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Nelum
Laws of Australia

Offshore Petroleum and Greenhouse Gas Storage Regulations 2011

Made 2011-12-13 · Text as of 2026-10-01

Public law and official guidance, published as research. Not legal, tax or financial advice.

About this law

Language
English
Kind
Regulation
Country
Australia · Victoria
Subjects
Air and atmosphere, Mineral resources
Keywords
ozone layer, mining, oil, exploration, transport/storage, environmental planning, authorization/permit, policy/planning
Categories
energy

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    No source link is recorded for this law.

Text

The law's own text, section by section, as held. Each section has its own link.

  1. 1 — Objective 1

    1 Objective 1

  2. 2 — Authorising provision 2

    2 Authorising provision 2

  3. 3 — Commencement 2

    3 Commencement 2

  4. 4 — Definitions 2

    4 Definitions 2 Chapter 2—Environment 3 Part 2.1—Preliminary 3

  5. 5 — Objects of this Chapter 3

    5 Objects of this Chapter 3

  6. 6 — Definitions 3

    6 Definitions 3

  7. 7 — References to an activity 9

    7 References to an activity 9 Part 2.2—Environment plans 10 Division 1—Requirement for an environment plan 10

  8. 8 — Accepted environment plan required for an activity 10

    8 Accepted environment plan required for an activity 10

  9. 9 — Operations must comply with the accepted environment plan 10

    9 Operations must comply with the accepted environment plan 10 10 Operations must not continue if new or increased environmental risk identified 11 Division 2—Acceptance of an environment plan 12

  10. 11 — Submission of an environment plan 12

    11 Submission of an environment plan 12

  11. 12 — Form of environment plan 12

    12 Form of environment plan 12

  12. 13 — Publication of information about environment plan 13

    13 Publication of information about environment plan 13

  13. 13A — Withdrawal of submitted environment plan 13

    13A Withdrawal of submitted environment plan 13

  14. 13B — Further information 13

    13B Further information 13

  15. 13C — Making decision on submitted environment plan 14

    13C Making decision on submitted environment plan 14

  16. 13D — Criteria for acceptance of environment plan 16

    13D Criteria for acceptance of environment plan 16 Authorised by the Chief Parliamentary Counsel i Regulation Page

  17. 13E — Notice of decision on environment plan and submission of

    13E Notice of decision on environment plan and submission of summary 17

  18. 13F — Consultation with relevant authorities, persons and

    13F Consultation with relevant authorities, persons and organisations, etc. 18 Division 3—Contents of an environment plan 19

  19. 14 — Contents of an environment plan 19

    14 Contents of an environment plan 19

  20. 15 — Environmental assessment 19

    15 Environmental assessment 19

  21. 16 — Implementation strategy for the environment plan 21

    16 Implementation strategy for the environment plan 21

  22. 17 — Environmental emergency response manual 23

    17 Environmental emergency response manual 23

  23. 18 — Details of titleholder and liaison person 24

    18 Details of titleholder and liaison person 24

  24. 19 — Other information in the environment plan 25

    19 Other information in the environment plan 25 Division 4—Variation of an environment plan 25

  25. 20 — Variation because of a change, or proposed change, of

    20 Variation because of a change, or proposed change, of circumstances or operations 25

  26. 21 — Variation on request by the Minister 26

    21 Variation on request by the Minister 26

  27. 22 — Variation at the end of each 5 years 28

    22 Variation at the end of each 5 years 28

  28. 23 — Form of proposed variation 28

    23 Form of proposed variation 28

  29. 23A — Publication of information about proposed variation 28

    23A Publication of information about proposed variation 28

  30. 24 — Acceptance of a varied environment plan 29

    24 Acceptance of a varied environment plan 29

  31. 25 — Effect of non-acceptance of proposed variation 29

    25 Effect of non-acceptance of proposed variation 29 Division 5—Withdrawal of acceptance of an environment plan 30

  32. 26 — Withdrawal of acceptance of environment plan 30

    26 Withdrawal of acceptance of environment plan 30

  33. 27 — Steps to be taken before withdrawal of acceptance 31

    27 Steps to be taken before withdrawal of acceptance 31

  34. 28 — Withdrawal of acceptance not affected by other provisions 31

    28 Withdrawal of acceptance not affected by other provisions 31

  35. 28A — Environment plan ends when titleholder notifies completion 32

    28A Environment plan ends when titleholder notifies completion 32 Part 2.3—Incidents, reports and records 33

  36. 29 — Notifying reportable incidents 33

    29 Notifying reportable incidents 33

  37. 30 — Written report of reportable incidents 34

    30 Written report of reportable incidents 34

  38. 30A — Additional written reports if requested 35

    30A Additional written reports if requested 35

  39. 31 — Reporting recordable incidents 36

    31 Reporting recordable incidents 36

  40. 31A — Reporting environmental performance 38

    31A Reporting environmental performance 38

  41. 32 — Storage of records 38

    32 Storage of records 38

  42. 33 — Making records available 40

    33 Making records available 40 Part 2.4—Miscellaneous 43

  43. 34 — Notifying start and end of activity 43

    34 Notifying start and end of activity 43

  44. 35 — Titleholder may refer to information previously given 43

    35 Titleholder may refer to information previously given 43 Chapter 3—Safety 45 Part 3.1—Preliminary 45

  45. 40 — Objects of this Chapter 45

    40 Objects of this Chapter 45

  46. 41 — Definitions 46

    41 Definitions 46 Authorised by the Chief Parliamentary Counsel ii Regulation Page

  47. 42 — Vessels and structures that are not facilities 53

    42 Vessels and structures that are not facilities 53

  48. 43 — Vessels and structures that are not associated offshore places 55

    43 Vessels and structures that are not associated offshore places 55

  49. 44 — Forms, notices and reports 56

    44 Forms, notices and reports 56 Part 3.2—Offshore facilities 58 Division 1—Operators 58

  50. 45 — Nomination of operator—general 58

    45 Nomination of operator—general 58

  51. 46 — Acceptance or rejection of nomination of operator 59

    46 Acceptance or rejection of nomination of operator 59

  52. 47 — Register of operators 60

    47 Register of operators 60

  53. 48 — Removal of name from register 60

    48 Removal of name from register 60 Division 2—Safety cases 61 Subdivision 1—Contents of safety cases, safety measures, emergencies and record keeping 61

  54. 49 — Facility description, formal safety assessment and safety

    49 Facility description, formal safety assessment and safety management system 61

  55. 50 — Implementation and improvement of the safety management

    50 Implementation and improvement of the safety management system 64

  56. 51 — Standards to be applied 65

    51 Standards to be applied 65

  57. 52 — Command structure 65

    52 Command structure 65

  58. 53 — Members of the workforce must be competent 66

    53 Members of the workforce must be competent 66

  59. 54 — Permit to work system for safe performance of various

    54 Permit to work system for safe performance of various activities 66

  60. 55 — Involvement of members of the workforce 67

    55 Involvement of members of the workforce 67 56 Design, construction, installation, maintenance and modification 68

  61. 57 — Medical and pharmaceutical supplies and services 69

    57 Medical and pharmaceutical supplies and services 69

  62. 58 — Machinery and equipment 69

    58 Machinery and equipment 69

  63. 59 — Drugs and intoxicants 69

    59 Drugs and intoxicants 69

  64. 60 — Evacuation, escape and rescue analysis 70

    60 Evacuation, escape and rescue analysis 70

  65. 61 — Fire and explosion risk analysis 71

    61 Fire and explosion risk analysis 71

  66. 62 — Emergency communications systems 72

    62 Emergency communications systems 72

  67. 63 — Control systems 73

    63 Control systems 73

  68. 64 — Emergency preparedness 73

    64 Emergency preparedness 73

  69. 65 — Pipes 74

    65 Pipes 74

  70. 66 — Vessel and aircraft control 75

    66 Vessel and aircraft control 75

  71. 67 — Arrangements for records 76

    67 Arrangements for records 76 Subdivision 2—Submission and acceptance of safety cases 77

  72. 68 — Safety case to be submitted to NOPSEMA 77

    68 Safety case to be submitted to NOPSEMA 77

  73. 69 — NOPSEMA may request more information 78

    69 NOPSEMA may request more information 78

  74. 70 — Acceptance or rejection of a safety case 79

    70 Acceptance or rejection of a safety case 79

  75. 71 — Notice of decision on safety case 80

    71 Notice of decision on safety case 80

  76. 72 — Consent to undertake work in a manner different from safety

    72 Consent to undertake work in a manner different from safety case 81

  77. 73 — Duties under Part 2 of Schedule 3 to the Act 81

    73 Duties under Part 2 of Schedule 3 to the Act 81 Authorised by the Chief Parliamentary Counsel iii Regulation Page Subdivision 3—Variation of safety case 82 74 Variation of a safety case because of a change of circumstances or operations 82

  78. 75 — Variation on request by NOPSEMA 83

    75 Variation on request by NOPSEMA 83

  79. 76 — Variation after 5 years 85

    76 Variation after 5 years 85

  80. 77 — NOPSEMA may request more information 86

    77 NOPSEMA may request more information 86

  81. 78 — Acceptance or rejection of a proposal for a variation of a

    78 Acceptance or rejection of a proposal for a variation of a safety case 86

  82. 79 — Notice of decision on proposal for variation of a safety case 87

    79 Notice of decision on proposal for variation of a safety case 87

  83. 80 — Effect of rejection of a proposal for variation of a safety case 88

    80 Effect of rejection of a proposal for variation of a safety case 88 Subdivision 4—Withdrawal of acceptance of a safety case 88

  84. 81 — Grounds for withdrawal of acceptance 88

    81 Grounds for withdrawal of acceptance 88

  85. 82 — Notice before withdrawal of acceptance 89

    82 Notice before withdrawal of acceptance 89 Subdivision 5—Exemptions 89

  86. 83 — NOPSEMA may give an exemption 89

    83 NOPSEMA may give an exemption 89 Division 3—Validation 90

  87. 84 — Validation of design, construction and installation,

    84 Validation of design, construction and installation, significant modification or decommissioning of a facility 90 Division 4—Notifying and reporting accidents and dangerous occurrences 91

  88. 85 — Interpretation 91

    85 Interpretation 91

  89. 86 — Notices and reports of accidents and dangerous occurrences 93

    86 Notices and reports of accidents and dangerous occurrences 93 Division 5—Penalty provisions 94

  90. 87 — Facility must have operator 94

    87 Facility must have operator 94

  91. 88 — Safety case required for the relevant stage in the life of a

    88 Safety case required for the relevant stage in the life of a facility 95

  92. 89 — Work on a facility must comply with the safety case 95

    89 Work on a facility must comply with the safety case 95

  93. 90 — New health and safety risk 96

    90 New health and safety risk 96

  94. 91 — Maintaining records 98

    91 Maintaining records 98

  95. 92 — Person on a facility must comply with safety case 98

    92 Person on a facility must comply with safety case 98

  96. 93 — Interference with accident sites 99

    93 Interference with accident sites 99 Division 6—Miscellaneous 100

  97. 94 — Details in applications or submissions 100

    94 Details in applications or submissions 100 Part 3.3—Occupational health and safety 101 Division 1—Health and safety 101

  98. 95 — Avoiding fatigue 101

    95 Avoiding fatigue 101

  99. 96 — Possession or control of drugs or intoxicants 101

    96 Possession or control of drugs or intoxicants 101

  100. 97 — Person must leave the facility when instructed to do so 103

    97 Person must leave the facility when instructed to do so 103

  101. 98 — Prohibition on the use of certain hazardous substances 103

    98 Prohibition on the use of certain hazardous substances 103 Authorised by the Chief Parliamentary Counsel iv Regulation Page

  102. 99 — Limitations on exposure to certain hazardous substances 104

    99 Limitations on exposure to certain hazardous substances 104

  103. 100 — Exposure to noise 105

    100 Exposure to noise 105

  104. 101 — Exemptions from hazardous substances and noise

    101 Exemptions from hazardous substances and noise requirements 107 Division 2—Election of health and safety representatives 108 Subdivision 1—Returning officer 108

  105. 102 — Appointment of returning officer 108

    102 Appointment of returning officer 108 Subdivision 2—The poll 108

  106. 103 — Number of votes 108

    103 Number of votes 108

  107. 104 — Right to secret ballot 108

    104 Right to secret ballot 108

  108. 105 — Conduct of poll by secret ballot 108

    105 Conduct of poll by secret ballot 108

  109. 106 — Conduct of poll if no request made for secret ballot 109

    106 Conduct of poll if no request made for secret ballot 109

  110. 107 — If no candidate is elected 109

    107 If no candidate is elected 109 Subdivision 3—Polling by secret ballot 109

  111. 108 — Ballot-papers 109

    108 Ballot-papers 109

  112. 109 — Distribution of ballot papers 109

    109 Distribution of ballot papers 109

  113. 110 — Manner of voting by secret ballot 110

    110 Manner of voting by secret ballot 110 Subdivision 4—The count 111

  114. 111 — Envelopes given to returning officer 111

    111 Envelopes given to returning officer 111

  115. 112 — Scrutineers 111

    112 Scrutineers 111

  116. 113 — Returning officer to be advised of scrutineers 112

    113 Returning officer to be advised of scrutineers 112

  117. 114 — Persons present at the count 112

    114 Persons present at the count 112

  118. 115 — Conduct of the count 112

    115 Conduct of the count 112

  119. 116 — Informal ballot-papers 113

    116 Informal ballot-papers 113

  120. 117 — Completion of the count 113

    117 Completion of the count 113

  121. 118 — Destruction of election material 114

    118 Destruction of election material 114 Subdivision 5—Result of election 114

  122. 119 — Request for recount 114

    119 Request for recount 114

  123. 120 — Irregularities at election 114

    120 Irregularities at election 114

  124. 121 — Result of poll 115

    121 Result of poll 115 Division 3—Advice, investigations and inquiries 116

  125. 122 — Taking samples for testing etc. 116

    122 Taking samples for testing etc. 116

  126. 123 — Care of samples 117

    123 Care of samples 117

  127. 124 — Form of certain notices 117

    124 Form of certain notices 117 Division 4—Exemptions from the requirements in Part 3 of Schedule 3 to the Act 118

  128. 125 — Orders under clause 52 of Schedule 3 to the Act 118

    125 Orders under clause 52 of Schedule 3 to the Act 118 Authorised by the Chief Parliamentary Counsel v Regulation Page Division 5—Laws that do not apply 119

  129. 126 — Laws that do not apply 119

    126 Laws that do not apply 119 Division 6—Miscellaneous 119

  130. 127 — Service of notices 119

    127 Service of notices 119 Part 3.4—Diving 121 Division 1—Preliminary 121

  131. 128 — Meaning of diving 121

    128 Meaning of diving 121

  132. 129 — When a diving operation begins and ends 122

    129 When a diving operation begins and ends 122 Division 2—Diving safety management systems 122

  133. 130 — No diving without DSMS 122

    130 No diving without DSMS 122

  134. 131 — Contents of DSMS 123

    131 Contents of DSMS 123

  135. 132 — Acceptance of new DSMS 125

    132 Acceptance of new DSMS 125

  136. 133 — Acceptance of varied DSMS 125

    133 Acceptance of varied DSMS 125

  137. 134 — Grounds for rejecting DSMS 126

    134 Grounds for rejecting DSMS 126

  138. 135 — Notice of reasons 126

    135 Notice of reasons 126

  139. 136 — Register of DSMSs 126

    136 Register of DSMSs 126

  140. 137 — Variation of DSMS 127

    137 Variation of DSMS 127

  141. 138 — Notice to vary DSMS 128

    138 Notice to vary DSMS 128 Division 3—Diving project plans 129

  142. 139 — Diving project plan to be approved 129

    139 Diving project plan to be approved 129

  143. 140 — Diving project plan to NOPSEMA if there is no operator 130

    140 Diving project plan to NOPSEMA if there is no operator 130

  144. 141 — Diving project plan to NOPSEMA if requested 131

    141 Diving project plan to NOPSEMA if requested 131

  145. 142 — Updating diving project plan 131

    142 Updating diving project plan 131

  146. 143 — Contents of diving project plan 132

    143 Contents of diving project plan 132

  147. 144 — No diving without approved diving project plan 133

    144 No diving without approved diving project plan 133 Division 4—Involvement of divers and members of the workforce 133

  148. 145 — Involvement of divers and members of the workforce in

    145 Involvement of divers and members of the workforce in DSMS and diving project plan 133 Division 5—Safety responsibilities 134

  149. 146 — Safety responsibilities of diving contractors 134

    146 Safety responsibilities of diving contractors 134

  150. 147 — Safety in the diving area 134

    147 Safety in the diving area 134

  151. 148 — Diving depths 135

    148 Diving depths 135 Division 6—Diving supervisors 137

  152. 149 — Appointment of diving supervisors 137

    149 Appointment of diving supervisors 137

  153. 150 — Duties of diving supervisors 137

    150 Duties of diving supervisors 137 Division 7—Start-up notices 140

  154. 151 — Start-up notice 140

    151 Start-up notice 140 Authorised by the Chief Parliamentary Counsel vi Regulation Page Division 8—Diving operations 141

  155. 152 — Divers in diving operations 141

    152 Divers in diving operations 141

  156. 153 — Medical certificates 143

    153 Medical certificates 143 Division 9—Records 144

  157. 154 — Diving operations record 144

    154 Diving operations record 144

  158. 155 — Divers' log books 147

    155 Divers' log books 147 Chapter 4—Greenhouse gas injection and storage 150 Part 4.1—Introduction 150

  159. 156 — Definitions 150

    156 Definitions 150

  160. 157 — Significant risk of a significant adverse impact—information 151

    157 Significant risk of a significant adverse impact—information 151

  161. 158 — Significant risk of a significant adverse impact—manner of

    158 Significant risk of a significant adverse impact—manner of determining risk 153

  162. 159 — Significant risk of a significant adverse impact—threshold

    159 Significant risk of a significant adverse impact—threshold amounts 157

  163. 160 — Significant risk of a significant adverse impact—notification

    160 Significant risk of a significant adverse impact—notification that there is a significant adverse impact 159

  164. 161 — Significant risk of a significant adverse impact—notification

    161 Significant risk of a significant adverse impact—notification that there is no significant adverse impact 160 Part 4.2—Declaration of identified greenhouse gas storage formation 163

  165. 162 — Application for declaration of identified greenhouse gas

    162 Application for declaration of identified greenhouse gas storage formation 163

  166. 163 — Dealing with application for declaration of identified

    163 Dealing with application for declaration of identified greenhouse gas storage formation 163 Part 4.3—Site plans 165

  167. 164 — Object of Part 165

    164 Object of Part 165

  168. 165 — Site plans—obligations 165

    165 Site plans—obligations 165

  169. 166 — Site plans—approval (general) 167

    166 Site plans—approval (general) 167

  170. 167 — Site plans—approval (Part A of plan) 169

    167 Site plans—approval (Part A of plan) 169

  171. 168 — Site plans—approval (Part B of plan) 171

    168 Site plans—approval (Part B of plan) 171

  172. 169 — Site plans—summary of draft site plan 172

    169 Site plans—summary of draft site plan 172

  173. 170 — Site plans—approval 173

    170 Site plans—approval 173

  174. 171 — Site plans—duration 173

    171 Site plans—duration 173

  175. 172 — Site plans—withdrawal of approval 174

    172 Site plans—withdrawal of approval 174

  176. 173 — Site plans—review of approved site plan 175

    173 Site plans—review of approved site plan 175

  177. 174 — Site plans—variation of approved site plan 176

    174 Site plans—variation of approved site plan 176 Part 4.4—General 180 Division 1—Incident reporting 180

  178. 175 — Reportable incidents 180

    175 Reportable incidents 180

  179. 176 — Notifying reportable incidents 180

    176 Notifying reportable incidents 180 Authorised by the Chief Parliamentary Counsel vii Regulation Page

  180. 177 — Written report of reportable incident 181

    177 Written report of reportable incident 181

  181. 178 — Additional requirements—behaviour of greenhouse gas

    178 Additional requirements—behaviour of greenhouse gas substance in the storage formation 182

  182. 179 — Additional requirements—leakage of stored greenhouse gas

    179 Additional requirements—leakage of stored greenhouse gas substance to the seabed 182

  183. 180 — Additional requirements—leakage from the bore of a well 183

    180 Additional requirements—leakage from the bore of a well 183

  184. 181 — When report under this Division not necessary 184

    181 When report under this Division not necessary 184 Division 2—Other matters 184

  185. 182 — Decommissioning of structures, equipment and other items

    182 Decommissioning of structures, equipment and other items of property 184

  186. 183 — Discharge of securities 186

    183 Discharge of securities 186

  187. 184 — Estimate of total costs and expenses of carrying out program

    184 Estimate of total costs and expenses of carrying out program of operations 187 Chapter 5—Resource management and administration 188 Part 5.1—Preliminary 188

  188. 185 — Objects of this Chapter 188

    185 Objects of this Chapter 188

  189. 186 — Definitions 189

    186 Definitions 189

  190. 187 — Meaning of excluded information 194

    187 Meaning of excluded information 194 Part 5.2—Notification and reporting of discovery of petroleum 197 Division 1—Petroleum titleholders 197

  191. 188 — Application 197

    188 Application 197

  192. 189 — Requirement to provide information with notification of

    189 Requirement to provide information with notification of discovery of petroleum 197

  193. 190 — Minister may request information to be included in discovery

    190 Minister may request information to be included in discovery assessment report 198

  194. 191 — Requirement to provide discovery assessment report 199

    191 Requirement to provide discovery assessment report 199 Division 2—Greenhouse gas titleholders 200

  195. 192 — Application 200

    192 Application 200

  196. 193 — Requirement to provide petroleum discovery report 200

    193 Requirement to provide petroleum discovery report 200 Part 5.3—Title assessment reports 202

  197. 194 — Application 202

    194 Application 202

  198. 195 — Requirement to provide annual title assessment report 202

    195 Requirement to provide annual title assessment report 202

  199. 196 — Reports may be combined with permission 203

    196 Reports may be combined with permission 203

  200. 197 — Title assessment report for part of a year 203

    197 Title assessment report for part of a year 203

  201. 198 — Information to be provided in annual title assessment

    198 Information to be provided in annual title assessment report—petroleum exploration permit 204

  202. 199 — Information to be provided in annual title assessment

    199 Information to be provided in annual title assessment report—petroleum retention lease 205

  203. 200 — Information to be provided in annual title assessment

    200 Information to be provided in annual title assessment report—petroleum production licence 207 Authorised by the Chief Parliamentary Counsel viii Regulation Page

  204. 201 — Information to be provided in annual title assessment

    201 Information to be provided in annual title assessment report—greenhouse gas assessment permit 208

  205. 202 — Information to be provided in annual title assessment

    202 Information to be provided in annual title assessment report—greenhouse gas holding lease 209 Part 5.4—Field development plans and approvals of petroleum recovery 211 Division 1—Preliminary 211

  206. 203 — Definitions 211

    203 Definitions 211 Division 2—Field development plan requirements for petroleum production licensees 212

  207. 204 — Requirement to have an accepted field development plan 212

    204 Requirement to have an accepted field development plan 212

  208. 205 — Requirement to undertake activities in accordance with

    205 Requirement to undertake activities in accordance with accepted field development plan 213 Division 3—Obtaining acceptance of field development plan 214

  209. 206 — Application for acceptance of field development plan 214

    206 Application for acceptance of field development plan 214

  210. 207 — Minister's decision on field development plan 214

    207 Minister's decision on field development plan 214

  211. 208 — Criteria for acceptance of field development plan 215

    208 Criteria for acceptance of field development plan 215

  212. 209 — Contents of field development plan 216

    209 Contents of field development plan 216 Division 4—Variation of field development plan 218

  213. 210 — Requirement to apply for variation of field development plan 218

    210 Requirement to apply for variation of field development plan 218

  214. 211 — Application must be made at least 90 days before major

    211 Application must be made at least 90 days before major change 218

  215. 212 — Minister's decision on variation of field development plan 219

    212 Minister's decision on variation of field development plan 219

  216. 213 — Variation required by Minister 220

    213 Variation required by Minister 220

  217. 214 — Objection to requirement to vary field development plan 221

    214 Objection to requirement to vary field development plan 221

  218. 215 — Decision on objection 222

    215 Decision on objection 222 Division 5—Recovery of petroleum before field development plan is accepted 222

  219. 216 — Application for approval to undertake the recovery of

    216 Application for approval to undertake the recovery of petroleum without accepted field development plan 222

  220. 217 — Decision on application 223

    217 Decision on application 223 Division 6—Transitional provisions about field development plans 224

  221. 218 — Recovering petroleum on or before the commencement of

    218 Recovering petroleum on or before the commencement of this Chapter if a field development plan has been accepted before commencement day 224 Authorised by the Chief Parliamentary Counsel ix Regulation Page Division 7—Approval of rate of recovery of petroleum 225

  222. 219 — Requirement to obtain approval of rate of recovery of

    219 Requirement to obtain approval of rate of recovery of petroleum 225

  223. 220 — Application for approval of rate of recovery from pool in

    220 Application for approval of rate of recovery from pool in licence area 226 Division 8—Requirement to notify significant event 227

  224. 221 — Requirement to notify significant event to Minister 227

    221 Requirement to notify significant event to Minister 227 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders 228 Division 1—Preliminary 228

  225. 222 — Application 228

    222 Application 228

  226. 223 — Definitions 228

    223 Definitions 228

  227. 224 — Part is a listed OHS law 229

    224 Part is a listed OHS law 229 Division 2—Requirements—well operations management plan 230

  228. 225 — Requirement to have accepted well operations management

    225 Requirement to have accepted well operations management plan 230

  229. 226 — Requirement to undertake activities in accordance with

    226 Requirement to undertake activities in accordance with accepted well operations management plan 231 Division 3—Obtaining acceptance of well operations management plan 232

  230. 227 — Application for acceptance of well operations management

    227 Application for acceptance of well operations management plan 232

  231. 228 — Decision on well operations management plan 233

    228 Decision on well operations management plan 233

  232. 229 — Criteria for acceptance of well operations management plan 234

    229 Criteria for acceptance of well operations management plan 234

  233. 230 — Contents of well operations management plan 235

    230 Contents of well operations management plan 235

  234. 231 — Status of well operations management plan 237

    231 Status of well operations management plan 237 Division 4—Variation of well operations management plan 238

  235. 232 — Application for acceptance of variation 238

    232 Application for acceptance of variation 238

  236. 233 — Requirement to apply for variation of well operations

    233 Requirement to apply for variation of well operations management plan 238

  237. 234 — Decision on request for acceptance of varied well operations

    234 Decision on request for acceptance of varied well operations management plan 238

  238. 235 — Variation required by Minister 240

    235 Variation required by Minister 240

  239. 236 — Objection to requirement to vary 240

    236 Objection to requirement to vary 240

  240. 237 — Decision on objection 241

    237 Decision on objection 241 Division 5—Termination of well operations management plan 241

  241. 238 — Termination of well operations management plan 241

    238 Termination of well operations management plan 241 Authorised by the Chief Parliamentary Counsel x Regulation Page Division 6—Withdrawal of acceptance of well operations management plan 242

  242. 239 — Reasons for withdrawal of acceptance 242

    239 Reasons for withdrawal of acceptance 242

  243. 240 — Notice of proposal to withdraw acceptance 242

    240 Notice of proposal to withdraw acceptance 242

  244. 241 — Decision to withdraw acceptance 243

    241 Decision to withdraw acceptance 243

  245. 242 — Relationship between withdrawal and other provisions 244

    242 Relationship between withdrawal and other provisions 244 Division 7—Approval for specific well activities 244

  246. 243 — Requirement for approval of certain well activities that

    243 Requirement for approval of certain well activities that change well bore 244

  247. 244 — Application for approval to undertake activity 245

    244 Application for approval to undertake activity 245

  248. 245 — Minister may request more information 246

    245 Minister may request more information 246

  249. 246 — Decision on application 246

    246 Decision on application 246 Division 8—Control of hazards and risks 247

  250. 247 — Requirement to control well integrity hazard or risk 247

    247 Requirement to control well integrity hazard or risk 247 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders 248 Division 1—Preliminary 248

  251. 247A — Application 248

    247A Application 248

  252. 247B — Definitions 248

    247B Definitions 248

  253. 247C — Part is a listed OHS law 249

    247C Part is a listed OHS law 249 Division 2—Requirements—well operations management plan 250

  254. 247D — Requirement to have accepted well operations management

    247D Requirement to have accepted well operations management plan 250

  255. 247E — Requirement to undertake activities in accordance with

    247E Requirement to undertake activities in accordance with accepted well operations management plan 251 Division 3—Obtaining acceptance of well operations management plan 252

  256. 247F — Application for acceptance of well operations management

    247F Application for acceptance of well operations management plan 252

  257. 247G — Decision on well operations management plan 252

    247G Decision on well operations management plan 252

  258. 247H — Criteria for acceptance of well operations management plan 254

    247H Criteria for acceptance of well operations management plan 254

  259. 247I — Contents of well operations management plan 255

    247I Contents of well operations management plan 255

  260. 247J — Status of well operations management plan 257

    247J Status of well operations management plan 257 Division 4—Variation of well operations management plan 257

  261. 247K — Application for acceptance of variation 257

    247K Application for acceptance of variation 257

  262. 247L — Requirement to apply for variation of well operations

    247L Requirement to apply for variation of well operations management plan 258

  263. 247M — Decision on request for acceptance of varied well operations

    247M Decision on request for acceptance of varied well operations management plan 258

  264. 247N — Variation required by NOPSEMA 260

    247N Variation required by NOPSEMA 260 Authorised by the Chief Parliamentary Counsel xi Regulation Page

  265. 247O — Objection to requirement to vary 260

    247O Objection to requirement to vary 260

  266. 247P — Decision on objection 261

    247P Decision on objection 261 Division 5—Termination of well operations management plan 261

  267. 247Q — Termination of well operations management plan 261

    247Q Termination of well operations management plan 261 Division 6—Withdrawal of acceptance of well operations management plan 262

  268. 247R — Reasons for withdrawal of acceptance 262

    247R Reasons for withdrawal of acceptance 262

  269. 247S — Notice of proposal to withdraw acceptance 262

    247S Notice of proposal to withdraw acceptance 262

  270. 247T — Decision to withdraw acceptance 263

    247T Decision to withdraw acceptance 263

  271. 247U — Relationship between withdrawal and other provisions 264

    247U Relationship between withdrawal and other provisions 264 Division 7—Approval for specific well activities 264

  272. 247V — Requirement for approval of certain well activities that

    247V Requirement for approval of certain well activities that change well bore 264

  273. 247W — Application for approval to undertake activity 265

    247W Application for approval to undertake activity 265

  274. 247X — Minister may request more information 266

    247X Minister may request more information 266

  275. 247Y — Decision on application 266

    247Y Decision on application 266 Division 8—Control of hazards and risks 267

  276. 247Z — Requirement to control well integrity hazard or risk 267

    247Z Requirement to control well integrity hazard or risk 267 Part 5.6—Authorisation of petroleum titleholders to conduct greenhouse gas exploration 268

  277. 248 — Application of Part 268

    248 Application of Part 268

  278. 249 — Definitions 268

    249 Definitions 268

  279. 250 — Requirement to notify about authorised activity in title area 268

    250 Requirement to notify about authorised activity in title area 268

  280. 251 — Authorisation of petroleum exploration permittee 269

    251 Authorisation of petroleum exploration permittee 269

  281. 252 — Authorisation of petroleum retention lessee 269

    252 Authorisation of petroleum retention lessee 269

  282. 253 — Authorisation of petroleum production licensee 269

    253 Authorisation of petroleum production licensee 269 Part 5.7—Data management—petroleum titleholders 271 Division 1—Requirements for keeping information 271

  283. 254 — Purpose of Division 271

    254 Purpose of Division 271

  284. 255 — Requirement to securely retain information 271

    255 Requirement to securely retain information 271

  285. 256 — Requirement to retain information so that retrieval is

    256 Requirement to retain information so that retrieval is reasonably practicable 271 Division 2—Requirements for collection and retention of cores, cuttings and samples 272

  286. 257 — Purpose of Division 272

    257 Purpose of Division 272

  287. 258 — Requirement to retain core, cutting or sample 272

    258 Requirement to retain core, cutting or sample 272

  288. 259 — Requirement to retain core, cutting or sample in Australia 272

    259 Requirement to retain core, cutting or sample in Australia 272

  289. 260 — Requirement to return core, cutting or sample to Australia 273

    260 Requirement to return core, cutting or sample to Australia 273 Authorised by the Chief Parliamentary Counsel xii Regulation Page

  290. 261 — Requirement to provide report about overseas analysis of

    261 Requirement to provide report about overseas analysis of core, cutting or sample 273

  291. 262 — Requirement to securely retain core, cutting or sample 274

    262 Requirement to securely retain core, cutting or sample 274

  292. 263 — Requirement to retain core, cutting or sample so that retrieval

    263 Requirement to retain core, cutting or sample so that retrieval is reasonably practicable 274 Division 3—Requirements for giving reports and samples 274 Subdivision 1—Preliminary 274

  293. 264 — Purpose of Division 274

    264 Purpose of Division 274 Subdivision 2—Reports about drilling wells 275

  294. 265 — Requirement for daily drilling report 275

    265 Requirement for daily drilling report 275

  295. 266 — Requirement for initial well completion report and data 276

    266 Requirement for initial well completion report and data 276

  296. 267 — Requirement for final well completion report and data 279

    267 Requirement for final well completion report and data 279 Subdivision 3—Reports about geophysical and geological surveys 282

  297. 268 — Requirement for weekly survey report 282

    268 Requirement for weekly survey report 282

  298. 269 — Requirement for survey acquisition report and data 283

    269 Requirement for survey acquisition report and data 283

  299. 270 — Requirement for survey processing report and data 286

    270 Requirement for survey processing report and data 286

  300. 271 — Requirement for survey interpretation report and data 288

    271 Requirement for survey interpretation report and data 288 Subdivision 4—Other reports 289

  301. 272 — Requirement for monthly report from petroleum production

    272 Requirement for monthly report from petroleum production licensee 289 Subdivision 5—Cores, cuttings and samples 291

  302. 273 — Requirement to give core, cutting or sample 291

    273 Requirement to give core, cutting or sample 291 Part 5.8—Release of technical information about petroleum 295 Division 1—Preliminary 295

  303. 274 — Definitions 295

    274 Definitions 295 Division 2—Classification of documentary information 295

  304. 275 — Meaning of permanently confidential information 295

    275 Meaning of permanently confidential information 295

  305. 276 — Meaning of interpretative information 297

    276 Meaning of interpretative information 297

  306. 277 — Classification dispute notice 298

    277 Classification dispute notice 298

  307. 278 — Making an objection 300

    278 Making an objection 300

  308. 279 — Consideration of objection by Minister 301

    279 Consideration of objection by Minister 301

  309. 280 — Review of decision by Minister 301

    280 Review of decision by Minister 301

  310. 281 — When objection ceases to be in force 302

    281 When objection ceases to be in force 302 Division 3—Release of documentary information 303

  311. 282 — Purpose of Division 303

    282 Purpose of Division 303

  312. 283 — Release of open information about wells and surveys 303

    283 Release of open information about wells and surveys 303

  313. 284 — Release of basic disclosable information 303

    284 Release of basic disclosable information 303 Authorised by the Chief Parliamentary Counsel xiii Regulation Page

  314. 285 — Release of interpretative disclosable information 308

    285 Release of interpretative disclosable information 308

  315. 286 — Release of documentary information—prior availability or

    286 Release of documentary information—prior availability or consent 308 Division 4—Release of petroleum mining samples 309

  316. 287 — Purpose of Division 309

    287 Purpose of Division 309

  317. 288 — Release of petroleum mining samples after relevant day 310

    288 Release of petroleum mining samples after relevant day 310

  318. 289 — Release of petroleum mining samples—prior availability or

    289 Release of petroleum mining samples—prior availability or consent 310 Part 5.9—Data management—greenhouse gas titleholders 312 Division 1—Requirements to keep information 312

  319. 290 — Purpose of Division 312

    290 Purpose of Division 312

  320. 291 — Requirement to securely retain information 312

    291 Requirement to securely retain information 312

  321. 292 — Requirement to retain information so that retrieval is

    292 Requirement to retain information so that retrieval is reasonably practicable 312 Division 2—Requirements for collection and retention of cores, cuttings and samples 313

  322. 293 — Purpose of Division 313

    293 Purpose of Division 313

  323. 294 — Requirement to retain core, cutting or sample 313

    294 Requirement to retain core, cutting or sample 313

  324. 295 — Requirement to retain core, cutting or sample in Australia 313

    295 Requirement to retain core, cutting or sample in Australia 313

  325. 296 — Requirement to return core, cutting or sample to Australia 314

    296 Requirement to return core, cutting or sample to Australia 314

  326. 297 — Requirement to provide report about overseas analysis of

    297 Requirement to provide report about overseas analysis of core, cutting or sample 314

  327. 298 — Requirement to securely retain core, cutting or sample 315

    298 Requirement to securely retain core, cutting or sample 315

  328. 299 — Requirement to retain core, cutting or sample so that retrieval

    299 Requirement to retain core, cutting or sample so that retrieval is reasonably practicable 315 Division 3—Requirements for giving reports and samples 315 Subdivision 1—Preliminary 315

  329. 300 — Purpose of Division 315

    300 Purpose of Division 315 Subdivision 2—Reports about drilling wells 316

  330. 301 — Requirement for daily drilling report 316

    301 Requirement for daily drilling report 316

  331. 302 — Requirement for initial well completion report and data 317

    302 Requirement for initial well completion report and data 317

  332. 303 — Requirement for final well completion report and data 320

    303 Requirement for final well completion report and data 320 Subdivision 3—Reports about geophysical and geological surveys 323

  333. 304 — Requirement for weekly survey report 323

    304 Requirement for weekly survey report 323

  334. 305 — Requirement for survey acquisition report and data 324

    305 Requirement for survey acquisition report and data 324

  335. 306 — Requirement for survey processing report and data 326

    306 Requirement for survey processing report and data 326

  336. 307 — Requirement for survey interpretation report and data 328

    307 Requirement for survey interpretation report and data 328 Authorised by the Chief Parliamentary Counsel xiv Regulation Page Subdivision 4—Other reports 330

  337. 308 — Requirement for greenhouse gas injection monthly report

    308 Requirement for greenhouse gas injection monthly report— greenhouse gas injection licensee 330

  338. 309 — Requirement for greenhouse gas injection annual report

    309 Requirement for greenhouse gas injection annual report— greenhouse gas injection licensee 332

  339. 310 — Requirement for monthly greenhouse gas accounting

    310 Requirement for monthly greenhouse gas accounting report—greenhouse gas injection licensee 333

  340. 311 — Requirement for annual greenhouse gas accounting report

    311 Requirement for annual greenhouse gas accounting report greenhouse gas injection licensee 335 Subdivision 5—Cores, cuttings and samples 336

  341. 312 — Requirement to give core, cutting or sample 336

    312 Requirement to give core, cutting or sample 336 Part 5.10—Release of technical information about greenhouse gas 339 Division 1—Preliminary 339

  342. 313 — Definitions 339

    313 Definitions 339 Division 2—Classification of documentary information 339

  343. 314 — Meaning of permanently confidential information 339

    314 Meaning of permanently confidential information 339

  344. 315 — Meaning of interpretative information 341

    315 Meaning of interpretative information 341

  345. 316 — Classification dispute notice 342

    316 Classification dispute notice 342

  346. 317 — Making an objection 344

    317 Making an objection 344

  347. 318 — Consideration of objection by Minister 345

    318 Consideration of objection by Minister 345

  348. 319 — When objection ceases to be in force 345

    319 When objection ceases to be in force 345 Division 3—Release of documentary information 346

  349. 320 — Purpose of Division 346

    320 Purpose of Division 346

  350. 321 — Release of open information about wells and surveys 346

    321 Release of open information about wells and surveys 346

  351. 322 — Release of information from greenhouse gas accounting

    322 Release of information from greenhouse gas accounting reports 346

  352. 323 — Release of basic disclosable information 347

    323 Release of basic disclosable information 347

  353. 324 — Release of interpretative disclosable information 352

    324 Release of interpretative disclosable information 352

  354. 325 — Release of documentary information—prior availability or

    325 Release of documentary information—prior availability or consent 353 Division 4—Release of eligible samples 353

  355. 326 — Purpose of Division 353

    326 Purpose of Division 353

  356. 327 — Release of eligible samples after relevant day 354

    327 Release of eligible samples after relevant day 354

  357. 328 — Release of eligible samples—prior availability or consent 354

    328 Release of eligible samples—prior availability or consent 354 Part 5.11—Miscellaneous 356

  358. 329 — Form of instrument of transfer 356

    329 Form of instrument of transfer 356

  359. 330 — Prescribed details for supplementary instrument for approval

    330 Prescribed details for supplementary instrument for approval of dealing 356

  360. 331 — Survey of wells, structures or equipment 358

    331 Survey of wells, structures or equipment 358

  361. 332 — Notice of route followed by pipeline 359

    332 Notice of route followed by pipeline 359 Authorised by the Chief Parliamentary Counsel xv Regulation Page

  362. 333 — Requirement to give notice of pipeline incident 359

    333 Requirement to give notice of pipeline incident 359

  363. 334 — Requirement to provide written report about pipeline incident 360

    334 Requirement to provide written report about pipeline incident 360

  364. 335 — Requirement for notice of geophysical or geological survey 362

    335 Requirement for notice of geophysical or geological survey 362

  365. 336 — Requirement to give notice of actions for royalty purposes 363

    336 Requirement to give notice of actions for royalty purposes 363 Chapter 6—Miscellaneous 364 Part 6.1—Fees 364 Division 1—Application fees 364

  366. 337 — Application fees 364

    337 Application fees 364 Division 2—Annual fees 364

  367. 338 — Work-bid petroleum permit fee 364

    338 Work-bid petroleum permit fee 364

  368. 339 — Special petroleum exploration permit fee 364

    339 Special petroleum exploration permit fee 364

  369. 340 — Petroleum retention lease fee 365

    340 Petroleum retention lease fee 365

  370. 341 — Petroleum production licence fee 365

    341 Petroleum production licence fee 365

  371. 342 — Infrastructure licence fee 365

    342 Infrastructure licence fee 365

  372. 343 — Pipeline licence fee 365

    343 Pipeline licence fee 365

  373. 344 — Greenhouse gas holding lease fee 365

    344 Greenhouse gas holding lease fee 365

  374. 345 — Greenhouse gas injection licence fee 365

    345 Greenhouse gas injection licence fee 365 Division 3—Other fees 366

  375. 346 — Fee for entries in the Register of memoranda of transfers of

    346 Fee for entries in the Register of memoranda of transfers of title 366

  376. 347 — Fee for approval of dealing relating to a petroleum title 366

    347 Fee for approval of dealing relating to a petroleum title 366

  377. 348 — Fee for registration of transfer of greenhouse gas title 366

    348 Fee for registration of transfer of greenhouse gas title 366

  378. 349 — Fee for registration of dealing with greenhouse gas title 366

    349 Fee for registration of dealing with greenhouse gas title 366

  379. 350 — Register inspection fees 366

    350 Register inspection fees 366

  380. 351 — Document and certification fees 366

    351 Document and certification fees 366

  381. 352 — Information fees 367

    352 Information fees 367

  382. 353 — Sample inspection fees 368

    353 Sample inspection fees 368 Part 6.2—Transitional provisions for Chapter 3—safety 369 Division 1—Preliminary 369

  383. 354 — Definitions 369

    354 Definitions 369 Division 2—Operators 370

  384. 355 — Operator of a facility before 1 January 2012 370

    355 Operator of a facility before 1 January 2012 370

  385. 356 — Register of operators 370

    356 Register of operators 370 Division 3—Safety cases 371

  386. 357 — Existing safety cases remain in force 371

    357 Existing safety cases remain in force 371

  387. 358 — Application for acceptance of safety case or varied safety

    358 Application for acceptance of safety case or varied safety case made before 1 January 2012 372 Authorised by the Chief Parliamentary Counsel xvi Regulation Page Division 4—Pipelines 373

  388. 359 — Existing pipeline management plans remain in force 373

    359 Existing pipeline management plans remain in force 373

  389. 360 — Application for acceptance of pipeline management plan or

    360 Application for acceptance of pipeline management plan or varied pipeline management plan made before 1 January 2012 373

  390. 361 — Operator of a pipeline before 1 January 2012 375

    361 Operator of a pipeline before 1 January 2012 375 Division 5—Diving safety management systems and diving project plans 375

  391. 362 — Register of DSMSs and varied DSMSs 375

    362 Register of DSMSs and varied DSMSs 375

  392. 363 — Existing DSMS remain in force 376

    363 Existing DSMS remain in force 376

  393. 364 — Application for acceptance of DSMS or varied DSMS made

    364 Application for acceptance of DSMS or varied DSMS made before 1 January 2012 376

  394. 365 — Notices taken to be given by Safety Authority 377

    365 Notices taken to be given by Safety Authority 377

  395. 366 — Existing diving project plans remain in force 377

    366 Existing diving project plans remain in force 377 Division 6—Administrative actions taken before 1 January 2012 378

  396. 367 — Actions 378

    367 Actions 378 Division 7—Exemptions from requirements in Part 3 of Schedule 3 to the Act 378

  397. 368 — Existing exemptions remain in force 378

    368 Existing exemptions remain in force 378

  398. 369 — Application for exemption made before 1 January 2012 379

    369 Application for exemption made before 1 January 2012 379 Schedules 380 Schedule 1 380 Schedule 2—Forms 382 Schedule 3—Hazardous substances 394 Schedule 4—Information to be set out in application for declaration of a part of a geological formation as an identified greenhouse gas storage formation 401 Schedule 5—Information that must be set out in Part B of site plan 405 Schedule 6—Information that must be set out in summary of site plan 411 Schedule 7—Initial well completion data 412 Schedule 8—Final well completion data 413 Schedule 9—Survey acquisition data 414 Schedule 10—Processed survey data 415 Authorised by the Chief Parliamentary Counsel xvii Regulation Page Schedule 11—Interpretative survey data 418 Schedule 12—Transfer of title 419 ═══════════════ Endnotes 420

  399. 1 — General information 420

    1 General information 420

  400. 2 — Table of Amendments 422

    2 Table of Amendments 422

  401. 3 — Amendments Not in Operation 423

    3 Amendments Not in Operation 423

  402. 4 — Explanatory details 424

    4 Explanatory details 424 Authorised by the Chief Parliamentary Counsel xviii Authorised Version No. 004 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Authorised Version incorporating amendments as at

  403. 4 — October 2016

    4 October 2016 Chapter 1—Preliminary

  404. 1 — Objective

    1 Objective The objective of these Regulations is to provide for the elimination and minimisation, so far as is practicable, of the environmental, health and safety hazards and risks involved in undertaking petroleum and greenhouse gas activities and, in particular, to make provision in relation to— (a) the manner in which certain petroleum activities, greenhouse gas activities or greenhouse gas injection and storage activities are carried out in the offshore area; and (b) the manner in which certain facilities are designed, constructed, installed, operated, modified and decommissioned in the offshore area; and (c) to ensure that operations in the offshore area are carried out in accordance with good oilfield practice and are compatible with optimum long-term recovery of petroleum; and (d) to prescribe requirements for various administrative activities, fees and other matters. Authorised by the Chief Parliamentary Counsel 1 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011

  405. 2 — Authorising provision

    2 Authorising provision These Regulations are made under section 794 of the Offshore Petroleum and Greenhouse Gas Storage Act 2010.

