 s 4 sub 2016 SL No. 25 s 16 Review decision s 148K ins 2016 SL No. 25 s 16 Notice of review decision s 148L ins 2016 SL No. 25 s 16 Minister must reassess amount of particular petroleum royalty payable s 148M ins 2016 SL No. 25 s 16 Subdivision 3—Royalty return sdiv hdg ins 2010 SL No. 1 s 4 Information to be contained in royalty return s 149 amd 2008 SL No. 158 s 17; 2011 Act No. 16 s 36; 2011 SL No. 295 s 14; 2014 SL No. 123 s 27 Subdivision 4—Royalty estimate sdiv 4 (ss 149A–149D) ins 2011 SL No. 32 s 6 Subdivision 4A—Civil penalty sdiv hdg ins 2012 SL No. 169 s 18 Imposition of civil penalty—Act, s 604A s 149E ins 2012 SL No. 169 s 18 amd 2014 SL No. 123 s 28 Notice of civil penalty s 149F ins 2012 SL No. 169 s 18 Page 246 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Civil penalty not payable if proceeding for offence started s 149G ins 2012 SL No. 169 s 18 amd 2014 SL No. 123 s 29 Subdivision 4B—Unpaid royalty interest sdiv 4B (ss 149H–149I) ins 2012 SL No. 169 s 18 Division 5—Other matters div hdg om 2017 SL No. 163 s 17 Security for petroleum authorities s 150 om 2017 SL No. 163 s 17 Prescribed interest rate for amounts owing to the State other than for petroleum royalty s 151 amd 2012 SL No. 169 s 19 om 2017 SL No. 163 s 17 PART 3—OTHER PROVISIONS pt hdg om 2017 SL No. 163 s 18 Required level of knowledge for resources and reserves of petroleum s 152 amd 2008 SL No. 59 s 17; 2009 SL No. 186 s 19 sub 2010 SL No. 248 s 7 om 2017 SL No. 163 s 18 Required level of knowledge for a deposit of coal or oil shale s 153 om 2017 SL No. 163 s 18 Requirements for petroleum register s 154 om 2016 SL No. 169 s 109 sch 4 Prescribed way for making applications or giving or lodging documents s 154A ins 2012 SL No. 226 s 28 om 2017 SL No. 163 s 18 Conversion of 1923 Act lease number 201 to petroleum lease s 155 amd 2009 SL No. 186 s 20 om 2017 SL No. 163 s 18 CHAPTER 7—TRANSITIONAL AND SAVING PROVISIONS PART 1—TRANSITIONAL AND SAVINGS PROVISIONS FOR SL No. 309 OF 2004 pt hdg sub 2007 SL No. 312 s 43 Division 1—Transitional provisions relating to the Gas (Residual Provisions) Regulation 1989 div hdg ins 2007 SL No. 312 s 43 Definitions for div 1 s 156 amd 2007 SL No. 312 s 44 Approval of gas devices etc. s 158 amd 2010 SL No. 116 s 40 Current as at 1 September 2017 Page 247 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Continuing effect of certificates of compliance s 159 amd 2007 SL No. 312 s 45 Division 2—Other transitional provisions div hdg (prev pt 2 hdg) renum 2007 SL No. 312 s 46 PART 2—TRANSITIONAL PROVISIONS FOR THE PETROLEUM AND GAS (PRODUCTION AND SAFETY) AMENDMENT REGULATION (No. 1) 2007 pt hdg ins 2007 SL No. 312 s 47 Person not required to give notice about use of preferred standard for existing activity or thing s 165 ins 2007 SL No. 312 s 47 Application of provision about competency requirements for drilling rig workers s 166 ins 2007 SL No. 312 s 47 PART 3—TRANSITIONAL PROVISION FOR THE MINES AND ENERGY LEGISLATION AMENDMENT REGULATION (No. 2) 2008 pt hdg ins 2008 SL No. 158 s 18 Payment of annual rent for a particular period s 167 ins 2008 SL No. 158 s 18 PART 4—TRANSITIONAL PROVISION FOR THE MINES AND ENERGY LEGISLATION AMENDMENT REGULATION (No. 4) 2008 pt hdg ins 2008 SL No. 263 s 5 Payment of annual licence fee s 168 ins 2008 SL No. 263 s 5 PART 5—TRANSITIONAL PROVISION FOR THE MINES AND ENERGY LEGISLATION AMENDMENT REGULATION (No. 2) 2010 pt hdg ins 2010 SL No. 142 s 8 Confidentiality period for required information lodged before commencement s 169 ins 2010 SL No. 142 s 8 PART 6—TRANSITIONAL PROVISION FOR PETROLEUM AND GAS (PRODUCTION AND SAFETY) AMENDMENT REGULATION (No. 2) 2010 pt hdg (prev pt 5) ins 2010 SL No. 143 s 17 renum 2010 SL No. 248 s 8 Safety and health fee return for 2010–2011 year s 170 (prev s 169) ins 2010 SL No. 143 s 17 amd 2010 SL No. 248 s 9(1) renum 2010 SL No. 248 s 9(2) PART 7—TRANSITIONAL PROVISIONS FOR PETROLEUM AND OTHER LEGISLATION AMENDMENT REGULATION (No. 1) 2011 pt hdg ins 2011 SL No. 35 s 16 Existing intention to drill a petroleum well or bore s 171 ins 2011 SL No. 35 s 16 Page 248 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Confidentiality period for report about hydraulic fracturing activities lodged before commencement s 172 ins 2011 SL No. 35 s 16 PART 8—TRANSITIONAL PROVISION FOR RESOURCES LEGISLATION AND ANOTHER REGULATION AMENDMENT REGULATION (No. 1) 2012 pt hdg ins 2012 SL No. 169 s 20 Application of s 149H—unpaid royalty interest rate s 173 ins 2012 SL No. 169 s 20 PART 9—TRANSITIONAL PROVISIONS FOR NATURAL RESOURCES AND MINES LEGISLATION AMENDMENT REGULATION (No. 1) 2013 pt hdg ins 2013 SL No. 37 s 52 Superseded version of amended mandatory or preferred standard taken to apply until changeover date s 174 ins 2013 SL No. 37 s 52 Superseded version of amended transmission pipeline standard applies for pipeline being constructed s 175 ins 2013 SL No. 37 s 52 PART 10—TRANSITIONAL PROVISION FOR PETROLEUM AND GAS (PRODUCTION AND SAFETY) AMENDMENT REGULATION (No. 1) 2013 pt hdg ins 2013 SL No. 195 s 11 Estimation and publication of safety and health costs for 2013–14 financial year s 176 ins 2013 SL No. 195 s 11 PART 11—TRANSITIONAL PROVISION FOR PETROLEUM LEGISLATION AMENDMENT REGULATION (No. 1) 2015 pt 11 (s 177) ins 2015 SL No. 51 s 26 PART 12—TRANSITIONAL PROVISIONS FOR REVENUE LEGISLATION AMENDMENT REGULATION (No. 1) 2016 pt hdg ins 2016 SL No. 25 s 17 Definitions for part s 178 ins 2016 SL No. 25 s 17 Existing applications for petroleum royalty decisions s 179 ins 2016 SL No. 25 s 17 Existing petroleum royalty decisions s 180 ins 2016 SL No. 25 s 17 Review by Minister of pre-commencement decisions on or after right to amend day s 181 ins 2016 SL No. 25 s 17 PART 13—TRANSITIONAL PROVISION FOR MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) REGULATION 2016 pt hdg ins 2016 SL No. 169 s 76 Application of joint interaction management plan provisions Current as at 1 September 2017 Page 249 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes s 182 ins 2016 SL No. 169 s 76