  406. 3 — Commencement

    3 Commencement These Regulations come into operation on 1 January 2012.

  407. 4 — Definitions

    4 Definitions In these Regulations— commencement date means 1 January 2012; risk means the likelihood of a specific undesired event occurring within a specific period or in specified circumstances and with specified consequences; Note A risk may be understood as a frequency (the number of specified events occurring within a period) or a probability (the likelihood of a specific event following another event). Reg. 4 def. of the Act means the Offshore Petroleum and the Act amended by Greenhouse Gas Storage Act 2010; S.R. No. 160/2012 reg. 5(a). Reg. 4 def. of vary, in relation to an environmental plan or a vary amended by safety case, includes extend or modify. S.R. No. 160/2012 reg. 5(b). Note Other words and expressions used in these Regulations have the meanings given by the Act (for example, offshore area) or in other Chapters of these Regulations. Authorised by the Chief Parliamentary Counsel 2 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.1—Preliminary Chapter 2—Environment Part 2.1—Preliminary

  408. 5 — Objects of this Chapter

    5 Objects of this Chapter The objects of this Chapter are to ensure that any petroleum activity or greenhouse gas activity carried out in the offshore area is— (a) carried out in a manner consistent with the principles of ecologically sustainable development; and (b) carried out in a manner by which the Reg. 5(b) substituted by environmental impacts and risks of the S.R. No. activity will be reduced to as low as 123/2016 reg. 4. reasonably practicable; and (c) carried out in a manner by which the Reg. 5(c) inserted by environmental impacts and risks of the S.R. No. activity will be of an acceptable level. 123/2016 reg. 4.

  409. 6 — Definitions

    6 Definitions In this Chapter— * * * * * Reg. 6 def. of accepted revoked by S.R. No. 123/2016 reg. 5(b). activity means a petroleum activity or a greenhouse gas activity; control measure means a system, an item of Reg. 6 def. of control equipment, a person or a procedure that is measure used as a basis for managing environmental inserted by S.R. No. impacts and risks; 123/2016 reg. 5(a). Authorised by the Chief Parliamentary Counsel 3 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.1—Preliminary environment means— (a) ecosystems and their constituent parts, including people and communities; and (b) natural and physical resources; and (c) the qualities and characteristics of locations, places and areas; and (d) the heritage value of places— and includes— (e) the social, economic and cultural features of the matters mentioned in paragraphs (a), (b), (c) and (d); Reg. 6 def. of environmental impact means any change to the environmental impact environment, whether adverse or beneficial, amended by that wholly or partially results from an S.R. No. 123/2016 activity; reg. 5(c). Reg. 6 def. of environmental management system means the environmental management system used by a titleholder to establish and system implement its environmental policy and inserted by S.R. No. manage the environmental aspects of an 123/2016 activity, and includes organisational reg. 5(a). structure, planning activities, responsibilities, practices, procedures, processes and resources; Reg. 6 def. of environmental performance means the environmental performance performance of a titleholder in relation to the substituted by environmental performance outcomes and S.R. No. 123/2016 standards mentioned in an environment plan; reg. 5(d). Authorised by the Chief Parliamentary Counsel 4 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.1—Preliminary * * * * * Reg. 6 def. of environmental performance objective revoked by S.R. No. 123/2016 reg. 5(e). environmental performance outcome means a Reg. 6 def. of environmental measurable level of performance required for performance the management of environmental aspects of outcome inserted by an activity to ensure that environmental S.R. No. impacts and risks will be of an acceptable 123/2016 reg. 5(a). level; environmental performance standard means a Reg. 6 def. of environmental statement of the performance required of a performance control measure; standard substituted by S.R. No. 123/2016 reg. 5(f). environment plan means the document known as Reg. 6 def. of environment an environment plan that is submitted to the plan Minister under regulation 11; substituted by S.R. No. 123/2016 reg. 5(g). facility includes a structure or installation of any kind; greenhouse gas activity means operations or Reg. 6 def. of greenhouse works in an offshore area undertaken for the gas activity purpose of— substituted by S.R. No. 123/2016 (a) exercising a right conferred on a reg. 5(h). greenhouse gas titleholder under the Act by a greenhouse gas title; or (b) discharging an obligation imposed on a greenhouse gas titleholder by the Act or a legislative instrument under the Act; Authorised by the Chief Parliamentary Counsel 5 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.1—Preliminary Reg. 6 def. of * * * * * greenhouse gas instrument revoked by S.R. No. 123/2016 reg. 5(i). Reg. 6 def. of * * * * * greenhouse gas instrument holder revoked by S.R. No. 123/2016 reg. 5(j). Reg. 6 def. of greenhouse gas title means any of the greenhouse gas title following— inserted by S.R. No. (a) a greenhouse gas assessment permit; 123/2016 reg. 5(a). (b) a greenhouse gas holding lease; (c) a greenhouse gas injection licence; (d) a greenhouse gas search authority; (e) a greenhouse gas special authority; (f) a greenhouse gas research consent; Reg. 6 def. of greenhouse gas titleholder means any of the greenhouse gas titleholder following— inserted by S.R. No. (a) a greenhouse gas assessment permittee; 123/2016 reg. 5(a). (b) a greenhouse gas holding lessee; (c) a greenhouse gas injection licensee; (d) a registered holder of a greenhouse gas search authority; (e) a registered holder of a greenhouse gas special authority; (f) a holder of a greenhouse gas research consent; Authorised by the Chief Parliamentary Counsel 6 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.1—Preliminary in force, in relation to an environment plan, Reg. 6 def. of including a revised environment plan, means in force inserted by that— S.R. No. 123/2016 (a) the plan has been accepted; and reg. 5(a). (b) the acceptance of the plan has not been withdrawn; and (c) the operation of the plan has not ended; * * * * * Reg. 6 def. of instrument holder revoked by S.R. No. 123/2016 reg. 5(k). * * * * * Reg. 6 def. of nominated address revoked by S.R. No. 123/2016 reg. 5(l). * * * * * Reg. 6 def. of operator revoked by S.R. No. 123/2016 reg. 5(m). petroleum activity means operations or works in Reg. 6 def. of petroleum an offshore area undertaken for the purpose activity of— substituted by S.R. No. 123/2016 (a) exercising a right conferred on a reg. 5(n). petroleum titleholder under the Act by a petroleum title; or (b) discharging an obligation imposed on a petroleum titleholder by the Act or a legislative instrument under the Act; Authorised by the Chief Parliamentary Counsel 7 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.1—Preliminary Reg. 6 def. of * * * * * petroleum instrument revoked by S.R. No. 123/2016 reg. 5(o). Reg. 6 def. of * * * * * petroleum instrument holder revoked by S.R. No. 123/2016 reg. 5(p). Reg. 6 def. of petroleum title means any of the following— petroleum title inserted by S.R. No. (a) a petroleum exploration permit; 123/2016 reg. 5(a). (b) a petroleum retention lease; (c) a petroleum production licence; (d) a pipeline licence; (e) an infrastructure licence; (f) a petroleum access authority; (g) a petroleum special prospecting authority; (h) a petroleum scientific investigation consent; Reg. 6 def. of petroleum titleholder means any of the petroleum titleholder following— inserted by S.R. No. (a) a petroleum exploration permittee; 123/2016 reg. 5(a). (b) a petroleum retention lessee; (c) a petroleum production licensee; (d) a pipeline licensee; (e) an infrastructure licensee; (f) the registered holder of a petroleum access authority; Authorised by the Chief Parliamentary Counsel 8 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.1—Preliminary (g) the registered holder of a petroleum special prospecting authority; (h) the holder of a petroleum scientific investigation consent; recordable incident, for an activity, means a Reg. 6 def. of recordable breach of an environmental performance incident outcome or environmental performance substituted by S.R. No. standard, in the environment plan that 123/2016 applies to the activity, that is not a reportable reg. 5(q). incident; reportable incident, in relation to an activity, Reg. 6 def. of reportable means an incident relating to the activity, incident whether or not described in an environment amended by S.R. Nos plan in force for the activity, that has caused, 133/2012 or has the potential to cause— reg. 5, 123/2016 reg. 5(r). (a) moderate to catastrophic environmental consequences; and (b) a breach of, or non-compliance with— (i) the Act; or (ii) this Chapter; or (iii) the environmental performance outcomes set out in an environment plan in force for the activity; titleholder means— Reg. 6 def. of titleholder inserted by (a) a greenhouse gas titleholder; or S.R. No. 123/2016 (b) a petroleum titleholder. reg. 5(a).

  410. 7 — References to an activity

    7 References to an activity A reference in this Chapter to an activity includes, where the context permits, a reference to— (a) a proposed activity; and (b) any stage of an activity. Authorised by the Chief Parliamentary Counsel 9 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans Part 2.2—Environment plans Division 1—Requirement for an environment plan

  411. 8 — Accepted environment plan required for an activity

    8 Accepted environment plan required for an activity Reg. 8(1) (1) A titleholder must not undertake an activity if amended by S.R. No. there is no environment plan in force for that 133/2012 activity. reg. 6, substituted by S.R. No. Penalty: In the case of a body corporate, 123/2016 400 penalty units; reg. 6. In the case of a natural person, 80 penalty units. (2) This regulation does not affect any other requirement under these Regulations for a consent to construct or install, or a consent to use, a facility.

  412. 9 — Operations must comply with the accepted

    9 Operations must comply with the accepted environment plan Reg. 9(1) (1) A titleholder must not undertake an activity in a amended by S.R. Nos way that is contrary to— 133/2012 reg. 7, (a) the accepted environment plan in force for 123/2016 reg. 7(1). the activity; or (b) any limitation or condition applying to operations for the activity under this Chapter. Penalty: In the case of a body corporate, 400 penalty units; In the case of a natural person, 80 penalty units. Reg. 9(2) (2) Subregulation (1) does not apply to a titleholder substituted by S.R. No. who undertakes an activity in a manner contrary 123/2016 to the environment plan if the titleholder is acting reg. 7(2). in accordance with the consent in writing of the Minister to undertake the activity in that manner. Authorised by the Chief Parliamentary Counsel 10 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans (3) The Minister must not give a consent under subregulation (2) unless there are reasonable grounds for believing that the way in which the activity is to be carried out will not result in the occurrence of any significant new environmental impact or risk, or significant increase in any existing environmental impact or risk.

  413. 10 — Operations must not continue if new or increased

    10 Operations must not continue if new or increased environmental risk identified (1) A titleholder must not undertake an activity Reg. 10(1) amended by after the occurrence of any significant new S.R. No. environmental impact or risk, or any significant 133/2012 reg. 8(1), increase in an existing environmental impact or substituted by risk, arising from the activity if the environment S.R. No. 123/2016 plan in force for the activity does not provide reg. 8(1). for— (a) the new impact or risk; or (b) the increase in the impact or risk. Penalty: In the case of a body corporate, 400 penalty units; In the case of a natural person, 80 penalty units. * * * * * Reg. 10(2) amended by S.R. No. 133/2012 reg. 8(2), revoked by S.R. No. 123/2016 reg. 8(1). (3) Subregulation (1) does not apply to the titleholder Reg. 10(3) amended by in relation to an activity if the titleholder submits S.R. No. a proposed variation of the environment plan in 123/2016 reg. 8(2). accordance with regulation 20 and the Minister has not refused to accept the variation. Authorised by the Chief Parliamentary Counsel 11 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans Ch. 2 Pt 2.2 Division 2—Acceptance of an environment plan Div. 2 (Heading and regs 11–13) substituted as Ch. 2 Pt 2.2 Div. 2 (Heading and regs 11–13F) by S.R. No. 123/2016 reg. 9. Reg. 11 substituted by

  414. 11 — Submission of an environment plan1

    11 Submission of an environment plan1 S.R. No. 123/2016 (1) Before commencing an activity, a titleholder must reg. 9. submit an environment plan for the activity to the Minister. (2) An applicant for a petroleum access authority, petroleum special prospecting authority, pipeline licence, greenhouse gas search authority or greenhouse gas special authority— (a) may submit an environment plan for an activity under the authority or licence to the Minister; and (b) is taken to be a titleholder for the purposes of this Division and Division 3. Reg. 12 12 Form of environment plan substituted by S.R. No. 123/2016 (1) An environment plan must be in writing. reg. 9. (2) An environment plan may, if the Minister approves, relate to— (a) one or more stages of an activity; or (b) a specified activity in one or more identified locations specified in the plan; or (c) more than one activity; or (d) an activity or activities to be undertaken under 2 or more titles held by different titleholders. Authorised by the Chief Parliamentary Counsel 12 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans

  415. 13 — Publication of information about environment plan Reg. 13

    13 Publication of information about environment plan Reg. 13 substituted by If an environment plan is submitted to the S.R. No. Minister, the Minister must, as soon as 123/2016 reg. 9. practicable, publicly disclose— (a) the name of the titleholder; and (b) a description of the activity or stage of the activity to which the environment plan relates; and (c) the location of the activity; and (d) details of the titleholder's nominated liaison person for the activity; and (e) the decision (if any) made by the Minister in relation to the environment plan.

  416. 13A — Withdrawal of submitted environment plan Reg. 13A

    13A Withdrawal of submitted environment plan Reg. 13A inserted by S.R. No. (1) A titleholder may, by notice in writing to the 123/2016 Minister, withdraw a submitted environment plan reg. 9. at any time before the Minister has made a decision to accept or refuse to accept the plan. (2) If an environment plan is withdrawn, the Minister must publicly disclose the withdrawal.

  417. 13B — Further information Reg. 13B

    13B Further information Reg. 13B inserted by S.R. No. (1) If a titleholder submits an environment plan, the 123/2016 Minister may request the titleholder to provide reg. 9. further written information about any matter required by these Regulations to be included in an environment plan. (2) The request under subregulation (1) must— (a) be in writing; and (b) set out each matter for which information is requested; and (c) specify a reasonable period within which the information is to be provided. Authorised by the Chief Parliamentary Counsel 13 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans (3) If a titleholder receives a request, and provides information requested by the Minister within the period specified or within a longer period agreed to by the Minister— (a) the information becomes part of the environment plan; and (b) the Minister must have regard to the information as if it had been included in the submitted environment plan. Reg. 13C 13C Making decision on submitted environment plan inserted by S.R. No. 123/2016 (1) Within 30 days after a titleholder submits an reg. 9. environment plan— (a) if the Minister is reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must accept the plan; or (b) if the Minister is not reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must give the titleholder notice in writing under subregulation (2); or (c) if the Minister is unable to make a decision on the environment plan within the 30 day period, the Minister must give the titleholder notice in writing and set out a proposed timetable for consideration of the plan. (2) A notice to a titleholder under this regulation must— (a) state that the Minister is not reasonably satisfied that the environment plan submitted by the titleholder meets the criteria set out in regulation 13D; and (b) identify the criteria set out in regulation 13D about which the Minister is not reasonably satisfied; and Authorised by the Chief Parliamentary Counsel 14 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans (c) set a date by which the titleholder may resubmit the plan. (3) The date referred to in subregulation (2)(c) must give the titleholder a reasonable opportunity to modify and resubmit the plan. (4) Within 30 days after the titleholder has resubmitted the modified plan— (a) if the Minister is reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must accept the plan; or (b) if the Minister is still not reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must— (i) give the titleholder a further notice under subregulation (2); or (ii) refuse to accept the plan; or (iii) act under subregulation (6); or (c) if the Minister is unable to make a decision on the environment plan within the 30 day period, the Minister must give the titleholder notice in writing and set out a proposed timetable for consideration of the plan. (5) If the titleholder does not resubmit the plan by the date referred to in subregulation (2)(c), or a later date agreed to by the Minister, the Minister must— (a) refuse to accept the plan; or (b) act under subregulation (6). Authorised by the Chief Parliamentary Counsel 15 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans (6) For the purposes of subregulation (4)(b)(iii) and (5)(b), the Minister may do either or both of the following— (a) accept the plan in part for a particular stage of the activity; (b) accept the plan subject to limitations or conditions applying to operations for the activity. (7) A decision by the Minister to accept, or refuse to accept, an environment plan is not invalid only because the Minister did not comply with the 30 day period in subregulation (1) or (4). Reg. 13D 13D Criteria for acceptance of environment plan inserted by S.R. No. 123/2016 The criteria for acceptance of an environment plan reg. 9. under regulation 13C are that the plan— (a) is appropriate for the nature and scale of the activity; and (b) demonstrates that the environmental impacts and risks of the activity will be reduced to as low as reasonably practicable; and (c) demonstrates that the environmental impacts and risks of the activity will be of an acceptable level; and (d) provides for appropriate environmental performance outcomes, environmental performance standards and measurement criteria; and (e) includes an appropriate implementation strategy and monitoring, recording and reporting arrangements; and (f) demonstrates that— (i) the titleholder has carried out the consultation required by regulation 13F; and Authorised by the Chief Parliamentary Counsel 16 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans (ii) the measures (if any) that the titleholder has adopted, or proposes to adopt, because of the consultation are appropriate; and (g) complies with the Act and these Regulations.

  418. 13E — Notice of decision on environment plan and Reg. 13E

    13E Notice of decision on environment plan and Reg. 13E inserted by submission of summary S.R. No. 123/2016 (1) The Minister must give the titleholder notice in reg. 9. writing of a decision by the Minister to— (a) accept the environment plan; or (b) refuse to accept the plan; or (c) accept the plan in part for a particular stage of the activity, or subject to limitations or conditions. (2) A notice of a decision mentioned in subregulation (1)(b) or (c) must set out— (a) the terms of the decision and the reasons for it; and (b) any limitations or conditions that are to apply to operations for the activity. (3) Within 10 days after receiving notice that the Minister has accepted an environment plan (whether in full, in part or subject to limitations or conditions), the titleholder must submit a summary of the accepted plan to the Minister for public disclosure. (4) The summary— (a) must include the following material from the environment plan— (i) the location of the activity; (ii) a description of the receiving environment; Authorised by the Chief Parliamentary Counsel 17 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans (iii) a description of the activity; (iv) details of environmental impacts and risks; (v) a summary of the control measures for the activity; (vi) a summary of the arrangements for ongoing monitoring of the titleholder's environmental performance; (vii) a summary of environmental emergency response arrangements; (viii) details of consultation already undertaken, and plans for ongoing consultation; (ix) details of the titleholder's nominated liaison person for the activity; and (b) must be to the satisfaction of the Minister. Reg. 13F 13F Consultation with relevant authorities, persons and inserted by S.R. No. organisations, etc. 123/2016 reg. 9. (1) In the course of preparing an environment plan, or a variation of an environment plan, a titleholder must consult each of the following— (a) any authority or entity of the State to which the activities to be carried out under the environment plan, or the variation of the environment plan, may be relevant; (b) a person or organisation whose functions, interests or activities may be affected by the activities to be carried out under the environment plan, or the variation of the environment plan; (c) any other person or organisation that the titleholder considers relevant. Authorised by the Chief Parliamentary Counsel 18 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans (2) For the purpose of the consultation, the titleholder must give each of those consulted sufficient information to allow them to make an informed assessment of the possible consequences of the activity on their functions, interests or activities. (3) The titleholder must allow a reasonable period for the consultation. Division 3—Contents of an environment plan

  419. 14 — Contents of an environment plan

    14 Contents of an environment plan An environment plan for an activity must include the matters set out in regulations 15, 16, 17, 18 and 19.

  420. 15 — Environmental assessment

    15 Environmental assessment (1) The environment plan must contain a comprehensive description of the activity including the following— (a) the location or locations of the activity; (b) general details of the construction and layout of any facility or other structure; (c) an outline of the operational details of the activity (for example, seismic surveys, exploration drilling or production) and proposed timetables; (d) any additional information relevant to consideration of environmental impacts and risks of the activity. (2) The environment plan must— (a) describe the environment that may be affected by the activity; and (b) include details of the particular relevant values and sensitivities (if any) of that environment. Authorised by the Chief Parliamentary Counsel 19 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans Reg. 15(3) (3) The environment plan must— substituted by S.R. No. 123/2016 (a) describe the requirements, including reg. 10(1). legislative requirements, that apply to the activity and are relevant to the environmental management of the activity; and (b) demonstrate how those requirements will be met; and (c) include details of the environmental impacts and risks for the activity; and (d) include an evaluation of all the impacts and risks appropriate to the nature and scale of each impact or risk; and (e) specify details of the control measures that will be used to reduce the impacts and risks of the activity to as low as reasonably practicable and an acceptable level. Reg. 15(4) (4) To avoid doubt, the evaluation mentioned in amended by S.R. No. subregulation (3)(d) must evaluate all the 123/2016 significant impacts and risks arising directly or reg. 10(2)(a). indirectly from— Reg. 15(4)(a) (a) all operations of the activity; and amended by S.R. No. 123/2016 reg. 10(2)(b). (b) potential emergency conditions, whether resulting from accident or any other reason. Reg. 15(5) (5) The environment plan must— substituted by S.R. No. 123/2016 (a) set environmental performance standards reg. 10(3). for the control measures identified under subregulation (3)(e); and (b) set out the environmental performance outcomes against which the performance of the titleholder in protecting the environment is to be measured; and Authorised by the Chief Parliamentary Counsel 20 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans (c) include measurement criteria that the titleholder will use to determine whether each environmental performance outcome and environmental performance standard is being met. * * * * * Reg. 15(6) revoked by S.R. No. 123/2016 reg. 10(3).

  421. 16 — Implementation strategy for the environment plan

    16 Implementation strategy for the environment plan (1) The environment plan must contain an implementation strategy for the activity in accordance with this regulation. (2) The implementation strategy must— Reg. 16(2) substituted by S.R. No. (a) state when the titleholder will report to the 123/2016 Minister in relation to the titleholder's reg. 11(1). environmental performance for the activity; and (b) provide that the interval between reports will not be more than one year. Note Regulation 31A requires a titleholder to report on environmental performance in accordance with the timetable set out in the environment plan. (3) The implementation strategy must contain a Reg. 16(3) substituted by description of the environmental management S.R. No. system for the activity, including specific 123/2016 reg. 11(1). measures to be used to ensure that, for the duration of the activity— (a) the environmental impacts and risks of the activity continue to be identified and reduced to a level that is as low as reasonably practicable; and Authorised by the Chief Parliamentary Counsel 21 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans (b) control measures detailed in the environment plan are effective in reducing the environmental impacts and risks of the activity to as low as reasonably practicable and an acceptable level; and (c) environmental performance outcomes and standards set out in the environment plan are being met. Reg. 16(4) (4) The implementation strategy must establish a amended by S.R. No. clear chain of command, setting out the roles and 123/2016 responsibilities of personnel in relation to the reg. 11(2). implementation, management and review of the environment plan, including during emergencies or potential emergencies. Reg. 16(5) (5) The implementation strategy must include amended by S.R. No. measures to ensure that each employee or 123/2016 contractor working on, or in connection with, the reg. 11(3). activity is aware of his or her responsibilities in relation to the environment plan, including during emergencies or potential emergencies, and has the appropriate competencies and training. Reg. 16(6) (6) The implementation strategy must provide substituted by S.R. No. for sufficient monitoring, recording, audit, 123/2016 management of non-conformance and review of reg. 11(4). the titleholder's environmental performance and the implementation strategy to ensure that the environmental performance outcomes and standards in the environment plan are being met. Reg. 16(7) (7) The implementation strategy must provide for substituted by S.R. No. sufficient monitoring of, and maintaining a 123/2016 quantitative record of, emissions and discharges reg. 11(4). (whether occurring during normal operations or otherwise), such that the record can be used to assess whether the environmental performance outcomes and standards in the environment plan are being met. Authorised by the Chief Parliamentary Counsel 22 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans (8) The implementation strategy must provide for appropriate ongoing consultation with— (a) relevant authorities or entities of the State; Reg. 16(8)(a) substituted by and S.R. No. 123/2016 reg. 11(5). (b) other relevant interested persons or organisations. (9) The implementation strategy must comply with the Act, these Regulations and any other environmental legislation applying to the activity.

  422. 17 — Environmental emergency response manual

    17 Environmental emergency response manual (1) The implementation strategy mentioned in Reg. 17(1) amended by regulation 16 must include the maintenance of an S.R. No. environmental emergency response manual in 123/2016 reg. 12. accordance with this regulation. (2) The environmental emergency response manual must— (a) be kept up to date; and (b) include emergency response arrangements. (3) The response arrangements in the environmental emergency response manual must be tested— (a) when they are introduced; and (b) when they are significantly amended; and (c) not later than 12 months after the most recent test; and (d) for a new location for the activity that is added to the environment plan after the response arrangements have been tested and before the next test is conducted—when the location is added to the plan; and Authorised by the Chief Parliamentary Counsel 23 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans (e) for a facility or other structure that becomes operational after the response arrangements have been tested and before the next test is conducted—when the facility or structure becomes operational. Reg. 18 18 Details of titleholder and liaison person substituted by S.R. No. 123/2016 (1) The environment plan must include the following reg. 13. details of the titleholder— (a) name; (b) business address; (c) telephone number (if any); (d) fax number (if any); (e) email address (if any); (f) if the titleholder is a body corporate that has an ACN (within the meaning of the Corporations Act)—ACN. (2) The environment plan must also include the following details of the titleholder's nominated liaison person— (a) name; (b) business address; (c) telephone number (if any); (d) fax number (if any); (e) email address (if any). (3) The environment plan must include arrangements for notifying the Minister of a change in the titleholder's nominated liaison person or a change in the contact details for either the titleholder or the liaison person. Authorised by the Chief Parliamentary Counsel 24 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans

  423. 19 — Other information in the environment plan

    19 Other information in the environment plan The environment plan must contain the following— (a) a statement of the titleholder's corporate Reg. 19(a) amended by environmental policy; S.R. No. 123/2016 reg. 14(1). (b) a report on all consultations between the Reg. 19(b) amended by titleholder and relevant authorities, interested S.R. No. persons and organisations in the course of 123/2016 reg. 14(2). developing the environment plan; (c) details of all reportable incidents in relation to the proposed activity. Division 4—Variation of an environment plan2

  424. 20 — Variation because of a change, or proposed change, Reg. 20

    20 Variation because of a change, or proposed change, Reg. 20 of circumstances or operations substituted by S.R. No. (1) A titleholder may, with the Minister's approval, 123/2016 reg. 15. submit to the Minister a proposed variation of an environment plan before the commencement of a new activity. (2) A titleholder must submit to the Minister a proposed variation of the environment plan for an activity before the commencement of any significant modification or new stage of the activity that is not provided for in the environment plan as currently in force. (3) A titleholder must submit a proposed variation of the environment plan for an activity before, or as soon as practicable after— (a) the occurrence of any significant new environmental impact or risk, or significant increase in an existing environmental impact or risk, not provided for in the environment plan in force for the activity; or Authorised by the Chief Parliamentary Counsel 25 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans (b) the occurrence of a series of new environmental impacts or risks, or a series of increases in existing environmental impacts or risks, which, taken together, amount to the occurrence of— (i) a significant new environmental impact or risk; or (ii) a significant increase in an existing environmental impact or risk— that is not provided for in the environment plan in force for the activity. (4) If a change in the titleholder will result in a change in the manner in which the environmental impacts and risks of an activity are managed, the new titleholder must submit a proposed variation of the environment plan for the activity as soon as practicable.

  425. 21 — Variation on request by the Minister3

    21 Variation on request by the Minister3 Reg. 21(1) (1) A titleholder must submit to the Minister a substituted by S.R. No. proposed variation of the environment plan for an 123/2016 activity if the Minister requests the titleholder to reg. 16(1). do so. (2) A request by the Minister must be in writing and set out the following— (a) the matters to be addressed by the variation; (b) the proposed date of effect of the variation; (c) the grounds for the request. Reg. 21(3) (3) The titleholder may make a submission in writing amended by S.R. No. to the Minister stating the titleholder's reasons for 123/2016 one or more of the following matters— reg. 16(2). (a) why the variation should not occur; Authorised by the Chief Parliamentary Counsel 26 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans (b) why the variation should be in different terms from the terms of the proposed variation; (c) why the variation should take effect on a date later than the proposed date. (4) A submission by the titleholder must be made Reg. 21(4) amended by within 21 days after receiving the request, or S.R. No. within any longer period that the Minister in 123/2016 reg. 16(3). writing allows. (5) If the Minister agrees, the titleholder may submit a Reg. 21(5) amended by proposed variation in the form of a variation of a S.R. No. part of the accepted environment plan in force for 123/2016 reg. 16(4). the activity. (6) If a submission complies with subregulations (3), (4) and (5), the Minister must— (a) decide whether to accept one or more of the reasons stated in the submission; and (b) give the titleholder notice in writing of the Reg. 21(6)(b) amended by decision; and S.R. No. 123/2016 reg. 16(5). (c) to the extent (if any) that the Minister Reg. 21(6)(c) amended by accepts the reasons, give the titleholder S.R. No. notice in writing that varies or withdraws the 123/2016 reg. 16(5). request in accordance with the decision; and (d) to the extent (if any) that the Minister does Reg. 21(6)(d) amended by not accept the reasons, give the titleholder S.R. No. notice in writing of the grounds for not 123/2016 reg. 16(5). accepting them. (7) An titleholder must comply with a request made Reg. 21(7) amended by by the Minister under this regulation and not S.R. No. withdrawn, or with a request as varied under this 123/2016 reg. 16(5). regulation, as soon as practicable. Authorised by the Chief Parliamentary Counsel 27 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans

  426. 22 — Variation at the end of each 5 years4

    22 Variation at the end of each 5 years4 Reg. 22(1) (1) A titleholder must submit to the Minister a amended by S.R. No. proposed variation of the environment plan for an 123/2016 activity at least 14 days before the end of each reg. 17 (1)(a)(b). period of 5 years, commencing on the latest of the following— (a) the day on which the environment plan is first accepted under regulation 13 by the Minister; (b) the day on which a varied environment plan submitted under this regulation is accepted under regulation 13 by the Minister; Reg. 22(1)(c) (c) in relation to a variation of an environment amended by S.R. No. plan submitted under regulation 20 or 21, the 123/2016 day (if any) notified by the Minister under reg. 17(1)(c). subregulation (2). Reg. 22(2) (2) For the purposes of subregulation (1)(c), the amended by S.R. No. Minister may notify the titleholder that the effect 123/2016 of a variation of an environment plan submitted reg. 17(2). under regulation 20 or 21 is that the period of 5 years mentioned in subregulation (1) starts on the date specified in the notification. Reg. 23 23 Form of proposed variation amended by S.R. No. 123/2016 A proposed variation of an environment plan must reg. 18. be in the form of a varied environment plan or, if the titleholder and the Minister so agree, a varied part of the environment plan. Reg. 23A 23A Publication of information about proposed variation inserted by S.R. No. 123/2016 If a proposed variation of an environment plan is reg. 19. submitted to the Minister, the Minister must, as soon as practicable, publicly disclose— (a) the name of the titleholder; and Authorised by the Chief Parliamentary Counsel 28 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans (b) a description of the activity or stage of the activity to which the revised environment plan or revised part relates; and (c) the reason for the variation; and (d) the location of the activity; and (e) details of the titleholder's nominated liaison person for the activity; and (f) the decision (if any) made by the Minister in relation to the revised environment plan or revised part.

  427. 24 — Acceptance of a varied environment plan Reg. 24

    24 Acceptance of a varied environment plan Reg. 24 amended by S.R. No. Regulations 12, 13C, 13D and 13E apply to a 123/2016 proposed variation of an environment plan as if— reg. 20(1). (a) a reference in those regulations to the submission, acceptance or non-acceptance of the environment plan were a reference to the submission, acceptance or non-acceptance of the proposed variation; and (b) any other reference in those regulations to the environment plan were a reference to the plan as varied by the proposed variation. Note Note to reg. 24 substituted by These regulations deal with the consideration and S.R. No. acceptance of an environment plan. 123/2016 reg. 20(2).

  428. 25 — Effect of non-acceptance of proposed variation

    25 Effect of non-acceptance of proposed variation If a proposed variation of an environment plan is not accepted, the provisions of the environment plan in force for the activity existing immediately before the proposed variation was submitted remain in force, subject to the Act and this Chapter (in particular, the provisions of Division 5), as if the variation had not been proposed. Authorised by the Chief Parliamentary Counsel 29 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans Division 5—Withdrawal of acceptance of an environment plan

  429. 26 — Withdrawal of acceptance of environment plan

    26 Withdrawal of acceptance of environment plan Reg. 26(1) (1) The Minister, by notice in writing to the amended by S.R. No. titleholder for an activity, may withdraw the 123/2016 acceptance of the environment plan in force reg. 21(1). for the activity on any ground set out in subregulation (2). (2) For the purposes of subregulation (1), the grounds are that— Reg. 26(2)(a) (a) the titleholder has not complied with— amended by S.R. No. 123/2016 (i) a provision of the Act relating to reg. 21(2)(a). environmental requirements; or (ii) a direction given by the Minister under section 623 of the Act; or Reg. 26(2)(b) (b) the titleholder has not complied with amended by S.R. No. regulation 9, 10, 20, 21 or 22; or 123/2016 reg. 21(2)(b). Reg. 26(2)(c) (c) the Minister has refused to accept a proposed amended by S.R. No. variation of the environment plan; or 123/2016 reg. 21(2)(c). Reg. 26(2)(d) (d) the Minister is not reasonably satisfied, inserted by S.R. No. after 2 or more requests for modification of a 123/2016 report on environmental performance under reg. 21(2)(d). regulation 31A, that the titleholder has given the Minister sufficient information to enable the Minister to determine whether the environmental performance outcomes and standards in the environment plan have been met. (3) A notice under subregulation (1) must set out the reasons for the decision. Authorised by the Chief Parliamentary Counsel 30 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans

  430. 27 — Steps to be taken before withdrawal of acceptance

    27 Steps to be taken before withdrawal of acceptance (1) Before withdrawing the acceptance of an environment plan in force for an activity the Minister must comply with subregulations (2), (4) and (5). (2) The Minister must give the titleholder at least Reg. 27(2) amended by 30 days notice in writing of the Minister's S.R. No. intention to withdraw acceptance of the plan. 123/2016 reg. 22(1). (3) The Minister may give a copy of the notice to such other persons (if any) as the Minister thinks fit. (4) The Minister must specify in the notice a date Reg. 27(4) amended by (the specified date) on or before which the S.R. No. titleholder (or any other person to whom a copy 123/2016 reg. 22(1). of the notice has been given) may submit to the Minister, in writing, any matters for the Minister to take into account. (5) The Minister must take into account— (a) any action taken by the titleholder to remove Reg. 27(5)(a) amended by the ground for withdrawal of acceptance, or S.R. No. to prevent the recurrence of that ground; and 123/2016 reg. 22(2)(a). (b) any matter submitted to the Minister before Reg. 27(5)(b) amended by the specified date by the titleholder or a S.R. No. person to whom a copy of the notice has 123/2016 reg. 22(2)(b). been given.

  431. 28 — Withdrawal of acceptance not affected by other

    28 Withdrawal of acceptance not affected by other provisions (1) The Minister may withdraw the acceptance of an Reg. 28(1) amended by environment plan in force for an activity on the S.R. No. ground that the titleholder has not complied with a 123/2016 reg. 23(1). provision of the Act, or of a regulation mentioned in regulation 26(2)(b), even though the titleholder has been convicted of an offence by reason of the failure to comply with that provision. Authorised by the Chief Parliamentary Counsel 31 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.2—Environment plans Reg. 28(2) (2) If the Minister withdraws the acceptance of substituted by an environment plan on the ground that the S.R. No. 123/2016 titleholder has not complied with a provision reg. 23(2). of the Act, or of a regulation mentioned in regulation 26(2)(b), the titleholder may be convicted of an offence by reason of the failure to comply with the provision even though the acceptance of the environment plan has been withdrawn. Reg. 28A 28A Environment plan ends when titleholder notifies inserted by S.R. No. completion 123/2016 reg. 24. The operation of an environment plan ends when— (a) the titleholder notifies the Minister that— (i) the activity or activities to which the plan relates have ended; and (ii) all of the obligations under the environment plan have been completed; and (b) the Minister accepts the notification. Authorised by the Chief Parliamentary Counsel 32 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.3—Incidents, reports and records Part 2.3—Incidents, reports and records

  432. 29 — Notifying reportable incidents

    29 Notifying reportable incidents (1) A titleholder who undertakes an activity must, if Reg. 29(1) amended by there is a reportable incident, notify the reportable S.R. No. incident in accordance with subregulation (3). 133/2012 reg. 9, substituted by Penalty: In the case of a body corporate, S.R. No. 200 penalty units; 123/2016 reg. 25(1). In the case of a natural person, 40 penalty units. (2) Subregulation (1) does not apply if the titleholder Reg. 29(2) amended by has a reasonable excuse. S.R. No. 123/2016 reg. 25(2). (3) A notification under subregulation (1)— (a) must be given to the Minister; and (b) must be given as soon as practicable, and in any case not later than 2 hours after— (i) the first occurrence of the reportable incident; or (ii) if the reportable incident was not Reg. 29 (3)(b)(ii) detected by the titleholder at the time of amended by the first occurrence—the time the S.R. No. 123/2016 titleholder becomes aware of the reg. 25(3)(a). reportable incident; and (c) must be oral; and Reg. 29(3)(c) substituted by S.R. No. 123/2016 reg. 25(3)(b). (d) must contain— (i) all material facts and circumstances Reg. 29(3)(d)(i) amended by concerning the reportable incident that S.R. No. the titleholder knows or is able, by 123/2016 reg. 25(3)(c). reasonable search or enquiry, to find out; and Authorised by the Chief Parliamentary Counsel 33 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.3—Incidents, reports and records (ii) any action taken to avoid or mitigate any adverse environment impacts of the reportable incident; and Reg. 29 (iii) the corrective action that has been (3)(d)(iii) amended by taken, or is proposed to be taken, to S.R. No. stop, control or remedy the reportable 123/2016 reg. 25(3)(d). incident. Reg. 29(4) (4) As soon as practicable after the titleholder notifies inserted by S.R. No. a reportable incident, the titleholder must give a 123/2016 written record of the notification to the Minister. reg. 25(4). Reg. 29(5) (5) The titleholder is not required to include in the inserted by S.R. No. record anything that was not included in the 123/2016 notification. reg. 25(4).

  433. 30 — Written report of reportable incidents

    30 Written report of reportable incidents Reg. 30(1) (1) A titleholder who undertakes an activity must, if amended by S.R. No. there is a reportable incident, submit a written 133/2012 report of the reportable incident in accordance reg. 10, substituted by with subregulation (3). S.R. No. 123/2016 Penalty: In the case of a body corporate, reg. 26(1). 200 penalty units; In the case of a natural person, 40 penalty units. Reg. 30(2) (2) Subregulation (1) does not apply if the titleholder amended by S.R. No. has a reasonable excuse. 123/2016 reg. 26(2). (3) A written report under subregulation (1)— (a) must be given to the Minister; and Authorised by the Chief Parliamentary Counsel 34 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.3—Incidents, reports and records (b) must be given as soon as practicable, and in any case— (i) not later than 3 days after the first occurrence of the reportable incident; or (ii) if the Minister specifies, within 3 days after the first occurrence of the reportable incident, another period within which the report must be provided—within that period; and (c) must contain— (i) all material facts and circumstances Reg. 30(3)(c)(i) amended by concerning the reportable incident that S.R. No. the titleholder knows or is able, by 123/2016 reg. 26(3)(a). reasonable search or enquiry, to find out; and (ii) any action taken to avoid or mitigate any adverse environment impacts of the reportable incident; and (iii) the corrective action that has been Reg. 30 (3)(c)(iii) taken, or is proposed to be taken, to substituted by stop, control or remedy the reportable S.R. No. 123/2016 incident; and reg. 26(3)(b). (iv) the action that has been taken, or is Reg. 30 (3)(c)(iv) proposed to be taken, to prevent a inserted by similar incident occurring in the future. S.R. No. 123/2016 reg. 26(3)(b).

  434. 30A — Additional written reports if requested Reg. 30A

    30A Additional written reports if requested Reg. 30A inserted by S.R. No. (1) This regulation applies if a titleholder notifies 123/2016 a reportable incident in accordance with reg. 27. regulation 29. Authorised by the Chief Parliamentary Counsel 35 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.3—Incidents, reports and records (2) The Minister may, by notice in writing, require the titleholder to submit one or more written reports of the reportable incident after the written report required under regulation 30. (3) The notice must— (a) identify the information to be contained in a report or the matters to be addressed; and (b) specify when the report must be given to the Minister. (4) The date or time specified for giving the report must give the titleholder a reasonable time for preparing the report. (5) A titleholder must submit a written report of a reportable incident in accordance with a notice given by the Minister to the titleholder under this regulation. Penalty: In the case of a body corporate, 200 penalty units; In the case of a natural person, 40 penalty units. (6) Subregulation (5) does not apply if the titleholder has a reasonable excuse.

  435. 31 — Reporting recordable incidents

    31 Reporting recordable incidents Reg. 31(1) (1) A titleholder who undertakes an activity must, if amended by S.R. No. there is a recordable incident, submit a written 133/2012 report of the recordable incident in accordance reg. 11, substituted by with this regulation. S.R. No. 123/2016 Penalty: In the case of a body corporate, reg. 28(1). 200 penalty units; In the case of a natural person, 40 penalty units. Authorised by the Chief Parliamentary Counsel 36 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.3—Incidents, reports and records (2) Subregulation (1) does not apply if the titleholder Reg. 31(2) has a reasonable excuse. amended by S.R. No. 123/2016 reg. 28(2). (3) A written report under subregulation (1)— (a) must be given to the Minister; and (b) must relate to a calendar month; and (c) must be given as soon as practicable after the end of the calendar month, and in any case not later than 15 days after the end of the calendar month; and (d) must contain— (i) a record of all recordable incidents that occurred during the calendar month; and (ii) all material facts and circumstances Reg. 31 (3)(d)(ii) concerning the recordable incidents that amended by the titleholder knows or is able, by S.R. No. 123/2016 reasonable search or enquiry, to find reg. 28(2). out; and (iii) any action taken to avoid or mitigate any adverse environment impacts of the recordable incidents; and (iv) the corrective action that has been Reg. 31 (3)(d)(iv) taken, or is proposed to be taken, to substituted by stop, control or remedy the recordable S.R. No. 123/2016 incident; and reg. 28(3). (v) the action that has been taken, or is Reg. 31 (3)(d)(iv) proposed to be taken, to prevent a inserted by similar incident occurring in the future. S.R. No. 123/2016 reg. 28(3). Authorised by the Chief Parliamentary Counsel 37 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.3—Incidents, reports and records Reg. 31A 31A Reporting environmental performance inserted by S.R. No. (1) A titleholder undertaking an activity must 123/2016 submit a report to the Minister in relation to the reg. 29. titleholder's environmental performance for the activity, at the intervals provided for in the environment plan. Note Regulation 16(2) requires an environment plan to state when the titleholder will submit reports. (2) If the Minister is not reasonably satisfied that a report is sufficient to enable the Minister to determine whether the environmental performance outcomes and standards in the environment plan have been met, the Minister may ask the titleholder to modify the report. (3) The request must— (a) be in writing; and (b) identify the reasons why the Minister is not reasonably satisfied with the report. Note If the Minister is still not reasonably satisfied after 2 or more requests for a modified report, this is a ground for the Minister to withdraw acceptance of the environment plan— see regulation 26(2)(d). Reg. 32 32 Storage of records amended by S.R. No. 133/2012 (1) A titleholder must store the environment plan in reg. 12, force for an activity in a way that makes retrieval substituted by S.R. No of the environment plan reasonably practicable. 123/2016 reg. 30. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units. Authorised by the Chief Parliamentary Counsel 38 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.3—Incidents, reports and records (2) A titleholder must store a version of an environment plan for an activity that was previously in force in a way that makes retrieval of the version reasonably practicable. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units. (3) Subregulation (2) does not apply if it is more than 5 years after the day on which the version of the environment plan ceased to be in force (whether because the plan was revised, acceptance of the plan was withdrawn, or the operation of the plan ended). (4) A titleholder who creates a document or other record specified in subregulation (6) must store the document or record in a way that makes retrieval of the document or record reasonably practicable. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units. (5) Subregulation (4) does not apply if it is more than 5 years after the day on which the document or record was created. (6) For the purpose of subregulation (4), the documents or other records are— (a) written reports (including monitoring, audit and review reports) about environmental performance, or about the implementation strategy, under an environment plan; and (b) records relating to environmental performance, or the implementation strategy, under an environment plan; and Authorised by the Chief Parliamentary Counsel 39 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.3—Incidents, reports and records (c) records of emissions and discharges into the environment made in accordance with an environment plan; and (d) records of calibration and maintenance of monitoring devices used in accordance with an environment plan; and (e) records and copies of notifications or reports mentioned in— (i) regulations 29, 30 and 30A, relating to reportable incidents; and (ii) regulation 31, relating to recordable incidents; and (iii) regulation 31A, relating to the titleholder's environmental performance for an activity.

  436. 33 — Making records available

    33 Making records available Reg. 33(1) (1) A titleholder must make available, in accordance amended by S.R. No. with this regulation, copies of the records 133/2012 specified in regulation 32. reg. 13, substituted by S.R. No. Penalty: In the case of a body corporate, 123/2016 150 penalty units; reg. 31(1). In the case of a natural person, 30 penalty units. Reg. 33(2) (2) The titleholder must make copies of the records amended by S.R. No. available to any of the following persons, on 123/2016 request in writing by the person— reg. 31(2)(a). (a) the Minister; (b) a delegate, under section 792 of the Act, of the Minister; (c) a greenhouse gas project inspector or a petroleum project inspector. Authorised by the Chief Parliamentary Counsel 40 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.3—Incidents, reports and records (3) If the person making the request states that copies Reg. 33(3) of the records be made available to an agent of the amended by S.R. No. person, the titleholder must make the copies 123/2016 available to the agent. reg. 31(2)(a). (4) However, if the titleholder— Reg. 33(4) amended by S.R. No. (a) requests a person who is a delegate of the 123/2016 Minister to produce written evidence of the reg. 31(2)(b). delegation; or (b) requests a person who is a greenhouse gas project inspector or a petroleum project inspector to produce written evidence of the person's appointment as a greenhouse gas project inspector or a petroleum project inspector; or (c) requests a person who is an agent to produce written evidence of the person's appointment as an agent— the titleholder is not required to make the records available unless the person produces the evidence to the titleholder. (5) The copies of the records must be made available— (a) in the case of an emergency relating to the Reg. 33(5)(a) amended by activity—as soon as possible at any time of S.R. No. the day or night on any day during an 123/2016 reg. 31(2)(c). emergency; or (b) in any other case—during normal business hours on any day at the place where the records are kept, other than a Saturday, a Sunday, or a public holiday appointed under the Public Holidays Act 1993. Authorised by the Chief Parliamentary Counsel 41 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.3—Incidents, reports and records Reg. 33(6) (6) The copies of the records must be made available amended by at the place where the records are kept or, if S.R. No. 123/2016 agreed between the titleholder and the person reg. 31(2)(d). making the request (or the person's agent), at any other place (including by means of electronic transmission to the person or agent at that place). Reg. 33(7) (7) If the records are stored on a computer, the amended by S.R. No. records must be made available in printout form 123/2016 or, if the titleholder and the Minister so agree, in reg. 31(2)(e). electronic form. Authorised by the Chief Parliamentary Counsel 42 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.4—Miscellaneous Part 2.4—Miscellaneous Ch. 2 Pt 2.4 (Heading and ss 34–39) amended by S.R. No. 133/2012 reg. 14, substituted as Ch. 2 Pt. 2.4 (Heading and ss 34, 35) by S.R. No. 123/2016 reg. 32.

  437. 34 — Notifying start and end of activity Reg. 34

    34 Notifying start and end of activity Reg. 34 substituted by S.R. No. (1) A titleholder must notify the Minister that an 123/2016 activity is to commence at least 10 days before reg. 32. the activity commences. (2) A titleholder must notify the Minister that an activity is completed within 10 days after the completion. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units.

  438. 35 — Titleholder may refer to information previously Reg. 35

    35 Titleholder may refer to information previously Reg. 35 substituted by given S.R. No. 123/2016 (1) A titleholder who, under these Regulations, is reg. 32. required to give the Minister information, or include information in a document, may refer to the information instead of giving it to the Minister or including it in the document if the information to be given or included is the same information given previously to the Minister for another purpose under the Act or the Regulations. (2) Subregulation (1) does not apply if the Minister advises the titleholder that the information is no longer available to the Minister. Authorised by the Chief Parliamentary Counsel 43 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 2.4—Miscellaneous (3) If the Minister has power to assess whether information is sufficient or adequate for a purpose, the Minister is not required to accept that information is sufficient or adequate for a purpose different from the one for which it was originally given. Authorised by the Chief Parliamentary Counsel 44 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.1—Preliminary Chapter 3—Safety Part 3.1—Preliminary

  439. 40 — Objects of this Chapter

    40 Objects of this Chapter (1) An object of this Chapter is to ensure that Reg. 40(1) amended by facilities are designed, constructed, installed, S.R. No. operated, modified and decommissioned in the 160/2012 reg. 6. offshore area only in accordance with safety cases that have been accepted by NOPSEMA. (2) An object of this Chapter is to ensure that safety cases for facilities make provision for the following matters in relation to the health and safety of persons at or near the facilities— (a) the identification of hazards and the assessment of risks; (b) the implementation of measures to eliminate the hazards, or otherwise control the risks; (c) a comprehensive and integrated system for management of the hazards and risks; (d) monitoring, audit, review and continuous improvement. (3) An object of this Chapter is to ensure that the risks to the health and safety of persons at facilities are reduced to a level that is as low as reasonably practicable. (4) An object of this Chapter is to ensure that diving Reg. 40(4) amended by to which the Act relates is carried out in the S.R. No. offshore area only in accordance with diving 160/2012 reg. 6. safety management systems that have been accepted by NOPSEMA. Authorised by the Chief Parliamentary Counsel 45 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.1—Preliminary (5) An object of this Chapter is to ensure that diving safety management systems make provision for the following matters in relation to the health and safety of persons— (a) the identification of hazards and assessment of risks; (b) the implementation of measures to eliminate the hazards, or otherwise control the risks; (c) a comprehensive and integrated system for management of the hazards and risks; (d) monitoring, audit, review and continuous improvement. (6) An object of this Chapter is to ensure that the risks to the health and safety of persons who carry out diving to which the Act relates are reduced to a level that is as low as reasonably practicable.

  440. 41 — Definitions

    41 Definitions In this Chapter— Reg. 41 def. of accepted DSMS means— accepted DSMS amended by (a) a DSMS that has been accepted by S.R. No. NOPSEMA under regulation 132 160/2012 reg. 7(1). or 133; or (b) a DSMS mentioned in regulation 364; ADAS means the Australian Diver Accreditation Scheme administered by the Board of the Australian Diver Accreditation Scheme; Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment means the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC:1003(1995)] published by the National Occupational Health and Safety Authorised by the Chief Parliamentary Counsel 46 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.1—Preliminary Commission in 1995, as amended from time to time; Approved Criteria for Classifying Hazardous Substances means the Approved Criteria for Classifying Hazardous Substances [NOHSC:1008(2004)], 3rd Edition, published by the National Occupational Health and Safety Commission in October 2004, as amended from time to time; AS/NZS 2299.1:2007 means AS/NZS 2299.1:2007, Occupational diving operations, Part 1: Standard Operational Practice, published jointly by Standards Australia and Standards New Zealand on

  441. 31 — August 2007, as amended from time to

    31 August 2007, as amended from time to time; confined space means an enclosed, or partially enclosed, space that— (a) is not used or intended for use as a regular workplace; and (b) has restricted means of entry and exit; and (c) has, or may have, inadequate ventilation, contaminated atmosphere or oxygen deficiency; and (d) is at atmospheric pressure when occupied; contractor has the meaning given by clause 3 of Schedule 3 to the Act; controlled substance means a substance listed in— (a) Schedule 8 to the Customs (Prohibited Exports) Regulations 1958 of the Commonwealth; or Authorised by the Chief Parliamentary Counsel 47 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.1—Preliminary (b) Schedule 4 to the Customs (Prohibited Imports) Regulations 1956 of the Commonwealth; dangerous occurrence has the meaning given by regulation 85(2); designated work group has the meaning given by clause 3 of Schedule 3 to the Act; diving has the meaning given by regulation 128; diving contractor means a person who enters into a contract to conduct a diving project; diving operation means an offshore petroleum operation or greenhouse gas storage operation consisting of one or more dives; diving project means an activity consisting of one or more diving operations; DSMS means a diving safety management system; election means an election for a health and safety representative or a deputy health and safety representative under clause 32 of Schedule 3 to the Act; emergency, in relation to a facility, means an urgent situation that presents, or may present, a risk of death or serious injury to persons at the facility; employer has the meaning given by clause 3 of Schedule 3 to the Act; facility has the meaning given by clause 3 of Schedule 3 to the Act; facility owner includes an owner, a charterer or a lessee of a facility or a proposed facility; Authorised by the Chief Parliamentary Counsel 48 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.1—Preliminary health and safety representative means a person selected as a health and safety representative for a designated work group under clause 31 of Schedule 3 to the Act; identity card means an identity card issued, under section 681 of the Commonwealth Act, to an OHS inspector; in force, in relation to a safety case, including a Reg. 41 def. of in force varied safety case, means that— amended by S.R. No. (a) the safety case has been accepted by 160/2012 reg. 7(2). NOPSEMA in relation to a facility; and (b) the acceptance of the safety case has not been withdrawn; intoxicant means a beverage or other substance for human consumption (other than a substance for medical or pharmaceutical use) that contains alcohol; List of Designated Hazardous Substances means the List of Designated Hazardous Substances [NOHSC:10005(1999)] published by the National Occupational Health and Safety Commission in April 1999, as amended from time to time; major accident event means an event connected with a facility, including a natural event, having the potential to cause multiple fatalities of persons at or near the facility; manned submersible craft means a craft that is designed to maintain its occupant, or some or all of its occupants, at or near atmospheric pressure while submerged (whether or not it is self-propelled, and whether or not it is supplied with breathing mixture by umbilical), including a craft in the form of a suit; Authorised by the Chief Parliamentary Counsel 49 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.1—Preliminary member of the workforce has the meaning given by clause 3 of Schedule 3 to the Act; National Code of Practice for Noise Management and Protection of Hearing at Work means the National Code of Practice for Noise Management and Protection of Hearing at Work [NOHSC: 2009(2004)], 3rd Edition, published by the National Occupational Health and Safety Commission in June 2004, as amended from time to time; National Model Regulations for the Control of Workplace Hazardous Substances means the National Model Regulations for the Control of Workplace Hazardous Substances [NOHSC:1005(1994)] published by the National Occupational Health and Safety Commission in 1994, as amended from time to time; National Standard for Occupational Noise means the National Standard for Occupational Noise [NOHSC: 1007(2000)], 2nd Edition, published by the National Occupational Health and Safety Commission in July 2000, as amended from time to time; offshore greenhouse gas storage operations has the meaning given by section 703 of the Act; offshore petroleum operations has the meaning given by section 703 of the Act; OHS inspector means a person appointed as an OHS inspector under section 680 of the Commonwealth Act; operator has the meaning given by clause 3 of Schedule 3 to the Act; Authorised by the Chief Parliamentary Counsel 50 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.1—Preliminary performance standard means a standard, established by the operator, of the performance required of a system, item of equipment, person or procedure which is used as a basis for managing the risk of a major accident event; pipe— (a) means a pipe for the purpose of conveying petroleum or a greenhouse gas substance; and (b) includes— (i) a petroleum or greenhouse gas pipeline; and (ii) a secondary line; registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); and registered nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession (other than as a midwife or student); and registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student); returning officer means a person appointed as a returning officer under regulation 102; safety case means the document known as a safety Reg. 41 def. of safety case case that is submitted to NOPSEMA under amended by Division 2 of Part 3.2; S.R. No. 160/2012 reg. 7(3). Authorised by the Chief Parliamentary Counsel 51 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.1—Preliminary safety management system, for a facility, means a system for managing occupational health and safety at the facility; stage in the life of the facility means any of the following— (a) construction of the facility; (b) installation of the facility; (c) operation of the facility; (d) modification of the facility; (e) decommissioning of the facility; therapeutic drug means a drug that— (a) may be prescribed by a registered medical practitioner under a law of a State or Territory; or (b) may be sold under that law, without a prescription prepared by a registered medical practitioner; titleholder means— (a) a greenhouse gas assessment permittee; or (b) a greenhouse gas holding lessee; or (c) a greenhouse gas injection licensee; or (d) an infrastructure licensee; or (e) a petroleum exploration permittee; or (f) a petroleum production licensee; or (g) a petroleum retention lessee; or (h) a pipeline licensee; Authorised by the Chief Parliamentary Counsel 52 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.1—Preliminary validation has the meaning given by regulation 84; voter means a person who is eligible to vote in an election under the Act; work has the meaning given by clause 3 of Schedule 3 to the Act; workplace has the meaning given by clause 3 of Schedule 3 to the Act.

  442. 42 — Vessels and structures that are not facilities

    42 Vessels and structures that are not facilities For the purposes of clause 8(d) of Schedule 3 to the Act, the vessels and structures in the following table are not facilities. Table Item Vessel or structure

  443. 1 — Vessel supporting a remotely-operated vehicle

    1 Vessel supporting a remotely-operated vehicle that is being used in connection with— (a) inspection; or (b) cleaning; or (c) non-disturbing span rectification (for example, grout bagging); or (d) the operation of a valve; or (e) the recovery of debris; or (f) valve control unit change out

  444. 2 — Vessel supporting a diving operation that

    2 Vessel supporting a diving operation that relates to— (a) inspection; or (b) cleaning; or (c) non-disturbing span rectification (for example, grout bagging); or (d) the operation of a valve; or (e) the recovery of debris; or (f) valve control unit change out Authorised by the Chief Parliamentary Counsel 53 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.1—Preliminary Item Vessel or structure

  445. 3 — Vessel supporting a remotely-operated vehicle

    3 Vessel supporting a remotely-operated vehicle that is being used in connection with the removal of weight coating from a pipe before hydro-testing

  446. 4 — Vessel supporting a diving operation that

    4 Vessel supporting a diving operation that relates to the removal of weight coating from a pipe before hydro-testing

  447. 5 — Vessel laying an umbilical or a cable

    5 Vessel laying an umbilical or a cable

  448. 6 — Vessel

    6 Vessel— (a) laying a clump weight anchor or mattress; or (b) conducting rock dumping on a pipe during its construction (before hydro-testing)

  449. 7 — Vessel placing support structures or

    7 Vessel placing support structures or foundations on the sea bed for the purpose of a facility, including— (a) foundation supports for a platform jacket, pipe end manifold or another manifold; or (b) foundation piles

  450. 8 — Vessel undertaking pipe trenching and burial

    8 Vessel undertaking pipe trenching and burial during the construction of a facility (before hydro-testing)

  451. 9 — Dumb barge that is "hipped-up" to a facility

    9 Dumb barge that is "hipped-up" to a facility

  452. 10 — Vessel installing and attaching a short length

    10 Vessel installing and attaching a short length flexible pipe or jumper if there is no petroleum or greenhouse gas substance contained in the pipe or equipment to which the flexible pipe or jumper is being connected

  453. 11 — Vessel placing a subsea pipe manifold or pipe

    11 Vessel placing a subsea pipe manifold or pipe end manifold during the construction of a facility (before hydro-testing)

  454. 12 — Vessel attaching a cathodic protection anode to

    12 Vessel attaching a cathodic protection anode to a pipe if welding is not required Authorised by the Chief Parliamentary Counsel 54 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.1—Preliminary Note Under clause 8(d) of Schedule 3 to the Act, a vessel or structure is taken not to be a facility for the purposes of that Schedule if the vessel or structure is a vessel or structure used for any purpose such that it is declared by the regulations not to be a facility.

  455. 43 — Vessels and structures that are not associated

    43 Vessels and structures that are not associated offshore places For the purposes of the definition of associated offshore place in clause 3 to Schedule 3 of the Act, the vessels and structures in the following table are not associated offshore places. Table Item Vessel or structure

  456. 1 — Vessel supporting a remotely-operated vehicle

    1 Vessel supporting a remotely-operated vehicle that is being used in connection with— (a) inspection; or (b) cleaning; or (c) non-disturbing span rectification (for example, grout bagging); or (d) the operation of a valve; or (e) the recovery of debris; or (f) valve control unit change out

  457. 2 — Vessel supporting a remotely-operated vehicle

    2 Vessel supporting a remotely-operated vehicle that is being used in connection with the removal of weight coating from a pipe before hydro-testing

  458. 3 — Vessel laying an umbilical or a cable

    3 Vessel laying an umbilical or a cable

  459. 4 — Vessel

    4 Vessel— (a) laying a clump weight anchor or mattress; or (b) conducting rock dumping on a pipe during its construction (before hydro-testing) Authorised by the Chief Parliamentary Counsel 55 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.1—Preliminary Item Vessel or structure

  460. 5 — Vessel placing support structures or

    5 Vessel placing support structures or foundations on the sea bed for the purpose of a facility, including— (a) foundation supports for a platform jacket, pipe end manifold or another manifold; or (b) foundation piles

  461. 6 — Vessel undertaking pipe trenching and burial

    6 Vessel undertaking pipe trenching and burial during the construction of a facility (before hydro-testing)

  462. 7 — Vessel installing and attaching a short length

    7 Vessel installing and attaching a short length flexible pipe or jumper if there is no petroleum or greenhouse gas substance contained in the pipe or equipment to which the flexible pipe or jumper is being connected

  463. 8 — Vessel placing a subsea pipe manifold or pipe

    8 Vessel placing a subsea pipe manifold or pipe end manifold during the construction of a facility (before hydro-testing)

  464. 9 — Vessel attaching a cathodic protection anode to

    9 Vessel attaching a cathodic protection anode to a pipe if welding is not required Note The exclusion of a vessel mentioned in an item in the table does not necessarily mean that a pipe, plant or equipment mentioned in the item is also excluded from the definition of associated offshore place.

  465. 44 — Forms, notices and reports

    44 Forms, notices and reports (1) A reference in this Chapter to a form by number is a reference to the form with that number in Schedule 2. (2) A form must be completed in accordance with a direction specified in, or at the foot of, the form. (3) A person who is required for the purposes of the Act or this Chapter— (a) to complete a form; or Authorised by the Chief Parliamentary Counsel 56 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.1—Preliminary (b) give notice or make a report— must complete the form, give notice or make the report in sufficient detail to allow proper consideration of the form, notice or report. (4) A form, notice or report must be produced clearly and legibly in handwriting or by means of a machine in such a manner as to enable clear and legible reproduction of the contents of the form, notice or report. Authorised by the Chief Parliamentary Counsel 57 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities Part 3.2—Offshore facilities Division 1—Operators

  466. 45 — Nomination of operator—general

    45 Nomination of operator—general Reg. 45(1) (1) A facility owner or a titleholder may give amended by S.R. No. NOPSEMA a written notice nominating a person 160/2012 to be the operator of a facility or a proposed reg. 8. facility. (2) The notice must include— (a) the person's name; and (b) the following contact details for the person— (i) if the person carries on business in Australia—the address of the person's principal place of business in Australia; (ii) if the person does not carry on business in Australia—the address of the person's principal place of business; (iii) telephone and facsimile numbers and an email address for the person at the place of business specified in the notice; (iv) telephone and facsimile numbers and an email address for the person outside business hours at the place of business specified in the notice; and (c) the following details, if applicable— (i) the person's Australian Company Number (ACN); (ii) the person's Australian Business Number (ABN); (iii) the person's Australian Registered Body Number (ARBN); Authorised by the Chief Parliamentary Counsel 58 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (iv) the person's Australian Registered Scheme Number (ARSN); and (d) the person's consent to the nomination.

  467. 46 — Acceptance or rejection of nomination of operator

    46 Acceptance or rejection of nomination of operator (1) NOPSEMA must accept the nomination of a Reg. 46(1) amended by person as the operator of a facility or a proposed S.R. No. facility if it is satisfied that the person has, or will 160/2012 reg. 9(1). have, the day-to-day management and control of— (a) the facility or proposed facility; and (b) operations at the facility or proposed facility. (2) NOPSEMA must reject the nomination if Reg. 46(2) amended by NOPSEMA is not satisfied that the nominee has, S.R. No. or will have, the day-to-day management and 160/2012 reg. 9(2). control of— (a) the facility or proposed facility; and (b) operations at the facility or proposed facility. (3) If NOPSEMA accepts the nomination, it must Reg. 46(3) amended by register the nominee as the operator of the facility S.R. No. or proposed facility. 160/2012 reg. 9(3). (4) NOPSEMA must notify the owner or titleholder Reg. 46(4) amended by who made the nomination, and the nominee— S.R. No. 160/2012 (a) of the decision to accept or reject the reg. 9(4)(a). nomination; and (b) if NOPSEMA has decided to reject the Reg. 46(4)(b) amended by nomination—of the reasons for the rejection. S.R. No. 160/2012 reg. 9(4)(b). Authorised by the Chief Parliamentary Counsel 59 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities

  468. 47 — Register of operators

    47 Register of operators Reg. 47(1) (1) NOPSEMA must— amended by S.R. No. 160/2012 (a) maintain the register of operators; and reg. 10(1). (b) publish on its Internet site— (i) the name of each operator; and (ii) the address of each operator, as notified under regulation 45(2)(b)(i) or (ii); and (iii) the name of each facility which the operator operates. Reg. 47(2) (2) An owner, titleholder or operator of a facility may amended by S.R. No. notify NOPSEMA, in writing, that the operator 160/2012 has ceased to be the person who has, or will have, reg. 10(2). the day-to-day management and control of— (a) the facility or proposed facility; and (b) operations at the facility or proposed facility. Reg. 47(3) (3) On receipt of a notice under subregulation (2), amended by S.R. No. NOPSEMA must remove the operator's name 160/2012 from the register. reg. 10(2). Reg. 48 48 Removal of name from register amended by S.R. No. 160/2012 NOPSEMA may remove an operator's name from reg. 11(a). the register if— Reg. 48(a) (a) NOPSEMA believes, on reasonable grounds, amended by S.R. No. that the operator does not have, or will not 160/2012 have, day-to-day management and control of reg. 11(b). the facility and operations at the facility; and Reg. 48(b) (b) NOPSEMA has given notice of intention to amended by S.R. No. remove the operator from the register to— 160/2012 reg. 11(b). (i) the owner or titleholder who nominated the operator; and (ii) the operator; and Authorised by the Chief Parliamentary Counsel 60 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (c) NOPSEMA has allowed a period of 30 days Reg. 48(c) for the nominator and the operator to make amended by S.R. No. representations; and 160/2012 reg. 11(b). (d) NOPSEMA has considered any Reg. 48(d) amended by representations and continues to believe on S.R. No. reasonable grounds that the operator does not 160/2012 reg. 11(b). have, or will not have, day-to-day management and control of the facility and operations at the facility. Division 2—Safety cases Subdivision 1—Contents of safety cases, safety measures, emergencies and record keeping

  469. 49 — Facility description, formal safety assessment and

    49 Facility description, formal safety assessment and safety management system (1) The safety case for a facility must contain a description of the facility that gives details of— (a) the layout of the facility; and (b) the technical and other control measures identified as a result of the formal safety assessment; and (c) the activities that will, or are likely to, take place at, or in connection with, the facility; and (d) for a facility that is a pipeline— (i) the route corridor of the pipeline and the pipeline's interface start and end positions; and (ii) the compositions of petroleum or greenhouse gas substance that are to be conveyed through the pipeline when it is operating; and Authorised by the Chief Parliamentary Counsel 61 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (iii) the safe operating limits for conveying those compositions through the pipeline; and (e) any other relevant matters. (2) The safety case for the facility must also contain a detailed description of the formal safety assessment for the facility, being an assessment or series of assessments, conducted by the operator that— (a) identifies all hazards having the potential to cause a major accident event; and (b) is a detailed and systematic assessment of the risk associated with each of those hazards, including the likelihood and consequences of each potential major accident event; and (c) identifies the technical and other control measures that are necessary to reduce that risk to a level that is as low as reasonably practicable. Note A formal safety assessment relates only to major accident events. (3) The safety case for the facility must also contain a detailed description of the safety management system that— (a) is comprehensive and integrated; and (b) provides for all activities that will, or are likely to, take place at, or in connection with, the facility; and (c) provides for the continual and systematic identification of hazards to health and safety of persons at or near the facility; and Authorised by the Chief Parliamentary Counsel 62 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (d) provides for the continual and systematic assessment of— (i) the likelihood of the occurrence, during normal or emergency situations, of injury or occupational illness associated with those hazards; and (ii) the likely nature of such injury or occupational illness; and (e) provides for the reduction to a level that is as low as reasonably practicable of risks to health and safety of persons at or near the facility including, but not limited to— (i) risks arising during evacuation, escape and rescue in case of emergency; and (ii) risks arising from equipment and hardware; and (f) provides for inspection, testing and maintenance of the equipment and hardware that are the physical control measures for those risks; and (g) provides for adequate communications between the facility and any relevant— (i) facility; or (ii) vessel; or (iii) aircraft; or (iv) on-shore installation; and (h) provides for any other matter that is necessary to ensure that the safety management system meets the requirements and objects of this Chapter; and Authorised by the Chief Parliamentary Counsel 63 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (i) specifies the performance standards that apply. Note The safety management system must provide for all hazards and risks to persons at the facility, not just risks of major accident events. Reg. 49(4) (4) If an operator of a facility submits to NOPSEMA amended by S.R. No. a safety case for a construction or installation 160/2012 stage in the life of the facility, the safety case must reg. 12. contain the matters mentioned in subregulations (1), (2) and (3) in relation to— (a) the facility at that stage in the life of the facility; and (b) the activities that will, or are likely to, take place at, or in connection with, the facility during that stage in the life of the facility; and (c) to the extent that it is practicable—the facility and the activities that will, or are likely to, take place when the facility is in operation.

  470. 50 — Implementation and improvement of the safety

    50 Implementation and improvement of the safety management system The safety case for a facility must demonstrate that there are effective means of ensuring— (a) the implementation of the safety management system; and (b) continual and systematic identification of deficiencies in the safety management system; and (c) continual and systematic improvement of the safety management system. Authorised by the Chief Parliamentary Counsel 64 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities

  471. 51 — Standards to be applied

    51 Standards to be applied The safety case for a facility must specify all Australian and international standards that have been applied, or will be applied, in relation to the facility or plant used on or in connection with the facility for the relevant stage or stages in the life of the facility for which the safety case is submitted.

  472. 52 — Command structure

    52 Command structure (1) For a facility that is manned, the safety case must specify— (a) an office or position at the facility, the occupant of which is in command of the facility and responsible for its safe operation when on duty; and (b) an office or position at the facility, the occupant of which is responsible for implementing and supervising procedures in the event of an emergency at the facility; and (c) the command structure that will apply in the event of an emergency at the facility. Note The same person may occupy both of the offices or positions mentioned in paragraphs (a) and (b). (2) The safety case must also describe, in detail, the means by which the operator will ensure that, as far as reasonably practicable— (a) the offices or positions mentioned in subregulation (1) are continuously occupied while the facility is in operation; and (b) the person who occupies each office or position mentioned in subregulation (1) has the necessary skills, training and ability to perform the functions of the office or position; and Authorised by the Chief Parliamentary Counsel 65 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (c) the identity of the persons who occupy each office or position, and the command structure can, at all times, be readily ascertained by any person at the facility.

  473. 53 — Members of the workforce must be competent

    53 Members of the workforce must be competent The safety case for a facility must describe the means by which the operator will ensure that each member of the workforce at the facility has the necessary skills, training and ability— (a) to undertake routine and non-routine tasks that might reasonably be given to him or her— (i) in normal operating conditions; and (ii) in abnormal or emergency conditions; and (iii) during any changes to the facility; and (b) to respond and react appropriately, and at the level that might be reasonably required of him or her, during an emergency.

  474. 54 — Permit to work system for safe performance of

    54 Permit to work system for safe performance of various activities (1) The safety case for a facility must provide for the operator of the facility to establish and maintain a documented system of coordinating and controlling the safe performance of all work activities of members of the workforce at the facility, including in particular— (a) welding and other hot work; and (b) cold work (including physical isolation); and (c) electrical work (including electrical isolation); and (d) entry into, and working in, a confined space; and Authorised by the Chief Parliamentary Counsel 66 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (e) procedures for working over water; and (f) diving operations. Note Confined space is defined in regulation 41. (2) The system must— (a) form part of the safety management system described in the safety case in force for the facility; and (b) identify the persons having responsibility to authorise and supervise work; and (c) ensure that members of the workforce are competent in the application of the permit to work system.

  475. 55 — Involvement of members of the workforce

    55 Involvement of members of the workforce (1) The operator of a facility must demonstrate to Reg. 55(1) amended by NOPSEMA, to the reasonable satisfaction of S.R. No. NOPSEMA, that— 160/2012 reg. 13. (a) in the development or variation of the safety case for the facility, there has been effective consultation with, and participation of, members of the workforce; and (b) the safety case provides adequately for effective consultation with, and the effective participation of, the members of the workforce so that they are able to arrive at informed opinions about the risks and hazards to which they may be exposed on the facility. (2) A demonstration for the purposes of subregulation (1)(a) must be supported by adequate documentation. Authorised by the Chief Parliamentary Counsel 67 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (3) In subregulation (1)— members of the workforce includes members of the workforce who are— (a) identifiable before the safety case is developed; and (b) working, or likely to be working, on the relevant facility. Note Part 3 of Schedule 3 to the Act sets out the broad consultative provisions that apply, including provisions for the establishment of designated workgroups, the election of health and safety representatives and the establishment of OHS committees. The arrangements under these consultative provisions should be used for consultation with members of the workforce about the development, preparation and variation of the safety case.

  476. 56 — Design, construction, installation, maintenance and

    56 Design, construction, installation, maintenance and modification (1) The safety case for a facility must describe the means by which the operator will ensure the adequacy of the design, construction, installation, maintenance or modification of the facility, for the relevant stage or stages in the life of the facility for which the safety case has been submitted. (2) In particular, the design, construction, installation, maintenance and modification of the facility must provide for— (a) adequate means of inventory isolation and pressure relief in the event of an emergency; and (b) adequate means of gaining access for servicing and maintenance of the facility and machinery and other equipment on board the facility; and Authorised by the Chief Parliamentary Counsel 68 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (c) adequate means of maintaining the structural integrity of a facility; and (d) implementation of the technical and other control measures identified as a result of the formal safety assessment.

  477. 57 — Medical and pharmaceutical supplies and services

    57 Medical and pharmaceutical supplies and services The safety case for a facility must specify the medical and pharmaceutical supplies and services, sufficient for an emergency situation, that must be maintained on, or in respect of, the facility.

  478. 58 — Machinery and equipment

    58 Machinery and equipment (1) The safety case for a facility must specify the equipment required on the facility (including process equipment, machinery and electrical and instrumentation systems) that relates to, or may affect, the safety of the facility. (2) The safety case must demonstrate that— (a) the equipment is fit for its function or use in normal operating conditions; and (b) to the extent that the equipment is intended to function, or to be used, in an emergency— the equipment is fit for its function or use in the emergency.

  479. 59 — Drugs and intoxicants

    59 Drugs and intoxicants The safety case for a facility must describe the means by which the operator will ensure that there is in place, or will be put in place, a method of— (a) securing, supplying, and monitoring the use of, therapeutic drugs on the facility; and (b) preventing the use of controlled substances (other than therapeutic drugs) on the facility; and Authorised by the Chief Parliamentary Counsel 69 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (c) preventing the use of intoxicants on the facility.

  480. 60 — Evacuation, escape and rescue analysis

    60 Evacuation, escape and rescue analysis (1) The safety case for a facility must contain a detailed description of an evacuation, escape and rescue analysis. (2) The evacuation, escape and rescue analysis must— (a) identify the types of emergency that could arise at the facility; and (b) consider a range of routes for evacuation and escape of persons at the facility in the event of an emergency; and (c) consider alternative routes for evacuation and escape if a primary route is not freely passable; and (d) consider different possible procedures for managing evacuation, escape and rescue in the event of an emergency; and (e) consider a range of means of, and equipment for, evacuation, escape and rescue; and (f) consider a range of amenities and means of emergency communication to be provided in a temporary refuge; and (g) consider a range of life saving equipment, including— (i) life rafts to accommodate safely the maximum number of persons that are likely to be at the facility at any time; and (ii) equipment to enable that number of persons to obtain access to the life rafts after launching and deployment; and Authorised by the Chief Parliamentary Counsel 70 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (iii) in the case of a floating facility— suitable equipment to provide a float-free capability and a means of launching; and (h) identify, as a result of the above considerations, the technical and other control measures necessary to reduce the risks associated with emergencies to a level that is as low as reasonably practicable. Note In so far as it addresses major accident events, the evacuation, escape and rescue analysis forms part of the formal safety assessment.

  481. 61 — Fire and explosion risk analysis

    61 Fire and explosion risk analysis (1) The safety case for a facility must contain a detailed description of a fire and explosion risk analysis. (2) The fire and explosion risk analysis must— (a) identify the types of fires and explosions that could occur at the facility; and (b) consider a range of measures for detecting those fires and explosions in the event that they do occur; and (c) consider a range of measures for eliminating those potential fires and explosions, or for otherwise reducing the risk arising from fires and explosions; and (d) consider the incorporation into the facility of both automatic and manual systems for the detection, control and extinguishment of— (i) outbreaks of fire; and (ii) leaks or escapes of petroleum; and Authorised by the Chief Parliamentary Counsel 71 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (e) consider a range of means of isolating and safely storing hazardous substances, such as fuel, explosives and chemicals, that are used or stored at the facility; and (f) consider the evacuation, escape and rescue analysis, in so far as it relates to fires and explosions; and (g) identify, as a result of the above considerations, the technical and other control measures necessary to reduce the risks associated with fires and explosions to a level that is as low as reasonably practicable. Note In so far as it addresses major accident events, the fire and explosion risk analysis forms part of the formal safety assessment.

  482. 62 — Emergency communications systems

    62 Emergency communications systems (1) The safety case for a facility must provide for communications systems that, in the event of an emergency in connection with the facility, are adequate for communication— (a) within the facility; and (b) between the facility and— (i) appropriate on-shore installations; and (ii) appropriate vessels and aircraft; and (iii) other appropriate facilities. (2) In particular, the safety case must provide for the communications systems of the facility to be— (a) adequate to handle— (i) a likely emergency on or relating to the facility; and Authorised by the Chief Parliamentary Counsel 72 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (ii) the operation requirements of the facility; and (b) protected so as to be capable of operation in an emergency to the extent specified by the formal safety assessment relating to the facility required under regulation 49(2).

  483. 63 — Control systems

    63 Control systems The safety case for a facility must make adequate provision for the facility, in the event of an emergency, in respect of— (a) back-up power supply; and (b) lighting; and (c) alarm systems; and (d) ballast control; and (e) emergency shut-down systems.

  484. 64 — Emergency preparedness

    64 Emergency preparedness (1) The safety case for a facility must— (a) describe a response plan designed to address possible emergencies, the risk of which has been identified in the formal safety assessment for the facility; and (b) provide for the implementation of that plan. (2) The plan must— (a) specify all reasonably practicable steps to ensure the facility is safe and without risk to the health of persons likely to be on the facility at the time of the emergency; and (b) specify the performance standards that it applies. (3) The safety case must make adequate provision for escape drill exercises and fire drill exercises by persons on the facility. Authorised by the Chief Parliamentary Counsel 73 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (4) In particular, those exercises must ensure that those persons will be trained to function in the event of emergency with an adequate degree of knowledge, preparedness and confidence concerning the relevant emergency procedures. (5) The safety case must provide for the operator of the facility to ensure, as far as reasonably practicable, that escape drill exercises and fire drill exercises are held in accordance with the safety case relating to the facility. (6) The safety case for a mobile facility must also specify systems that— (a) in the event of emergency, are adequate to shut down or disconnect all operations on the facility that could adversely affect the health or safety of persons at or near the facility; and (b) are adequate to give appropriate audible and visible warnings of the shutting down or disconnecting of those operations.

  485. 65 — Pipes

    65 Pipes (1) The safety case for a facility that is— (a) connected to one or more pipes; or (b) proposed to be connected to one or more pipes— that convey, or will convey, petroleum or greenhouse gas substance to the facility must specify adequate procedures for shutting down or isolating, in the event of emergency, each of those pipes so as to stop the flow of petroleum or greenhouse gas substance into the facility through the pipe. Authorised by the Chief Parliamentary Counsel 74 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (2) In particular, the procedures must include— (a) effective means of controlling and operating all relevant emergency shut-down valves for a pipe; and (b) a fail-safe system of isolating a pipeline in the event of failure of other safety devices for the pipe. (3) The safety case for a facility must also specify— (a) adequate means of mitigating, in the event of emergency, the risks associated with each pipe connected to the facility; and (b) a frequency of periodic inspection and testing of pipe emergency shut-down valves that can reasonably be expected to ensure that they will operate correctly in an emergency. (4) In this regulation— facility does not include— (a) a well mentioned in clause 6(4)(a) or (b), or in clause 10(1)(b)(i) or (ii), of Schedule 3 to the Act; or (b) plant and equipment associated with a well mentioned in any of those provisions; or (c) a pipe or system of pipes mentioned in any of those provisions.

  486. 66 — Vessel and aircraft control

    66 Vessel and aircraft control (1) The safety case for a facility must describe a system that is implemented or will be implemented as part of the operation of the facility that ensures, as far as reasonably practicable, the safe performance of operations that involve vessels or aircraft. Authorised by the Chief Parliamentary Counsel 75 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (2) The system must be able to meet the emergency response requirements identified in the formal safety assessment in relation to the facility required under regulation 49(2) and be described in the facility's safety management system required under regulation 49(3). (3) The equipment and procedures for ensuring safe vessel and aircraft operations must be fit for purpose.

  487. 67 — Arrangements for records

    67 Arrangements for records (1) This regulation applies to the following documents— (a) the safety case in force for the facility; (b) a variation to the safety case for the facility; (c) a written audit report for the safety case; Reg. 67(1)(d) (d) a copy of each report given to NOPSEMA in amended by S.R. No. accordance with regulation 86(2). 160/2012 reg. 14. (2) The safety case for a facility must include arrangements for— (a) making a record of the documents; and (b) securely storing the documents and records; (i) at an address nominated for the facility; and (ii) in a manner that facilitates their retrieval as soon as practicable. Reg. 67(3) (3) A document mentioned in subregulation (1)(a) amended by S.R. No. or (b) must be kept for 5 years after the date of 160/2012 acceptance of the document by NOPSEMA. reg. 14. Authorised by the Chief Parliamentary Counsel 76 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (4) A report mentioned in subregulation (1)(c) must be kept for a period of 5 years after the date of receipt by the operator. (5) A copy mentioned in subregulation (1)(d) must be Reg. 67(5) amended by kept for a period of 5 years after the date the S.R. No. report was given to NOPSEMA. 160/2012 reg. 14. Subdivision 2—Submission and acceptance of safety cases

  488. 68 — Safety case to be submitted to NOPSEMA Reg. 68

    68 Safety case to be submitted to NOPSEMA Reg. 68 (Heading) amended by S.R. No. 160/2012 reg. 15(1). (1) If an operator wants to have a safety case accepted Reg. 68(1) amended by for a facility, he or she must submit the safety case S.R. No. to NOPSEMA. 160/2012 reg. 15(2). (2) The safety case may relate to one or more stages in the life of the facility. (3) The safety case may relate to more than one facility. (4) The operator must not submit the safety case Reg. 68(4) substituted by before the operator and NOPSEMA have agreed S.R. No. on the scope of the validation for the facility 160/2012 reg. 15(3). unless the safety case is for a proposed facility that is— (a) proposed to be or is being constructed at a place outside the coastal waters of Victoria; and (b) proposed to be installed and operated within the coastal waters of Victoria. Authorised by the Chief Parliamentary Counsel 77 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities Reg. 68(5) (5) NOPSEMA may at any time inform the operator amended by that it will not assess the safety case for the S.R. No. 160/2012 proposed facility unless the operator and reg. 15(4). NOPSEMA have agreed on the scope of the validation for the proposed facility. Reg. 69 69 NOPSEMA may request more information (Heading) amended by S.R. No. 160/2012 reg. 16(1). Reg. 69(1) (1) If an operator submits a safety case to amended by S.R. No. NOPSEMA, NOPSEMA may request the operator 160/2012 to provide further written information about any reg. 16(2). matter required by this Chapter to be included in a safety case. (2) A request under subregulation (1) must— (a) be in writing; and (b) set out each matter for which information is requested; and (c) specify a period of at least 30 days within which the information is to be provided. Reg. 69(3) (3) If an operator receives a request, and provides all amended by S.R. No. information requested by NOPSEMA within the 160/2012 period specified— reg. 16(2). Reg. 69(3)(a) (a) the information becomes part of the safety amended by S.R. No. case as if it had been included with the safety 160/2012 case as it was submitted to NOPSEMA; and reg. 16(2). Reg. 69(3)(b) (b) NOPSEMA must have regard to the amended by S.R. No. information as if it had been so included. 160/2012 reg. 16(2). Authorised by the Chief Parliamentary Counsel 78 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities

  489. 70 — Acceptance or rejection of a safety case

    70 Acceptance or rejection of a safety case (1) NOPSEMA must accept a safety case if— Reg. 70(1) amended by S.R. No. (a) the safety case is appropriate to the facility 160/2012 and to the activities conducted at the facility; reg. 17(1)(a). and (b) the safety case complies with regulations 49 to 66 for each stage in the life of the facility in respect of which the safety case is submitted; and (c) the safety case complies with regulation 67; and (d) in a case in which NOPSEMA has requested Reg. 70(1)(d) amended by a validation of the facility— S.R. No. 160/2012 (i) the person, or each person, undertaking reg. 17(1)(b). the validation meets the criteria specified in regulation 84(5); and (ii) the validation complies with regulation 84. (2) If a safety case is submitted for more than one Reg. 70(2) amended by stage in the life of the facility, NOPSEMA may S.R. No. accept the safety case for one or more stages in 160/2012 reg. 17(2). the life of the facility and reject the safety case for one or more stages in the life of the facility. (3) If NOPSEMA rejects a safety case because Reg. 70(3) amended by NOPSEMA is not satisfied with any of the matters S.R. No. mentioned in subregulation (1), NOPSEMA must 160/2012 reg. 17(2). give the operator a reasonable opportunity to change the safety case and resubmit it. Authorised by the Chief Parliamentary Counsel 79 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities Reg. 70(4) (4) NOPSEMA must reject the safety case if— amended by S.R. No. 160/2012 reg. 17(3)(a). Reg. 70(4)(a) (a) NOPSEMA has given an operator a amended by S.R. No. reasonable opportunity to change and 160/2012 resubmit a safety case; and reg. 17(3)(b). Reg. 70(4)(b) (b) the operator resubmits the safety case; and amended by S.R. No. 160/2012 reg. 17(3)(b). (c) NOPSEMA is not satisfied with any of the matters mentioned in subregulation (1). Reg. 70(5) (5) When accepting a safety case for a facility, amended by S.R. No. NOPSEMA may impose limitations or conditions 160/2012 on the acceptance in respect of the facility or reg. 17(4). activities at the facility.