SCHEDULE 1A—MANDATORY CONDITIONS FOR RESOURCE AUTHORITIES sch hdg ins 2010 SL No. 297 s 5 om 2016 SL No. 169 s 106 PART 1—PRELIMINARY pt hdg ins 2010 SL No. 297 s 5 om 2016 SL No. 169 s 106 What this schedule is about s 1 ins 2010 SL No. 297 s 5 om 2016 SL No. 169 s 106 Giving notice s 2 ins 2010 SL No. 297 s 5 om 2016 SL No. 169 s 106 Definitions s 3 ins 2010 SL No. 297 s 5 om 2016 SL No. 169 s 106 PART 2—MANDATORY CONDITIONS pt hdg ins 2010 SL No. 297 s 5 om 2016 SL No. 169 s 106 Induction training s 4 ins 2010 SL No. 297 s 5 om 2016 SL No. 169 s 106 Access points, roads and tracks s 5 ins 2010 SL No. 297 s 5 om 2016 SL No. 169 s 106 Livestock and property s 6 ins 2010 SL No. 297 s 5 om 2016 SL No. 169 s 106 Obligations to prevent spread of declared pests s 7 ins 2010 SL No. 297 s 5 amd 2016 SL No. 75 s 129 sch 12 def declared pest sub 2016 SL No. 75 s 129 sch 12 def reproductive material sub 2016 SL No. 75 s 129 sch 12 om 2016 SL No. 169 s 106 Camps s 8 ins 2010 SL No. 297 s 5 om 2016 SL No. 169 s 106 Items brought onto land s 9 ins 2010 SL No. 297 s 5 om 2016 SL No. 169 s 106 Page 250 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Gates, grids and fences s 10 ins 2010 SL No. 297 s 5 om 2016 SL No. 169 s 106