  490. 71 — Notice of decision on safety case

    71 Notice of decision on safety case Reg. 71(1) (1) Within 90 days after receiving a safety case amended by S.R. No. submitted under regulation 68, or resubmitted 160/2012 under regulation 70(3), NOPSEMA must— reg. 18. Reg. 71(1)(a) (a) notify the operator, in writing, that amended by S.R. No. NOPSEMA has decided— 160/2012 reg. 18. (i) to accept the safety case; or (ii) to reject the safety case; or (iii) to do both of the following— (A) accept the safety case for one or more specified stages in the life of the facility, but not for every stage in the life of the facility, in respect Authorised by the Chief Parliamentary Counsel 80 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities of which the safety case was submitted; (B) reject the rest of the safety case; or (iv) to accept the safety case subject to conditions or limitations; or (b) notify the operator, in writing, that Reg. 71(1)(b) amended by NOPSEMA is unable to make a decision S.R. No. about the safety case within the period of 90 160/2012 reg. 18. days, and set out a proposed timetable for its consideration of the safety case. (2) A failure by NOPSEMA to comply with Reg. 71(2) amended by subregulation (1) in relation to a safety case does S.R. No. not affect the validity of a decision by NOPSEMA 160/2012 reg. 18. to accept or reject the safety case. (3) A notice of a decision under subregulation (1)(a) must include the terms of the decision (including any limitations or conditions) and the reasons for it.

  491. 72 — Consent to undertake work in a manner different

    72 Consent to undertake work in a manner different from safety case (1) NOPSEMA may, by notice in writing given to the Reg. 72(1) amended by operator of a facility, consent to the conduct of an S.R. No. activity in a manner that is different from the 160/2012 reg. 19. manner described in the safety case in force in relation to the facility. (2) NOPSEMA must not give a consent under Reg. 72(2) amended by subregulation (1) unless it is satisfied that there S.R. No. will not be an occurrence of a significant new risk 160/2012 reg. 19. to health and safety or a significant increase in an existing risk to health and safety arising from the activity in relation to the facility.

  492. 73 — Duties under Part 2 of Schedule 3 to the Act Reg. 73

    73 Duties under Part 2 of Schedule 3 to the Act Reg. 73 amended by S.R. No. The acceptance of a safety case by NOPSEMA, or 160/2012 compliance by an operator or another person with reg. 20. a safety case that has been accepted by Authorised by the Chief Parliamentary Counsel 81 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities NOPSEMA, does not derogate from the duties of the operator or a person under Part 2 of Schedule 3 to the Act. Subdivision 3—Variation of safety case

  493. 74 — Variation of a safety case because of a change of

    74 Variation of a safety case because of a change of circumstances or operations Reg. 74(1) (1) Subject to subregulation (3), an operator of a amended by S.R. No. facility for which a safety case is in force must 160/2012 submit a proposal for a variation of the safety case reg. 21. to NOPSEMA as soon as practicable after the occurrence of any of the following circumstances— (a) the technical knowledge relied upon to formulate the safety case, including the knowledge of systems for identifying hazards and evaluating risks of major accident events, is outdated so that the safety case no longer adequately provides for the matters mentioned in regulations 49 to 66; (b) the operator proposes to modify or decommission the facility, and the proposed modification or decommissioning is not adequately addressed in the safety case; (c) there are reasonable grounds for believing that a series of proposed modifications to the facility would result in a significant cumulative change in the overall level of risk of major accident events; (d) the operator proposes to significantly change the safety management system; (e) for a facility that is a pipeline—the compositions of petroleum or greenhouse gas substance conveyed in the pipeline are different from the compositions contemplated in the safety case; Authorised by the Chief Parliamentary Counsel 82 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (f) the activities to be carried out at the facility are different from the activities contemplated in the safety case. (2) The operator must also submit a proposal for a Reg. 74(2) amended by variation of the safety case to NOPSEMA as soon S.R. No. as practicable if there has been— 160/2012 reg. 21. (a) a significant increase in the level of risk to the health or safety of persons at or near the facility; or (b) a series of increases in the level of risk to the health or safety of persons at or near the facility that, in total, are significant. (3) If a circumstance mentioned in subregulation (1) Reg. 74(3) amended by or (2) is satisfied because the operator proposes to S.R. Nos modify or decommission the facility the operator 133/2012 reg. 15, must not submit the proposal for a variation of the 160/2012 safety case before the operator and NOPSEMA reg. 21. have agreed on the scope of the validation of the proposed modification or decommissioning of the facility. (4) If NOPSEMA agrees, the operator of a facility Reg. 74(4) amended by may submit a proposal for a variation of a safety S.R. No. case under subregulation (1) or (2) in the form of 160/2012 reg. 21. a proposed variation to part of the safety case in force for the facility.

  494. 75 — Variation on request by NOPSEMA Reg. 75

    75 Variation on request by NOPSEMA Reg. 75 (Heading) amended by S.R. No. 160/2012 reg. 22(1). (1) NOPSEMA may request the operator of a facility Reg. 75(1) amended by for which a safety case is in force to submit a S.R. No. proposal for a variation of a safety case to 160/2012 reg. 22(2). NOPSEMA. Authorised by the Chief Parliamentary Counsel 83 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities Reg. 75(2) (2) If NOPSEMA agrees, the operator of a facility amended by may submit a proposal for a variation of the safety S.R. No. 160/2012 case under subregulation (1) in the form of a reg. 22(3). proposed variation to part of the safety case in force for the facility. Reg. 75(3) (3) A request by NOPSEMA must be in writing and amended by S.R. No. include the following information— 160/2012 reg. 22(3). (a) the matters to be addressed by the proposal; Reg. 75(3)(b) (b) the date by which the proposal is required to amended by S.R. No. be submitted to NOPSEMA; 160/2012 reg. 22(3). (c) the grounds for the request. Reg. 75(4) (4) The operator may make a submission in writing to amended by S.R. No. NOPSEMA requesting the withdrawal of the 160/2012 request and stating the reasons why— reg. 22(3). (a) the variation should not occur; or (b) the variation should be in different terms from the terms proposed; or (c) the variation should take effect on a date after the date proposed. (5) The operator must make the submission— (a) within 21 days after receiving the request; or Reg. 75(5)(b) (b) within a longer period specified in writing by amended by S.R. No. NOPSEMA. 160/2012 reg. 22(3). Reg. 75(6) (6) If NOPSEMA receives a submission that complies amended by S.R. No. with subregulations (4) and (5), NOPSEMA 160/2012 must— reg. 22(3). (a) decide whether to accept the submission or part of the submission; and (b) give the operator written notice of the decision; and Authorised by the Chief Parliamentary Counsel 84 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (c) to the extent that the submission is accepted—give the operator written notice that varies or withdraws the request in accordance with the decision; and (d) to the extent that the submission is rejected—give the operator written notice of the grounds for rejecting the submission or part of the submission. (7) Unless the request is withdrawn, the operator must comply with a request, or a varied request.

  495. 76 — Variation after 5 years

    76 Variation after 5 years (1) The operator of a facility for which a safety case Reg. 76(1) amended by is in force must submit a proposal for a variation S.R. No. of the safety case to NOPSEMA— 160/2012 reg. 23. (a) no later than 5 years after the date that the safety case was first accepted under regulation 70; and (b) no later than 5 years after the date of each acceptance of a varied safety case under regulation 78; and (c) if a variation under regulation 74 or 75 has Reg. 76(1)(c) amended by been accepted, no later than a date specified S.R. No. by NOPSEMA by notice in writing given to 160/2012 reg. 23. the operator, being a date no later than 5 years after the acceptance of the variation. (2) A proposal for a variation of a safety case submitted under this regulation must describe the means by which the operator will ensure the ongoing integrity of the technical and other control measures identified by the formal safety assessment for the facility. Authorised by the Chief Parliamentary Counsel 85 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities Reg. 77 77 NOPSEMA may request more information (Heading) amended by S.R. No. 160/2012 reg. 24(1). Reg. 77(1) (1) If an operator submits a proposal for a variation of amended by S.R. No. a safety case to NOPSEMA, NOPSEMA may 160/2012 request the operator to provide further written reg. 24(2). information about any matter required by this Chapter to be included in a safety case. (2) A request under subregulation (1) must— (a) be in writing; and (b) set out each matter for which information is requested; and (c) specify a period of not less than 10 days within which the information is to be provided. Reg. 77(3) (3) If an operator receives a request and provides all amended by S.R. No. information requested by NOPSEMA within the 160/2012 period specified— reg. 24(2). Reg. 77(3)(a) (a) the information becomes part of the proposal amended by S.R. No. for a variation of a safety case as if it had 160/2012 been included with the proposal as it was reg. 24(2). submitted to NOPSEMA; and Reg. 77(3)(b) (b) NOPSEMA must have regard to the amended by S.R. No. information as if it had been so included. 160/2012 reg. 24(2).

  496. 78 — Acceptance or rejection of a proposal for a variation

    78 Acceptance or rejection of a proposal for a variation of a safety case Regulation 70 applies to a proposal for a variation of a safety case or part of a safety case as if a reference in that regulation to the acceptance or Authorised by the Chief Parliamentary Counsel 86 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities rejection of the safety case were a reference to acceptance or rejection of the proposed variation.

  497. 79 — Notice of decision on proposal for variation of a

    79 Notice of decision on proposal for variation of a safety case (1) Within 30 days after receiving a proposal for a Reg. 79(1) amended by variation of a safety case, or part of a safety case, S.R. No. NOPSEMA must— 160/2012 reg. 25. (a) notify the operator, in writing, that Reg. 79(1)(a) amended by NOPSEMA has decided— S.R. No. 160/2012 (i) to accept the proposal; or reg. 25. (ii) to reject the proposal; or (iii) to do both of the following— (A) accept the proposal for one or more specified stages in the life of the facility, but not for every stage in the life of the facility, in respect of which the proposal was submitted; (B) reject the rest of the proposal; or (iv) to accept the proposal subject to conditions or limitations; or (b) notify the operator, in writing, that Reg. 79(1)(b) amended by NOPSEMA is unable to make a decision S.R. No. about the proposal within the period of 160/2012 reg. 25. 30 days, and set out a proposed timetable for its consideration of the proposal. (2) A failure by NOPSEMA to comply with Reg. 79(2) amended by subregulation (1) in relation to a proposal for S.R. No. variation of a safety case, or a proposal for a 160/2012 reg. 25. variation of a part of a safety case, does not affect the validity of a decision by NOPSEMA to accept or reject the proposal. Authorised by the Chief Parliamentary Counsel 87 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (3) A notice of a decision under subregulation (1)(a) must include the terms of the decision (including any limitations or conditions) and the reasons for it.

  498. 80 — Effect of rejection of a proposal for variation of a

    80 Effect of rejection of a proposal for variation of a safety case If a proposal for a variation of a safety case or part of a safety case is not accepted, the safety case in force in relation to the facility immediately before the proposal was submitted remains in force subject to the Act and this Chapter, as if the proposal had not been submitted. Subdivision 4—Withdrawal of acceptance of a safety case

  499. 81 — Grounds for withdrawal of acceptance

    81 Grounds for withdrawal of acceptance Reg. 81(1) (1) NOPSEMA may, by written notice to the operator amended by S.R. No. of a facility, withdraw the acceptance of the safety 160/2012 case for the facility on any of the following reg. 26(a). grounds— (a) the operator has not complied with— (i) Schedule 3 to the Act; or (ii) a notice issued by an OHS inspector under Schedule 3 to the Act; or (iii) regulation 74, 75 or 76; or Reg. 81(1)(b) (b) NOPSEMA has rejected a proposal for a amended by S.R. No. variation of the safety case or part of the 160/2012 safety case under regulation 70 as applying reg. 26(b). under regulation 78. (2) A notice under subregulation (1) must contain a statement of the reasons for the decision. Authorised by the Chief Parliamentary Counsel 88 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities

  500. 82 — Notice before withdrawal of acceptance

    82 Notice before withdrawal of acceptance (1) Before withdrawing the acceptance of a safety Reg. 82(1) amended by case for a facility, NOPSEMA must give the S.R. No. operator at least 30 days' notice, in writing, of its 160/2012 reg. 27(1). intention to withdraw the acceptance. (2) NOPSEMA may give a copy of the notice to such Reg. 82(2) amended by other persons as it thinks fit. S.R. No. 160/2012 reg. 27(2). (3) NOPSEMA must specify, in the notice, a date Reg. 82(3) amended by (the cut-off date) on or before which the operator S.R. No. (or other person to whom a copy of the notice has 160/2012 reg. 27(3). been given) may submit to NOPSEMA, in writing, matters that NOPSEMA should take into account when deciding whether to withdraw the acceptance. (4) NOPSEMA must take into account— Reg. 82(4) amended by S.R. No. (a) any action taken by the operator— 160/2012 reg. 27(4). (i) to remove a ground for withdrawal of acceptance; or (ii) to prevent the recurrence of a ground for removal of acceptance; and (b) any matter submitted under subregulation (3) before the cut-off date. Subdivision 5—Exemptions

  501. 83 — NOPSEMA may give an exemption Reg. 83

    83 NOPSEMA may give an exemption Reg. 83 (Heading) NOPSEMA may, by notice in writing, exempt an amended by operator from the operation of one or more S.R. No. 160/2012 provisions of this Division. reg. 28(1). Reg. 83 amended by S.R. No. 160/2012 reg. 28(2). Authorised by the Chief Parliamentary Counsel 89 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities Division 3—Validation

  502. 84 — Validation of design, construction and installation,

    84 Validation of design, construction and installation, significant modification or decommissioning of a facility Reg. 84(1) (1) NOPSEMA may, by notice in writing, require the amended by S.R. No. operator of a proposed facility, or an existing 160/2012 facility, to provide a validation— reg. 29(1). (a) in respect of the proposed facility; or (b) in respect of a proposed significant change to an existing facility. Reg. 84(2) (2) A validation of a proposed facility is a statement amended by S.R. No. in writing by an independent validator in respect 160/2012 of the design, construction and installation reg. 29(2). (including instrumentation, process layout and process control systems) of the facility, to the extent that these matters are covered by the scope of the validation agreed between NOPSEMA and the operator. Reg. 84(3) (3) A validation of a proposed significant change to amended by S.R. No. an existing facility is a statement in writing by an 160/2012 independent validator in respect of the proposed reg. 29(2). change, to the extent required by the scope of the validation agreed between NOPSEMA and the operator. Reg. 84(4) (4) The validation must establish, to the level of amended by S.R. No. assurance reasonably required by NOPSEMA— 160/2012 reg. 29(2). (a) in the case of a proposed facility—that the design, construction and installation (including instrumentation, process layout and process control systems) of the facility incorporate measures that— (i) will protect the health and safety of persons at the facility; and Authorised by the Chief Parliamentary Counsel 90 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (ii) are consistent with the formal safety assessment for the facility; and (b) in the case of an existing facility—that, after any proposed change or changes, the facility incorporates measures that will protect the health and safety of persons at or near the facility. (5) An operator who has provided material for a Reg. 84(5) amended by validation must satisfy NOPSEMA that each S.R. No. person who undertook the validation had the 160/2012 reg. 29(2). necessary competence, ability and access to data, in respect of each matter being validated, to arrive at an independent opinion on the matter. (6) In this regulation— existing facility means a facility at a location in the offshore area, if the facility is or has been in use, or is available for use, in that location. Division 4—Notifying and reporting accidents and dangerous occurrences

  503. 85 — Interpretation

    85 Interpretation (1) For the purposes of clause 96(1)(b) of Schedule 3 to the Act, the prescribed period in relation to a facility to which this Chapter applies is a period of at least 3 days. (2) For the purposes of the definition of dangerous occurrence in clause 3 of Schedule 3 to the Act, an occurrence, at a facility, that is specified in the following table is a dangerous occurrence. Authorised by the Chief Parliamentary Counsel 91 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities Table Item Occurrence

  504. 1 — An occurrence that did not cause, but could

    1 An occurrence that did not cause, but could reasonably have caused— (a) the death of, or serious personal injury to, a person; or (b) a member of the workforce to be incapacitated from performing work for the period mentioned in subregulation (1)

  505. 2 — A fire or explosion

    2 A fire or explosion

  506. 3 — A collision of a marine vessel with the facility

    3 A collision of a marine vessel with the facility

  507. 4 — An uncontrolled release of hydrocarbon vapour

    4 An uncontrolled release of hydrocarbon vapour exceeding 1 kilogram

  508. 5 — An uncontrolled release of petroleum liquids

    5 An uncontrolled release of petroleum liquids exceeding 80 litres

  509. 6 — A well kick exceeding 8 cubic metres

    6 A well kick exceeding 8 cubic metres (or 50 barrels)

  510. 7 — An unplanned event that required the emergency

    7 An unplanned event that required the emergency response plan to be implemented

  511. 8 — Damage to safety-critical equipment

    8 Damage to safety-critical equipment

  512. 9 — An occurrence to which items 1 to 8 do not apply

    9 An occurrence to which items 1 to 8 do not apply that— (a) results in significant damage to a pipeline (for example, reducing the capacity of the pipeline to contain petroleum or greenhouse gas substance flowing through it); or (b) is likely to have a result of a kind mentioned in paragraph (a); or (c) is of a kind that a reasonable pipeline licensee would consider to require immediate investigation

  513. 10 — Any other occurrence of a kind that a reasonable

    10 Any other occurrence of a kind that a reasonable operator would consider to require an immediate investigation Authorised by the Chief Parliamentary Counsel 92 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities

  514. 86 — Notices and reports of accidents and dangerous

    86 Notices and reports of accidents and dangerous occurrences (1) For the purposes of clause 96(1) of Schedule 3 to the Act, the notice in relation to a facility to which this Chapter applies— (a) may be oral or written; and (b) must be provided as soon as practicable after— (i) the first occurrence of the accident or dangerous occurrence; or (ii) if the accident or dangerous occurrence is not detected by the operator at the time of its first occurrence—the detection of the accident or dangerous occurrence by the operator; and (c) must contain all material details concerning the accident or dangerous occurrence that are reasonably available to the operator at the time of the notification. (2) For the purposes of clause 96(4) of Schedule 3 to the Act, the report— (a) must be written; and (b) unless otherwise agreed by NOPSEMA— Reg. 86(2)(b) amended by must be provided within 3 days after— S.R. No. 160/2012 (i) the first occurrence of the accident or reg. 30. dangerous occurrence; or (ii) if the accident or dangerous occurrence is not detected by the operator at the time of its first occurrence—the detection of the accident or dangerous occurrence by the operator; and Authorised by the Chief Parliamentary Counsel 93 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities Reg. 86(2)(c) (c) must contain material details concerning the amended by accident or dangerous occurrence of the S.R. No. 160/2012 types determined by NOPSEMA. reg. 30. (3) A determination under subregulation (2)(c) must be— (a) in writing; and (b) published in the Government Gazette. Reg. 86(4) (4) As soon as practicable, but not later than 15 days amended by S.R. No. after the end of each month, the operator of a 160/2012 facility must submit, to NOPSEMA, a written reg. 30. report, for that month, summarising— (a) the number of deaths of persons at the facility; and (b) the number and types of injuries to persons at the facility, other than minor injuries not requiring treatment or requiring treatment only in the nature of first aid. Division 5—Penalty provisions Reg. 87 87 Facility must have operator amended by S.R. No. A person must not— 133/2012 reg. 16. (a) construct or install a facility or part of the facility; or (b) operate a facility or part of the facility; or (c) modify a facility or part of the facility; or (d) carry out maintenance on a facility or part of the facility; or (e) decommission a facility or part of the facility; or Authorised by the Chief Parliamentary Counsel 94 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (f) do any other work at a facility or part of the facility— in the offshore area unless there is an operator in respect of the facility. Penalty: In the case of a body corporate, 400 penalty units; In the case of a natural person, 80 penalty units.

  515. 88 — Safety case required for the relevant stage in the life Reg. 88

    88 Safety case required for the relevant stage in the life Reg. 88 amended by of a facility S.R. No. 133/2012 A person must not— reg. 17. (a) construct or install a facility or part of the facility; or (b) operate a facility or part of the facility; or (c) modify a facility or part of the facility; or (d) carry out maintenance on a facility or part of the facility; or (e) decommission a facility or part of the facility; or (f) do any other work at a facility or part of the facility— in the offshore area unless there is a safety case in force for the facility that provides for the activity. Penalty: In the case of a body corporate, 400 penalty units; In the case of a natural person, 80 penalty units.

  516. 89 — Work on a facility must comply with the safety case

    89 Work on a facility must comply with the safety case (1) A person must not— Reg. 89(1) amended by S.R. No. (a) construct or install a facility or part of the 133/2012 facility; or reg. 18. Authorised by the Chief Parliamentary Counsel 95 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (b) operate a facility or part of the facility; or (c) modify a facility or part of the facility; or (d) carry out maintenance on a facility or part of the facility; or (e) decommission a facility or part of the facility; or (f) do any other work at a facility or part of the facility— in the offshore area in a manner that is contrary to— (g) the safety case in force for the facility; or (h) a limitation or condition imposed by regulation 70(5). Penalty: In the case of a body corporate, 400 penalty units; In the case of a natural person, 80 penalty units. Reg. 89(2) (2) Subregulation (1) does not apply to particular amended by S.R. No. conduct if NOPSEMA has given the person a 160/2012 written consent under regulation 72 to engage in reg. 31. that conduct in a manner contrary to the safety case or a limitation or condition imposed by regulation 70(5).

  517. 90 — New health and safety risk

    90 New health and safety risk Reg. 90(1) (1) A person must not— amended by S.R. No. 133/2012 (a) construct or install a facility or part of the reg. 19(1). facility; or (b) operate a facility or part of the facility; or (c) modify a facility or part of the facility; or (d) carry out maintenance on a facility or part of the facility; or Authorised by the Chief Parliamentary Counsel 96 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities (e) decommission a facility or part of the facility; or (f) do any other work at a facility or part of the facility— in the offshore area if— (g) there has been an occurrence of a significant new risk to health and safety or a significant increase in an existing risk to health and safety arising from the construction, installation, operation, modification or decommissioning of the facility; and (h) the new risk or increased risk is not provided for— (i) in the safety case in force for the facility; or (ii) in a proposal for a variation of a safety case— (A) submitted to NOPSEMA; and Reg. 90 (1)(h)(ii)(A) amended by S.R. No. 160/2012 reg. 32. (B) not refused acceptance by Reg. 90 (1)(h)(ii)(B) NOPSEMA. amended by S.R. No. 160/2012 reg. 32. Penalty: In the case of a body corporate, 400 penalty units; In the case of a natural person, 80 penalty units. (2) If the titleholder knows about a new risk or Reg. 90(2) amended by increased risk mentioned in subregulation (1)(g), S.R. No. the titleholder must— 133/2012 reg. 19(2). Authorised by the Chief Parliamentary Counsel 97 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities Reg. 90(2)(a) (a) notify the operator and NOPSEMA of the amended by new risk or increased risk as soon as S.R. No. 160/2012 practicable; and reg. 32. Reg. 90(2)(b) (b) notify the operator and NOPSEMA by amended by S.R. No. telephone, facsimile or email. 160/2012 reg. 32. Penalty: In the case of a body corporate, 400 penalty units; In the case of a natural person, 80 penalty units. Reg. 91 91 Maintaining records amended by S.R. No. 133/2012 The operator of a facility must keep all documents reg. 20. required by the safety case in force for the facility in the manner set out in the safety case. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units. Note Regulation 67 sets out the record keeping requirements in relation to documents. Reg. 92 92 Person on a facility must comply with safety case amended by S.R. No. 133/2012 A person on a facility must comply with the safety reg. 21. case in force for the facility that applies to the person. Penalty: In the case of a body corporate, 50 penalty units; In the case of a natural person, 10 penalty units. Authorised by the Chief Parliamentary Counsel 98 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities

  518. 93 — Interference with accident sites

    93 Interference with accident sites (1) A person must not whether directly or indirectly Reg. 93(1) amended by interfere with a site on a facility where there is— S.R. No. 133/2012 (a) an accident that causes the death of, or reg. 22. serious personal injury to, any person; or (b) an accident that causes a member of the workforce to be incapacitated from performing work for a period of at least 3 days; or (c) a dangerous occurrence— before the completion of the inspection of the site by an OHS inspector. Penalty: In the case of a body corporate, 100 penalty units; In the case of a natural person, 20 penalty units. (2) Subregulation (1) does not apply if— (a) the person was acting with the written or oral authority of an OHS inspector; or (b) the person was acting, in a reasonable manner, for any of the following purposes— (i) helping or rescuing a sick, injured or endangered person; (ii) maintaining the safety of the facility or of persons at the facility; (iii) reducing danger to the facility or to persons at the facility; (iv) retrieving, or attempting to retrieve, the body of a dead person; or Authorised by the Chief Parliamentary Counsel 99 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.2—Offshore facilities Reg. 93(2)(c) (c) the operator has given NOPSEMA notice of, amended by and a report about, the accident or dangerous S.R. No. 160/2012 occurrence under clause 96 of Schedule 3 to reg. 33. the Act, and an OHS inspector has not entered the facility where the accident or dangerous occurrence occurred in response to the notice within 3 working days of the operator giving notice to NOPSEMA. Division 6—Miscellaneous

  519. 94 — Details in applications or submissions

    94 Details in applications or submissions Reg. 94(1) (1) An application or submission (however described) amended by S.R. No. that a person is required or permitted to make or 160/2012 give to NOPSEMA under this Chapter must reg. 34. include— (a) the person's name; and (b) if applicable, the name of the person's agent; and (c) the person's or agent's address in Australia; and (d) the person's or agent's telephone number and facsimile number. Reg. 94(2) (2) If there is a change to any of the details mentioned amended by S.R. No. in subregulation (1), the person or agent must 160/2012 notify NOPSEMA in writing as soon as reg. 34. practicable. Reg. 94(3) (3) Despite any provision of this Chapter, NOPSEMA amended by S.R. No. may delay proceeding with an application or 160/2012 submission until the person or agent has complied reg. 34. with this regulation. Authorised by the Chief Parliamentary Counsel 100 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety Part 3.3—Occupational health and safety Division 1—Health and safety

  520. 95 — Avoiding fatigue

    95 Avoiding fatigue (1) This regulation applies to— (a) an operator; and (b) an employer; and (c) another person in control of— (i) a facility; or (ii) a part of a facility; or (iii) particular work carried out at a facility. (2) A person to whom this regulation applies must not Reg. 95(2) amended by allow, or require, a member of the workforce who S.R. No. is under the person's control, to work for— 133/2012 reg. 23. (a) a continuous period; or (b) successive continuous periods— of a duration that could reasonably be expected to have an adverse effect on the health or safety of the member of the workforce or other persons at or near the facility. Penalty: In the case of a body corporate, 50 penalty units; In the case of a natural person, 10 penalty units.

  521. 96 — Possession or control of drugs or intoxicants

    96 Possession or control of drugs or intoxicants (1) A person on a facility must not have possession or Reg. 96(1) amended by control of— S.R. No. 133/2012 (a) a controlled substance; or reg. 24. Authorised by the Chief Parliamentary Counsel 101 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety (b) an intoxicant. Penalty: In the case of a body corporate, 50 penalty units; In the case of a natural person, 10 penalty units. (2) Subregulation (1) does not apply if— (a) the person had possession or control of a controlled substance that is a therapeutic drug; and (b) the person had the therapeutic drug under his or her possession or control— (i) in the course of the person's employment; or (ii) in the course of the person's duties or practice as— (A) a registered medical practitioner; or (B) a registered nurse; or (C) a registered pharmacist; or (iii) in accordance with the law of a State or Territory; or (iv) if the person had lawfully acquired the therapeutic drug—for the person's bona fide personal use. Authorised by the Chief Parliamentary Counsel 102 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety

  522. 97 — Person must leave the facility when instructed to do

    97 Person must leave the facility when instructed to do so (1) A person on a facility must leave the facility if Reg. 97(1) amended by instructed to do so by a person in command of the S.R. No. facility by an instruction in accordance with 133/2012 reg. 25. subregulation (2). Penalty: In the case of a body corporate, 50 penalty units; In the case of a natural person, 10 penalty units. (2) For the purposes of subregulation (1), an instruction is in accordance with this subregulation if— (a) in the case of an emergency—it is given orally or in any other way; or (b) in any other case relevant to occupational health and safety— (i) it is given in writing; and (ii) includes the reason for the instruction.

  523. 98 — Prohibition on the use of certain hazardous

    98 Prohibition on the use of certain hazardous substances (1) This regulation applies to— (a) an operator; and (b) an employer; and (c) another person in control of— (i) a facility; or (ii) a part of a facility; or (iii) particular work carried out at a facility. Authorised by the Chief Parliamentary Counsel 103 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety Reg. 98(2) (2) A person to whom this regulation applies must not amended by allow a hazardous substance, referred to in S.R. No. 133/2012 column 2 of an item in Part 2 or 3 of Schedule 3, reg. 26. to be used in any circumstance other than a circumstance specified in column 3 of the item opposite that substance. Penalty: In the case of a body corporate, 100 penalty units; In the case of a natural person, 20 penalty units. Reg. 98(3) (3) Subregulation (2) does not apply if the use is in amended by S.R. No. accordance with an exemption granted by 160/2012 NOPSEMA under regulation 101. reg. 35. (4) Subregulation (2) does not apply to the use of chrysotile asbestos if the chrysotile asbestos is in a product specified in Schedule 2 to the National Model Regulations for the Control of Workplace Hazardous Substances.

  524. 99 — Limitations on exposure to certain hazardous

    99 Limitations on exposure to certain hazardous substances (1) This regulation applies to— (a) an operator; and (b) an employer; and (c) another person in control of— (i) a facility; or (ii) a part of a facility; or (iii) particular work carried out at a facility. Reg. 99(2) (2) A person to whom this regulation applies must not amended by S.R. No. allow a member of the workforce, under the 133/2012 person's control, to be exposed to an airborne reg. 27. concentration of a hazardous substance in the breathing zone of the member of the workforce at Authorised by the Chief Parliamentary Counsel 104 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety a level that exceeds the appropriate exposure standard for the relevant period of time. Penalty: In the case of a body corporate, 100 penalty units; In the case of a natural person, 20 penalty units. (3) Subregulation (2) does not apply if the airborne Reg. 99(3) amended by concentration of the hazardous substance in the S.R. No. breathing zone of the member of the workforce is 160/2012 reg. 36. in accordance with an exemption given by NOPSEMA under regulation 101. (4) In this regulation— appropriate exposure standard means an airborne concentration for a substance as set out in the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment; hazardous substance means a substance— (a) that is described in the List of Designated Hazardous Substances; or (b) that has been determined, in writing, to be a hazardous substance by its manufacturer in accordance with the Approved Criteria for Classifying Hazardous Substances; or (c) that is mentioned in Part 3 of Schedule 3.

  525. 100 — Exposure to noise

    100 Exposure to noise (1) This regulation applies to— (a) an operator; or (b) an employer; or Authorised by the Chief Parliamentary Counsel 105 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety (c) another person in control of— (i) a facility; or (ii) a part of a facility; or (iii) particular work carried out at a facility. Reg. 100(2) (2) A person to whom this regulation applies must not amended by S.R. No. allow a member of the workforce who is under the 133/2012 person's control to be exposed to a level of noise reg. 28. that is in excess of the noise exposure standard. Penalty: In the case of a body corporate, 100 penalty units; In the case of a natural person, 20 penalty units. (3) However, it is not an offence for a person to allow a member of the workforce who is under the person's control to be exposed to a level of noise that exceeds the noise exposure standard if— (a) noise exposure is managed in a manner consistent with the provisions of the National Code of Practice for Noise Management and Protection of Hearing at Work; and (b) after allowing for the protection offered by hearing protectors, the level of noise exposure is less than— (i) an LAeq,8h, of 85dB(A); or (ii) an LC,peak, of 140dB(C). (4) Subregulation (3)(b) applies despite the wording of the noise exposure standard. Reg. 100(5) (5) Subregulation (2) does not apply if the level of amended by S.R. No. noise to which the member of the workforce is 160/2012 exposed, is in accordance with an exemption reg. 37. given by NOPSEMA under regulation 101. Authorised by the Chief Parliamentary Counsel 106 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety (6) In this regulation— noise exposure standard means the noise exposure standard set out in the National Standard for Occupational Noise.

  526. 101 — Exemptions from hazardous substances and noise

    101 Exemptions from hazardous substances and noise requirements (1) This regulation applies to— (a) an operator; or (b) an employer; or (c) another person in control of— (i) a facility; or (ii) a part of a facility; or (iii) particular work carried out at a facility. (2) A person to whom this regulation applies may Reg. 101(2) amended by apply to NOPSEMA for an exemption from S.R. No. compliance with regulation 98(2), 99(2) or 100(2). 160/2012 reg. 38(1). (3) NOPSEMA may grant an exemption if it Reg. 101(3) amended by considers that, in specified circumstances, S.R. No. compliance is not practicable. 160/2012 reg. 38(2). (4) NOPSEMA may specify conditions and Reg. 101(4) amended by limitations on an exemption. S.R. No. 160/2012 reg. 38(2). Authorised by the Chief Parliamentary Counsel 107 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety Division 2—Election of health and safety representatives Subdivision 1—Returning officer

  527. 102 — Appointment of returning officer

    102 Appointment of returning officer (1) If, under clause 32(3) of Schedule 3 to the Act, an operator is required to conduct an election, or arrange for the conduct of an election, the operator must nominate a person to act as the returning officer for the election. Reg. 102(2) (2) The operator must notify NOPSEMA of the amended by S.R. No. nomination. 160/2012 reg. 39(1). Reg. 102(3) (3) NOPSEMA may— amended by S.R. No. 160/2012 (a) approve the nomination and appoint the reg. 39(2). nominee as returning officer; or (b) appoint another person as returning officer. Subdivision 2—The poll

  528. 103 — Number of votes

    103 Number of votes Each person eligible to vote in an election is entitled to one vote only in the election.

  529. 104 — Right to secret ballot

    104 Right to secret ballot A person eligible to vote in an election may request the returning officer for the election to conduct the poll for the election by secret ballot.

  530. 105 — Conduct of poll by secret ballot

    105 Conduct of poll by secret ballot (1) As soon as practicable after a request under regulation 104, the returning officer must issue ballot-papers for the poll to voters. (2) The returning officer must conduct the poll in accordance with regulations 108 to 118. Authorised by the Chief Parliamentary Counsel 108 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety

  531. 106 — Conduct of poll if no request made for secret ballot

    106 Conduct of poll if no request made for secret ballot Subject to Subdivision 5, if no request is made for a secret ballot, the returning officer for an election may conduct a poll for the election in a manner determined by him or her to produce a fair result.

  532. 107 — If no candidate is elected

    107 If no candidate is elected If, in an election, no candidate is elected, the election is taken to have failed. Subdivision 3—Polling by secret ballot

  533. 108 — Ballot-papers

    108 Ballot-papers A ballot-paper must— (a) state the election to which it relates; and (b) set out the name of each candidate in alphabetical order; and (c) state the manner of voting.

  534. 109 — Distribution of ballot papers

    109 Distribution of ballot papers (1) As soon as practicable after a request under regulation 104 for a secret ballot, the returning officer for an election must give to each voter— (a) a ballot-paper that is initialled by the returning officer; and (b) an envelope that— (i) is addressed to the returning officer; and (ii) shows on its face that it relates to the election. (2) The envelope given to a voter by a returning officer— (a) may be pre-paid as to postage; and Authorised by the Chief Parliamentary Counsel 109 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety (b) in that case—may include on its face a statement by the returning officer that the envelope may be posted to the returning officer without expense to the voter. (3) The returning officer must ensure that the ballot-paper and envelope are enclosed in a covering envelope that is sealed and addressed to the voter.

  535. 110 — Manner of voting by secret ballot

    110 Manner of voting by secret ballot (1) A voter in a poll by secret ballot must mark the ballot-paper to indicate his or her preference by placing the number 1 in the box printed opposite the name of the candidate for whom that person wishes to vote. (2) After marking the ballot-paper, the voter must— (a) fold the ballot-paper so as to conceal the marking; and (b) put the ballot-paper in the envelope referred to in regulation 109(1)(b) and seal the envelope; and (c) lodge the ballot by— (i) putting the envelope containing the ballot-paper in a locked and sealed ballot box, provided for the election by the returning officer, in a secure part of the workplace where the members of the workforce in the designated work group to which the election relates may place envelopes of that kind; or (ii) sending the envelope to the returning officer so as to reach him or her not later than the close of the poll. Authorised by the Chief Parliamentary Counsel 110 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety (3) If, before lodging his or her ballot, a voter— (a) claims that he or she has spoilt his or her ballot-paper; and (b) returns the ballot-paper to the returning officer; and (c) requests a further ballot-paper— the returning officer must— (d) give the voter a fresh ballot-paper; and (e) write the word "spoilt" across the returned ballot-paper and sign and date the writing; and (f) retain the spoilt ballot-paper until the end of 6 months after notification of the result of the poll is given under regulation 121. Subdivision 4—The count

  536. 111 — Envelopes given to returning officer

    111 Envelopes given to returning officer (1) A returning officer for an election must— (a) keep the ballots received by him or her before the close of the poll secure; and (b) keep the envelopes containing the ballot-papers unopened until the count. (2) The returning officer must not admit to the count ballot-papers received by him or her after the close of the poll.

  537. 112 — Scrutineers

    112 Scrutineers Each candidate in a poll conducted by secret ballot may appoint one scrutineer to represent him or her at the count. Authorised by the Chief Parliamentary Counsel 111 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety

  538. 113 — Returning officer to be advised of scrutineers

    113 Returning officer to be advised of scrutineers A candidate must tell the returning officer for the election the name of his or her scrutineer (if any) before the commencement of the count.

  539. 114 — Persons present at the count

    114 Persons present at the count (1) The returning officer for an election may direct a person to leave the place where the count is being conducted if the person— (a) is not entitled to be present, or to remain present, at the count; or (b) being entitled to be present, interrupts the count, except as provided by subregulation (2). (2) A candidate's scrutineer may interrupt the count and so inform the returning officer if the scrutineer— (a) objects to a decision by the returning officer that a ballot paper is formal or informal, as the case may be; or (b) considers that an error has been made in the conduct of the count. (3) A person must comply with a direction given to him or her under subregulation (1) unless the person has a reasonable excuse. Penalty: 5 penalty units.

  540. 115 — Conduct of the count

    115 Conduct of the count (1) As soon as practicable after the close of the poll, the returning officer must count the votes for each candidate. Authorised by the Chief Parliamentary Counsel 112 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety (2) A scrutineer, appointed under regulation 112, may be present at the count. (3) A returning officer must, as soon as practicable before the count, notify each candidate, or a scrutineer of each candidate, of the place where, and the time when, the count is to occur. (4) The candidate who receives the most votes is the successful candidate. (5) If 2 or more candidates receive the same number of votes, the successful candidate is to be determined by lots drawn by the returning officer.

  541. 116 — Informal ballot-papers

    116 Informal ballot-papers A ballot-paper is informal if— (a) it is not initialled by the returning officer; or (b) it has no vote marked on it; or (c) it is so imperfectly marked that the intention of the person who marked the ballot-paper is not clear; or (d) it has any mark or writing on it by which the person who marked the ballot-paper can be identified.

  542. 117 — Completion of the count

    117 Completion of the count After the count conducted in respect of a poll has been completed, the returning officer must prepare, date and sign a statement setting out— (a) the number of valid votes given to each candidate; and (b) the number of informal ballot-papers. Authorised by the Chief Parliamentary Counsel 113 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety

  543. 118 — Destruction of election material

    118 Destruction of election material At the end of 6 months after notification of the result of the poll for an election is given under regulation 121, the returning officer may destroy— (a) the nominations for that election; and (b) the ballot-papers, including any spoilt ballot-papers, for the election. Subdivision 5—Result of election

  544. 119 — Request for recount

    119 Request for recount (1) At any time before notification of the result of the poll for an election is given under regulation 121, the returning officer— (a) on his or her own initiative—may conduct a recount of any ballot-papers received in the election; or (b) if a candidate makes a request, either orally or in writing, for a recount of any ballot-papers received in the election and gives reasons for the request—must conduct a recount of the ballot-papers. (2) In conducting a recount, the returning officer— (a) in the case of a poll by secret ballot—has the same powers for the purposes of the recount as he or she had in the count; and (b) in any other case—may make any reasonable decision in respect of the allowance and admission, or disallowance and rejection, of a vote cast in the poll.

  545. 120 — Irregularities at election

    120 Irregularities at election (1) Subject to subregulation (2), if the returning officer has reasonable grounds to believe that there has been an irregularity in the conduct of an Authorised by the Chief Parliamentary Counsel 114 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety election, he or she may, at any time before notification of the result of the poll is given under regulation 121, declare the election to be void. (2) An election must not be declared to be void only because of— (a) a defect or irregularity in the conduct of the election that did not affect the result of the election; or (b) an error or defect in an instrument or other document made, or purporting to be made, for the purposes of this Part; or (c) an illegal practice, other than bribery or corruption, or attempted bribery or corruption, having been engaged in by a person, unless— (i) it is likely that the result of the election was affected by the practice; and (ii) it is just that the election be declared void. (3) If an election is declared void, regulation 121 applies as if the election had failed.

  546. 121 — Result of poll

    121 Result of poll (1) As soon as practicable after the failure of an election, a returning officer must notify in writing— (a) the operator of the facility to which the election relates; and (b) NOPSEMA— Reg. 121(1)(b) amended by S.R. No. 160/2012 reg. 40. of the failure of the election. Authorised by the Chief Parliamentary Counsel 115 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety (2) As soon as practicable after the close of the poll for an election that has not failed, the returning officer must notify in writing the candidate who is elected and enclose with the notification a copy of the statement prepared under regulation 117. Division 3—Advice, investigations and inquiries

  547. 122 — Taking samples for testing etc

    122 Taking samples for testing etc. (1) If a sample of a substance or thing taken under clause 82(1)(b) of Schedule 3 to the Act is safely and practicably divisible, the OHS inspector who has taken the sample must— (a) divide the sample into 3 parts; and (b) put each part into a container and seal and label the container appropriately; and (c) give one part to the operator or the employer for whom the substance or thing was being used; and (d) provide another part for inspection, examination, measuring or testing for the purposes of Schedule 3 to the Act; and (e) retain the remaining part for any further inspection, examination, measuring or testing that is required. (2) If a sample of a substance or thing taken under clause 82(1)(b) of Schedule 3 to the Act is not safely and practicably divisible, the OHS inspector who has taken the sample must provide the whole sample for inspection, examination, measuring or testing for the purposes of the Schedule. Authorised by the Chief Parliamentary Counsel 116 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety

  548. 123 — Care of samples

    123 Care of samples An OHS inspector who, under clause 82(1) of Schedule 3 to the Act— (a) has taken possession of any plant, substance or thing; or (b) has taken a sample of a substance or thing— and removed the plant, substance or thing or the sample from the workplace must take all reasonable steps to ensure that, while in his or her possession or control— (c) the plant, substance or thing is not damaged; and (d) the sample is not contaminated.

  549. 124 — Form of certain notices

    124 Form of certain notices A notice issued by an elected health and safety representative or OHS inspector under any of the following provisions of Schedule 3 to the Act must be in accordance with the form specified in relation to the provision concerned— (a) clause 44(2) (provisional improvement notices)—Form 1; (b) clause 82(2) (power to take possession of plant, take samples of substances etc.)— Form 2; (c) clause 83(1) (power to direct that workplace etc. not be disturbed)—Form 3; (d) clause 84(1) (power to issue prohibition notices)—Form 4; (e) clause 89(1) (power to issue improvement notices)—Form 5. Authorised by the Chief Parliamentary Counsel 117 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety Division 4—Exemptions from the requirements in Part 3 of Schedule 3 to the Act

  550. 125 — Orders under clause 52 of Schedule 3 to the Act

    125 Orders under clause 52 of Schedule 3 to the Act Reg. 125(1) (1) For the purposes of clause 52(1) of Schedule 3 to amended by S.R. No. the Act, a person may apply in writing to 160/2012 NOPSEMA for an order exempting the person reg. 41(1). from one or more of the provisions of Part 3 of that Schedule. Reg. 125(2) (2) Within 28 days after NOPSEMA receives an amended by S.R. No. application, NOPSEMA must decide whether or 160/2012 not to make the order. reg. 41(1). Reg. 125(3) (3) In making the decision, NOPSEMA must— amended by S.R. No. 160/2012 (a) consult with persons who might be affected reg. 41(1). by the decision to grant or refuse an exemption; and (b) take into account submissions made by those persons. Examples

  551. 1 — If an operator applies for an exemption, a health and

    1 If an operator applies for an exemption, a health and safety representative might be an affected person.

  552. 2 — If a health and safety representative applies for an

    2 If a health and safety representative applies for an exemption, an operator might be an affected person. Reg. 125(4) (4) In granting an exemption, NOPSEMA— amended by S.R. No. 160/2012 (a) may grant an exemption subject to reg. 41(1). conditions; and (b) may specify a period of time in which an exemption applies. Reg. 125(5) (5) NOPSEMA must give reasons for the decision. amended by S.R. No. 160/2012 reg. 41(2). Authorised by the Chief Parliamentary Counsel 118 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety Division 5—Laws that do not apply

  553. 126 — Laws that do not apply

    126 Laws that do not apply For the purposes of section 63 of the Act, the following Acts are prescribed— (a) Dangerous Goods Act 1985; (b) Electricity Safety Act 1998; (c) Gas Safety Act 1997; (d) Occupational Health and Safety Act 2004. Division 6—Miscellaneous

  554. 127 — Service of notices

    127 Service of notices (1) For the purposes of Schedule 3 to the Act and this Chapter, a notice that is to be given to a body corporate may be given to a director, principal executive officer or secretary of the body corporate. (2) For the purposes of Schedule 3 to the Act and this Chapter, a notice or report may be given to a person— (a) by facsimile message transmitted to a facsimile facility that is installed at the address of the person last known to the person transmitting the message; or (b) by an email sent to a computer system that is known to be in use by the person, being a message that is— (i) in a form compatible with the computer system; and (ii) capable of being recorded by the computer system. Authorised by the Chief Parliamentary Counsel 119 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.3—Occupational health and safety (3) If a person gives the notice or report to another person, the person must— (a) inform the other person by telephone— (i) before transmission of the message; or (ii) as soon as practicable after transmission of the message— of the fact that the message will be, or has been, transmitted; and (b) send a copy of the notice or report by pre-paid post to the address of the other person last known to the first-mentioned person. Authorised by the Chief Parliamentary Counsel 120 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving Part 3.4—Diving Division 1—Preliminary

  555. 128 — Meaning of diving

    128 Meaning of diving (1) For the purposes of this Chapter, a person is diving if he or she— (a) is in a chamber inside which the ambient pressure is equal to or higher than the hydrostatic pressure at a depth of 1 metre in seawater (whether or not the chamber is submerged in water or another liquid); or (b) is submerged in water or another liquid and his or her lungs are subjected to a pressure greater than atmospheric pressure (whether or not he or she is wearing a wetsuit or other protective clothing); or (c) is in a manned submersible craft that is submerged in water or another liquid. (2) For the purposes of this Chapter, diving also includes diving using a snorkel and diving without the use of any breathing apparatus. (3) For the purposes of this Chapter, diving does not include— (a) diving using a snorkel; or (b) diving without the use of any breathing apparatus— for the purpose of conducting an environmental survey. Authorised by the Chief Parliamentary Counsel 121 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving

  556. 129 — When a diving operation begins and ends

    129 When a diving operation begins and ends (1) For the purposes of this Chapter, a diving operation begins when the diver, or first diver, who takes part in the operation starts to prepare to dive. (2) A diving operation ends when the diver, or last diver, who takes part in the operation leaves the water or the chamber or environment in which the dive took place and has completed any necessary decompression procedures. (3) A diving operation includes the time taken for therapeutic recompression if that is necessary. Division 2—Diving safety management systems

  557. 130 — No diving without DSMS

    130 No diving without DSMS Reg. 130(1) (1) Before beginning diving work that forms part of a amended by S.R. No. diving project, a diving contractor must— 133/2012 reg. 29(1). (a) have a DSMS that is— (i) accepted; and (ii) current; and (b) give the DSMS to the operator of the diving project. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. Reg. 130(2) (2) The operator of a diving project must not allow amended by S.R. No. diving work that forms part of the diving project 133/2012 to begin if the diving contractor has not given to reg. 29(2). the operator a DSMS that is— (a) accepted; and Authorised by the Chief Parliamentary Counsel 122 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (b) current. Penalty: In the case of a body corporate, 500 penalty units; In the case of a natural person, 100 penalty units. (3) A diving contractor must not allow diving to Reg. 130(3) amended by continue on a diving project if the DSMS is no S.R. No. longer— 133/2012 reg. 29(3). (a) accepted; and (b) current. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (4) For the purposes of this regulation, an accepted DSMS is current if— (a) the DSMS has not been varied, or the acceptance of the DSMS has not been withdrawn, since its latest acceptance; or (b) it is not more than 5 years since its latest acceptance.

  558. 131 — Contents of DSMS

    131 Contents of DSMS (1) A DSMS must meet the minimum standards set Reg. 131(1) amended by out in guidelines made by NOPSEMA for the S.R. No. purposes of this subregulation, as in force from 160/2012 reg. 42. time to time. (2) A DSMS must provide for— (a) all activities connected with a diving project; and Authorised by the Chief Parliamentary Counsel 123 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (b) the preparation of a diving project plan, in accordance with Division 3, for a project (including consultation with members of the workforce in the preparation of the plan) and the variation of the plan as necessary; and (c) the continual and systematic identification of hazards related to a diving project; and (d) the continual and systematic assessment of— (i) the likelihood of the occurrence, during normal or emergency situations, of injury or damage associated with those hazards; and (ii) the likely nature of any injury or damage; and (e) the elimination of risks to persons involved with the project and associated work including— (i) risks arising during evacuation, escape and rescue in case of emergency; and (ii) risks to persons involved with the operation arising from equipment and hardware— or the reduction of those risks to as low as reasonably practicable; and (f) the inspection and maintenance of, and testing programs for, equipment and hardware integral to the control of those risks; and (g) communications between persons involved in a diving project; and (h) the performance standards that apply to the DSMS; and (i) a program of continuous improvement. Authorised by the Chief Parliamentary Counsel 124 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (3) A DSMS must— (a) specify any standard or code of practice that is to be used in a diving project; and (b) require the diving to be carried out in accordance with those standards or codes. (4) A DSMS must contain— (a) any information that is reasonably necessary to demonstrate that the DSMS complies with this Chapter; and (b) a system for the management of change.

  559. 132 — Acceptance of new DSMS

    132 Acceptance of new DSMS (1) If a diving contractor does not already have an Reg. 132(1) amended by accepted DSMS, the contractor must give a S.R. No. DSMS to NOPSEMA at least 60 days before a 160/2012 reg. 43. proposed diving project is expected to begin. (2) Within 60 days after receiving the DSMS, Reg. 132(2) amended by NOPSEMA must accept or reject the DSMS. S.R. No. 160/2012 reg. 43. (3) As soon as practicable after making a decision Reg. 132(3) amended by under subregulation (2), NOPSEMA must notify S.R. No. the diving contractor of its decision. 160/2012 reg. 43.

  560. 133 — Acceptance of varied DSMS

    133 Acceptance of varied DSMS (1) If a diving contractor has varied a DSMS, the Reg. 133(1) amended by contractor must give the varied DSMS to S.R. No. NOPSEMA. 160/2012 reg. 44(1). (2) NOPSEMA must accept or reject the DSMS Reg. 133(2) amended by within— S.R. No. 160/2012 (a) 28 days after receiving the varied DSMS; or reg. 44(2)(a). Authorised by the Chief Parliamentary Counsel 125 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving Reg. 133(2)(b) (b) another period agreed between NOPSEMA amended by and the diving contractor. S.R. No. 160/2012 reg. 44(2)(b). Reg. 133(3) (3) As soon as practicable after making a decision amended by S.R. No. under subregulation (2), NOPSEMA must notify 160/2012 the diving contractor of its decision. reg. 44(3). Reg. 134 134 Grounds for rejecting DSMS amended by S.R. No. 160/2012 NOPSEMA must reject a DSMS if— reg. 45(a). (a) the DSMS does not adequately comply with regulation 131; or Reg. 134(b) (b) NOPSEMA is not satisfied that there was amended by S.R. No. consultation with divers and other members 160/2012 of the workforce in the preparation of the reg. 45(b). DSMS, as required by regulation 145.

  561. 135 — Notice of reasons

    135 Notice of reasons Reg. 135(1) (1) If NOPSEMA decides to reject a DSMS, amended by S.R. No. NOPSEMA must set out, in writing, with the 160/2012 notice mentioned in regulation 132(3) or 133(3), reg. 46. the reasons for rejecting the DSMS. Reg. 135(2) (2) If NOPSEMA decides to impose conditions on a amended by S.R. No. DSMS, NOPSEMA must set out, in writing, with 160/2012 the notice mentioned in regulation 132(3) reg. 46. or 133(3), the reasons for imposing conditions on the DSMS.

  562. 136 — Register of DSMSs

    136 Register of DSMSs Reg. 136(1) (1) NOPSEMA must keep a register of each DSMS amended by S.R. No. and varied DSMS it receives, in a form that allows 160/2012 public access. reg. 47. Authorised by the Chief Parliamentary Counsel 126 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (2) The register must record as many of the following details as apply to the DSMS— (a) the name of the diving contractor; (b) the date of acceptance; (c) any conditions on acceptance; (d) the date of rejection; (e) the date that acceptance was withdrawn; (f) the date of any variation notice under regulation 138. (3) NOPSEMA must also record on the register, the Reg. 136(3) amended by following details for each diving project plan it S.R. No. receives under regulation 140— 160/2012 reg. 47. (a) the name of the diving contractor; (b) the diving project to which the diving project plan applies; (c) the proposed commencement date of the project; (d) the date of receipt of the plan.

  563. 137 — Variation of DSMS

    137 Variation of DSMS A diving contractor must revise a DSMS— (a) if developments in scientific or technical knowledge, or in the assessment of hazards, relevant to diving projects make it appropriate to do so; and (b) if the diving contractor proposes to make a significant change to the method of operation or to procedures or equipment; and (c) if NOPSEMA gives notice in accordance Reg. 137(c) amended by with regulation 138; and S.R. No. 160/2012 reg. 48. Authorised by the Chief Parliamentary Counsel 127 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving Reg. 137(d) (d) if a number of minor changes result in the amended by DSMS being significantly different from the S.R. No. 160/2012 latest version of the DSMS accepted by reg. 48. NOPSEMA; and (e) at the end of each period of 5 years commencing on the later of— Reg. 137(e)(i) (i) the date when the DSMS is first amended by S.R. No. accepted by NOPSEMA; and 160/2012 reg. 48. Reg. 137(e)(ii) (ii) the date of the most recent acceptance amended by S.R. No. by NOPSEMA of a varied version of 160/2012 the DSMS. reg. 48.

  564. 138 — Notice to vary DSMS

    138 Notice to vary DSMS Reg. 138(1) (1) NOPSEMA may give notice (a variation notice) amended by S.R. No. to a diving contractor to vary a DSMS. 160/2012 reg. 49(1). (2) A variation notice must be in writing and must set out— (a) the matters to be varied; and (b) the time within which the variation must be completed; and (c) the reasons why the variation is necessary. Reg. 138(3) (3) The diving contractor may make a submission in amended by S.R. No. writing to NOPSEMA, within 21 days after 160/2012 receiving the notice or any longer period that reg. 49(2). NOPSEMA allows in writing, setting out the contractor's reasons for any of the following— (a) why the variation is not necessary; (b) why the variation should be in different terms from those proposed; Authorised by the Chief Parliamentary Counsel 128 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (c) whether or not the contractor gives other reasons—why the notice should take effect on a later date than the date set out in the notice. (4) If a contractor makes a submission under Reg. 138(4) amended by subregulation (3), NOPSEMA must, within S.R. No. 28 days after receiving the submission— 160/2012 reg. 49(2). (a) decide whether NOPSEMA accepts the Reg. 138(4)(a) amended by reasons in the submission; and S.R. No. 160/2012 reg. 49(2). (b) give the contractor notice in writing affirming, varying or withdrawing the variation notice; and (c) if NOPSEMA decides not to accept the Reg. 138(4)(c) amended by reasons or any part of them—set out in the S.R. No. notice the grounds for not accepting them. 160/2012 reg. 49(2). (5) The contractor must revise the DSMS, in Reg. 138(5) amended by accordance with the notice as originally given or S.R. No. as varied under subregulation (4), and submit it to 160/2012 reg. 49(2). NOPSEMA. (6) If the contractor does not revise a DSMS when Reg. 138(6) amended by required by this regulation to do so, NOPSEMA S.R. No. may withdraw its acceptance of the DSMS or its 160/2012 reg. 49(2). agreement to the use of the DSMS for the project. Division 3—Diving project plans

  565. 139 — Diving project plan to be approved

    139 Diving project plan to be approved (1) This regulation applies if there is an operator for a diving project. (2) The diving contractor must prepare a diving project plan for each diving project in consultation with the operator for the project. Authorised by the Chief Parliamentary Counsel 129 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (3) The diving project plan must be approved by the operator for the project before diving can commence on the project. (4) If— (a) the operator for the project is the operator of more than one facility; and (b) the diving project relates to more than one such facility— the diving project plan must be approved by the operator in respect of each such facility. (5) The operator must not approve the diving project plan unless the operator is satisfied that— (a) the plan complies with regulation 143; and (b) there was effective consultation in the preparation of the plan, as required by regulation 145. Reg. 140 140 Diving project plan to NOPSEMA if there is no (Heading) amended by operator S.R. No. 160/2012 (1) This regulation applies if there is no operator for a reg. 50(1). diving project. Reg. 140(2) (2) The diving contractor must prepare a diving amended by S.R. No. project plan for the diving project and give a copy 160/2012 of the plan to NOPSEMA. reg. 50(2). Reg. 140(3) (3) NOPSEMA must not accept the diving project amended by S.R. No. plan unless it is satisfied that— 160/2012 reg. 50(3). (a) the plan complies with regulation 143; and (b) there was effective consultation in the preparation of the plan, as required by regulation 145; and Authorised by the Chief Parliamentary Counsel 130 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (c) the diving operations to which the plan relates are appropriate to be covered by a single plan.

  566. 141 — Diving project plan to NOPSEMA if requested Reg. 141

    141 Diving project plan to NOPSEMA if requested Reg. 141 (Heading) amended by If NOPSEMA asks the operator for a diving S.R. No. project for a copy of the diving project plan, the 160/2012 reg. 51(1). operator must give a copy of the plan to Reg. 141 NOPSEMA. amended by S.R. No. 160/2012 reg. 51(2).

  567. 142 — Updating diving project plan

    142 Updating diving project plan (1) A diving contractor for a diving project must keep the diving project plan for the project up to date during the project. (2) The diving contractor must update the diving project plan if— (a) because of modification of the project, there is a significant increase in the overall level of risk to a diving operation; or (b) the operator for the project proposes to undertake or permit a modification of the project that might influence significantly the level of specific risks to a diving operation or the ranking of risk contributors. (3) If there is no operator for a diving project and the Reg. 142(3) amended by diving project plan has been updated, the diving S.R. No. contractor must resubmit the updated plan to 160/2012 reg. 52. NOPSEMA for consideration. Authorised by the Chief Parliamentary Counsel 131 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving

  568. 143 — Contents of diving project plan

    143 Contents of diving project plan (1) A diving project plan must set out the following matters— (a) a description of the work to be done; (b) a list of the Commonwealth and State legislation (including this Chapter) that the diving contractor considers applies to the project; (c) a list of standards and codes of practice that will be applied in carrying out the project; (d) a hazard identification; (e) a risk assessment; (f) a safety management plan; (g) job hazard analyses for the diving operations; (h) an emergency response plan; (i) the provisions of the DSMS and the safety case that are relevant to the diving project, in particular the arrangements in the DSMS and the safety case for simultaneous operations and emergency response; (j) details of consultation with divers and other members of the workforce working on the project. (2) The diving project plan must describe each diving operation that is part of the diving project. (3) The diving project plan must not specify as a diving operation a task that is too complex, or too big, to be supervised safely by one supervisor. (4) The diving project plan must provide for adequate communications between persons undertaking the project and any relevant— Authorised by the Chief Parliamentary Counsel 132 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (a) contractor; and (b) facility; and (c) vessel or aircraft; and (d) on-shore installation.

  569. 144 — No diving without approved diving project plan Reg. 144

    144 No diving without approved diving project plan Reg. 144 amended by S.R. No. A diving contractor for a project must not allow a 133/2012 person to dive on the project if— reg. 30. (a) there is no diving project plan for the project; or (b) the diving project plan has not been Reg. 144(b) amended by approved by the operator or accepted by S.R. No. NOPSEMA if there is no operator. 160/2012 reg. 53. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. Division 4—Involvement of divers and members of the workforce

  570. 145 — Involvement of divers and members of the

    145 Involvement of divers and members of the workforce in DSMS and diving project plan (1) In developing or revising a DSMS or diving project plan, a diving contractor must ensure that there is effective consultation with, and participation of, divers and other members of the workforce who will, or may be, working on— (a) the project; or (b) in the case of a DSMS—projects for which the DSMS would be appropriate. Authorised by the Chief Parliamentary Counsel 133 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving Reg. 145(2) (2) When submitting a DSMS to NOPSEMA for amended by acceptance, the diving contractor must set out in S.R. No. 160/2012 writing, details of the consultation that has taken reg. 54. place, including— (a) submissions or comments made during the consultation; and (b) any changes that have been made to the DSMS as a result of the consultation. Division 5—Safety responsibilities

  571. 146 — Safety responsibilities of diving contractors

    146 Safety responsibilities of diving contractors Reg. 146(1) (1) A diving contractor must take all necessary steps amended by S.R. No. to provide and maintain a working environment 133/2012 (including equipment and systems of work) that reg. 31(1). reduces risks to the safety and health of divers and other members of the workforce to as low as reasonably practicable. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. Reg. 146(2) (2) A diving contractor must take all necessary steps amended by S.R. No. to ensure that a diving operation for which the 133/2012 diving contractor is responsible is carried out in a reg. 31(2). way that complies with the accepted DSMS for the project. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units.

  572. 147 — Safety in the diving area

    147 Safety in the diving area Reg. 147(1) (1) At each place of diving, before the diving amended by S.R. No. operation begins, the diving contractor must make 133/2012 available a copy of— reg. 32(1). Authorised by the Chief Parliamentary Counsel 134 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (a) the instrument by which the diving supervisor was appointed; and (b) the DSMS; and (c) the diving project plan that relates to the operation. Penalty: In the case of a body corporate, 50 penalty units; In the case of a natural person, 10 penalty units. (2) A person engaged in a diving operation must Reg. 147(2) amended by comply with— S.R. No. 133/2012 (a) an instruction given by a diving supervisor reg. 32(2). for the diving operation about a matter in the diving project plan; and (b) a direction under regulation 150(3) given to the person by a diving supervisor for the diving operation. Penalty: In the case of a body corporate, 50 penalty units; In the case of a natural person, 10 penalty units.

  573. 148 — Diving depths

    148 Diving depths (1) The operator for a surface-oriented diving Reg. 148(1) amended by operation, involving the use of air or mixed gas as S.R. No. a breathing medium, must not allow the operation 133/2012 reg. 33(1). to be carried out at a depth of more than 50 metres. Penalty: In the case of a body corporate, 500 penalty units; In the case of a natural person, 100 penalty units. Authorised by the Chief Parliamentary Counsel 135 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving Reg. 148(2) (2) The diving contractor for a surface-oriented amended by diving operation, involving the use of air or mixed S.R. No. 133/2012 gas as a breathing medium, must not allow the reg. 33(2). operation to be carried out at a depth of more than 50 metres. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. Reg. 148(3) (3) The operator for a diving operation that is carried amended by S.R. No. out at a depth of more than 50 metres must ensure 133/2012 that the diving operation involves the use of— reg. 33(3). (a) a closed diving bell and a suitable mixed gas breathing medium; or (b) a manned submersible craft. Penalty: In the case of a body corporate, 500 penalty units; In the case of a natural person, 100 penalty units. Reg. 148(4) (4) The diving contractor for a diving operation that is amended by S.R. No. carried out at a depth of more than 50 metres must 133/2012 ensure that the diving operation involves the use reg. 33(4). of— (a) a closed diving bell and a suitable mixed gas breathing medium; or (b) a manned submersible craft. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. Authorised by the Chief Parliamentary Counsel 136 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving Division 6—Diving supervisors

  574. 149 — Appointment of diving supervisors

    149 Appointment of diving supervisors (1) The diving contractor responsible for a diving Reg. 149(1) amended by operation must appoint, in writing, one or more S.R. No. diving supervisors to ensure that there is a diving 133/2012 reg. 34(1). supervisor to supervise all diving that is carried out as part of the operation. Penalty: In the case of a body corporate, 100 penalty units; In the case of a natural person, 20 penalty units. Note Regulation 143(3) limits the scope of a diving operation that can be supervised by one diving supervisor. (2) A diving contractor must not appoint, as a diving Reg. 149(2) amended by supervisor, a person who is not— S.R. No. 133/2012 (a) qualified as a supervisor under ADAS; and reg. 34(2). (b) competent to supervise the operation. Penalty: In the case of a body corporate, 100 penalty units; In the case of a natural person, 20 penalty units.

  575. 150 — Duties of diving supervisors

    150 Duties of diving supervisors (1) The duties of a diving supervisor for a diving operation are— (a) to ensure that the diving operation is carried out— (i) as far as reasonably practicable without risk to the health or safety of anybody taking part in it or of anyone else who may be affected by it; and (ii) in accordance with the law; and Authorised by the Chief Parliamentary Counsel 137 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (iii) in accordance with the accepted DSMS for the operation; and (iv) in accordance with the relevant diving project plan; and (b) to countersign entries about the operation in divers' log books; and (c) if there is an operator for the diving project—to report to the operator, during the operation, any of the following— (i) the death of, or serious personal injury to, a person; (ii) the incapacitation of a person that prevents the person from performing work for a period of 3 or more days; (iii) an event that could reasonably have led to a consequence of the type mentioned in subparagraph (i) or (ii); (iv) a decompression illness; (v) a pulmonary barotrauma; (vi) a case of omitted decompression; (vii) an occurrence for which the standby diver is deployed for an emergency, except for the purposes of training, exercises or drills; (viii) a failure of life support equipment or man riding equipment. Reg. 150(2) (2) A diving supervisor must not fail to carry out a amended by S.R. No. duty imposed on him or her by subregulation (1). 133/2012 reg. 35(1). Penalty: In the case of a body corporate, 100 penalty units; In the case of a natural person, 20 penalty units. Authorised by the Chief Parliamentary Counsel 138 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (3) A diving supervisor, when supervising a diving operation, may give such reasonable directions to any person taking part in the operation as are necessary to enable the diving supervisor to comply with subregulation (1)(a)(i). (4) A diving supervisor must not dive while he or she Reg. 150(4) amended by is on duty as diving supervisor. S.R. No. 133/2012 Penalty: In the case of a body corporate, reg. 35(2). 100 penalty units; In the case of a natural person, 20 penalty units. (5) A diving supervisor for a diving operation must Reg. 150(5) amended by tell each person who takes part in the operation S.R. No. any instruction, in the diving project plan for the 133/2012 reg. 35(3). operation, that applies to the person. Penalty: In the case of a body corporate, 100 penalty units; In the case of a natural person, 20 penalty units. (6) In this regulation— man riding equipment includes any of the following— (a) an air stage; (b) a wet bell; (c) a closed bell; (d) a guide wire system. Notes

  576. 1 — If there is no operator for a diving project, another law may

    1 If there is no operator for a diving project, another law may require the reporting of accidents and incidents.

  577. 2 — Regulation 154 requires a diving supervisor to maintain a

    2 Regulation 154 requires a diving supervisor to maintain a diving operations record. Authorised by the Chief Parliamentary Counsel 139 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving Division 7—Start-up notices

  578. 151 — Start-up notice

    151 Start-up notice (1) In this regulation— Reg. 151(1) start-up notice, for a diving project, means a def. of start-up notice written notice, signed by or for the person amended by giving it, dated and containing the following S.R. No. 160/2012 information— reg. 55(1). (a) the name, address and telephone number of the diving contractor for the project; (b) the name, address and telephone number of a person who can be contacted by NOPSEMA at any time during the project; (c) the date when diving is expected to begin; (d) the expected duration of the project; (e) the location of the project; (f) the depth to which divers will dive; (g) the purpose of the diving project; (h) the estimated number of people to be engaged in the project; (i) the breathing mixture to be used; (j) the title, document number and variation number of the diving project plan for the project. Reg. 151(2) (2) The operator for a diving project must not allow amended by S.R. Nos diving on the project to begin if the operator has 133/2012 not given a start-up notice to NOPSEMA— reg. 36(1), 160/2012 reg. 55(2). (a) at least 14 days before the day when diving is to begin; or Authorised by the Chief Parliamentary Counsel 140 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (b) on another day as agreed between Reg. 151(2)(b) NOPSEMA and the operator. amended by S.R. No. 160/2012 reg. 55(2). Penalty: In the case of a body corporate, 500 penalty units; In the case of a natural person, 100 penalty units. (3) If there is no operator for a diving project, the Reg. 151(3) amended by diving contractor must not allow diving on the S.R. Nos project to begin if the diving contractor has not 133/2012 reg. 36(2), given a start-up notice to NOPSEMA— 160/2012 reg. 55(2). (a) at least 14 days before the day when diving is to begin; or (b) on another day as agreed between Reg. 151(3)(b) amended by NOPSEMA and the diving contractor. S.R. No. 160/2012 reg. 55(2). Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. Division 8—Diving operations

  579. 152 — Divers in diving operations

    152 Divers in diving operations (1) A diving contractor for a diving operation must Reg. 152(1) amended by not allow a person to dive in the diving operation S.R. No. if the person is not competent to carry out safely 133/2012 reg. 37(1). any activity that is reasonably likely to be necessary while the person is taking part in the operation. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. Authorised by the Chief Parliamentary Counsel 141 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving Reg. 152(2) (2) A diving supervisor for a diving operation must amended by not allow a person to dive in the diving operation S.R. No. 133/2012 if the person is not competent to carry out safely reg. 37(2). any activity that is reasonably likely to be necessary while the person is taking part in the operation. Penalty: In the case of a body corporate, 100 penalty units; In the case of a natural person, 20 penalty units. Reg. 152(3) (3) A diving contractor for a diving operation must amended by S.R. No. not allow a person to dive in the diving operation 133/2012 if the person does not have a current diving reg. 37(3). qualification under ADAS to carry out any activity that is reasonably likely to be necessary while the person is taking part in the operation. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. Reg. 152(4) (4) A diving supervisor for a diving operation must amended by S.R. No. not allow a person to dive in the diving operation 133/2012 if the person does not have a current diving reg. 37(4). qualification under ADAS to carry out any activity that is reasonably likely to be necessary while the person is taking part in the operation. Penalty: In the case of a body corporate, 100 penalty units; In the case of a natural person, 20 penalty units. Authorised by the Chief Parliamentary Counsel 142 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (5) A diving contractor for a diving operation must Reg. 152(5) not allow a person to dive in the diving operation amended by S.R. No. if the person does not have a valid medical 133/2012 certificate. reg. 37(5). Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (6) A diving supervisor for a diving operation must Reg. 152(6) amended by not allow a person to dive in the diving operation S.R. No. if the person does not have a valid medical 133/2012 reg. 37(6). certificate. Penalty: In the case of a body corporate, 100 penalty units; In the case of a natural person, 20 penalty units. (7) Subregulations (3), (4), (5) and (6) do not apply if the person— (a) is diving in a manned submersible craft; or (b) is diving to provide emergency medical care to an injured person in a chamber.

  580. 153 — Medical certificates

    153 Medical certificates (1) A diver's medical certificate is valid if it satisfies subregulation (2) or (3). (2) A diver's medical certificate satisfies this subregulation if— (a) it certifies that, at the time it was given, the diver was fit to dive in accordance with the fitness requirements in AS/NZS 2299.1:2007; and Authorised by the Chief Parliamentary Counsel 143 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (b) it is not more than one year old; and (c) the registered medical practitioner who gave it— (i) is accredited by the South Pacific Underwater Medicine Society, the Health and Safety Executive of the United Kingdom or the Underwater Hyperbaric Medicine Society; or (ii) has completed an appropriate course of training conducted by the Royal Australian Navy or the Royal Adelaide Hospital; or (iii) has been approved under ADAS; and (d) before giving it, the registered medical practitioner examined the diver in accordance with the Schedule of Minimum Examination Requirements in AS/NZS 2299.1:2007; and (e) immediately after the examination, the registered medical practitioner entered the certificate in the diver's log book. (3) A diver's medical certificate satisfies this subregulation if it is valid for the United Kingdom under any law of the United Kingdom or for the Kingdom of Norway under any law of Norway relating to the medical fitness of persons employed as divers. Division 9—Records

  581. 154 — Diving operations record

    154 Diving operations record Reg. 154(1) (1) A diving supervisor for a diving operation must amended by S.R. No. ensure that a diving operations record for the 133/2012 operation is maintained in the form required by reg. 38(1). subregulations (2) and (3). Authorised by the Chief Parliamentary Counsel 144 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) A diving operations record— (a) must be kept in a hard-covered form bound in such a way that its pages cannot easily be removed; or (b) if it is in a form that has multiple copies of each page, must be bound so that at least one copy of each page cannot easily be removed. (3) The pages of a diving operations record must be serially numbered. (4) The diving supervisor for a diving operation must Reg. 154(4) amended by ensure that an entry is made in the diving S.R. No. operations record for each day when diving for the 133/2012 reg. 38(2). operation takes place, with the following information about the diving operation on that day— (a) the date to which the entry relates; (b) the diving contractor's name and address; (c) the name of the diving supervisor, or the names of the diving supervisors, who supervised the operation; (d) the location of the diving operation (including, if the diving was done from a vessel or installation, its name); (e) the name of each person who took part in the operation (whether as a diver or as a member of a dive team); (f) the name of each person who took part as a diver or stand-by diver in the operation; Authorised by the Chief Parliamentary Counsel 145 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (g) the purpose of the diving operation; (h) for each diver—the breathing apparatus and breathing mixture used; (i) for each diver—the times at which the diver left the surface, reached the bottom, left the bottom and arrived at the surface again, and bottom time; (j) for each diver—the maximum depth reached; (k) the decompression schedule followed including, for each diver, details of the depths and the duration at each depth during decompression; (l) details of any emergency or incident of special note that happened during the operation; (m) details of any decompression illness and any treatment given; (n) details of any significant defect or significant failure of diving plant or equipment used in the operation; (o) details of any environmental factors relevant to the operation; (p) anything else that is likely to affect the health or safety of anybody who took part in the operation. Penalty: In the case of a body corporate, 50 penalty units; In the case of a natural person, 10 penalty units. Authorised by the Chief Parliamentary Counsel 146 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (5) A diving supervisor responsible for a diving Reg. 154(5) operation must sign— amended by S.R. No. (a) either— 133/2012 reg. 38(3). (i) if the record is in a form that has multiple copies of each page—the original of each page of each entry; or (ii) in any other case—each page of each entry; or (b) if there are 2 or more diving supervisors for the operation—those parts of the entry that relate to diving work that he or she supervised— in the diving operations record for the operation and must print his or her name below the signature. Penalty: In the case of a body corporate, 50 penalty units; In the case of a natural person, 10 penalty units. (6) A diving contractor must keep a diving operations Reg. 154(6) amended by record for at least 7 years after the date of the last S.R. No. entry in it. 133/2012 reg. 38(4). Penalty: In the case of a body corporate, 25 penalty units; In the case of a natural person, 5 penalty units.

  582. 155 — Divers' log books

    155 Divers' log books (1) A diver must— (a) have a log book in the form required by subregulation (2); and Authorised by the Chief Parliamentary Counsel 147 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (b) for each time he or she dives— (i) make an entry in the log book, in ink, as required by subregulation (3); and (ii) sign the entry; and (iii) have the diving supervisor for the operation countersign the entry; and (c) keep the log book for at least 7 years after the date of the last entry in it. Penalty: 5 penalty units. (2) The log book must— (a) have hard covers; and (b) be bound so that pages cannot easily be removed; and (c) have its pages serially numbered; and (d) show the diver's name; and (e) have a clear photograph of the head and shoulders of the diver; and (f) have a specimen of the diver's signature. (3) An entry in the log book must contain the following information— (a) the date to which the entry relates; (b) the location of the dive (and, if the dive was from a ship or installation, the name of the ship or installation); (c) the maximum depth reached; (d) the times at which the diver left the surface, reached the bottom, left the bottom and arrived at the surface again, and bottom time; (e) the breathing apparatus and breathing mixture used; (f) the decompression schedule followed; Authorised by the Chief Parliamentary Counsel 148 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 3.4—Diving (g) the work done and the plant and tools used; (h) any decompression illness, barotrauma, discomfort or injury and details of any treatment given; (i) details of any emergency or incident; (j) anything else relevant to the diver's health or safety. Authorised by the Chief Parliamentary Counsel 149 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.1—Introduction Chapter 4—Greenhouse gas injection and storage Part 4.1—Introduction

  583. 156 — Definitions

    156 Definitions In this Chapter— leakage from the well bore— (a) means any leakage of a greenhouse gas substance from a well that forms part of a project, including— (i) an injection well; or (ii) a monitoring well; or (iii) a pressure management well; and (b) does not include any leakage that may occur from wells that do not form part of the project (such as old petroleum wells); Note Leakage from a well that does not form part of a project is to be regarded as leakage of a stored greenhouse gas substance. reportable incident means an incident described in regulation 175; stored greenhouse gas substance— (a) means a greenhouse gas substance that— (i) has been injected; and (ii) has left the well bore to enter into the reservoir rock; and Authorised by the Chief Parliamentary Counsel 150 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.1—Introduction (b) does not include any greenhouse gas substance that has been part of leakage from the well bore. Note risk is defined in regulation 4.

  584. 157 — Significant risk of a significant adverse impact

    157 Significant risk of a significant adverse impact— information (1) This regulation— (a) is made for the purposes of sections 27(1), 28(1), 29(1), 30(1) and 31(1) of the Act; and (b) sets out— (i) information required for the purpose of determining the question (the risk question) described in any of those subsections; and (ii) procedures for obtaining or evaluating the information. Note Sections 27(1), 28(1), 29(1), 30(1) and 31(1) of the Act describe different risk questions. Broadly, a risk question is whether there is a significant risk that an operation that could be carried on under a licence described in the section will have a significant adverse impact on other operations described in the section. (2) The person who intends to carry on an operation for which the risk question must be determined (the main operation) must give the Minister all information that is relevant to allow the Minister to determine the risk question. (3) If the Minister is not satisfied that the person has given the Minister all information that is relevant, the Minister may request the person, in writing, to give the Minister the information specified in the request for the purpose of determining the risk question. Authorised by the Chief Parliamentary Counsel 151 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.1—Introduction (4) For the purposes of section 27(1) or 28(1) of the Act, if the title area in which the main operation would be carried on overlaps, in whole or in part, with an area in which an operation is being, or could be, carried on under a greenhouse gas injection licence— (a) the Minister may request the injection licensee to give the Minister information in relation to whether there is any potential significant risk that the main operation will have a significant adverse impact on operations under the greenhouse gas injection licence; and (b) the Minister must take any information given by the injection licensee into account when determining the risk question. (5) For the purposes of section 29(1), 30(1) or 31(1) of the Act, if the title area in which the main operation would be carried on overlaps, in whole or in part, with an area in which an operation is being, or could be, carried on under a petroleum production licence— (a) the Minister may request the production licensee to give the Minister information in relation to whether there is any potential significant risk that the main operation will have a significant adverse impact on the operation under the petroleum production licence; and (b) the Minister must take any information given by the production licensee into account when determining the risk question. Authorised by the Chief Parliamentary Counsel 152 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.1—Introduction (6) The Minister may— (a) establish an expert advisory committee under section 767 of the Act for the purpose of advising the Minister about the risk question; or (b) refer a risk question to an expert advisory committee that has already been established. (7) If the Minister is satisfied that he or she has sufficient information to be able to consider the risk question, the Minister must determine whether there is a significant risk of a significant adverse impact— (a) as soon as practicable; and (b) in the manner set out in regulation 158.

  585. 158 — Significant risk of a significant adverse impact

    158 Significant risk of a significant adverse impact— manner of determining risk (1) This regulation— (a) is made for the purposes of sections 27(1), 28(1), 29(1), 30(1) and 31(1) of the Act; and (b) sets out the manner of determining the question (the risk question) described in any of those sections. Note Sections 27(1), 28(1), 29(1), 30(1) and 31(1) of the Act describe different risk questions. Broadly, a risk question is whether there is a significant risk that an operation that could be carried on under a licence described in the section will have a significant adverse impact on other operations described in the subsection. (2) The Minister must determine the risk question by— (a) determining the probability of the occurrence of a particular event that causes an adverse impact; and Authorised by the Chief Parliamentary Counsel 153 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.1—Introduction (b) estimating the cost that would accrue if the event occurred, including (but not limited to) estimating the following— (i) any increase in the capital costs of the relevant petroleum operations or the relevant greenhouse gas operations; (ii) any increase in the operating costs of the relevant petroleum operations or the relevant greenhouse gas operations; (iii) the cost of any reduction in the rate of recovery of the petroleum or the rate of injection of the greenhouse gas substance; (iv) the cost of any reduction in the quantity of the petroleum that will be able to be recovered or the greenhouse gas substance that will be able to be stored; and (c) multiplying the probability by the cost; and (d) if it is necessary to determine the probabilities of more than one event occurring—applying the appropriate statistical techniques to the results obtained under paragraph (c). (3) The economic consequences of an adverse impact (a probability weighted absolute impact) are to be worked out using the formula— event probability × event absolute value Note See subregulation (7). Authorised by the Chief Parliamentary Counsel 154 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.1—Introduction (4) The economic consequences of an adverse impact relative to the potential economic value of operations that are being, or could be, carried on (a probability weighted relative impact) are to be worked out using the formula— event probability × event absolute value total resource value Note See subregulation (7). (5) All costs for a base year that are used, or worked out, under this regulation are to be expressed in real dollars for the base year. Note See subregulation (7). (6) A cost that relates to a year after the base year (a nominal cost) is to be discounted using the formula— nominal cost (1 + long term bond rate + 0 ⋅ 05)impact year − base year Note See subregulation (7). (7) The calculations in this regulation rely on the assumptions in the following table. Table Item Assumption

  586. 1 — The cost of an adverse impact is to be worked out

    1 The cost of an adverse impact is to be worked out on the basis of the cost that would accrue if the event which causes the adverse impact occurs

  587. 2 — An impact year is a financial year in which an

    2 An impact year is a financial year in which an impact occurs, or would occur

  588. 3 — The base year is the financial year in which the

    3 The base year is the financial year in which the calculation is made Authorised by the Chief Parliamentary Counsel 155 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.1—Introduction Item Assumption

  589. 4 — The long-term bond rate is the average, expressed

    4 The long-term bond rate is the average, expressed as a decimal fraction, of the assessed secondary market yields in respect of 10-year non-rebate Treasury bonds for the latest available 12 months at the time the calculation is made, as published by the Reserve Bank of Australia

  590. 5 — The total resource value for the purposes of

    5 The total resource value for the purposes of sections 27 and 28 of the Act is the expected future revenue stream from greenhouse gas injection, taking into account matters including— (a) the amount of greenhouse gas projected to be stored by the operation; and (b) the projected injection profile and projected carbon prices— worked out as the present value of future greenhouse gas substances expected to be produced, and discounted if necessary using the formula in subregulation (6)

  591. 6 — The total resource value for the purposes of

    6 The total resource value for the purposes of sections 29, 30 and 31 of the Act is the expected future revenue stream from a petroleum resource, taking into account— (a) the amount of petroleum projected to be recoverable by the operation; and (b) the projected production profile and projected petroleum prices— worked out as the present value of future petroleum expected to be produced, discounted if necessary using the formula in subregulation (6)

  592. 7 — Prescribed costs for the purposes of sections

    7 Prescribed costs for the purposes of sections 27(5), 28(5), 29(5), 30(5) and 31(5) of the Act include any costs incurred by a party in analysing possible impacts or developing or providing information to inform the application of a test Authorised by the Chief Parliamentary Counsel 156 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.1—Introduction

  593. 159 — Significant risk of a significant adverse impact

    159 Significant risk of a significant adverse impact— threshold amounts (1) This regulation— (a) is made for the purposes of sections 27(6), 28(6), 29(6), 30(6) and 31(6) of the Act; and (b) sets out the amount that is taken to be the probability-weighted impact cost of an operation for the purposes of those sections; and (c) sets out the amount that is taken to be the threshold amount for the purposes of those sections. (2) The probability-weighted impact cost is identified in 2 forms— (a) the cost of the economic consequences of an adverse impact, worked out using the formula in regulation 158(3); and (b) the cost of the economic consequences of an adverse impact relative to the potential economic value of operations that are being, or could be, carried on, worked out using the formula in regulation 158(4). Note To be certain of whether a risk is, or is not, to be treated as a significant risk of the occurrence of a significant adverse impact— (a) the cost of the economic consequences of an adverse impact is used for the purposes of comparison with the first threshold amount; and (b) the cost of the economic consequences of an adverse impact relative to the potential economic value of operations that are being, or could be, carried on, is used for the purposes of comparison with the second threshold amount. Authorised by the Chief Parliamentary Counsel 157 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.1—Introduction If either cost exceeds its relevant threshold, the risk is to be treated as a significant risk of the occurrence of a significant adverse impact. (3) For the purposes of the financial year starting on

  594. 1 — July 2011

    1 July 2011— (a) the first threshold amount is $5 000 000; and (b) the first threshold amount is used for comparison with the cost of the economic consequences of an adverse impact, worked out using the formula in regulation 158(3). (4) For the purposes of the financial year starting on

  595. 1 — July 2011

    1 July 2011— (a) the second threshold amount is to be used if the cost of the economic consequences of an adverse impact, worked out using the formula in regulation 158(3), is— (i) less than the first threshold amount; and (ii) more than $500 000; and (b) the second threshold amount is 0·0015; and (c) the second threshold amount is used for comparison with the cost of the economic consequences of an adverse impact relative to the potential economic value of operations that are being, or could be, carried on, worked out using the formula in regulation 158(4). (5) For the purposes of a base year later than 2011, the first threshold mentioned in subregulation (3)(a) is increased using the formula— amount × (1 + GDP deflator)base year – 2010 where— GDP deflator, for the purposes of the base year, is the Implicit Price Deflator for Expenditure on Gross Domestic Product first published Authorised by the Chief Parliamentary Counsel 158 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.1—Introduction by the Australian Statistician in respect of the base year; base year is the base year in the table of assumptions in regulation 158(7).

  596. 160 — Significant risk of a significant adverse impact

    160 Significant risk of a significant adverse impact— notification that there is a significant adverse impact (1) This regulation is made for the purposes of sections 27(1), 28(1), 29(1), 30(1) and 31(1) of the Act. (2) If the Minister determines under regulation 157 that there is a significant risk of a significant adverse impact, the Minister must— (a) notify, in writing, the person to whose operations the determination relates of the determination and its terms within 15 days after making the determination; and (b) include in the notification the reasons for making the determination; and (c) include in the notification an explanation of the person's responsibilities under the Act. Note Each of sections 27(1), 28(1), 29(1), 30(1) and 31(1) of the Act refers to a different risk question. Broadly, a risk question is whether there is a significant risk that an operation that could be carried on under a particular licence described in the relevant section will have a significant adverse impact on other operations that are described in the section. (3) The Minister must also— (a) notify, in writing, each titleholder that would be affected by the significant risk of the determination and its terms within 15 days after making the determination; and Authorised by the Chief Parliamentary Counsel 159 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.1—Introduction (b) include in the notification the reasons for making the determination. Note The titleholder will be— (a) the holder of a greenhouse gas injection licence (see section 27 or 28 of the Act); or (b) the holder of a petroleum exploration permit, petroleum retention lease or petroleum production licence (see section 29, 30 or 31 of the Act). (4) A titleholder mentioned in subregulation (3)(a) may object to the determination. (5) The titleholder must give the objection to the Minister within 60 days after the person is notified of the determination. (6) The Minister must— (a) notify each titleholder mentioned in subregulation (3)(a) within 10 days after the Minister receives the objection; and (b) give each titleholder a notice setting out a proposed timetable for the consideration of the objection. (7) The timetable is not binding on the Minister. Note While the intention is that the Minister will act in accordance with the timetable, circumstances may require the timetable to be changed to ensure that the objection will be considered fairly.

  597. 161 — Significant risk of a significant adverse impact

    161 Significant risk of a significant adverse impact— notification that there is no significant adverse impact (1) This regulation is made for the purposes of sections 27(1), 28(1), 29(1), 30(1) and 31(1) of the Act. Authorised by the Chief Parliamentary Counsel 160 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.1—Introduction (2) If the Minister determines under regulation 157 that that there is not a significant risk, as described in the sections mentioned in regulation 158(1), the Minister must— (a) notify, in writing, the person to whose operations the determination relates of the determination and its terms within 15 days after making the determination; and (b) include in the notification the reasons for making the determination. Note Each of sections 27(1), 28(1), 29(1), 30(1) and 31(1) of the Act refers to a different risk question. Broadly, a risk question is whether there is a significant risk that an operation that could be carried on under a particular licence described in the relevant section will have a significant adverse impact on other operations that are described in the section. (3) The Minister must also— (a) notify each titleholder that would be affected by the significant risk, in writing, of the determination and its terms within 15 days after making the determination; and (b) include in the notification the reasons for making the determination. Note The titleholder will be— (a) the holder of a greenhouse gas injection licence (see section 27 or 28 of the Act); or (b) the holder of a petroleum exploration permit, petroleum retention lease or petroleum production licence (see section 29, 30 or 31 of the Act). (4) A titleholder mentioned in subregulation (3)(a) may object to the determination. Authorised by the Chief Parliamentary Counsel 161 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.1—Introduction (5) The titleholder must give the objection to the Minister within 60 days after the person is notified of the determination. (6) The Minister must— (a) notify the person mentioned in subregulation (2)(a) within 10 days after the Minister receives the objection; and (b) give the person a notice setting out a proposed timetable for the consideration of the objection. (7) The timetable is not binding on the Minister. Note While the intention is that the Minister will act in accordance with the timetable, circumstances may require the timetable to be changed to ensure that the objection will be considered fairly. Authorised by the Chief Parliamentary Counsel 162 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.2—Declaration of identified greenhouse gas storage formation Part 4.2—Declaration of identified greenhouse gas storage formation

  598. 162 — Application for declaration of identified greenhouse

    162 Application for declaration of identified greenhouse gas storage formation For the purposes of section 315(3)(c) of the Act, Schedule 4 specifies information that must be set out in an application for the declaration of a part of a geological formation as an identified greenhouse gas storage formation.