SCHEDULE 1—MANDATORY AND PREFERRED STANDARDS FOR SAFETY REQUIREMENTS sch 1 amd 2005 SL No. 300 s 45; 2007 SL No. 312 s 48; 2010 SL No. 143 s 18; 2010 SL No. 116 s 41; 2011 SL No. 44 s 29; 2011 SL No. 112 s 5; 2011 SL No. 243 s 11; 2013 SL No. 37 s 53; 2013 SL No. 235 s 27; 2014 SL No. 136 s 11; 2014 SL No. 253 s 11; 2015 SL No. 23 s 10; 2016 SL No. 196 s 8

SCHEDULE 2—PRESCRIBED INCIDENTS sch 2 amd 2005 SL No. 300 s 46; 2007 SL No. 312 s 49; 2011 SL No. 44 s 30; 2011 Act No. 18 s 404 sch 4 pt 1; 2011 SL No. 240 s 811; 2016 SL No. 169 s 109 sch 4

SCHEDULE 3—REQUIREMENTS FOR PLUGGING AND ABANDONING PRESCRIBED WELLS AND BORES sch hdg amd 2017 SL No. 163 s 19(1) Definitions for sch 3 s 1 def CSG well ins 2011 SL No. 243 s 12(1) def well or bore sub 2017 SL No. 163 s 19(2) Abandonment to be consistent with good industry practice s 2 amd 2011 SL No. 243 s 12(2); 2013 SL No. 235 s 28 Casing of prescribed well or bore s 6 amd 2011 SL No. 243 s 12(3) Cement to be used for plugs etc. s 7 amd 2011 SL No. 243 s 12(4)–(6) Requirement for packer left in prescribed well or bore s 8 amd 2011 SL No. 243 s 12(7)–(9)

SCHEDULE 6—GAS DEVICES (TYPE A) sch 6 sub 2011 SL No. 44 ss 31–32

SCHEDULE 7—SAFETY REQUIREMENTS FOR TRANSPORTING CYLINDERS IN VEHICLES Meaning of enclosed vehicle s 1 amd 2005 SL No. 300 s 47 Prohibition on carrying 30L cylinders in enclosed vehicles s 3 amd 2010 SL No. 143 s 19 Restriction on carrying 9kg cylinders in enclosed vehicles s 4 amd 2007 SL No. 312 s 50(1) PART 3—PROVISIONS FOR SUPPLY OF LPG pt hdg amd 2007 SL No. 312 s 50(2) Cylinders for supply of LPG must have screw plugs s 7 sub 2007 SL No. 312 s 50(3) Current as at 1 September 2017 Page 251 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes Cylinders not to be overfilled s 8 amd 2007 SL No. 312 s 50(4) Signage required at places where cylinders are filled or exchanged s 9 sub 2007 SL No. 312 s 50(5) Requirement for filling or supplying particular cylinders s 11 amd 2008 SL No. 427 s 253 sch 3