  599. 163 — Dealing with application for declaration of identified

    163 Dealing with application for declaration of identified greenhouse gas storage formation (1) If the Minister receives an application under section 315 of the Act for the declaration of a part of a geological formation as an identified greenhouse gas storage formation, the Minister must, within 20 days after receiving the application, give the applicant a notice setting out a proposed timetable for the consideration of the application. (2) The timetable is not binding on the Minister. Note While the intention is that the Minister will act in accordance with the timetable, circumstances may require the timetable to be changed to ensure that the application will be considered fairly. (3) If the Minister is not satisfied that that part of the geological formation is suitable for the permanent storage of the greenhouse gas substance, the Minister must, in writing— (a) inform the applicant of each matter for which the Minister is not satisfied; and (b) give the applicant an opportunity to amend the application. Authorised by the Chief Parliamentary Counsel 163 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.2—Declaration of identified greenhouse gas storage formation (4) The Minister may act under subregulation (3) more than once if the Minister— (a) is still not satisfied that that part of the geological formation is suitable for the permanent storage of the greenhouse gas substance; and (b) believes that the applicant is able to amend the application in a way that will satisfy the Minister that that part of the geological formation is suitable. Authorised by the Chief Parliamentary Counsel 164 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.3—Site plans Part 4.3—Site plans

  600. 164 — Object of Part

    164 Object of Part The object of this Part is to ensure that a greenhouse gas injection and storage activity is undertaken in a way which ensures that the storage— (a) is safe and secure; and (b) occurs in accordance with an approved site plan that— (i) describes any current injection and storage operations of the applicant; and (ii) describes any proposed injection and storage operations of the applicant; and (iii) identifies risks associated with the proposed project and demonstrates that these risks have been, or will be, eliminated or reduced to as low as practicable; and (iv) provides for the monitoring of the activity in a way which will identify any new or increased risks in a timely manner; and (v) provides for any necessary risk elimination or control measures to be taken.

  601. 165 — Site plans—obligations

    165 Site plans—obligations (1) For the purposes of section 492(1) of the Act, a Reg. 165(1) amended by greenhouse gas injection licensee must not carry S.R. No. on any operations in relation to an identified 133/2012 reg. 39(1). greenhouse gas storage formation specified in the Authorised by the Chief Parliamentary Counsel 165 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.3—Site plans licence unless an approved site plan is in force in relation to the formation. Penalty: In the case of a body corporate, 500 penalty units; In the case of a natural person, 100 penalty units. Reg. 165(2) (2) For the purposes of section 492(2) of the Act, if an amended by S.R. No. approved site plan is in force in relation to an 133/2012 identified greenhouse gas storage formation reg. 39(2). specified in a greenhouse gas injection licence, the licensee must comply with the approved site plan. Penalty: In the case of a body corporate, 500 penalty units; In the case of a natural person, 100 penalty units. (3) A draft site plan must be submitted for approval by providing 2 hard copies and one electronic copy. (4) A draft site plan must be accompanied by a summary of the plan for use in accordance with regulation 169. (5) If additional information is to be provided with a draft site plan, the information may be provided— (a) as 2 electronic copies; or (b) in another form approved by the Minister. Examples Examples of additional information are details of modelling undertaken, including methodology, types of models and assumptions, any detailed geological, geophysical, geochemical or other geotechnical information. Authorised by the Chief Parliamentary Counsel 166 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.3—Site plans

  602. 166 — Site plans—approval (general)

    166 Site plans—approval (general) (1) For the purposes of section 492(3) of the Act, the Minister must be satisfied that a site plan complies with the requirements in this regulation before the Minister approves the site plan. (2) The site plan must— (a) be appropriate for the nature and scale of the injection and storage operations; and (b) demonstrate— (i) having regard to available data; and (ii) as far as practicable on the basis of current technical knowledge— that the site is safe and secure for the permanent storage of the greenhouse gas substance if the operations in relation to the identified greenhouse gas storage formation are undertaken in accordance with the site plan; and (c) set out an integrated operations management plan showing clear chains of command where appropriate; and (d) demonstrate that— (i) the risks associated with the operations have been identified; and (ii) new risks or increases in the level of existing risks will be identified as they arise; and (e) demonstrate that the risks associated with the operations will be eliminated or reduced to as low as reasonably practicable; and Authorised by the Chief Parliamentary Counsel 167 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.3—Site plans (f) demonstrate that any risk remaining after proposed actions that are designed to remove or eliminate risks will be at an acceptable level; and (g) include an appropriate strategy for the implementation of the plan; and (h) include appropriate arrangements for monitoring, recording and reporting the operation of the plan and compliance with it; and (i) demonstrate that the potential effects on living and non-living resources and other users of the ocean will be as low as practicable, having regard to the existence of any designated agreement mentioned in section 33 of the Act; and Examples Examples of resources and uses are petroleum, groundwater and the fishing industry. (j) demonstrate that there has been an appropriate level of consultation with authorities, persons and organisations for the purpose of preparing the plan; and (k) comply with any other requirements set out in this Chapter. (3) If the Minister is not satisfied that all of the requirements of the Act and this Chapter which must be complied with before the Minister approves a draft site plan have been complied with, the Minister— (a) must, in writing— (i) inform the applicant of each matter for which the Minister is not satisfied; and Authorised by the Chief Parliamentary Counsel 168 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.3—Site plans (ii) give the applicant an opportunity to amend the draft site plan or provide further information; and (b) is not required to act under regulation 170 until the applicant has provided sufficient information; and (c) is not required to make a decision on the draft site plan until the applicant has amended the application or provided sufficient information. (4) The Minister may act under subregulation (3)(a) more than once if the Minister— (a) is still not satisfied that all of the requirements have been complied with; and (b) believes that the applicant is able to— (i) amend the application in a way that will satisfy the Minister that all of the requirements have been complied with; or (ii) provide sufficient information to satisfy the Minister that all of the requirements have been complied with.

  603. 167 — Site plans—approval (Part A of plan)

    167 Site plans—approval (Part A of plan) (1) For the purposes of section 492(3) of the Act, this regulation sets out requirements which must be complied with before the Minister approves a site plan. (2) The site plan must include a part that— (a) is presented as "Part A—Behaviours predicted for the purposes of section 405(1)(e) and (f) of the Act"; and Authorised by the Chief Parliamentary Counsel 169 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.3—Site plans (b) sets out predictions relating to the behaviour of each greenhouse gas substance that is, or is to be, stored in the greenhouse gas storage formation. Notes

  604. 1 — The purpose of Part A is to identify behaviours that

    1 The purpose of Part A is to identify behaviours that will not result in a serious situation set out in section 405(1)(e) and(f) of the Act. If the stored greenhouse gas substance does not behave as predicted in Part A, a serious situation exists and the serious situation powers set out in section 406 of the Act may be exercised by the Minister.

  605. 2 — The predictions mentioned in subregulation (2)(b) must

    2 The predictions mentioned in subregulation (2)(b) must be provided for specific times approved by the Minister. It is intended that these predictions will be required at least— (a) every 5 years during the injection phase of the project or, if more than 50% of the total quantity of the greenhouse gas substance to be injected is expected to occur in a period less than 5 years after injection commences, at a time when approximately 50% of the planned injection has taken place; and (b) the time when injection of the greenhouse gas substance is expected to cease; and (c) 5 years after the time when injection of the greenhouse gas substance ceases. (3) Each prediction must be described by reference to— (a) each applicable migration pathway; and (b) each applicable migration rate; and (c) any other matter relevant to the accuracy of the prediction. Example Example of a matter for paragraph (c) is a geophysical, geochemical or geophysical and geochemical effect on the greenhouse gas storage formation. Authorised by the Chief Parliamentary Counsel 170 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.3—Site plans (4) The Minister must be satisfied that each prediction of a time at which behaviour will occur is soundly based. (5) The Minister must be satisfied that the predictions are of a kind that, if they are accurate, will result in outcomes that— (a) are acceptable to the Minister; or (b) can be made acceptable by the use of the control and remediation strategies set out in Part B of the site plan— assuming that the predicted behaviour, and any related behaviour set out in Part A, occur at the times at which they are predicted to occur.

  606. 168 — Site plans—approval (Part B of plan)

    168 Site plans—approval (Part B of plan) (1) For the purposes of section 492(3) of the Act, this regulation sets out requirements which must be complied with before the Minister approves a site plan. (2) The site plan must include a part that is presented as "Part B". (3) Part B must not be inconsistent with the declaration under section 318 of the Act of the identified greenhouse gas storage formation. Note The declaration includes— (a) an estimate of the spatial extent of the storage formation; and (b) fundamental suitability determinants. (4) Schedule 5 specifies the information that must be set out in Part B. (5) For the purposes of section 501(2) of the Act, the Minister may make publicly available any of the following information held by the State— Authorised by the Chief Parliamentary Counsel 171 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.3—Site plans (a) the results of the monitoring of any leakages of a greenhouse gas substance stored in a part of a geological formation as a result of transportation or an injection activity; and (b) any raw data collected during the monitoring.

  607. 169 — Site plans—summary of draft site plan

    169 Site plans—summary of draft site plan (1) Schedule 6 specifies the information that must be set out in a summary of a draft site plan. Reg. 169(2) (2) Subject to subregulation (3), the Minister must amended by S.R. No. make the summary available on an Internet site 123/2016 maintained by the Department of Economic reg. 33. Development, Jobs, Transport and Resources within 30 days after receiving it. (3) The Minister is not required to make material in the summary available on the Internet site if the material— (a) is commercial in confidence; or (b) discloses intellectual property relating to a proprietary technique or technology. (4) The summary must be available on the Internet site for at least 30 days before the Minister makes a decision whether to approve the draft site plan. (5) In making a decision whether to approve the draft site plan, the Minister must have regard to any comments received about the summary, to the extent to which they are relevant to— (a) the content of the summary; or (b) the requirements which must be complied with before the Minister approves the site plan. Authorised by the Chief Parliamentary Counsel 172 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.3—Site plans

  608. 170 — Site plans—approval

    170 Site plans—approval (1) For the purposes of section 492(3) of the Act, this regulation applies if the Minister receives an application for the grant of a greenhouse gas injection licence, accompanied by a draft site plan and a summary of the draft site plan. (2) The Minister must, not later than 20 days after receiving the application, give the applicant a notice setting out a proposed timetable for the consideration of the draft site plan. (3) The timetable is not binding on the Minister. Note While the intention is that the Minister will act in accordance with the timetable, circumstances may require the timetable to be changed to ensure that the draft site plan will be considered fairly.

  609. 171 — Site plans—duration

    171 Site plans—duration For the purposes of section 492(4) of the Act, if the Minister approves a draft site plan, the approved site plan— (a) comes into force at the time of the approval; and (b) remains in force— (i) if, under this Part, the Minister withdraws approval of the approved site plan—until the withdrawal; or (ii) if the Minister issues a site closing certificate—until the issue of the certificate; or (iii) otherwise—indefinitely. Authorised by the Chief Parliamentary Counsel 173 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.3—Site plans

  610. 172 — Site plans—withdrawal of approval

    172 Site plans—withdrawal of approval (1) For the purposes of section 492(5) of the Act, the Minister may withdraw approval of an approved site plan for any of the following reasons— (a) a declaration under section 318 of the Act has been revoked; (b) the greenhouse injection licensee is acting otherwise than in accordance with the approved site plan; (c) the greenhouse injection licensee has failed to review the approved site plan as required by regulation 173; (d) the greenhouse injection licensee has failed to submit a variation of an approved site plan as required by regulation 174; (e) the greenhouse injection licensee has failed to comply with a direction given by the Minister under the Act. (2) If the Minister proposes to withdraw approval of an approved site plan, the Minister must— (a) notify the greenhouse injection licensee, in writing, of the following matters at least 30 days before the proposed withdrawal would take effect— (i) the terms of the proposed withdrawal; (ii) the reasons for the proposed withdrawal; and (b) include with the notification a statement or summary of the right, under section 765 of the Act, of reconsideration or review of the decision. Authorised by the Chief Parliamentary Counsel 174 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.3—Site plans

  611. 173 — Site plans—review of approved site plan

    173 Site plans—review of approved site plan (1) A greenhouse gas injection licensee must review Reg. 173(1) amended by an approved site plan at least once in every period S.R. No. of 5 years after the approval. 133/2012 reg. 40(1). Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) A greenhouse gas injection licensee must review Reg. 173(2) amended by the part of an approved site plan that deals with S.R. No. site closure 5 years before injection is expected to 133/2012 reg. 40(2). cease. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (3) The Minister may request a greenhouse gas injection licensee to review an approved site plan if— (a) the licensee applies for a variation of the declaration of a part of a geological formation as an identified greenhouse gas storage formation under section 317 of the Act; or (b) the licensee applies for a variation of the greenhouse gas injection licence under section 399 of the Act; or (c) a reportable incident occurs; or (d) the Minister believes that it is necessary to remove any inconsistencies in the approved site plan that may arise as a result of a direction by the Minister under section 401, 406 or 410 of the Act. Authorised by the Chief Parliamentary Counsel 175 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.3—Site plans Reg. 173(4) (4) If the Minister requests a greenhouse gas injection amended by licensee to review an approved site plan, the S.R. No. 133/2012 licensee must review the approved site plan in reg. 40(3). accordance with the request. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (5) A review must include an update of the plume migration modelling, having regard to— (a) experience gained about the modelling; and (b) the conduct of the operations (in particular, the amounts and rates of injection); and (c) the observed behaviour of the plume. (6) A review must include consideration of whether the plan referred to in item 1 of Part 7 or program referred to in item 1 of Part 8 of Schedule 5 needs to be revised, having regard to— (a) the evolution of industry best practice; and (b) the conduct of the operations.

  612. 174 — Site plans—variation of approved site plan

    174 Site plans—variation of approved site plan (1) For the purposes of section 402(3) of the Act, if— (a) a direction under section 401 of the Act is in force in relation to a greenhouse gas injection licence; and (b) apart from section 401(4) of the Act, the direction would be inconsistent with anything in the approved site plan for the Authorised by the Chief Parliamentary Counsel 176 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.3—Site plans identified greenhouse gas storage formation specified in the licence— the licensee must, within 60 days, prepare a draft variation of the approved site plan for the purposes of removing that inconsistency and give the draft variation to the Minister. (2) For the purposes of section 407(3) of the Act, if— (a) a direction under section 406 of the Act is in force in relation to a greenhouse gas injection licence; and (b) apart from section 406(6) of the Act, the direction would be inconsistent with anything in the approved site plan for the identified greenhouse gas storage formation specified in the licence— the licensee must, within 60 days, prepare a draft variation of the approved site plan for the purposes of removing that inconsistency and give the draft variation to the Minister. (3) For the purposes of section 411(3) of the Act, if— (a) a direction under section 410 of the Act is in force in relation to a greenhouse gas injection licence; and (b) apart from section 410(6) of the Act, the direction would be inconsistent with anything in the approved site plan for the identified greenhouse gas storage formation specified in the licence— the licensee must, within 60 days, prepare a draft variation of the approved site plan for the purposes of removing that inconsistency and give the draft variation to the Minister. Authorised by the Chief Parliamentary Counsel 177 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.3—Site plans Reg. 174(4) (4) For the purposes of section 493(1) of the Act, if a amended by circumstance mentioned in the following table S.R. No. 133/2012 occurs, the greenhouse gas injection licensee must reg. 41. submit a variation of an approved site plan to the Minister as soon as practicable after the circumstance occurs. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. Table Item Circumstance

  613. 1 — The technical knowledge that was relied upon to

    1 The technical knowledge that was relied upon to formulate the matters in site plan, including the knowledge for determining— (a) the fundamental suitability determinants; or (b) the plume migration path; or (c) the predictions for the behaviour of the injected greenhouse gas substance; or (d) interactions with the storage formation; or (e) any other matter relevant to the secure storage of the greenhouse gas substance— has become outdated to the extent that the site plan no longer provides the best available analysis of those matters

  614. 2 — The licensee proposes to change the injection and

    2 The licensee proposes to change the injection and storage operations at the site in a way that will affect— (a) the behaviour of the greenhouse gas substance in the storage formation; or (b) the risks associated with the project

  615. 3 — The licensee proposes to make a series of changes

    3 The licensee proposes to make a series of changes to the injection and storage operations at the site that, together, will affect— (a) the behaviour of the greenhouse gas substance in the storage formation; or (b) the risks associated with the project Authorised by the Chief Parliamentary Counsel 178 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.3—Site plans Item Circumstance

  616. 4 — The licensee proposes to make a significant

    4 The licensee proposes to make a significant change to the management system operating at the site, including a change to the command structure

  617. 5 — The licensee identifies any inconsistencies in the

    5 The licensee identifies any inconsistencies in the site plan after the site plan is reviewed under regulation 173 Authorised by the Chief Parliamentary Counsel 179 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.4—General Part 4.4—General Division 1—Incident reporting

  618. 175 — Reportable incidents

    175 Reportable incidents An event mentioned in the following table is a reportable incident if it has the potential to cause a serious situation within the meaning of the Act. Table Item Event

  619. 1 — An event described in Part B of the site plan as a

    1 An event described in Part B of the site plan as a threshold event which will be treated as a reportable incident in relation to the behaviour of the greenhouse gas substance in the storage formation, having regard in particular to the predictions in Part A Note See item 3 of Part 7 of Schedule 5

  620. 2 — A leakage of stored greenhouse gas substance to

    2 A leakage of stored greenhouse gas substance to the seabed

  621. 3 — An event which a titleholder expects to lead to a

    3 An event which a titleholder expects to lead to a leakage of stored greenhouse gas substance to the seabed

  622. 4 — A leak from the bore of a well forming part of the

    4 A leak from the bore of a well forming part of the greenhouse gas injection project

  623. 176 — Notifying reportable incidents

    176 Notifying reportable incidents Reg. 176(1) (1) If a titleholder becomes aware of the occurrence amended by S.R. No. of a reportable incident, the titleholder must notify 133/2012 the Minister of the reportable incident in reg. 42. accordance with this Division. Penalty: In the case of a body corporate, 500 penalty units; In the case of a natural person, 100 penalty units. Authorised by the Chief Parliamentary Counsel 180 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.4—General (2) Subregulation (1) does not apply if the titleholder has a reasonable excuse. (3) The notification of the reportable incident— (a) may be oral or in writing; and (b) must contain— (i) all material facts and circumstances concerning the reportable incident that the operator knows or is able, by reasonable search or enquiry, to find out; and (ii) any action taken to avoid or mitigate any adverse environment impacts of the reportable incident; and (iii) the corrective action that has been taken, or is proposed to be taken, to prevent a similar reportable incident. Note Regulations 178 and 180 set out additional requirements for particular reportable events.

  624. 177 — Written report of reportable incident

    177 Written report of reportable incident (1) If a titleholder becomes aware of the occurrence Reg. 177(1) amended by of a reportable incident, the titleholder must S.R. No. submit a written report of a reportable incident to 133/2012 reg. 43. the Minister in accordance with this Division. Penalty: In the case of a body corporate, 200 penalty units; In the case of a natural person, 40 penalty units. (2) Subregulation (1) does not apply if the titleholder has a reasonable excuse. Authorised by the Chief Parliamentary Counsel 181 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.4—General (3) The report must contain— (a) all material facts and circumstances concerning the reportable incident that the titleholder knows or is able, by reasonable search or enquiry, to find out; and (b) any action taken to avoid or mitigate any adverse environment impacts of the reportable incident; and (c) the corrective action that has been taken, or is proposed to be taken, to prevent a similar reportable incident. Note Regulations 178 and 180 set out additional requirements for particular reportable events.

  625. 178 — Additional requirements—behaviour of greenhouse

    178 Additional requirements—behaviour of greenhouse gas substance in the storage formation (1) If a reportable incident mentioned in item 1 of the table in regulation 175 occurs, the titleholder must notify the Minister about the incident within 3 days after the titleholder becomes aware that it has occurred. (2) The titleholder must give the Minister the report of the incident mentioned in regulation 177 as soon as practicable after the titleholder becomes aware that it has occurred and, in any case, within 10 days after the titleholder becomes aware that it has occurred.

  626. 179 — Additional requirements—leakage of stored

    179 Additional requirements—leakage of stored greenhouse gas substance to the seabed (1) If a reportable incident mentioned in item 2 or 3 of the table in regulation 175 occurs, the titleholder must notify the Minister about the incident within 2 hours after the titleholder becomes aware that it has occurred. Authorised by the Chief Parliamentary Counsel 182 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.4—General (2) The titleholder must give the Minister the report of the incident mentioned in regulation 177 as soon as practicable after the titleholder becomes aware that it has occurred and, in any case, within 3 days after the titleholder becomes aware that it has occurred. (3) In addition to the information mentioned in regulation 177, the report must include the information in the following table. Table Item Information

  627. 1 — An estimate of how much greenhouse gas

    1 An estimate of how much greenhouse gas substance— (a) has leaked to the seabed; or (b) is likely to leak to the seabed— and an explanation of how the estimate was made

  628. 2 — An estimate of how much greenhouse gas

    2 An estimate of how much greenhouse gas substance would leak to the seabed as a result of the leakage or event if action were taken to avoid or mitigate any adverse environment impacts of the leakage or event, and an explanation of how the estimation was made

  629. 3 — An estimate of how much greenhouse gas

    3 An estimate of how much greenhouse gas substance would leak to the seabed as a result of the leakage or event if no action were taken to avoid or mitigate any adverse environment impacts of the leakage or event, and an explanation of how the estimation was made

  630. 180 — Additional requirements—leakage from the bore of

    180 Additional requirements—leakage from the bore of a well (1) If a reportable incident mentioned in item 4 of the table in regulation 175 occurs, the titleholder must notify the Minister about the incident within 24 hours after the titleholder becomes aware that it has occurred. Authorised by the Chief Parliamentary Counsel 183 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.4—General (2) The titleholder must give the Minister the report of the incident mentioned in regulation 177 within 5 days after the titleholder becomes aware that it has occurred.

  631. 181 — When report under this Division not necessary

    181 When report under this Division not necessary If an incident occurs that is— (a) a reportable incident within the meaning of Chapter 2; and (b) a reportable incident within the meaning of this Chapter— and the titleholder is an operator who has given the notifications and reports relating to the incident to the Minister in accordance with Part 2.3, the titleholder is not required to give notifications and reports under this Division in relation to the incident. Division 2—Other matters

  632. 182 — Decommissioning of structures, equipment and

    182 Decommissioning of structures, equipment and other items of property (1) For the purposes of item 21 in Schedule 4 to the Act, this regulation makes provision for the decommissioning of structures, equipment and other items of property. (2) An application for the grant of a greenhouse gas injection licence must be accompanied by a plan (a provisional decommissioning plan) for— (a) decommissioning structures and equipment; and (b) remediation of the site— after the injection of the greenhouse gas substance ceases. Authorised by the Chief Parliamentary Counsel 184 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.4—General (3) The Minister must not approve the application for the grant of the greenhouse gas injection licence unless the Minister is satisfied that the plan mentioned in subregulation (2) is suitable. Note Note to reg. 182(3) The suitability of a site plan is ultimately dependent on the amended by circumstances of the decommissioning. The Department of S.R. No. 123/2016 Economic Development, Jobs, Transport and Resources is reg. 34. able to assist applicants with information about suitable site plans. (4) If the Minister approves the plan mentioned in subregulation (2)— (a) the Minister must notify the applicant, in writing, within 15 days after approving the plan; and (b) advise the applicant of the effect of subregulation (5). (5) A greenhouse gas injection licensee must review a Reg. 182(5) amended by plan approved under subregulation (3)— S.R. No. 133/2012 (a) at least once in every 10 years during the reg. 44(1). injection phase of the project; and (b) at least 5 years before the time when injection of the greenhouse gas substance is expected to cease. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (6) A review must include consideration of whether the plan needs to be varied, having regard to— (a) the evolution of industry best practice; and (b) the conduct of the operations; and Authorised by the Chief Parliamentary Counsel 185 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.4—General (c) whether the site plan has been, or is to be, varied to include significant new structures during the injection phase of the project. Reg. 182(7) (7) A greenhouse gas injection licensee must give the amended by S.R. No. Minister a final plan for— 133/2012 reg. 44(2). (a) decommissioning structures and equipment; and (b) remediation of the site— at least 12 months before the time when injection of the greenhouse gas substance is expected to cease. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. Note The final plan for decommissioning will not cover any monitoring wells that are used for monitoring the behaviour of the greenhouse gas substance in storage formation after the site is closed. (8) The Minister must not approve the grant of the site closing certificate unless the Minister is satisfied that the final plan mentioned in subregulation (7) is suitable.

  633. 183 — Discharge of securities

    183 Discharge of securities (1) For the purposes of section 432 of the Act, this regulation makes provision in relation to the discharge, in whole or in part, by the Minister of securities in force in relation to site closing certificates. (2) For the purposes of section 491 of the Act, this regulation makes provision in relation to the discharge, in whole or in part, by the Minister of securities in force in relation to— Authorised by the Chief Parliamentary Counsel 186 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 4.4—General (a) greenhouse gas assessment permits; or (b) greenhouse gas holding leases; or (c) greenhouse gas injection licences. (3) If the Minister is satisfied that each obligation in respect of which the security was lodged has been met, the Minister must discharge the security to the titleholder. (4) If the security is used by the Minister to address a situation for which the security was lodged, the Minister must discharge the amount of the security to the titleholder, reduced by the amount that was used by the Minister.

  634. 184 — Estimate of total costs and expenses of carrying out

    184 Estimate of total costs and expenses of carrying out program of operations For the purposes of section 426(5)(a) of the Act, the annual rate at which costs and expenses will increase under the assumption mentioned in section 426(5)(a) is the annual rate of the average, expressed as a decimal fraction, of the assessed secondary market yields in respect of 10-year non-rebate Treasury bonds for the latest available 12 months at the time the calculation is made, as published by the Reserve Bank of Australia. Authorised by the Chief Parliamentary Counsel 187 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.1—Preliminary Chapter 5—Resource management and administration Part 5.1—Preliminary

  635. 185 — Objects of this Chapter

    185 Objects of this Chapter (1) An object of this Chapter is to ensure that operations in the offshore area are— (a) carried out in accordance with good oilfield practice; and (b) compatible with the optimum long-term recovery of petroleum. (2) An object of this Chapter is to ensure that the Minister is informed, in a timely and consistent manner, of— (a) exploration for petroleum and greenhouse gas storage formations; and (b) the discovery of petroleum and potential storage formations; and (c) the appraisal of discoveries; and (d) development and production operations in relation to petroleum, and injection operations in relation to greenhouse gas substances; and (e) the results of operations. (3) The other objects of this Chapter are— (a) to provide a framework for encouraging the adequate collection, retention and timely dissemination of petroleum and greenhouse gas data; and (b) to assist in ensuring the adequacy of the data acquired; and Authorised by the Chief Parliamentary Counsel 188 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.1—Preliminary (c) to allow for the efficient management of data confidentiality and the disclosure of data on completion of the relevant confidentiality periods.

  636. 186 — Definitions

    186 Definitions In this Chapter— accepted field development plan means a field development plan that has been accepted by the Minister under regulation 207 and, if varied under regulation 212, as varied from time to time; accepted well operations management plan means a well operations management plan that has been accepted by the Minister under regulation 228 and, if varied under regulation 234, as varied from time to time; end of the operation means— (a) in relation to a regulated operation related to the drilling of a well— the date on which the rig is released; and (b) in relation to a regulated operation conducted on a well after the well is completed—the date on which the operation ceased; and (c) in relation to a survey—the date on which the acquisition of the data is completed; excluded information has the meaning given by regulation 187; greenhouse gas title means— (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease; or Authorised by the Chief Parliamentary Counsel 189 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.1—Preliminary (c) a greenhouse gas injection licence; or (d) a greenhouse gas search authority; or (e) a greenhouse gas special authority; or (f) a greenhouse gas research consent; greenhouse gas titleholder means— (a) a greenhouse gas assessment permittee; or (b) a greenhouse gas holding lessee; or (c) a greenhouse gas injection licensee; or (d) a registered holder of a greenhouse gas search authority; or (e) a registered holder of a greenhouse gas special authority; or (f) a holder of a greenhouse gas research consent; named month means one of the 12 months of the calendar year; non-exclusive data means data that is made available for commercial sale or license; open information about a survey means any of the following information— (a) the name of the survey; (b) the title under which the survey is being conducted; (c) the name of the titleholder; (d) the basin, and sub-basin if applicable, in which the survey is being conducted; (e) the type of survey; Authorised by the Chief Parliamentary Counsel 190 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.1—Preliminary (f) the size of the survey— (i) in relation to a 2-dimensional survey—in kilometres; or (ii) in relation to a 3-dimensional survey—in square kilometres; (g) the name of the vessel or aircraft conducting the survey; (h) the name of the contractor conducting the survey; (i) the dates on which te survey starts and ends or is proposed to start and end; (j) whether the survey is exclusive or non- exclusive; (k) navigation data for the survey, in the form of— (i) in the case of a 2-dimensional survey—line ends and bends; or (ii) in the case of a 3-dimensional seismic survey—a full fold polygon outline; or (iii) in the case of other 3-dimensional surveys—a polygon outline; open information about a well means any of the following information— (a) the name of the well; (b) the basin, and sub-basin if applicable, in which the well is located; (c) the well's latitude and longitude; (d) the name of the title area in which the well is located; (e) the name of the titleholder; Authorised by the Chief Parliamentary Counsel 191 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.1—Preliminary (f) the purpose of the well (for example, development, appraisal, exploration or stratigraphy); (g) if the well is a sidetrack—the name of the parent well; (h) the well's spud date; (i) the water depth at the well; (j) what is being used as the depth reference for the well (for example, the Kelly bushing or the rig floor); (k) the height of the depth reference above sea level; (l) the name of the rig drilling the well; (m) the rig's make and model; (n) the name of the rig contractor; (o) the rig release date; (p) the status of the well (for example, producing, suspended or abandoned); petroleum title means— (a) a petroleum exploration permit; or (b) a petroleum retention lease; or (c) a petroleum production licence; or (d) a petroleum special prospecting authority; or (e) a petroleum access authority; or (f) a scientific investigation consent; petroleum titleholder means— (a) a petroleum exploration permittee; or (b) a petroleum retention lessee; or (c) a petroleum production licensee; or Authorised by the Chief Parliamentary Counsel 192 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.1—Preliminary (d) the registered holder of a petroleum special prospecting authority; or (e) the registered holder of a petroleum access authority; or (f) the holder of a scientific investigation consent; seismic extracted data grid means a series of vertical cross-sections extracted from a 3-dimensional seismic data volume that form a grid of which— (a) one direction is along the direction of seismic data acquisition; and (b) the other direction is at right angles to the direction of seismic data acquisition; and (c) the vertical cross-sections are spaced 5 kilometres apart in both directions; title means— (a) a greenhouse gas title; or (b) an infrastructure licence; or (c) a pipeline licence; or (d) a petroleum title; title area means— (a) in relation to a petroleum exploration permit or greenhouse gas assessment permit—the permit area; and (b) in relation to a petroleum retention lease or greenhouse gas holding lease— the lease area; and Authorised by the Chief Parliamentary Counsel 193 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.1—Preliminary (c) in relation to a petroleum production licence, infrastructure licence, or greenhouse gas injection licence— the licence area; and (d) in relation to a petroleum special prospecting authority, petroleum access authority, greenhouse gas search authority or greenhouse gas special authority—the authority area; and (e) in relation to a scientific investigation consent or greenhouse gas research consent—the area specified in the consent; titleholder means— (a) a greenhouse gas titleholder; or (b) an infrastructure licensee; or (c) a pipeline licensee; or (d) a petroleum titleholder.

  637. 187 — Meaning of excluded information

    187 Meaning of excluded information (1) For the purposes of this Chapter, excluded information is information about the following— (a) the technical qualifications of a titleholder or an applicant for a title; (b) the technical advice available to a titleholder or an applicant for a title; (c) the financial resources available to a titleholder or an applicant for a title. (2) In addition, information contained in the following documents is excluded information— (a) an application for a petroleum exploration permit under section 86, 93 or 98 of the Act; Authorised by the Chief Parliamentary Counsel 194 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.1—Preliminary (b) an application for renewal of a petroleum exploration permit under section 102 of the Act; (c) an application for a petroleum retention lease under section 130 or 136 of the Act; (d) an application for renewal of a petroleum retention lease under section 142 of the Act; (e) the results of a re-evaluation of the commercial viability of petroleum production in a lease area under section 120 of the Act; (f) an application for a petroleum production licence under section 164, 166 or 173 of the Act; (g) an application for a greenhouse gas assessment permit under section 297 or 306 of the Act; (h) an application for renewal of a greenhouse gas assessment permit under section 311 of the Act; (i) an application for a greenhouse gas holding lease under section 334, 342, 349 or 357 of the Act; (j) an application for renewal of a greenhouse gas holding lease under section 362 of the Act; (k) an application for a greenhouse gas injection licence under section 379 or 392 of the Act; (l) a report given under Part 5.2 or Part 5.3; (m) a field development plan submitted under regulation 206; (n) a variation of a field development plan submitted under regulation 210. Authorised by the Chief Parliamentary Counsel 195 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.1—Preliminary (3) For the purposes of subregulation (2), it does not matter whether a document was prepared or submitted before or after the commencement of this Chapter. (4) However, subregulation (2) does not apply to information that is also contained in a document not listed in subregulation (2) that is given to the Minister. Authorised by the Chief Parliamentary Counsel 196 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.2—Notification and reporting of discovery of petroleum Part 5.2—Notification and reporting of discovery of petroleum Division 1—Petroleum titleholders

  638. 188 — Application

    188 Application This Division applies to a petroleum exploration permittee or petroleum retention lessee who is required, under section 279 of the Act, to notify the Minister of a discovery of petroleum. Note Section 279 of the Act applies if petroleum is discovered in a petroleum exploration permit area or a petroleum retention lease area.

  639. 189 — Requirement to provide information with

    189 Requirement to provide information with notification of discovery of petroleum A petroleum titleholder to whom this Division applies must provide the following information when notifying the Minister— (a) the title in which the discovery was made; (b) the name of the well through which the discovery was made; (c) the blocks in which the discovery is situated; (d) if the rate or quantity of production of petroleum and water from the discovery well has been determined—the rate or quantity; (e) the physical and chemical properties of the petroleum from the discovery well; (f) if the physical properties of the pool from which the petroleum is recovered have been determined—the properties; (g) if one or more preliminary estimates of the quantities of petroleum in place have been made—each estimate. Authorised by the Chief Parliamentary Counsel 197 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.2—Notification and reporting of discovery of petroleum

  640. 190 — Minister may request information to be included in

    190 Minister may request information to be included in discovery assessment report (1) The Minister may, within 7 days after the Minister is notified by a petroleum titleholder of a discovery of petroleum under section 279 of the Act, ask the titleholder in writing to include additional information about the discovery in the titleholder's discovery assessment report under regulation 191. Note Section 279 of the Act requires notification of a discovery within 3 days. Regulation 191 requires a further report about the discovery within 90 days after completion of the discovery well. (2) The request must specify the information sought and the reasons for the request. (3) After receiving the request, the titleholder may give the Minister a written statement that— (a) the information is not within the titleholder's knowledge; or (b) the titleholder is unable to obtain the information. (4) If the Minister is satisfied (whether or not because of a statement under subregulation (3)) that the titleholder cannot comply with the request because— (a) the information is not within the titleholder's knowledge; or (b) the titleholder is unable to obtain the information— the Minister must, as soon as practicable, give the titleholder a notice in writing withdrawing the request. Authorised by the Chief Parliamentary Counsel 198 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.2—Notification and reporting of discovery of petroleum

  641. 191 — Requirement to provide discovery assessment report

    191 Requirement to provide discovery assessment report (1) A petroleum titleholder who has notified the Reg. 191(1) amended by Minister of a discovery of petroleum in S.R. No. accordance with section 279 of the Act must give 133/2012 reg. 45. the Minister a discovery assessment report for the title area within— (a) 90 days after completion of the well that resulted in the discovery; or (b) if the Minister authorises the titleholder to give the report within another period— the other period. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. (2) In this regulation— discovery assessment report means a report that includes the following information— (a) the title in relation to which the discovery was made; (b) a preliminary estimate of the location and areal extent of the petroleum pool; (c) details of the geological structure in which the petroleum is located; (d) the results of all assessments of the discovery; (e) a preliminary estimate of the quantity of petroleum in the petroleum pool; (f) the data used to estimate the quantity of petroleum in the petroleum pool; (g) a preliminary estimate of the quantity of recoverable petroleum in the petroleum pool; Authorised by the Chief Parliamentary Counsel 199 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.2—Notification and reporting of discovery of petroleum (h) details of the petroleum titleholder's plans for further evaluation of the discovery, including the work that the titleholder proposes to carry out in the title area in the next 12 months from the date of the report; (i) if the Minister has issued a notice to the petroleum titleholder under regulation 190(4) and the notice has not been withdrawn—the information specified in the notice. Division 2—Greenhouse gas titleholders

  642. 192 — Application

    192 Application This Division applies to a greenhouse gas assessment permittee, greenhouse gas holding lessee or greenhouse gas injection licensee who is required, under section 487 of the Act, to notify the Minister of a discovery of petroleum. Note Section 487 of the Act applies if petroleum is discovered in a greenhouse gas assessment permit area, a greenhouse gas holding lease area or a greenhouse gas injection licence area.

  643. 193 — Requirement to provide petroleum discovery report

    193 Requirement to provide petroleum discovery report Reg. 193(1) (1) A greenhouse gas titleholder who has notified the amended by S.R. No. Minister of a discovery of petroleum in 133/2012 accordance with section 487 of the Act must give reg. 46. the Minister, within 60 days after completion of the well that resulted in the discovery, a report that includes the information mentioned in subregulation (2). Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. Authorised by the Chief Parliamentary Counsel 200 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.2—Notification and reporting of discovery of petroleum (2) For the purposes of subregulation (1), the information which the report must include is— (a) the location of the petroleum discovery in the title area; and (b) if any production tests have been conducted on the discovered petroleum—the results of the tests. Authorised by the Chief Parliamentary Counsel 201 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.3—Title assessment reports Part 5.3—Title assessment reports

  644. 194 — Application

    194 Application This Part applies to the following titleholders— (a) a petroleum exploration permittee; (b) a petroleum retention lessee; (c) a petroleum production licensee; (d) a greenhouse gas assessment permittee; (e) a greenhouse gas holding lessee.

  645. 195 — Requirement to provide annual title assessment

    195 Requirement to provide annual title assessment report Reg. 195(1) (1) A titleholder must give an annual title assessment amended by S.R. No. report, providing the required information for a 133/2012 year of the term of the title, to the Minister reg. 47. within— (a) 30 days after the day on which the year of the term ends; or (b) if the Minister authorises the titleholder to give the report within another period— the other period. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. Note See sections 9 and 10 of the Act for what "year of the term" means. A year of the term of a title commences on the day on which the title comes into force or on any anniversary of that day. Authorised by the Chief Parliamentary Counsel 202 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.3—Title assessment reports (2) For the purposes of subregulation (1), the required information is— (a) from a petroleum exploration permittee—the information mentioned in regulation 198(1); or (b) from a petroleum retention lessee—the information mentioned in regulation 199(1); or (c) from a petroleum production licensee—the information mentioned in regulation 200(1); or (d) from a greenhouse gas assessment permittee—the information mentioned in regulation 201(1); or (e) from a greenhouse gas holding lessee—the information mentioned in regulation 202(1).

  646. 196 — Reports may be combined with permission

    196 Reports may be combined with permission A titleholder with more than one title may combine the annual title assessment reports into a single document with the written agreement of the Minister.

  647. 197 — Title assessment report for part of a year

    197 Title assessment report for part of a year (1) This regulation applies if— (a) a title ceases to be in force (whether because the title has expired or because the title has been surrendered, cancelled, revoked or terminated); and (b) the term of the title was not a whole number of years. Note This regulation may apply when a title has been renewed. The renewal of a title is taken to be the grant of a new title on the day after the expiry of the previous title—see sections 11 and 12 of the Act. Authorised by the Chief Parliamentary Counsel 203 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.3—Title assessment reports (2) The Minister may, by notice in writing, require the titleholder to give a title assessment report to the Minister for the period at the end of the term that was not a year of the term. (3) The notice must specify— (a) the information that must be provided in the report, being only information that would be required from the titleholder in an annual title assessment report under regulation 195; and (b) the date by which the report must be given, being a date at least 30 days after the day on which the notice is given. Reg. 197(4) (4) A titleholder must comply with a notice given by amended by S.R. No. the Minister under subregulation (2). 133/2012 reg. 48. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units.

  648. 198 — Information to be provided in annual title

    198 Information to be provided in annual title assessment report—petroleum exploration permit (1) For the purposes of regulation 195, the required information from a petroleum exploration permittee is— (a) a description of work and expenditure commitments as detailed in the permit; and (b) in relation to all work, evaluations and studies carried out in relation to the permit— (i) the total expenditure of the work, evaluation and studies; and (ii) the results of the work, evaluation and studies, including details about any leads and prospects discovered; and Authorised by the Chief Parliamentary Counsel 204 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.3—Title assessment reports (c) a list of the reports submitted to the Minister in accordance with this Chapter during the year; and (d) in relation to the work, evaluations and studies expected to be carried out in relation to the permit during the next year of the permit— (i) a description of work commitments and expenditure estimates; and (ii) a description of the measures taken by the permittee to prepare for the work mentioned in subparagraph (i); and (e) any other information that is required to be included in the annual title assessment report by a condition of the permit. (2) An annual title assessment report may include any other information that the permittee believes is relevant to the petroleum exploration permit.

  649. 199 — Information to be provided in annual title

    199 Information to be provided in annual title assessment report—petroleum retention lease (1) For the purposes of regulation 195, the required information from a petroleum retention lessee is— (a) a description of work and expenditure commitments as detailed in the lease; and (b) in relation to all work, evaluations and studies carried out in relation to the lease— (i) the total expenditure of the work, evaluation and studies; and (ii) the results of the work, evaluation and studies, including details about any leads and prospects discovered; and (c) a list of the reports submitted to the Minister in accordance with this Chapter during the year; and Authorised by the Chief Parliamentary Counsel 205 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.3—Title assessment reports (d) details of the lessee's plans for further evaluation of discoveries, including work that is to be carried out in the lease area; and (e) in relation to the work, evaluations and studies expected to be carried out in relation to the lease during the next year of the lease— (i) a description of work commitments and expenditure estimates; and (ii) a description of the measures taken by the lessee to prepare for the work mentioned in subparagraph (i); and (f) in the case of a report for a year after the first year of the lease—the following information about each petroleum pool situated in the lease area— (i) a description of the pool; (ii) any new information relating to the evaluation of the pool; (iii) an estimate of the quantity of petroleum in the pool at the end of the previous year; (iv) an estimate of recoverable petroleum in the pool at the end of the previous year; (v) any new or revised data upon which the estimates in subparagraphs (iii) and (iv) are based, including a report of any study carried out that has resulted in a revised estimate; (vi) a table summarising the resource and reserve quantities mentioned in subparagraphs (iii) and (iv); and Authorised by the Chief Parliamentary Counsel 206 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.3—Title assessment reports (g) any other information that is required to be included in the annual title assessment report by a condition of the lease. (2) An annual title assessment report may include any other information that the lessee believes is relevant to the petroleum retention lease.

  650. 200 — Information to be provided in annual title

    200 Information to be provided in annual title assessment report—petroleum production licence (1) For the purposes of regulation 195, the required information from a petroleum production licensee is— (a) details of any activities the licensee plans to undertake in the licence area in compliance with a condition of the licence; and (b) a list of the reports submitted to the Minister in accordance with this Chapter during the year; and (c) details of the licensee's plans for further evaluation of the licence area, including work that is to be carried out in the licence area and is not covered by paragraph (a); and (d) a production forecast for each producing or potential development project; and (e) a description of any leads and prospects in the licence area; and (f) in the case of a report for a year after the first year of the licence—the following information about each petroleum pool situated in the licence— (i) a description of the pool; (ii) any new information relating to the evaluation of the pool; Authorised by the Chief Parliamentary Counsel 207 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.3—Title assessment reports (iii) an estimate of the quantity of petroleum in the pool at the end of the previous year; (iv) an estimate of recoverable petroleum in the pool at the end of the previous year; (v) any new or revised data upon which the estimates in subparagraphs (iii) and (iv) are based, including a report of any study carried out that has resulted in a revised estimate; (vi) a table summarising the resource and reserve quantities mentioned in subparagraphs (iii) and (iv); and (g) the total amount of petroleum produced during the year; and (h) the amount of each substance injected into a reservoir during the year; and (i) the amount of each substance flared or vented during the year; and (j) any other information that is required to be included in accordance with a condition of the petroleum production licence. (2) An annual title assessment report may include any other information that the licensee believes is relevant to the petroleum production licence.