SCHEDULE 8—REQUIREMENTS FOR USING FLAMMABLE HYDROCARBONS FOR REFRIGERATION OR AIR CONDITIONING Definitions for sch 8 s 1 def approval person om 2009 SL No. 186 s 21(1) Requirements for applications for approval of relevant gas device under the Act, s 733(1) s 2 amd 2009 SL No. 186 s 21 Requirements for safety report s 3 amd 2009 SL No. 186 s 21(3) Safety requirements for gas fittings used with flammable hydrocarbon gases s 5 amd 2010 SL No. 116 s 42; 2014 SL No. 136 s 12 Safety requirements for installation of flammable hydrocarbon gas in a relevant gas device s 6 amd 2009 SL No. 186 s 21(4); 2011 SL No. 44 s 33

SCHEDULE 9—FEES sch 9 amd 2005 SL No. 103 s 26; 2005 SL No. 300 s 48; 2005 SL No. 263 s 10; 2006 SL No. 110 s 28; 2006 SL No. 293 s 9; 2007 SL No. 132 s 23; 2007 SL No. 273 s 8; 2008 SL No. 59 s 18; 2008 SL No. 192 s 24; 2008 SL No. 246 s 3; 2008 SL No. 366 s 8; 2009 SL No. 73 s 32; 2010 SL No. 143 s 20; 2010 SL No. 116 ss 43, 53; 2010 SL No. 248 s 10; 2010 SL No. 259 s 8; 2011 SL No. 35 s 17; 2011 SL No. 44 s 34; 2011 Act No. 16 s 37 sub 2011 SL No. 94 s 23 amd 2011 Act No. 18 s 404 sch 4 pt 1; 2012 SL No. 89 s 11; 2012 SL No. 105 s 36; 2012 SL No. 226 s 29; 2013 SL No. 37 s 48; 2013 SL No. 84 s 36; 2013 SL No. 89 s 11; 2013 SL No. 195 s 12; 2013 SL No. 235 s 29; 2014 SL No. 78 s 41; 2014 SL No. 94 s 10; 2014 SL No. 123 s 30; 2014 SL No. 136 s 13; 2014 SL No. 253 s 12; 2014 SL No. 332 s 6; 2015 SL No. 23 s 11; 2015 SL No. 39 s 49; 2015 SL No. 45 s 12; 2015 SL No. 79 s 4; 2016 SL No. 59 ss 49–66; 2016 SL No. 64 s 4; 2016 SL No. 88 s 11; 2016 SL No. 169 ss 107, 109 sch 4; 2017 SL No. 71 ss 48, 50–64; 2017 SL No. 106 s 12; 2017 SL No. 163 s 20

SCHEDULE 10—ANNUAL RENT sch 10 sub 2005 SL No. 263 s 11; 2006 SL No. 293 s 10; 2007 SL No. 273 s 9; 2008 SL No. 366 s 9; 2009 SL No. 73 s 33; 2010 SL No. 116 ss 44, 54; 2011 SL No. 94 s 23; 2012 SL No. 105 s 37; 2013 SL No. 84 s 37; 2014 SL No. 78 s 42; 2015 SL No. 39 s 50; 2016 SL No. 59 s 67 om 2017 SL No. 163 s 21 Page 252 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes

SCHEDULE 11—REQUIREMENTS FOR PETROLEUM REGISTER sch hdg om 2016 SL No. 169 s 109 sch 4 All petroleum authorities s 1 om 2016 SL No. 169 s 109 sch 4 Additional matters for an authority to prospect s 2 om 2016 SL No. 169 s 109 sch 4 Additional matters for a petroleum lease s 3 amd 2009 SL No. 186 s 22 om 2016 SL No. 169 s 109 sch 4 Additional matters for a pipeline licence s 4 om 2016 SL No. 169 s 109 sch 4