  651. 201 — Information to be provided in annual title

    201 Information to be provided in annual title assessment report—greenhouse gas assessment permit (1) For the purposes of regulation 195, the required information from a greenhouse gas assessment permittee is— (a) a description of work and expenditure commitments as detailed in the permit; and Authorised by the Chief Parliamentary Counsel 208 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.3—Title assessment reports (b) in relation to all work, evaluations and studies carried out in relation to the permit— (i) the total expenditure of the work, evaluation and studies; and (ii) the results of the work, evaluation and studies, including details about any leads and prospects discovered; and (c) a list of the reports submitted to the Minister in accordance with this Chapter during the year; and (d) in relation to the work, evaluations and studies expected to be carried out in relation to the permit during the next year of the permit— (i) a description of work commitments and expenditure estimates; and (ii) a description of the measures taken by the permittee to prepare for the work mentioned in subparagraph (i); and (e) any other information that is required to be included in the annual title assessment report by a condition of the permit. (2) An annual title assessment report may include any other information that the permittee believes is relevant to the greenhouse gas assessment permit.

  652. 202 — Information to be provided in annual title

    202 Information to be provided in annual title assessment report—greenhouse gas holding lease (1) For the purposes of regulation 195, the required information from a greenhouse gas holding lessee is— (a) a description of work and expenditure commitments as detailed in the lease; and Authorised by the Chief Parliamentary Counsel 209 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.3—Title assessment reports (b) in relation to all work, evaluations and studies carried out in relation to the lease— (i) the total expenditure of the work, evaluation and studies; and (ii) the results of the work, evaluation and studies; and (c) a list of the reports submitted to the Minister in accordance with this Chapter during the year; and (d) details of the lessee's plans for further evaluation work, including work that is to be carried out in the lease area; and (e) in relation to the work, evaluations and studies expected to be carried out in relation to the lease during the next year of the lease— (i) a description of work commitments and expenditure estimates; and (ii) a description of the measures taken by the lessee to prepare for the work mentioned in subparagraph (i); and (f) any other information that is required to be included in the annual title assessment report by a condition of the lease. (2) An annual title assessment report may include any other information that the lessee believes is relevant to the greenhouse gas holding lease. Authorised by the Chief Parliamentary Counsel 210 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery Part 5.4—Field development plans and approvals of petroleum recovery Division 1—Preliminary

  653. 203 — Definitions

    203 Definitions In this Part— field, in relation to a field development plan, means an area within the licence area that is subject to the plan; licence area, in relation to an applicant for a petroleum production licence, means the area constituted by the block or blocks that will be the subject of the petroleum production licence if the licence is granted; major change, in relation to the recovery of petroleum from a field, includes the following— (a) the petroleum production licensee changes the development strategy or management strategy of a field or a petroleum pool; (b) the petroleum production licensee changes the plan for the development of additional pools in the field; (c) the petroleum production licensee ceases production, permanently or for the long term, before the date proposed in the field development plan; (d) the petroleum production licensee introduces new methods for the petroleum recovery, such as enhanced recovery and injection of fluids; Authorised by the Chief Parliamentary Counsel 211 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery significant event includes the following— (a) a change in the understanding of the characteristics of the geology or reservoir that may have a significant impact on the optimum recovery of petroleum; (b) a new or increased risk to the recovery of petroleum within the licence area; (c) a new or increased risk to the recovery of petroleum outside the licence area caused by the development of pools in the licence area; (d) a new or increased risk of activities in the licence area causing effects outside the licence area (for example aquifer depletion caused by hydrocarbon extraction); (e) change to the proposed option for development of pools in the licence area, including any tie-in opportunity with nearby licence areas. Division 2—Field development plan requirements for petroleum production licensees Reg. 204 204 Requirement to have an accepted field development amended by plan S.R. No. 133/2012 A petroleum production licensee must not reg. 49. undertake the recovery of petroleum from a petroleum pool in the licence area unless— (a) the recovery is on an appraisal basis; and Authorised by the Chief Parliamentary Counsel 212 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery (b) at the time of the recovery of the petroleum, the licensee has— (i) an accepted field development plan in force for a field that includes the petroleum pool; or (ii) an approval, under regulation 217, to undertake the recovery of petroleum without an accepted field development plan; or (iii) an exemption under the transitional provisions of regulation 218. Penalty: In the case of a body corporate, 400 penalty units; In the case of a natural person, 80 penalty units. Notes

  654. 1 — The Act also requires a licensee to undertake the recovery

    1 The Act also requires a licensee to undertake the recovery operation in accordance with good oilfield practice— see section 616.

  655. 2 — This offence applies to a petroleum production licensee

    2 This offence applies to a petroleum production licensee. Recovery of petroleum in the offshore area without a petroleum production licence or other authorisation under the Act is an offence under section 149 of the Act.

  656. 205 — Requirement to undertake activities in accordance Reg. 205

    205 Requirement to undertake activities in accordance Reg. 205 amended by with accepted field development plan S.R. No. 133/2012 A petroleum production licensee must not reg. 50. undertake an activity in a field in the licence area that is not consistent with the accepted field development plan in force for that field. Penalty: In the case of a body corporate, 400 penalty units; In the case of a natural person, 80 penalty units. Authorised by the Chief Parliamentary Counsel 213 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery Division 3—Obtaining acceptance of field development plan

  657. 206 — Application for acceptance of field development

    206 Application for acceptance of field development plan (1) A person who is a petroleum production licensee or an applicant for a petroleum production licence may apply to the Minister to accept a field development plan. (2) The application must be accompanied by the field development plan.

  658. 207 — Minister's decision on field development plan

    207 Minister's decision on field development plan (1) After receiving the field development plan, the Minister must— (a) accept the plan; or (b) reject the plan; or (c) notify the person in writing that the Minister is unable to make a decision without further assessment of the plan. (2) If the Minister issues a notice under subregulation (1)(c), the Minister must specify for inclusion in the notice— (a) any further information the Minister requires to be included in the field development plan; and (b) the date after which the Minister will commence further assessment of the plan. (3) The date specified under subregulation (2)(b) must give the person a reasonable opportunity to modify or resubmit the plan. (4) If the Minister undertakes further assessment of a field development plan, the Minister must accept or reject the field development plan as soon as practicable. Authorised by the Chief Parliamentary Counsel 214 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery (5) The Minister may accept the field development plan subject to conditions. (6) The Minister must notify the person in writing of the following matters as soon as practicable after the Minister has made a decision to accept or reject the field development plan— (a) the terms of the decision; (b) if the Minister rejects the plan—the reasons for the decision; (c) if the Minister accepts the plan—the date on which the plan commences; (d) if the Minister accepts the plan subject to a condition—the condition and the reason for making the acceptance subject to a condition. (7) If the Minister accepts the field development plan, the plan commences on the date notified under subregulation (6)(c).

  659. 208 — Criteria for acceptance of field development plan

    208 Criteria for acceptance of field development plan (1) The Minister must accept a field development plan under regulation 207(1)(a) or (4) if the Minister is satisfied that— (a) the plan includes the matters mentioned in regulation 209(1); and (b) the plan demonstrates that the person will conduct pool management in the field in a manner that is— (i) consistent with good oilfield practice; and (ii) compatible with optimum long-term recovery of the petroleum. (2) The Minister must not accept a field development plan if the Minister is not satisfied that the plan meets the requirements of subregulation (1). Authorised by the Chief Parliamentary Counsel 215 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery

  660. 209 — Contents of field development plan

    209 Contents of field development plan (1) For the purposes of regulation 208(1)(a), the matters are— (a) evidence and data showing that the field contains petroleum, including details of the structure, extent and location of discovered petroleum pools; and (b) estimates of the volume of petroleum in place and recoverable petroleum, including data supporting the estimates; and (c) a description of— (i) the possible petroleum pools in the field; and (ii) the person's plans (if any) to explore for petroleum pools; and (iii) how any petroleum pools of commercial quantity can be incorporated into the development of the licence area; and (d) a description of— (i) an appropriate strategy for the development of the field, management of the petroleum pool and optimum long-term recovery; and (ii) any proposed and alternative development scenarios; and (e) a description of how the person intends to extract the petroleum over time, including the following information— (i) the estimated positions of wells; (ii) the potential timing of workovers; (iii) possible tie-ins; and Authorised by the Chief Parliamentary Counsel 216 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery (f) the project schedule, including an estimated development timetable of production facilities such as wells, platforms and petroleum pipelines; and (g) the person's operations or proposals for— (i) the enhanced recovery or recycling of petroleum; and (ii) the processing, storage or disposal of petroleum; and (iii) the injection of petroleum or water into an underground formation; and (h) arrangements for— (i) monitoring, recording in writing and reporting on the person's conduct of pool management; and (ii) keeping records and other documents about the person's conduct of pool management; and (i) details of— (i) the surface connections and equipment used by the person; and (ii) any production by a well that is from more than one petroleum pool; and (iii) any production from a petroleum pool that is through more than one well; and (j) the arrangements (if any) for the transport, injection and storage of greenhouse gas substances that have been obtained from a third party or other external source; and Authorised by the Chief Parliamentary Counsel 217 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery (k) arrangements for the maintenance of an accurate quantitative record of events, measurements and actions to which the plan relates. (2) A field development plan may include any other information that the person believes is relevant. Division 4—Variation of field development plan

  661. 210 — Requirement to apply for variation of field

    210 Requirement to apply for variation of field development plan (1) A petroleum production licensee must apply to the Minister to accept a variation of a field development plan if— (a) the licensee intends to make a major change in relation to the recovery of petroleum from the field; or (b) there is a new licensee for the licence, unless the new licensee agrees in writing to continue operations in accordance with the current accepted field development plan; or (c) the Minister has requested the licensee, under regulation 213, to vary the accepted field development plan. (2) The application must be accompanied by the proposed variation. Reg. 211 211 Application must be made at least 90 days before amended by S.R. No. major change 133/2012 reg. 51. A petroleum production licensee who— (a) undertakes the recovery of petroleum from a petroleum pool in the licence area; and Authorised by the Chief Parliamentary Counsel 218 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery (b) at the time of the recovery of the petroleum, has an accepted field development plan for a field that includes the petroleum pool— must not make a major change in relation to the recovery of petroleum from the field unless, at least 90 days before the occurrence of the major change, the licensee has applied for a variation of the accepted field development plan. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units.

  662. 212 — Minister's decision on variation of field development

    212 Minister's decision on variation of field development plan (1) As soon as practicable after a petroleum production licensee gives a variation of a field development plan to the Minister under regulation 210, the Minister must— (a) if the varied field development plan would meet the requirements of regulation 208(1)— accept the variation; or (b) if the varied field development plan would not meet the requirements of regulation 208(1)—reject the variation; or (c) notify the licensee, in writing, that the Minister is unable to make a decision without further assessment of the variation. (2) If the Minister issues a notice under subregulation (1)(c), the Minister must specify for inclusion in the notice— (a) any further information the Minister requires to be included in the variation; and (b) the date after which the Minister will commence further assessment of the plan. Authorised by the Chief Parliamentary Counsel 219 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery (3) The date specified under subregulation (2)(b) must give the licensee a reasonable opportunity to modify or resubmit the plan. (4) If the Minister undertakes further assessment of a variation, the Minister must accept or reject the variation as soon as practicable. (5) The Minister may accept a variation of a field development plan subject to conditions. (6) The Minister must notify the licensee in writing of the following matters as soon as practicable after the Minister has made a decision to accept or reject a variation of a field development plan— (a) the terms of the decision; (b) if the Minister rejects the variation— the reasons for the decision; (c) if the Minister accepts the variation— the date on which the variation commences; (d) if the Minister accepts the variation subject to a condition—the condition and the reason for making the acceptance subject to a condition. (7) If the Minister accepts a variation of a field development plan, the plan as varied replaces the existing field development plan as the plan in force for the field on the date notified under subregulation (6)(c).

  663. 213 — Variation required by Minister

    213 Variation required by Minister The Minister may give a petroleum production licensee a notice in writing— (a) advising the licensee that the Minister requires the licensee to vary a field development plan as set out in the notice; and Authorised by the Chief Parliamentary Counsel 220 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery (b) setting out the technical grounds for requiring the variation; and (c) identifying the proposed date of effect of the variation; and (d) identifying the proposed date by which the licensee must submit a variation of the plan to the Minister; and (e) advising the licensee of the effect of regulation 214.

  664. 214 — Objection to requirement to vary field development

    214 Objection to requirement to vary field development plan (1) If the Minister gives a petroleum production licensee a notice under regulation 213, the licensee may give an objection, in writing, to the Minister— (a) stating one or more of the following— (i) that the variation should not occur; (ii) that the variation should be in terms different from the proposed terms; (iii) that the varied field development plan should take effect on a date later than the proposed date; (iv) that the date by which the licensee must submit a variation of the plan should be later than the proposed date; and (b) giving reasons for the objection. (2) The licensee must make the objection within— (a) 21 days after receiving the notice; or (b) if the Minister, in writing, allows a longer period—that period. Authorised by the Chief Parliamentary Counsel 221 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery

  665. 215 — Decision on objection

    215 Decision on objection (1) As soon as practicable after a petroleum production licensee gives an objection to the Minister under regulation 214, the Minister must decide whether to accept or reject the objection. (2) The Minister must notify the licensee, in writing, of the following matters as soon as practicable after the Minister has made a decision— (a) the terms of the decision, including— (i) whether the original notice given under regulation 213 is varied or withdrawn; and (ii) if the original notice is varied—the new requirements; (b) if the decision is to reject the objection— the reasons for the decision. Division 5—Recovery of petroleum before field development plan is accepted

  666. 216 — Application for approval to undertake the recovery

    216 Application for approval to undertake the recovery of petroleum without accepted field development plan (1) A petroleum production licensee may apply, in writing, to the Minister for permission to undertake the recovery of petroleum from a petroleum pool in the licence area for a period of up to 3 months without having an accepted field development plan in force for a field that includes the pool. (2) The application must include— (a) the reason why it is necessary for the licensee to undertake the recovery without having an accepted field development plan; and Authorised by the Chief Parliamentary Counsel 222 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery (b) details of any proposed extended production test; and (c) the period in respect of which the permission is sought; and (d) details of any proposed disposal or flaring of any produced hydrocarbons.

  667. 217 — Decision on application

    217 Decision on application (1) As soon as practicable after the petroleum production licensee gives an application to the Minister under regulation 216, the Minister must— (a) approve the application; or (b) reject the application; or (c) notify the licensee, in writing, that the Minister is unable to make a decision without further information. (2) If the Minister issues a notice under subregulation (1)(c), the Minister must specify the further information that the Minister requires. (3) After receiving the information, the Minister must, as soon as practicable, do one of the things set out in subregulation (1) in respect of the application. (4) The Minister may approve the application subject to conditions. (5) If the Minister approves the application, the maximum period for which the Minister may grant the permission is 3 months from the date of the Minister's approval. (6) However, the Minister may, on written application by the licensee, extend the period by a maximum of 3 months. Authorised by the Chief Parliamentary Counsel 223 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery (7) The Minister may extend permission under subregulation (6) more than once. (8) The Minister must notify the licensee in writing of the following matters as soon as practicable after making a decision to approve or reject an application— (a) the terms of the decision; (b) if the Minister approves the application subject to a condition—the condition; (c) if the Minister rejects the application— the reasons for the decision. Division 6—Transitional provisions about field development plans

  668. 218 — Recovering petroleum on or before the

    218 Recovering petroleum on or before the commencement of this Chapter if a field development plan has been accepted before commencement day (1) If— (a) petroleum was being recovered under a petroleum production licence on or before the commencement day; and (b) on the commencement day, the licensee has a field development plan for that recovery that has been accepted by the Minister— that field development plan is in force for the field. (2) A petroleum production licensee is taken to have made an application under regulation 206 on the commencement day if— (a) the licensee made an application for a field development plan to be accepted by the Minister before commencement day; and Authorised by the Chief Parliamentary Counsel 224 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery (b) the Minister did not make a decision on the application before the commencement day. (3) If petroleum was being recovered in an area under a petroleum production licence on or before the commencement day (the recovery area) and the recovery after that day is not covered by a field development plan— (a) the licensee must make an application to the Minister under regulation 206 for acceptance of a field development plan for the recovery area before— (i) 2 years after the commencement day; or (ii) if the Minister gives the licensee written approval to extend the period— 4 years after the commencement day; and (b) the licensee is exempt from regulation 204 until an accepted field development plan is in force for the recovery area. (4) If a licensee exempted by subregulation (3)(b) makes an application under regulation 206 and the plan is rejected by the Minister, the licensee must make another application no later than 90 days after being given notice of the rejection. Division 7—Approval of rate of recovery of petroleum

  669. 219 — Requirement to obtain approval of rate of recovery Reg. 219

    219 Requirement to obtain approval of rate of recovery Reg. 219 of petroleum amended by S.R. No. A petroleum production licensee must not 133/2012 reg. 52. undertake the recovery of petroleum from a petroleum pool in a licence area if— (a) the licensee has not obtained from the Minister written approval of the rate of recovery of petroleum from the pool; and Authorised by the Chief Parliamentary Counsel 225 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery (b) the rate of recovery of petroleum from the pool is not subject to a direction under section 182 of the Act. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units.

  670. 220 — Application for approval of rate of recovery from

    220 Application for approval of rate of recovery from pool in licence area (1) This regulation applies if a petroleum production licensee applies to the Minister for written approval of the rate of recovery of petroleum from a petroleum pool in a licence area. (2) The Minister must not approve the application unless the application includes the following information— (a) the proposed rate of recovery of petroleum from the pool; (b) the past performance (if any) and a prediction of future performance of production wells in the licence area; (c) an estimate of the ultimate recovery from the pool. (3) In making a decision about the rate of recovery of petroleum from the pool, the Minister must ensure that the rate is consistent with the accepted field development plan for the field that includes the pool. Authorised by the Chief Parliamentary Counsel 226 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.4—Field development plans and approvals of petroleum recovery Division 8—Requirement to notify significant event

  671. 221 — Requirement to notify significant event to Minister

    221 Requirement to notify significant event to Minister (1) A petroleum production licensee must provide to Reg. 221(1) amended by the Minister a written notification of a significant S.R. No. event that occurs in, or in relation to, the licence 133/2012 reg. 53. area within 7 days after becoming aware of the event. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. (2) The notification must include— (a) all the material facts and circumstances about the significant event that the licensee is aware of or is able, by reasonable search and inquiry, to find out, including— (i) when the event occurred or was first detected; and (ii) the implications of the event for the reservoir and the optimum long-term recovery of petroleum; and (b) the action the licensee proposes to take in response to the significant event. (3) The notification may include any other facts the licensee considers relevant. Authorised by the Chief Parliamentary Counsel 227 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders Pt 5.5 (Heading) Part 5.5—Well operations management plans substituted by S.R. No. and approval of well activities—greenhouse 160/2012 reg. 57. gas titleholders Division 1—Preliminary Reg. 222 222 Application amended by S.R. No. This Part applies to the following titleholders— 133/2012 reg. 54, (a) a greenhouse gas assessment permittee; substituted by S.R. No. (b) a greenhouse gas holding lessee; 160/2012 reg. 58. (c) a greenhouse gas injection licensee; (d) a registered holder of a greenhouse gas special authority; (e) a greenhouse gas-related infrastructure licensee.

  672. 223 — Definitions

    223 Definitions In this Part— Reg. 223 greenhouse gas-related infrastructure licensee def. of greenhouse means the registered holder of an gas-related infrastructure licence that authorises the infrastructure licensee licensee to construct and operate an inserted by infrastructure facility that relates to a S.R. No. 160/2012 greenhouse gas substance; reg. 59(1). Reg. 223 integrity, in relation to a well, means that the def. of integrity potential injection zone in the well bore— amended by S.R. No. (a) is under control, in accordance with an 160/2012 reg. 59(2). accepted well operations management plan; and (b) is able to contain reservoir fluids; and Authorised by the Chief Parliamentary Counsel 228 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders (c) is subject only to risks that have been reduced to a level that is as low as reasonably practicable; well includes all equipment located downhole from a well; Examples Equipment leading to a blow-out preventer, equipment leading to a well head, equipment leading to a Christmas tree. well activity means an activity relating to a well that is carried out during the life of the well; Examples Exploratory drilling, production drilling, appraisal drilling, testing a well, well drilling, a wireline operation, a workover operation, a well completion or re-completion, maintenance of a well, abandonment or suspension of a well. well integrity hazard means— (a) an event that— (i) may compromise the integrity of a well; and (ii) would, if it occurred, have the consequence of a significant threat to the safety of individuals; or (b) an event that may involve a risk of significant damage to the environment or the well reservoir of a well.

  673. 224 — Part is a listed OHS law

    224 Part is a listed OHS law For the purposes of section 700(e) of the Act, this Part is a listed OHS law to the extent it relates to occupational health and safety. Authorised by the Chief Parliamentary Counsel 229 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders Division 2—Requirements—well operations management plan

  674. 225 — Requirement to have accepted well operations

    225 Requirement to have accepted well operations management plan Reg. 225(1) (1) A titleholder who undertakes a well activity in a amended by S.R. No. title area must have an accepted well operations 133/2012 management plan in force for undertaking the well reg. 55. activity in the title area. Penalty: In the case of a body corporate, 400 penalty units; In the case of a natural person, 80 penalty units. (2) Subregulation (1) does not apply if— (a) there is an emergency in which there is a likelihood of any of the following— (i) injury; (ii) significant discharge of fluids from the well; (iii) damage to a natural resource; and (b) the titleholder undertakes an activity to avoid the injury, discharge or damage; and (c) as soon as practicable, the titleholder gives the Minister notice of the emergency; and (d) as soon as practicable, but within 3 days, the titleholder gives written notice to the Minister about the activity undertaken. Note A direction under section 623 or 629 of the Act from the Minister has effect and must be complied with despite anything in the Regulations. Authorised by the Chief Parliamentary Counsel 230 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders

  675. 226 — Requirement to undertake activities in accordance

    226 Requirement to undertake activities in accordance with accepted well operations management plan (1) A titleholder who, in a title area, undertakes a well Reg. 226(1) amended by activity that is regulated by one or more S.R. No. requirements of an accepted well operations 133/2012 reg. 56. management plan in force for the title area must undertake the activity in accordance with the requirements of the plan for the activity. Penalty: In the case of a body corporate, 400 penalty units; In the case of a natural person, 80 penalty units. (2) Subregulation (1) does not apply if— (a) there is an emergency in which there is a likelihood of any of the following— (i) injury; (ii) significant discharge of fluids from the well; (iii) damage to a natural resource; and (b) the titleholder undertakes an activity to avoid the injury, discharge or damage; and (c) as soon as practicable, the titleholder gives the Minister notice of the emergency; and (d) as soon as practicable, but within 3 days, the titleholder gives written notice to the Minister about the activity undertaken. Note A direction under section 623 or 629 of the Act from the Minister has effect and must be complied with despite anything in the Regulations. Authorised by the Chief Parliamentary Counsel 231 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders Division 3—Obtaining acceptance of well operations management plan

  676. 227 — Application for acceptance of well operations

    227 Application for acceptance of well operations management plan (1) A titleholder may apply to the Minister for acceptance by the Minister of a well operations management plan. (2) The titleholder must give the plan to the Minister— (a) at least 30 days before the proposed start of the well activity; or (b) if the Minister allows, and notifies in writing, another period—within that period. (3) The plan— (a) must be in writing; and (b) may apply to well activities for more than one well; and Reg. 227(3)(c) (c) may be submitted, with the approval of the amended by S.R. No. Minister notified in writing, in parts for 133/2012 particular stages of the activity; and reg. 57(1). Reg. 227(3)(d) (d) if the plan is for undertaking a well activity inserted by S.R. No. authorised by a greenhouse gas special 133/2012 authority relating to a deviation well, must reg. 57(2), amended by be the same as the accepted well operations S.R. No. management plan in force for undertaking 160/2012 reg. 60. that well activity in a title area adjacent to the authority area. Authorised by the Chief Parliamentary Counsel 232 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders

  677. 228 — Decision on well operations management plan

    228 Decision on well operations management plan (1) Within 30 days after a titleholder gives a well operations management plan to the Minister, the Minister must— (a) accept the plan, or one or more parts of the plan, as a well operations management plan; or Example The Minister may approve a well operations management plan to the extent that it deals with a particular stage of a well activity, but not to the extent that it deals with other stages. (b) reject the plan; or (c) notify the titleholder in writing that the Minister is unable to make a decision without further assessment of the plan. (2) The acceptance of one or more parts of a well operations management plan is taken to be the rejection of any other parts of the well operations management plan that are not accepted by the Minister. (3) If the Minister notifies the titleholder that the Minister is unable to make a decision without further assessment of the plan, the notice must include— (a) a description of any further information the Minister requires to be included in the plan; and (b) the date after which the Minister will commence further assessment of the plan. (4) The date specified under subregulation (3)(b) must give the titleholder a reasonable opportunity to modify or resubmit the plan. Authorised by the Chief Parliamentary Counsel 233 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders (5) If the Minister undertakes further assessment of the plan, the Minister must, as soon as practicable— (a) accept the plan, or one or more parts of the plan, as a well operations management plan; or (b) reject the plan. (6) The Minister may accept the well operations management plan subject to conditions. (7) The Minister must notify the titleholder in writing of the following matters as soon as practicable after making a decision— (a) the terms of the decision; (b) if the decision is to reject the plan, or to accept one or more parts of the plan— the reasons for the decision; (c) if the decision is to accept the plan, or one or more parts of the plan—the date on which the accepted plan commences; (d) if the decision is to accept the plan, or one or more parts of the plan, subject to a condition—the condition and the reason for making the acceptance subject to a condition. (8) If the Minister accepts the well operations management plan, or one or more parts of the plan, the accepted plan commences on the day notified under subregulation (7)(c).

  678. 229 — Criteria for acceptance of well operations

    229 Criteria for acceptance of well operations management plan (1) The Minister must accept a well operations management plan under regulation 228(1)(a) or (5)(a) if the Minister is satisfied that— (a) the plan is appropriate for the nature and scale of the well activity; and Authorised by the Chief Parliamentary Counsel 234 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders (b) the plan shows that the risks identified by the titleholder in relation to the well activity will be managed in accordance with sound engineering principles, standards, specifications and good oilfield practice; and (c) the plan includes the matters mentioned in regulation 230; and (d) the way in which the well activity will be carried out— (i) will not result in the occurrence of any significant new detrimental risk or effect to the well activity; and (ii) will not result in any significant increase in a detrimental risk or effect to the well activity that already exists. (2) The Minister must not accept a well operations management plan if the Minister is not satisfied that the plan meets the requirements of subregulation (1).

  679. 230 — Contents of well operations management plan

    230 Contents of well operations management plan (1) For the purposes of regulation 229(1)(c), the matters are— (a) information about the conduct of the well activity; and (b) an explanation of— (i) the philosophy of, and criteria for, the design, construction, operational activity and management of the well; and Authorised by the Chief Parliamentary Counsel 235 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders Reg. 230 (ii) the possible injection activities of the (1)(b)(ii) well— amended by S.R. No. 160/2012 reg. 61. showing that the well activity, and all associated operational work, will be carried out in accordance with good oilfield practice; and (c) performance objectives against which the performance of the well activity is to be measured; and (d) measurement criteria that define the performance objectives; and (e) an explanation of how the titleholder will deal with— (i) a well integrity hazard; or (ii) a significant increase in an existing risk for the well— including the possibility of continuing an activity for the purpose of dealing with the well integrity hazard or the risk; and (f) details of when and how the titleholder will notify the Minister, and give reports and information, about— (i) the well activity; and (ii) well integrity hazards; and (iii) significant increases in existing risks for the well; and (iv) other matters relevant to the conduct of the well activity; and Authorised by the Chief Parliamentary Counsel 236 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders (g) an explanation of the way in which the titleholder will keep information required by the well operations management plan. (2) The Minister may give a titleholder permission, notified in writing, not to include matters in a well operations management plan if those matters are regulated in the title. (3) A well operations management plan may include any other information that the titleholder believes is relevant.

  680. 231 — Status of well operations management plan

    231 Status of well operations management plan (1) If the Minister has given the titleholder permission to give a well operations management plan to the Minister in parts— (a) the first part of the plan that the Minister accepts is taken to be an accepted well operations management plan in its own right; and (b) a part that is given to the Minister after that acceptance is taken to be a variation to which Division 4 applies. (2) If the Minister accepts one or more parts of a well operations management plan— (a) the part of the plan that the Minister accepts is taken to be an accepted well operations management plan in its own right; and (b) a part that is given to the Minister after that acceptance is taken to be a variation to which Division 4 applies. (3) If the Minister accepts a well operations management plan as a replacement for an accepted well operations management plan, the previous accepted well operations management plan ceases to have effect. Authorised by the Chief Parliamentary Counsel 237 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders Division 4—Variation of well operations management plan

  681. 232 — Application for acceptance of variation

    232 Application for acceptance of variation (1) A titleholder may apply to the Minister for acceptance by the Minister of a variation of an accepted well operations management plan. (2) The application must be accompanied by the proposed variation.

  682. 233 — Requirement to apply for variation of well

    233 Requirement to apply for variation of well operations management plan A titleholder must apply to the Minister for a variation of the titleholder's well operations management plan if any of the following circumstances exists— (a) a change in the understanding about the characteristics of the geology or reservoir that may have a significant impact on a well activity; (b) the occurrence or potential occurrence of a significant new detrimental risk or effect to a well activity; (c) a significant increase in a detrimental risk or effect to a well activity.

  683. 234 — Decision on request for acceptance of varied well

    234 Decision on request for acceptance of varied well operations management plan (1) If a titleholder gives a variation to the Minister, the Minister must within 30 days— (a) if the varied well operations management plan would meet the requirements of regulation 229(1)—accept the variation; or (b) reject the variation; or Authorised by the Chief Parliamentary Counsel 238 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders (c) notify the titleholder, in writing, that the Minister is unable to make a decision without further assessment of the variation. (2) If the Minister notifies the titleholder that the Minister is unable to make a decision without further assessment of the variation, the notice must include— (a) a description of any further information the Minister requires to be included in the variation; and (b) the date after which the Minister will commence further assessment of the variation. (3) The date specified under subregulation (2)(b) must give the titleholder a reasonable opportunity to modify or resubmit the variation. (4) If the Minister undertakes further assessment of a variation, the Minister must accept or reject the variation as soon as practicable. (5) The Minister may approve a variation subject to conditions. (6) The Minister must notify the titleholder in writing of the following matters as soon as practicable after making a decision— (a) the terms of the decision; (b) if the Minister rejects the variation—the reasons for the decision; (c) if the Minister accepts the variation—the date on which the variation commences; (d) if the Minister accepts the variation subject to a condition—the condition and the reason for making the acceptance subject to the condition. Authorised by the Chief Parliamentary Counsel 239 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders (7) If the Minister accepts a variation of a well operations management plan, the plan as varied replaces the existing well operations management plan as the plan in force for the title area on the date notified under subregulation (6)(c).

  684. 235 — Variation required by Minister

    235 Variation required by Minister The Minister may give a titleholder a notice in writing— (a) advising the titleholder that the Minister requires the titleholder to vary a well operations management plan as set out in the notice; and (b) setting out the reasons for requiring the variation; and (c) identifying the proposed date of effect of the variation; and (d) identifying the proposed date by which the titleholder must submit a variation of the plan to the Minister; and (e) advising the titleholder of the effect of regulation 236.

  685. 236 — Objection to requirement to vary

    236 Objection to requirement to vary (1) If the Minister gives a titleholder a notice under regulation 235, the titleholder may give an objection, in writing, to the Minister— (a) stating one or more of the following— (i) that the variation should not occur; (ii) that the variation should be in terms different from the proposed terms; (iii) that the varied well operations management plan should take effect on a date later than the proposed date; Authorised by the Chief Parliamentary Counsel 240 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders (iv) that the date by which the titleholder must submit a variation of the plan should be later than the proposed date; and (b) giving reasons for the objection. (2) The titleholder must make the objection within— (a) 21 days after receiving the notice; or (b) if the Minister, in writing, allows a longer period—that period.

  686. 237 — Decision on objection

    237 Decision on objection (1) If a titleholder gives an objection to the Minister under regulation 236, the Minister must, within 30 days, decide whether to accept or reject the objection. (2) The Minister must notify the titleholder, in writing, of the following matters as soon as practicable after making a decision— (a) the terms of the decision, including— (i) whether the original notice given under regulation 235 is varied or withdrawn; and (ii) if the original notice is varied—the new requirements; (b) if the decision is to reject the objection— the reasons for the decision. Division 5—Termination of well operations management plan

  687. 238 — Termination of well operations management plan

    238 Termination of well operations management plan An accepted well operations management plan ceases to be in force at the earliest of— (a) when the titleholder withdraws the well operations management plan; and Authorised by the Chief Parliamentary Counsel 241 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders (b) when the Minister accepts another well operations management plan that replaces the well operations management plan; and (c) when the Minister withdraws his or her acceptance of the well operations management plan under Division 6; and (d) the end of the period of 5 years starting when the well operations management plan was accepted, whether or not the well operations management plan has been varied since being accepted. Division 6—Withdrawal of acceptance of well operations management plan

  688. 239 — Reasons for withdrawal of acceptance

    239 Reasons for withdrawal of acceptance The Minister may withdraw his or her acceptance of a titleholder's well operations management plan if— (a) the titleholder has not complied with the Act, this Part or a direction given under section 623 or section 629 of the Act; or (b) the titleholder has not complied with the accepted well operations management plan; or (c) the Minister is satisfied for any other reason that his or her acceptance of the well operations management plan should be withdrawn.

  689. 240 — Notice of proposal to withdraw acceptance

    240 Notice of proposal to withdraw acceptance (1) If the Minister believes it may be necessary to withdraw his or her acceptance of a well operations management plan, the Minister must, at least 30 days before the Minister would withdraw his or her acceptance— Authorised by the Chief Parliamentary Counsel 242 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders (a) notify the titleholder in writing that the Minister is considering the withdrawal of the acceptance; and (b) include in the notification— (i) an explanation of the reasons why the Minister is considering withdrawing the acceptance; and (ii) a date by which the titleholder may give the Minister any information that the Minister may take into account before deciding whether to withdraw the acceptance; and (iii) any other information that the Minister considers appropriate. (2) The Minister may give a copy of the notice to a person other than the titleholder if— (a) the Minister considers it appropriate; and (b) the titleholder agrees in writing.

  690. 241 — Decision to withdraw acceptance

    241 Decision to withdraw acceptance (1) If the Minister notifies a titleholder under regulation 240(1), the Minister must, as soon as practicable after the date mentioned in regulation 240(1)(b)(ii) has passed— (a) withdraw his or her acceptance of the well operations management plan; or (b) decide not to withdraw his or her acceptance. (2) The Minister must not withdraw his or her acceptance unless the Minister— (a) has taken any information given under regulation 240(1)(b)(ii) into account; and (b) is satisfied that a reason mentioned in regulation 239 exists. Authorised by the Chief Parliamentary Counsel 243 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders (3) The Minister must notify the titleholder, in writing, of the following matters as soon as practicable after making a decision— (a) the terms of the decision; (b) if the decision is to withdraw his or her acceptance of the well operations management plan—the reasons for the decision.

  691. 242 — Relationship between withdrawal and other

    242 Relationship between withdrawal and other provisions (1) The Minister may withdraw his or her acceptance of a well operations management plan for the titleholder, even if the titleholder has been convicted of an offence, because of a failure to comply with a provision of the Act or the Regulations. (2) If the Minister withdraws his or her acceptance of a well operations management plan, the withdrawal does not prevent the titleholder from being convicted of an offence because of a failure to comply with a provision of the Act or the Regulations. Division 7—Approval for specific well activities

  692. 243 — Requirement for approval of certain well activities

    243 Requirement for approval of certain well activities that change well bore Reg. 243(1) (1) A titleholder— amended by S.R. No. 133/2012 (a) who undertakes any one of the following reg. 58. well activities in the title area that leads to the physical change of a well bore— (i) well drilling; (ii) testing; (iii) well completion; Authorised by the Chief Parliamentary Counsel 244 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders (iv) abandonment or suspension of a well; (v) well intervention; and (b) who does not have the approval of the Minister under regulation 246 to undertake that activity— is guilty of an offence and liable to a penalty not exceeding, in the case of a body corporate, 300 penalty units or, in the case of a natural person, 60 penalty units. (2) Subregulation (1) does not apply if— (a) there is an emergency in which there is a likelihood of any of the following— (i) injury; (ii) significant discharge of fluids from the well; (iii) damage to a natural resource; and (b) the titleholder undertakes an activity to avoid the injury, discharge or damage; and (c) as soon as practicable, the titleholder gives the Minister notice of the emergency; and (d) as soon as practicable, but within 3 days, the titleholder gives written notice to the Minister about the activity undertaken. Note A direction under section 623 or 629 of the Act from the Minister has effect and must be complied with despite anything in the regulations.

  693. 244 — Application for approval to undertake activity

    244 Application for approval to undertake activity (1) A titleholder may apply in writing to the Minister for approval to undertake one of the following well activities if the activity will lead to the physical change of a well bore— (a) well drilling; Authorised by the Chief Parliamentary Counsel 245 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders (b) testing; (c) well completion; (d) abandonment or suspension of a well; (e) well intervention. (2) The application must include— (a) a description of the well activity; and (b) the titleholder's proposed timetable for carrying out the well activity.

  694. 245 — Minister may request more information

    245 Minister may request more information (1) If a titleholder makes an application under regulation 244, the Minister may ask the titleholder to provide further written information about the proposed well activity. (2) A request under subregulation (1) must be in writing and describe the information that is requested.

  695. 246 — Decision on application

    246 Decision on application (1) As soon as practicable after the Minister is satisfied there is enough information to make a decision on an application under regulation 244, the Minister must notify the titleholder in writing of— (a) the Minister's decision to approve or reject the application; and (b) if the Minister has decided to approve the application subject to a condition—the condition; and (c) if the Minister has decided to reject the application—the reasons for the rejection. (2) An approval takes effect as soon as the Minister notifies the titleholder of his or her decision. Authorised by the Chief Parliamentary Counsel 246 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders Division 8—Control of hazards and risks

  696. 247 — Requirement to control well integrity hazard or risk Reg. 247

    247 Requirement to control well integrity hazard or risk Reg. 247 amended by A titleholder who is operating a well in a title area S.R. No. must control— 133/2012 reg. 59. (a) any well integrity hazard has been identified for the well; and (b) any significant increase in an existing risk for the well. Penalty: In the case of a body corporate, 400 penalty units; In the case of a natural person, 80 penalty units. Note An explanation of how a titleholder will deal with a well integrity hazard or a significant increase in an existing risk is required to be included in a well operations management plan under regulation 230. Authorised by the Chief Parliamentary Counsel 247 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders Pt 5.5A (Headings Part 5.5A—Well operations management and regs 247A–247Z) plans and approval of well activities— inserted by S.R. No. petroleum titleholders 160/2012 reg. 62. Division 1—Preliminary Reg. 247A 247A Application inserted by S.R. No. This Part applies to the following titleholders— 160/2012 reg. 62. (a) a petroleum exploration permittee; (b) a petroleum retention lessee; (c) a petroleum production licensee; (d) a registered holder of a petroleum access authority; (e) a petroleum-related infrastructure licensee. Reg. 247B 247B Definitions inserted by S.R. No. 160/2012 In this Part— reg. 62. integrity, in relation to a well, means that the potential producing or injection zone in the well bore— (a) is under control, in accordance with an accepted well operations management plan; and (b) is able to contain reservoir fluids; and (c) is subject only to risks that have been reduced to a level that is as low as reasonably practicable; petroleum-related infrastructure licensee means the registered holder of an infrastructure licence that authorises the licensee to construct and operate an infrastructure facility that relates to petroleum; Authorised by the Chief Parliamentary Counsel 248 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders well includes all equipment located downhole from a well; Examples Equipment leading to a blow-out preventer, equipment leading to a well head, equipment leading to a Christmas tree. well activity means an activity relating to a well that is carried out during the life of the well; Example Exploratory drilling, production drilling, appraisal drilling, testing a well, well drilling, a wireline operation, a workover operation, a well completion or re-completion, maintenance of a well, abandonment or suspension of a well. well integrity hazard means— (a) an event that— (i) may compromise the integrity of a well; and (ii) would, if it occurred, have the consequence of a significant threat to the safety of individuals; or (b) an event that may involve a risk of significant damage to the environment or the well reservoir of a well.

  697. 247C — Part is a listed OHS law Reg. 247C

    247C Part is a listed OHS law Reg. 247C inserted by S.R. No. For the purposes of section 700(e) of the Act, this 160/2012 Part is a listed OHS law to the extent it relates to reg. 62. occupational health and safety. Authorised by the Chief Parliamentary Counsel 249 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders Division 2—Requirements—well operations management plan Reg. 247D 247D Requirement to have accepted well operations inserted by management plan S.R. No. 160/2012 (1) A titleholder who undertakes a well activity in a reg. 62. title area must have an accepted well operations management plan in force for undertaking the well activity in the title area. Penalty: In the case of a body corporate, 400 penalty units; In the case of a natural person, 80 penalty units. (2) Subregulation (1) does not apply if— (a) there is an emergency in which there is a likelihood of any of the following— (i) injury; (ii) significant discharge of fluids from the well; (iii) damage to a natural resource; and (b) the titleholder undertakes an activity to avoid the injury, discharge or damage; and (c) as soon as practicable, the titleholder gives NOPSEMA notice of the emergency; and (d) as soon as practicable, but within 3 days, the titleholder gives written notice to NOPSEMA about the activity undertaken. Note A direction under section 623 or 629 of the Act from the Minister has effect and must be complied with despite anything in the Regulations. Authorised by the Chief Parliamentary Counsel 250 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders

  698. 247E — Requirement to undertake activities in accordance Reg. 247E

    247E Requirement to undertake activities in accordance Reg. 247E with accepted well operations management plan inserted by S.R. No. (1) A titleholder who, in a title area, undertakes a well 160/2012 reg. 62. activity that is regulated by one or more requirements of an accepted well operations management plan in force for the title area must undertake the activity in accordance with the requirements of the plan for the activity. Penalty: In the case of a body corporate, 400 penalty units; In the case of a natural person, 80 penalty units. (2) Subregulation (1) does not apply if— (a) there is an emergency in which there is a likelihood of any of the following— (i) injury; (ii) significant discharge of fluids from the well; (iii) damage to a natural resource; and (b) the titleholder undertakes an activity to avoid the injury, discharge or damage; and (c) as soon as practicable, the titleholder gives NOPSEMA notice of the emergency; and (d) as soon as practicable, but within 3 days, the titleholder gives written notice to NOPSEMA about the activity undertaken. Note A direction under section 623 or 629 of the Act from the Minister has effect and must be complied with despite anything in the Regulations. Authorised by the Chief Parliamentary Counsel 251 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders Division 3—Obtaining acceptance of well operations management plan Reg. 247F 247F Application for acceptance of well operations inserted by management plan S.R. No. 160/2012 (1) A titleholder may apply to NOPSEMA for reg. 62. acceptance by NOPSEMA of a well operations management plan. (2) The titleholder must give the plan to NOPSEMA— (a) at least 30 days before the proposed start of the well activity; or (b) if NOPSEMA allows, and notifies in writing, another period—within that period. (3) The plan— (a) must be in writing; and (b) may apply to well activities for more than one well; and (c) may be submitted, with the approval of NOPSEMA notified in writing, in parts for particular stages of the activity; and (d) if the plan is for undertaking a well activity authorised by a petroleum access authority relating to a deviation well, must be the same as the accepted well operations management plan in force for undertaking that well activity in a title area adjacent to the authority area. Reg. 247G 247G Decision on well operations management plan inserted by S.R. No. 160/2012 (1) Within 30 days after a titleholder gives a well reg. 62. operations management plan to NOPSEMA, NOPSEMA must— Authorised by the Chief Parliamentary Counsel 252 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders (a) accept the plan, or one or more parts of the plan, as a well operations management plan; or Example NOPSEMA may approve a well operations management plan to the extent that it deals with a particular stage of a well activity, but not to the extent that it deals with other stages. (b) reject the plan; or (c) notify the titleholder in writing that NOPSEMA is unable to make a decision without further assessment of the plan. (2) The acceptance of one or more parts of a well operations management plan is taken to be the rejection of any other parts of the well operations management plan that are not accepted by NOPSEMA. (3) If NOPSEMA notifies the titleholder that NOPSEMA is unable to make a decision without further assessment of the plan, the notice must include— (a) a description of any further information NOPSEMA requires to be included in the plan; and (b) the date after which NOPSEMA will commence further assessment of the plan. (4) The date specified under subregulation (3)(b) must give the titleholder a reasonable opportunity to modify or resubmit the plan. (5) If NOPSEMA undertakes further assessment of the plan, NOPSEMA must, as soon as practicable— Authorised by the Chief Parliamentary Counsel 253 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders (a) accept the plan, or one or more parts of the plan, as a well operations management plan; or (b) reject the plan. (6) NOPSEMA may accept the well operations management plan subject to conditions. (7) NOPSEMA must notify the titleholder in writing of the following matters as soon as practicable after making a decision— (a) the terms of the decision; (b) if the decision is to reject the plan, or to accept one or more parts of the plan— the reasons for the decision; (c) if the decision is to accept the plan, or one or more parts of the plan—the date on which the accepted plan commences; (d) if the decision is to accept the plan, or one or more parts of the plan, subject to a condition—the condition and the reason for making the acceptance subject to a condition. (8) If NOPSEMA accepts the well operations management plan, or one or more parts of the plan, the accepted plan commences on the day notified under subregulation (7)(c). Reg. 247H 247H Criteria for acceptance of well operations inserted by S.R. No. management plan 160/2012 reg. 62. (1) NOPSEMA must accept a well operations management plan under regulation 247G(1)(a) or (5)(a) if NOPSEMA is satisfied that— (a) the plan is appropriate for the nature and scale of the well activity; and (b) the plan shows that the risks identified by the titleholder in relation to the well activity will be managed in accordance with sound Authorised by the Chief Parliamentary Counsel 254 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders engineering principles, standards, specifications and good oilfield practice; and (c) the plan includes the matters mentioned in regulation 247I; and (d) the way in which the well activity will be carried out— (i) will not result in the occurrence of any significant new detrimental risk or effect to the well activity; and (ii) will not result in any significant increase in a detrimental risk or effect to the well activity that already exists. (2) NOPSEMA must not accept a well operations management plan if NOPSEMA is not satisfied that the plan meets the requirements of subregulation (1).