SCHEDULE 12—DICTIONARY def 6-month period om 2017 SL No. 163 s 22(1) def affected aquifers om 2013 SL No. 37 s 54 def alter ins 2005 SL No. 300 s 49(2) def appraisal well om 2017 SL No. 163 s 22(1) def AS 2885 amd 2014 SL No. 136 s 14 def AS 3814 om 2009 SL No. 186 s 23(1) def AS 5601 om 2009 SL No. 186 s 23(1) def audit and inspection fee om 2010 SL No. 143 s 21(1) def audit and inspection fee return om 2010 SL No. 143 s 21(1) def authorised installer ins 2005 SL No. 300 s 49(2) def automotive LPG ins 2007 SL No. 132 s 24(2) def automotive LPG site ins 2007 SL No. 132 s 24(2) def category of liable person ins 2013 SL No. 195 s 13(1) def CNG ins 2010 SL No. 143 s 21(2) def completion day om 2017 SL No. 163 s 22(1) def component ins 2010 SL No. 1 s 5 def construction and abandonment code ins 2011 SL No. 243 s 13(2) sub 2013 SL No. 235 s 30(1) def corresponding law ins 2005 SL No. 300 s 49(2) def costs estimate ins 2013 SL No. 195 s 13(1) def CSG tenure ins 2011 SL No. 243 s 13(2) def cylinder amd 2010 SL No. 116 s 45(1) def Dangerous Goods Act om 2011 Act No. 18 s 404 sch 4 pt 1 def development well om 2017 SL No. 163 s 22(1) def directional well om 2017 SL No. 163 s 22(1) def disposes of amd 2011 SL No. 295 s 15 def distribution authority om 2007 SL No. 132 s 24(1) def distribution system om 2007 SL No. 312 s 51(1) def drilling operating plant ins 2005 SL No. 300 s 49(2) def earlier return period ins 2016 SL No. 25 s 18(2) def exploration well om 2017 SL No. 163 s 22(1) def gas compliance certificate sub 2005 SL No. 300 s 49(1)–(2) amd 2007 SL No. 312 s 51(3) Current as at 1 September 2017 Page 253 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes def gas fuel system ins 2005 SL No. 300 s 49(2) def gas inspection certificate amd 2007 SL No. 312 s 51(4) def gas work requirements ins 2014 SL No. 253 s 13(1) def general area information om 2017 SL No. 163 s 22(1) def geological summary om 2017 SL No. 163 s 22(1) def geothermal well ins 2010 SL No. 143 s 21(2) def GHG project ins 2010 SL No. 143 s 21(2) amd 2016 SL No. 169 s 109 sch 4 def GHG stream pipeline ins 2010 SL No. 143 s 21(2) def GHG well ins 2010 SL No. 143 s 21(2) def hazard information om 2017 SL No. 163 s 22(1) def health professional ins 2011 SL No. 44 s 35 sub 2012 SL No. 90 s 41 sch def horizontal well amd 2017 SL No. 163 s 22(3) def hydraulic fracturing activities ins 2011 SL No. 35 s 18(1) def hydraulic fracturing activities completion report ins 2011 SL No. 35 s 18(1) om 2017 SL No. 163 s 22(1) def hydraulic fracturing fluid ins 2011 SL No. 35 s 18(1) def hydraulic fracturing fluid statement ins 2011 SL No. 35 s 18(1) om 2017 SL No. 163 s 22(1) def identifying name amd 2016 SL No. 169 ss 108(2)–(3), 109 sch 4 amd 2017 SL No. 163 s 22(4) def impact report om 2013 SL No. 37 s 54 def industrial appliance amd 2014 SL No. 253 s 13(2) def interstate gas compliance certificate ins 2005 SL No. 300 s 49(2) amd 2007 SL No. 312 s 51(3) def interstate gas inspection certificate ins 2005 SL No. 300 s 49(2) amd 2007 SL No. 312 s 51(4) def ISO amd 2009 SL No. 186 s 23(2) def job safety analysis ins 2005 SL No. 300 s 49(2) def lead om 2017 SL No. 163 s 22(1) def LNG ins 2010 SL No. 143 s 21(2) def lower flammable limit alarm level ins 2011 SL No. 44 s 35 amd 2016 SL No. 169 s 109 sch 4 def LPGA automotive code of practice ins 2007 SL No. 312 s 51(2) def LPG delivery network om 2009 SL No. 296 s 8 def major consumer amd 2007 SL No. 132 s 24(3); 2010 SL No. 143 s 21(3); 2013 SL No. 195 s 13(2) def medical treatment ins 2011 SL No. 44 s 35 def non-associated water ins 2017 SL No. 5 s 7 om 2017 SL No. 163 s 22(1) def non-automotive LPG ins 2015 SL No. 23 s 12(2) def operator amd 2007 SL No. 132 s 24(4); 2007 SL No. 312 s 51(5); 2011 SL No. 35 s 18(2) om 2015 SL No. 23 s 12(1) def other underground water om 2016 SL No. 169 s 108(1) def overlapping area ins 2016 SL No. 169 s 77 def payment date ins 2013 SL No. 195 s 13(1) Page 254 Current as at 1 September 2017 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes def petroleum royalty decision ins 2010 SL No. 1 s 5 sub 2016 SL No. 25 s 18(1)–(2) def prediction period om 2013 SL No. 37 s 54 def prescribed area ins 2011 SL No. 35 s 18(1) om 2017 SL No. 163 s 22(1) def prescribed underground water information om 2011 SL No. 243 s 13(1) def previous royalty return period ins 2012 SL No. 169 s 21 def principal hazard management plan om 2013 SL No. 170 s 116 def production testing om 2017 SL No. 163 s 22(1) def production tubing hanger ins 2005 SL No. 300 s 49(2) def product supplier ins 2007 SL No. 132 s 24(2) def proppant ins 2011 SL No. 35 s 18(1) def prospect om 2017 SL No. 163 s 22(1) def proved and probable reserves om 2017 SL No. 163 s 22(1) def reissued invoice ins 2013 SL No. 195 s 13(1) def relevant category of liable person ins 2013 SL No. 195 s 13(1) def relevant entity ins 2016 SL No. 25 s 18(2) def relevant petroleum well om 2011 SL No. 243 s 13(1) def relevant time om 2011 SL No. 243 s 13(1) def relevant Water Act bore om 2017 SL No. 163 s 22(1) def relevant water observation bore om 2017 SL No. 163 s 22(1) def reporting period, first mention, om 2017 SL No. 163 s 22(1) def reporting period, second mention, ins 2017 SL No. 5 s 7 om 2017 SL No. 163 s 22(1) def required information amd 2013 SL No. 195 s 13(3) def rig release day amd 2013 SL No. 235 s 30(2) om 2017 SL No. 163 s 22(1) def road tank vehicle amd 2010 SL No. 116 s 45(2) def royalty estimate notice ins 2011 SL No. 32 s 7 def safety and health fee ins 2010 SL No. 143 s 21(2) def safety and health fee return ins 2010 SL No. 143 s 21(2) def safety and health operating costs ins 2013 SL No. 195 s 13(1) def scientific or technical survey om 2017 SL No. 163 s 22(1) def site occupier ins 2007 SL No. 312 s 51(2) def SPE code sub 2008 SL No. 59 s 19 om 2017 SL No. 163 s 22(1) def standard abandonment requirements sub 2017 SL No. 163 s 22(1)–(2) def standard departmental public tenure enquiry report ins 2015 SL No. 39 s 51 om 2016 SL No. 169 s 108(1) def stated factor ins 2016 SL No. 25 s 18(2) def status om 2017 SL No. 163 s 22(1) def syngas ins 2010 SL No. 143 s 21(2) def tank om 2007 SL No. 312 s 51(1) def tanker delivery carrier ins 2007 SL No. 132 s 24(2) def tender details om 2017 SL No. 163 s 22(1) def tenure information om 2017 SL No. 163 s 22(1) def total gas capacity ins 2007 SL No. 312 s 51(2) def UCG well ins 2010 SL No. 143 s 21(2) Current as at 1 September 2017 Page 255 Petroleum and Gas (Production and Safety) Regulation 2004 Endnotes def well completion equipment ins 2005 SL No. 300 s 49(2) def wellhead value amd 2016 SL No. 25 s 18(3) def well or bore abandonment report om 2017 SL No. 163 s 22(1) def well or bore completion report (prev def well completion report) amd 2013 SL No. 235 s 30(3) om 2017 SL No. 163 s 22(1) def wet geothermal production ins 2010 SL No. 143 s 21(2) © State of Queensland 2017 Page 256 Current as at 1 September 2017