  699. 247I — Contents of well operations management plan Reg. 247I

    247I Contents of well operations management plan Reg. 247I inserted by S.R. No. (1) For the purposes of regulation 247H(1)(c), the 160/2012 matters are— reg. 62. (a) information about the conduct of the well activity; and (b) an explanation of— (i) the philosophy of, and criteria for, the design, construction, operational activity and management of the well; and (ii) the possible production or injection activities of the well— showing that the well activity, and all associated operational work, will be carried out in accordance with good oilfield practice; and Authorised by the Chief Parliamentary Counsel 255 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders (c) performance objectives against which the performance of the well activity is to be measured; and (d) measurement criteria that define the performance objectives; and (e) an explanation of how the titleholder will deal with— (i) a well integrity hazard; or (ii) a significant increase in an existing risk for the well— including the possibility of continuing an activity for the purpose of dealing with the well integrity hazard or the risk; and (f) details of when and how the titleholder will notify NOPSEMA, and give reports and information, about— (i) the well activity; and (ii) well integrity hazards; and (iii) significant increases in existing risks for the well; and (iv) other matters relevant to the conduct of the well activity; and (g) an explanation of the way in which the titleholder will keep information required by the well operations management plan. (2) NOPSEMA may give a titleholder permission, notified in writing, not to include matters in a well operations management plan if those matters are regulated in the title. (3) A well operations management plan may include any other information that the titleholder believes is relevant. Authorised by the Chief Parliamentary Counsel 256 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders

  700. 247J — Status of well operations management plan Reg. 247J

    247J Status of well operations management plan Reg. 247J inserted by (1) If NOPSEMA has given the titleholder permission S.R. No. to give a well operations management plan to 160/2012 reg. 62. NOPSEMA in parts— (a) the first part of the plan that NOPSEMA accepts is taken to be an accepted well operations management plan in its own right; and (b) a part that is given to NOPSEMA after that acceptance is taken to be a variation to which Division 4 applies. (2) If NOPSEMA accepts one or more parts of a well operations management plan— (a) the part of the plan that NOPSEMA accepts is taken to be an accepted well operations management plan in its own right; and (b) a part that is given to NOPSEMA after that acceptance is taken to be a variation to which Division 4 applies. (3) If NOPSEMA accepts a well operations management plan as a replacement for an accepted well operations management plan, the previous accepted well operations management plan ceases to have effect. Division 4—Variation of well operations management plan

  701. 247K — Application for acceptance of variation Reg. 247K

    247K Application for acceptance of variation Reg. 247K inserted by (1) A titleholder may apply to NOPSEMA for S.R. No. acceptance by NOPSEMA of a variation of an 160/2012 reg. 62. accepted well operations management plan. (2) The application must be accompanied by the proposed variation. Authorised by the Chief Parliamentary Counsel 257 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders Reg. 247L 247L Requirement to apply for variation of well inserted by operations management plan S.R. No. 160/2012 A titleholder must apply to NOPSEMA for a reg. 62. variation of the titleholder's well operations management plan if any of the following circumstances exists— (a) a change in the understanding about the characteristics of the geology or reservoir that may have a significant impact on a well activity; (b) the occurrence or potential occurrence of a significant new detrimental risk or effect to a well activity; (c) a significant increase in a detrimental risk or effect to a well activity. Reg. 247M 247M Decision on request for acceptance of varied well inserted by S.R. No. operations management plan 160/2012 reg. 62. (1) If a titleholder gives a variation to NOPSEMA, NOPSEMA must within 30 days— (a) if the varied well operations management plan would meet the requirements of regulation 247H(1)—accept the variation; or (b) reject the variation; or (c) notify the titleholder, in writing, that NOPSEMA is unable to make a decision without further assessment of the variation. (2) If NOPSEMA notifies the titleholder that NOPSEMA is unable to make a decision without further assessment of the variation, the notice must include— Authorised by the Chief Parliamentary Counsel 258 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders (a) a description of any further information NOPSEMA requires to be included in the variation; and (b) the date after which NOPSEMA will commence further assessment of the variation. (3) The date specified under subregulation (2)(b) must give the titleholder a reasonable opportunity to modify or resubmit the variation. (4) If NOPSEMA undertakes further assessment of a variation, NOPSEMA must accept or reject the variation as soon as practicable. (5) NOPSEMA may approve a variation subject to conditions. (6) NOPSEMA must notify the titleholder in writing of the following matters as soon as practicable after making a decision— (a) the terms of the decision; (b) if NOPSEMA rejects the variation— the reasons for the decision; (c) if NOPSEMA accepts the variation— the date on which the variation commences; (d) if NOPSEMA accepts the variation subject to a condition—the condition and the reason for making the acceptance subject to the condition. (7) If NOPSEMA accepts a variation of a well operations management plan, the plan as varied replaces the existing well operations management plan as the plan in force for the title area on the date notified under subregulation (6)(c). Authorised by the Chief Parliamentary Counsel 259 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders Reg. 247N 247N Variation required by NOPSEMA inserted by S.R. No. NOPSEMA may give a titleholder a notice in 160/2012 writing— reg. 62. (a) advising the titleholder that NOPSEMA requires the titleholder to vary a well operations management plan as set out in the notice; and (b) setting out the reasons for requiring the variation; and (c) identifying the proposed date of effect of the variation; and (d) identifying the proposed date by which the titleholder must submit a variation of the plan to NOPSEMA; and (e) advising the titleholder of the effect of regulation 247O. Reg. 247O 247O Objection to requirement to vary inserted by S.R. No. 160/2012 (1) If NOPSEMA gives a titleholder a notice under reg. 62. regulation 247N, the titleholder may give an objection, in writing, to NOPSEMA— (a) stating one or more of the following— (i) that the variation should not occur; (ii) that the variation should be in terms different from the proposed terms; (iii) that the varied well operations management plan should take effect on a date later than the proposed date; (iv) that the date by which the titleholder must submit a variation of the plan should be later than the proposed date; and (b) giving reasons for the objection. Authorised by the Chief Parliamentary Counsel 260 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders (2) The titleholder must make the objection within— (a) 21 days after receiving the notice; or (b) if NOPSEMA, in writing, allows a longer period—that period.

  702. 247P — Decision on objection Reg. 247P

    247P Decision on objection Reg. 247P inserted by S.R. No. (1) If a titleholder gives an objection to NOPSEMA 160/2012 under regulation 247O, NOPSEMA must, within reg. 62. 30 days, decide whether to accept or reject the objection. (2) NOPSEMA must notify the titleholder, in writing, of the following matters as soon as practicable after making a decision— (a) the terms of the decision, including— (i) whether the original notice given under regulation 247N is varied or withdrawn; and (ii) if the original notice is varied—the new requirements; (b) if the decision is to reject the objection— the reasons for the decision. Division 5—Termination of well operations management plan

  703. 247Q — Termination of well operations management plan Reg. 247Q

    247Q Termination of well operations management plan Reg. 247Q inserted by An accepted well operations management plan S.R. No. ceases to be in force at the earliest of— 160/2012 reg. 62. (a) when the titleholder withdraws the well operations management plan; and (b) when NOPSEMA accepts another well operations management plan that replaces the well operations management plan; and Authorised by the Chief Parliamentary Counsel 261 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders (c) when NOPSEMA withdraws its acceptance of the well operations management plan under Division 6; and (d) the end of the period of 5 years starting when the well operations management plan was accepted, whether or not the well operations management plan has been varied since being accepted. Division 6—Withdrawal of acceptance of well operations management plan Reg. 247R 247R Reasons for withdrawal of acceptance inserted by S.R. No. NOPSEMA may withdraw its acceptance of a 160/2012 titleholder's well operations management plan if— reg. 62. (a) the titleholder has not complied with the Act, this Part or a direction given under section 623 or section 629 of the Act; or (b) the titleholder has not complied with the accepted well operations management plan; or (c) NOPSEMA is satisfied for any other reason that its acceptance of the well operations management plan should be withdrawn. Reg. 247S 247S Notice of proposal to withdraw acceptance inserted by S.R. No. 160/2012 (1) If NOPSEMA believes it may be necessary to reg. 62. withdraw its acceptance of a well operations management plan, NOPSEMA must, at least 30 days before NOPSEMA would withdraw its acceptance— (a) notify the titleholder in writing that NOPSEMA is considering the withdrawal of the acceptance; and Authorised by the Chief Parliamentary Counsel 262 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders (b) include in the notification— (i) an explanation of the reasons why NOPSEMA is considering withdrawing the acceptance; and (ii) a date by which the titleholder may give NOPSEMA any information that NOPSEMA may take into account before deciding whether to withdraw the acceptance; and (iii) any other information that NOPSEMA considers appropriate. (2) NOPSEMA may give a copy of the notice to a person other than the titleholder if— (a) NOPSEMA considers it appropriate; and (b) the titleholder agrees in writing.

  704. 247T — Decision to withdraw acceptance Reg. 247T

    247T Decision to withdraw acceptance Reg. 247T inserted by S.R. No. (1) If NOPSEMA notifies a titleholder under 160/2012 regulation 247S(1), NOPSEMA must, as soon as reg. 62. practicable after the date mentioned in regulation 247S(1)(b)(ii) has passed— (a) withdraw its acceptance of the well operations management plan; or (b) decide not to withdraw its acceptance. (2) NOPSEMA must not withdraw its acceptance unless NOPSEMA— (a) has taken any information given under regulation 247S(1)(b)(ii) into account; and (b) is satisfied that a reason mentioned in regulation 247R exists. (3) NOPSEMA must notify a titleholder, in writing, of the following matters as soon as practicable after making a decision— Authorised by the Chief Parliamentary Counsel 263 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders (a) the terms of the decision; (b) if the decision is to withdraw its acceptance of the well operations management plan— the reasons for the decision. Reg. 247U 247U Relationship between withdrawal and other inserted by S.R. No. provisions 160/2012 reg. 62. (1) NOPSEMA may withdraw its acceptance of a well operations management plan for the titleholder, even if the titleholder has been convicted of an offence, because of a failure to comply with a provision of the Act or the Regulations. (2) If NOPSEMA withdraws its acceptance of a well operations management plan, the withdrawal does not prevent the titleholder from being convicted of an offence because of a failure to comply with a provision of the Act or the Regulations. Division 7—Approval for specific well activities Reg. 247V 247V Requirement for approval of certain well activities inserted by that change well bore S.R. No. 160/2012 (1) A titleholder— reg. 62. (a) who undertakes any one of the following well activities in the title area that leads to the physical change of a well bore— (i) well drilling; (ii) testing; (iii) well completion; (iv) abandonment or suspension of a well; (v) well intervention; and Authorised by the Chief Parliamentary Counsel 264 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders (b) who does not have the approval of NOPSEMA under regulation 247Y to undertake that activity— is guilty of an offence and liable to a penalty not exceeding, in the case of a body corporate, 300 penalty units or, in the case of a natural person, 60 penalty units. (2) Subregulation (1) does not apply if— (a) there is an emergency in which there is a likelihood of any of the following— (i) injury; (ii) significant discharge of fluids from the well; (iii) damage to a natural resource; and (b) the titleholder undertakes an activity to avoid the injury, discharge or damage; and (c) as soon as practicable, the titleholder gives NOPSEMA notice of the emergency; and (d) as soon as practicable, but within 3 days, the titleholder gives written notice to NOPSEMA about the activity undertaken. Note A direction under section 623 or 629 of the Act from the Minister has effect and must be complied with despite anything in the regulations.

  705. 247W — Application for approval to undertake activity Reg. 247W

    247W Application for approval to undertake activity Reg. 247W inserted by S.R. No. (1) A titleholder may apply in writing to NOPSEMA 160/2012 for approval to undertake one of the following reg. 62. well activities if the activity will lead to the physical change of a well bore— (a) well drilling; (b) testing; (c) well completion; Authorised by the Chief Parliamentary Counsel 265 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders (d) abandonment or suspension of a well; (e) well intervention. (2) The application must include— (a) a description of the well activity; and (b) the titleholder's proposed timetable for carrying out the well activity. Reg. 247X 247X Minister may request more information inserted by S.R. No. 160/2012 (1) If a titleholder makes an application under reg. 62. regulation 247W, NOPSEMA may ask the titleholder to provide further written information about the proposed well activity. (2) A request under subregulation (1) must be in writing and describe the information that is requested. Reg. 247Y 247Y Decision on application inserted by S.R. No. 160/2012 (1) As soon as practicable after NOPSEMA is reg. 62. satisfied there is enough information to make a decision on an application under regulation 247W, NOPSEMA must notify the titleholder in writing of— (a) NOPSEMA's decision to approve or reject the application; and (b) if NOPSEMA has decided to approve the application subject to a condition—the condition; and (c) if NOPSEMA has decided to reject the application—the reasons for the rejection. (2) An approval takes effect as soon as NOPSEMA notifies the titleholder of its decision. Authorised by the Chief Parliamentary Counsel 266 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders Division 8—Control of hazards and risks

  706. 247Z — Requirement to control well integrity hazard or risk Reg. 247Z

    247Z Requirement to control well integrity hazard or risk Reg. 247Z inserted by A titleholder who is operating a well in a title area S.R. No. must control— 160/2012 reg. 62. (a) any well integrity hazard that has been identified for the well; and (b) any significant increase in an existing risk for the well. Penalty: In the case of a body corporate, 400 penalty units; In the case of a natural person, 80 penalty units. Note An explanation of how a titleholder will deal with a well integrity hazard or a significant increase in an existing risk is required to be included in a well operations management plan under regulation 247I. Authorised by the Chief Parliamentary Counsel 267 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.6—Authorisation of petroleum titleholders to conduct greenhouse gas exploration Part 5.6—Authorisation of petroleum titleholders to conduct greenhouse gas exploration

  707. 248 — Application of Part

    248 Application of Part This Part applies to a petroleum titleholder who is— (a) a petroleum exploration permittee; or (b) a petroleum retention lessee; or (c) a petroleum production licensee.

  708. 249 — Definitions

    249 Definitions In this Part— authorised activity means— (a) an activity by a petroleum exploration permittee that is authorised by regulation 251; or (b) an activity by a petroleum retention lessee that is authorised by regulation 252; or (c) an activity by a petroleum production licensee that is authorised by regulation 253. Reg. 250 250 Requirement to notify about authorised activity in amended by S.R. No. title area 133/2012 reg. 60. A petroleum titleholder who undertakes an authorised activity in a title area must notify the Minister, in writing, within 7 days after the day on which the titleholder began the activity. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. Authorised by the Chief Parliamentary Counsel 268 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.6—Authorisation of petroleum titleholders to conduct greenhouse gas exploration

  709. 251 — Authorisation of petroleum exploration permittee

    251 Authorisation of petroleum exploration permittee For the purposes of section 73(3) of the Act, a petroleum exploration permittee is authorised in accordance with the conditions (if any) to which the permit is subject— (a) to explore in the permit area for a potential greenhouse gas storage formation; and (b) to explore in the permit area for a potential greenhouse gas injection site; and (c) to carry out such operations and execute such works in the permit area as are necessary for those purposes.

  710. 252 — Authorisation of petroleum retention lessee

    252 Authorisation of petroleum retention lessee For the purposes of section 118(3) of the Act, a petroleum retention lessee is authorised in accordance with the conditions (if any) to which the lease is subject— (a) to explore in the lease area for a potential greenhouse gas storage formation; and (b) to explore in the lease area for a potential greenhouse gas injection site; and (c) to carry out such operations and execute such works in the lease area as are necessary for those purposes.

  711. 253 — Authorisation of petroleum production licensee

    253 Authorisation of petroleum production licensee For the purposes of section 150(3) of the Act, a petroleum production licensee is authorised in accordance with the conditions (if any) to which the licence is subject— (a) to explore in the licence area for a potential greenhouse gas storage formation; and (b) to explore in the licence area for a potential greenhouse gas injection site; and Authorised by the Chief Parliamentary Counsel 269 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.6—Authorisation of petroleum titleholders to conduct greenhouse gas exploration (c) to carry out such operations and execute such works in the licence area as are necessary for those purposes. Authorised by the Chief Parliamentary Counsel 270 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders Part 5.7—Data management—petroleum titleholders Division 1—Requirements for keeping information

  712. 254 — Purpose of Division

    254 Purpose of Division The purpose of this Division is to set out requirements in accordance with section 721(1)(a) of the Act for and in relation to petroleum titleholders keeping accounts, records and other documents in connection with operations in the offshore area.

  713. 255 — Requirement to securely retain information Reg. 255

    255 Requirement to securely retain information Reg. 255 amended by S.R. No. A petroleum titleholder who keeps accounts, 133/2012 records or other documents in connection with an reg. 61. operation in the offshore area must securely retain the accounts, records and other documents. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units.

  714. 256 — Requirement to retain information so that retrieval Reg. 256

    256 Requirement to retain information so that retrieval Reg. 256 amended by is reasonably practicable S.R. No. 133/2012 A petroleum titleholder who keeps accounts, reg. 62. records or other documents in connection with an operation in the offshore area must retain the accounts, records or other documents so that retrieval of the accounts, records or other documents is reasonably practicable. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units. Authorised by the Chief Parliamentary Counsel 271 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders Division 2—Requirements for collection and retention of cores, cuttings and samples

  715. 257 — Purpose of Division

    257 Purpose of Division The purpose of this Division is to set out requirements in accordance with section 721(1)(b) of the Act for and in relation to petroleum titleholders collecting and retaining cores, cuttings and samples in connection with operations in the offshore area. Reg. 258 258 Requirement to retain core, cutting or sample amended by S.R. No. 133/2012 A petroleum titleholder must retain any core, reg. 63. cutting or sample that the titleholder collects in relation to an operation that the titleholder undertakes in the offshore area. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units. Reg. 259 259 Requirement to retain core, cutting or sample in amended by S.R. No. Australia 133/2012 reg. 64. A petroleum titleholder who collects a core, cutting or sample relating to an operation that the titleholder undertakes in the offshore area must retain the core, cutting or sample in Australia unless the Minister has authorised the titleholder to retain the core, cutting or sample outside Australia. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units. Authorised by the Chief Parliamentary Counsel 272 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders

  716. 260 — Requirement to return core, cutting or sample to Reg. 260

    260 Requirement to return core, cutting or sample to Reg. 260 Australia amended by S.R. No. A petroleum titleholder who is authorised by the 133/2012 reg. 65. Minister to keep a core, cutting or sample outside Australia must ensure that the core, cutting or sample is returned to Australia within— (a) 12 months after the authorisation is given; or (b) a longer period authorised by the Minister. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units.

  717. 261 — Requirement to provide report about overseas Reg. 261

    261 Requirement to provide report about overseas Reg. 261 amended by analysis of core, cutting or sample S.R. No. 133/2012 A petroleum titleholder who is authorised by the reg. 66. Minister to keep a core, cutting or sample outside Australia for the purpose of analysis must give the Minister a report about the progress of the analysis within— (a) the period of 12 months beginning when the authorisation is given; and (b) the end of each subsequent period of 12 months. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. Authorised by the Chief Parliamentary Counsel 273 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders Reg. 262 262 Requirement to securely retain core, cutting or amended by sample S.R. No. 133/2012 A petroleum titleholder who collects a core, reg. 67. cutting or sample in connection with an operation in the offshore area must securely retain the core, cutting or sample. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units. Reg. 263 263 Requirement to retain core, cutting or sample so amended by S.R. No. that retrieval is reasonably practicable 133/2012 reg. 68. A petroleum titleholder who collects a core, cutting or sample in connection with an operation in the offshore area must retain the core, cutting or sample so that retrieval of the core, cutting or sample is reasonably practicable. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units. Division 3—Requirements for giving reports and samples Subdivision 1—Preliminary

  718. 264 — Purpose of Division

    264 Purpose of Division The purpose of this Division is to set out requirements in accordance with section 721(1)(c) of the Act for petroleum titleholders to give reports and cores, cuttings or samples to the Minister. Authorised by the Chief Parliamentary Counsel 274 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders Subdivision 2—Reports about drilling wells

  719. 265 — Requirement for daily drilling report

    265 Requirement for daily drilling report (1) A petroleum titleholder who undertakes drilling Reg. 265(1) amended by operations in a title area on a day must give the S.R. No. Minister a daily drilling report by midday on the 133/2012 reg. 69. day after the day to which the report relates. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) In this regulation— daily drilling report means a report that includes— (a) the name of the well; and (b) the location of the well by latitude and longitude; and (c) the water depth at the well; and (d) the drilled depth; and (e) the work carried out; and (f) the lithology of formations penetrated; and (g) details of any indication of hydrocarbons; and (h) a summary of the material used; and (i) drilling fluid losses; and (j) a leak off test summary; and (k) the geometry of the well bore; and (l) the results of surveys made in the well bore; and (m) the estimated daily and cumulative well costs. Authorised by the Chief Parliamentary Counsel 275 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders

  720. 266 — Requirement for initial well completion report and

    266 Requirement for initial well completion report and data Reg. 266(1) (1) A petroleum titleholder who undertakes drilling amended by S.R. No. operations in a title area must give the Minister an 133/2012 initial well completion report and all initial well reg. 70. completion data within— (a) 6 months after the rig release date; or (b) if the Minister authorises the titleholder to give the report and data within another period—the other period. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) In this regulation— initial well completion data means each type of data mentioned in an item in Schedule 7— (a) presented on a medium and in a format specified in the item; or (b) presented on another medium or in another format which the Minister has authorised the petroleum titleholder to use; initial well completion report means a report that includes all of the information listed in subregulation (3). Authorised by the Chief Parliamentary Counsel 276 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders (3) For the purposes of the definition of initial well completion report in subregulation (2), the information required is in the following table. Table Item Information required 1 The name of the well 2 The name of the title area in which the well is located 3 The location of the well, in the form of— (a) latitude and longitude; and (b) map sheet name and graticular block number; and (c) seismic line location and shotpoint number 4 The results of a check survey of the location of— (a) for a subsea well—the wellhead; or (b) in any other case—the top of the casing supporting the blow-out preventer 5 If the well is a sidetrack—the name of the parent well 6 The names of the rig contractor and rig operator 7 The name of the rig drilling the well 8 The rig's make and model 9 The names of the contractors for— (a) cementing; and (b) wireline logging; and (c) measurements while drilling (MWD); and (d) logging while drilling (LWD); and (e) mudlogging 10 Names of MWD and LWD tools used 11 List of log runs for wireline logging and velocity surveys

  721. 12 — The purpose of the well (for example

    12 The purpose of the well (for example development, appraisal, exploration or stratigraphy) Authorised by the Chief Parliamentary Counsel 277 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders Item Information required 13 The outcome of the well operation (for example completion of the well as a producer, suspension or abandonment) 14 Raw pressure-time listings for any formation fluid sample tests and production tests 15 The spud date 16 The rig release date 17 What is being used as the depth reference for the well (for example the Kelly bushing or the rig floor) 18 The height of the depth reference above sea level 19 The water depth at the well 20 The measured depth of the well 21 The true vertical depth of the well 22 If applicable, the depth of perforation in the petroleum reservoir 23 The date on which the total depth was reached

  722. 24 — If the well is deviated or horizontal

    24 If the well is deviated or horizontal— (a) the surveyed path of the well; and (b) the coordinates of the bottom of the well bore; and (c) if applicable, the coordinates and true vertical depth of the intersection of the well with the reservoir horizon 25 Particulars of equipment and casing installed on or in the well, including schematics 26 If applicable, information on cementing operations and schematics of abandonment 27 Bit records 28 Drilling fluids used 29 Drilling fluid losses

  723. 30 — List of cores, cuttings and samples taken, and

    30 List of cores, cuttings and samples taken, and their depths and intervals Authorised by the Chief Parliamentary Counsel 278 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders

  724. 267 — Requirement for final well completion report and

    267 Requirement for final well completion report and data (1) A petroleum titleholder who undertakes drilling Reg. 267(1) amended by operations in a title area must give the Minister a S.R. No. final well completion report and all final well 133/2012 reg. 71. completion data within— (a) 12 months after the rig release date; or (b) if the Minister authorises the titleholder to give the report and data within another period—the other period. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) In this regulation— final well completion data means each type of data mentioned in an item in Schedule 8— (a) presented on a medium and in a format specified in the item; or (b) presented on another medium or in another format which the Minister has authorised the petroleum titleholder to use; final well completion report means a report that includes all of the information listed in subregulation (3). (3) For the purposes of the definition of final well completion report in subregulation (2), the information required is in the following table. Authorised by the Chief Parliamentary Counsel 279 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders Table Item Information required 1 The name of the well 2 The name of the title area in which the well is located

  725. 3 — The name of the title area in which the well is

    3 The name of the title area in which the well is located— (a) latitude and longitude; and (b) map sheet name and graticular block number; and (c) seismic line location and shotpoint number; and 4 If the well is a sidetrack—the name of the parent well 5 The names of the rig contractor and rig operator 6 The name of the rig drilling the well 7 The rig's make and model 8 The names of the contractors for— (a) cementing; and (b) wireline logging; and (c) measurements while drilling (MWD); and (d) logging while drilling (LWD); and (e) mudlogging 9 The purpose of the well (for example development, appraisal, exploration or stratigraphy) 10 The outcome of the well operation (for example completion of the well as a producer, suspension or abandonment) 11 Raw pressure-time listings for any formation fluid sample tests and production tests 12 The spud date 13 The rig release date

  726. 14 — What is being used as the depth reference for the

    14 What is being used as the depth reference for the well (for example the Kelly bushing or the rig floor) Authorised by the Chief Parliamentary Counsel 280 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders Item Information required 15 The height of the depth reference above sea level 16 The water depth at the well 17 The measured depth of the well 18 The true vertical depth of the well 19 If applicable, the depth of perforation in the petroleum reservoir 20 The date on which the total depth was reached

  727. 21 — If the well is deviated or horizontal

    21 If the well is deviated or horizontal— (a) the surveyed path of the well; and (b) the coordinates of the bottom of the well bore; and (c) if applicable, the coordinates and true vertical depth of the intersection of the well with the reservoir horizon 22 Particulars of equipment and casing installed on or in the well, including schematics 23 Bit records 24 Drilling fluids used 25 Drilling fluid losses 26 List of cores, cuttings and samples taken, and their depths and intervals 27 List of logs acquired 28 Details of any hydrocarbon indications 29 The measured depth and true vertical depth of marker horizons or formation tops

  728. 30 — Geological interpretations of the observations

    30 Geological interpretations of the observations made as a result of drilling the well, including— (a) lithology; and (b) stratigraphy; and (c) reservoir properties and quality; and (d) geochemistry of source rocks if available; and (e) environment of deposition if available Authorised by the Chief Parliamentary Counsel 281 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders Item Information required

  729. 31 — Wireline formation test results

    31 Wireline formation test results

  730. 32 — Production test results

    32 Production test results

  731. 33 — Core analysis

    33 Core analysis

  732. 34 — If the well is an exploration well—the relevance

    34 If the well is an exploration well—the relevance of the observations and interpretations to the evaluation of the hydrocarbon potential of the area Subdivision 3—Reports about geophysical and geological surveys

  733. 268 — Requirement for weekly survey report

    268 Requirement for weekly survey report Reg. 268(1) (1) A petroleum titleholder who undertakes a amended by S.R. No. geophysical or geological survey in a title area 133/2012 must give the Minister a weekly survey report as reg. 72. soon as practicable after the end of each week of the survey. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) In this regulation— weekly survey report means a report that includes— (a) the name of the survey; and (b) the title under which the survey is being conducted; and (c) the name of the titleholder; and (d) the name of the contractor conducting the survey; and (e) the name of the vessel or aircraft conducting the survey; and Authorised by the Chief Parliamentary Counsel 282 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders (f) a map showing where the survey was conducted during the week; and (g) the number of kilometres or square kilometres for which data was acquired during the week; and (h) the number of points at which data was acquired during the week; and (i) the number of lines of data acquired during the week; and (j) the amount of downtime during the week due to equipment problems, bad weather or other circumstances; and (k) the percentage of the survey completed at the end of the week; week of the survey means— (a) the week starting on the first day of data acquisition; and (b) each subsequent week. Note Notice of a geophysical or geological survey is required under regulation 335, and the survey will also require approval as an activity under Chapter 2.

  734. 269 — Requirement for survey acquisition report and data

    269 Requirement for survey acquisition report and data (1) A petroleum titleholder who undertakes a Reg. 269(1) amended by geophysical or geological survey in a title area S.R. No. must give the Minister a survey acquisition report 133/2012 reg. 73. and all survey acquisition data within— (a) for a 2-dimensional seismic survey— 12 months after the day on which the acquisition of the data is completed; or (b) in the case of a 3-dimensional seismic survey—18 months after the day on which the acquisition of the data is completed; or Authorised by the Chief Parliamentary Counsel 283 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders (c) in the case of any other type of survey— 6 months after the day on which acquisition of the data is completed; or (d) if the Minister authorises the titleholder to give the report and data within another period—the other period. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) In this regulation— survey acquisition data means— (a) in relation to a seismic survey—each type of data mentioned in an item in Part 1 of Schedule 9— (i) presented on a medium and in a format specified in the item; or (ii) presented on another medium or in another format which the Minister has authorised the petroleum titleholder to use; or (b) in relation to any other type of survey—each type of data mentioned in an item in Part 2 of Schedule 9 and presented in accordance with paragraph (a)(i) or (ii); survey acquisition report means a report that includes— (a) the name of the survey; and (b) the title under which the survey was conducted; and (c) the name of the titleholder; and Authorised by the Chief Parliamentary Counsel 284 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders (d) the name of the contractor that conducted the survey; and (e) the name of the vessel or aircraft that conducted the survey; and (f) a map of where the survey was conducted; and (g) the dates on which the survey started and ended; and (h) details of all data acquisition equipment and systems used; and (i) details of all positions and navigation equipment and systems used; and (j) the number of lines of data acquired in the survey and the number of data acquisition points along each line; and (k) navigation data for the survey, in the form of— (i) in the case of a 2-dimensional survey—line ends and bends; or (ii) in the case of a 3-dimensional seismic survey—a full fold polygon outline; or (iii) in the case of other 3-dimensional surveys—a polygon outline; and (l) the geometry of the acquisition parameters; and (m) the results of any onboard data processing; and (n) the results of any system tests, calibrations and diagnostics. Authorised by the Chief Parliamentary Counsel 285 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders

  735. 270 — Requirement for survey processing report and data

    270 Requirement for survey processing report and data Reg. 270(1) (1) A petroleum titleholder who undertakes a amended by S.R. No. geophysical or geological survey in a title area 133/2012 must give the Minister a survey processing report reg. 74. and all processed survey data within— (a) in the case of a 2-dimensional seismic survey—12 months after the day on which the acquisition of the data is completed; or (b) in the case of a 3-dimensional seismic survey—18 months after the day on which the acquisition of the data is completed; or (c) in the case of any other type of survey— 6 months after the day on which acquisition of the data is completed; or (d) if the Minister authorises the titleholder to give the report and data within another period—the other period. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) In this regulation— processed survey data means— (a) in relation to a 2-dimensional seismic survey—each type of data mentioned in an item in Part 1 of Schedule 10— (i) presented on a medium and in a format specified in the item; or (ii) presented on another medium or in another format which the Minister has authorised the petroleum titleholder to use; or Authorised by the Chief Parliamentary Counsel 286 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders (b) in relation to a 3-dimensional seismic survey—each type of data mentioned in an item in Part 2 of Schedule 10 and presented in accordance with paragraph (a)(i) or (ii); or (c) in relation to any other type of survey—each type of data mentioned in an item in Part 3 of Schedule 10 and presented in accordance with paragraph (a)(i) or (ii); survey processing report means a report that includes— (a) the name of the survey; and (b) the title under which the survey was conducted; and (c) the name of the titleholder; and (d) the dates on which processing of the survey started and ended; and (e) the name of the processing contractor; and (f) the purpose of the processing; and (g) a summary of the data acquisition parameters; and (h) details of all the processing sequences and techniques used; and (i) a sample Extended Binary Coded Decimal Interchange Code (EBCDIC) header from the final data set; and (j) listings of all processed data; and (k) in the case of a 3-dimensional survey— (i) a description of the position of the survey polygon; and Authorised by the Chief Parliamentary Counsel 287 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders (ii) a calculation for the 3-dimensional line numbering convention.

  736. 271 — Requirement for survey interpretation report and

    271 Requirement for survey interpretation report and data Reg. 271(1) (1) A petroleum titleholder who undertakes a amended by S.R. No. geophysical or geological survey in a title area 133/2012 must give the Minister a survey interpretation reg. 75. report and interpretative survey data within— (a) in the case of a seismic survey—18 months after the day on which the acquisition of the data is completed; or (b) in the case of any other type of survey— 12 months after the day on which the acquisition of the data is completed; or (c) if the Minister authorises the titleholder to give the report and data within another period—the other period. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) In this regulation— interpretative survey data means each type of data mentioned in an item in Schedule 11— (a) presented on a medium and in a format specified in the item; or (b) presented on another medium or in another format which the Minister has authorised the titleholder to use; Authorised by the Chief Parliamentary Counsel 288 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders survey interpretation report means a report that includes the following information— (a) the name of the survey; (b) the title under which the survey was conducted; (c) the name of the titleholder; (d) a description of the objectives of the interpretation; (e) in the case of a seismic survey— (i) a list of the surfaces interpreted; (ii) a justification of the surfaces interpreted, including synthetic seismograms if available; (iii) the velocity field used to convert time to depth (including ASCII data) and the basis for the velocity field; (iv) if available, time slices to describe the environment of deposition; (f) a bathymetric map of the survey area; (g) an index of the maps created during the interpretation. Subdivision 4—Other reports

  737. 272 — Requirement for monthly report from petroleum

    272 Requirement for monthly report from petroleum production licensee (1) A petroleum production licensee must give the Reg. 272(1) amended by Minister a monthly production report for a licence S.R. No. area within the period— 133/2012 reg. 76. (a) starting on the last day of the named month to which the report relates; and Authorised by the Chief Parliamentary Counsel 289 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders (b) ending 15 days after that day. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) In this regulation— monthly production report means a report that includes— (a) in relation to each well in the licence area— (i) the well's identification name and number; and (ii) a summary of all work that has been performed on the well during the month; and (iii) the results of production tests for the well, including the parameters of the test; and (iv) the well's operational status at the end of the month; and (v) the number of days of production during the month; and (vi) the cumulative quantities of water and of liquid and gaseous petroleum produced or injected as at the end of the month; and (b) in relation to the licence area, the total quantities of each of the following for the month— Authorised by the Chief Parliamentary Counsel 290 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders (i) liquid and gaseous petroleum produced; (ii) liquid and gaseous petroleum used; (iii) liquid and gaseous petroleum injected; (iv) gaseous petroleum flared or vented; (v) liquid petroleum stored; (vi) liquid and gaseous petroleum delivered from the area; (vii) water produced; (viii) water injected; and (c) the cumulative quantities of liquid and gaseous petroleum, and of water, that have been produced or injected as at the end of the month. Subdivision 5—Cores, cuttings and samples

  738. 273 — Requirement to give core, cutting or sample

    273 Requirement to give core, cutting or sample (1) A petroleum titleholder who— Reg. 273(1) amended by S.R. No. (a) drills a well or conducts another operation on 133/2012 a well in a title area; and reg. 77. (b) collects a kind of core, cutting or sample mentioned in column 2 of the table in subregulation (4)— must give the core, cutting or sample to the Minister within the time specified in column 4 of that table for that core, cutting or sample, or if the Minister authorises the titleholder to give that Authorised by the Chief Parliamentary Counsel 291 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders core, cutting or sample in another period—the other period. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. Note Division 2 sets out requirements for the collection and keeping of cores, cuttings and samples. (2) The titleholder must give the Minister the quantity of the core, cutting or sample specified for that item if that quantity is available. (3) If the specified quantity is not available, the titleholder must— (a) give the Minister an explanation why the specified quantity was not sent; and (b) tell the Minister the total amount of the core, cutting or sample that was recovered. (4) For the purposes of this regulation, the following table applies. Table Column 1 Column 2 Column 3 Column 4 Time by which Quantity of core, cutting or core, cutting sample must be Item Sample type or sample given

  739. 1 — Ditch cuttings 2 sets of The day

    1 Ditch cuttings 2 sets of The day 200 grams 6 months after dry weight the rig release per sample date interval 1

  740. 2 — Full hole /3 of the The day

    2 Full hole /3 of the The day conventional core 6 months after cores the rig release date Authorised by the Chief Parliamentary Counsel 292 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders 2

  741. 3 — Full hole /3 of the As soon as

    3 Full hole /3 of the As soon as conventional core practicable cores after the titleholder completes tests on the core

  742. 4 — Gaseous 300 cm3 As soon as

    4 Gaseous 300 cm3 As soon as hydrocarbon practicable samples after completion of the test during which the sample is collected

  743. 5 — Fluid 1 litre Either

    5 Fluid 1 litre Either— hydrocarbon (a) if the samples sample is collected during the drilling of a well— the day 6 months after the rig release date; or (b) if the sample is collected during a test on a completed well—as soon as practicable after collection of the sample

  744. 6 — Sidewall core All The day

    6 Sidewall core All The day material material 12 months collected after the rig release date Authorised by the Chief Parliamentary Counsel 293 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.7—Data management—petroleum titleholders

  745. 7 — Palynological All The day

    7 Palynological All The day slides and material 12 months residues, collected after the rig Paleontological release date material and Petrological slides Authorised by the Chief Parliamentary Counsel 294 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum Part 5.8—Release of technical information about petroleum Division 1—Preliminary

  746. 274 — Definitions

    274 Definitions In this Part— basic information means documentary information that is not interpretative information; disclosable information means documentary information that is not permanently confidential information; documentary information has the meaning given by section 733 of the Act; interpretative information has the meaning given by regulation 276; permanently confidential information has the meaning given by regulation 275; petroleum mining sample has the meaning given by section 733 of the Act. Division 2—Classification of documentary information

  747. 275 — Meaning of permanently confidential information

    275 Meaning of permanently confidential information (1) This regulation sets out the 4 situations in which documentary information is permanently confidential information. (2) Despite anything else in this Division, excluded information is permanently confidential information. Note Excluded information is defined in regulation 187. Authorised by the Chief Parliamentary Counsel 295 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum (3) Documentary information given by a person to the Minister is permanently confidential information if the Minister considers the information to be— (a) a trade secret; or (b) information the disclosure of which would, or could reasonably be expected to, adversely affect the person's business, commercial or financial affairs. (4) Documentary information given by a person to the Minister is permanently confidential information if— (a) when the information was given, the person told the Minister in writing that the person classified the information as— (i) a trade secret; or (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person's business, commercial or financial affairs; and (b) the Minister did not give the person a notice under regulation 277(1) disputing the classification. (5) Documentary information given by a person to the Minister is permanently confidential information if— (a) when the information was given, the person told the Minister in writing that the person classified the information as— (i) a trade secret; or (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person's Authorised by the Chief Parliamentary Counsel 296 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum business, commercial or financial affairs; and (b) the Minister gave the person a notice under regulation 277(1) disputing the classification; and (c) either— (i) the time for making an objection in response to the notice has not elapsed; or (ii) the person has made an objection in response to the notice, and the objection remains in force.

  748. 276 — Meaning of interpretative information

    276 Meaning of interpretative information (1) This regulation sets out the 3 situations in which documentary information is interpretative information. (2) Documentary information given by a person to the Minister is interpretative information if the Minister considers the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information. (3) Documentary information given by a person to the Minister is interpretative information if— (a) when the information was given, the person told the Minister in writing that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and (b) the Minister did not give the person a notice under regulation 277(2) disputing the classification. Authorised by the Chief Parliamentary Counsel 297 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum (4) Documentary information given by a person to the Minister is interpretative information if— (a) when the information was given, the person told the Minister in writing that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and (b) the Minister gave the person a notice under regulation 277(2) disputing the classification; and (c) either— (i) the time for making an objection in response to the notice has not elapsed; or (ii) the person has made an objection in response to the notice, and the objection remains in force.

  749. 277 — Classification dispute notice

    277 Classification dispute notice (1) The Minister may give a person a written notice disputing the classification of documentary information as permanently confidential information if— (a) the person gave the documentary information to the Minister; and (b) when the information was given, the person told the Minister in writing that the person classified the information as— (i) a trade secret; or (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person's business, commercial or financial affairs; and Authorised by the Chief Parliamentary Counsel 298 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum (c) the Minister does not consider the information to be— (i) a trade secret; or (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person's business, commercial or financial affairs. (2) The Minister may give a person a written notice disputing the classification of documentary information as interpretative information if— (a) the person gave the documentary information to the Minister; and (b) when the information was given, the person told the Minister in writing that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and (c) the Minister does not consider the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information. (3) A notice under subregulation (1) or (2) must be given within 30 days after the Minister receives the documentary information to which it relates. (4) The Minister may combine 2 or more notices to the same person under subregulation (1) or (2), or both, into a single notice. (5) A notice must include the following— (a) if the notice is given under subregulation (1)—a statement that the Minister considers the information to be disclosable information and proposes to treat it as disclosable information under this Part; Authorised by the Chief Parliamentary Counsel 299 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum (b) if the notice is given under subregulation (2)—a statement that the Minister considers the information to be basic information and proposes to treat it as basic information under this Part; (c) a statement inviting the person to make a written objection to the Minister's proposal to treat the information as— (i) if the notice is given under subregulation (1)—disclosable information; and (ii) if the notice is given under subregulation (2)—basic information; (d) the date by which an objection must be given to the Minister; (e) a statement that if the person does not make an objection by the specified date, the information will be taken under this Part to be— (i) if the notice is given under subregulation (1)—disclosable information; and (ii) if the notice is given under subregulation (2)—basic information. (6) For the purposes of subregulation (5)(d), the date must be at least 45 days after the date the notice is issued.

  750. 278 — Making an objection

    278 Making an objection (1) If a person has received a notice from the Minister under regulation 277, the person may make an objection to the classification of the information. (2) The objection may relate to all of the information described in the notice, or a specified part of the information. Authorised by the Chief Parliamentary Counsel 300 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum (3) If the notice is given under both regulation 277(1) and (2), the objection must state whether the objection is— (a) on the ground that the information should be treated as permanently confidential information; or (b) on the ground that the information should be treated as interpretative information; or (c) on both grounds. (4) The objection must be made in writing to the Minister on or before the date specified in the notice. (5) A valid objection remains in force until it ceases to be in force under regulation 281.

  751. 279 — Consideration of objection by Minister

    279 Consideration of objection by Minister (1) If the Minister receives a valid objection from a person, the Minister must consider the objection and decide whether to allow or disallow the objection. (2) The Minister may allow the objection for part of the documentary information to which it relates, and disallow the objection for another part. (3) The Minister must notify the person in writing of the Minister's decision within 45 days after the Minister receives the objection.

  752. 280 — Review of decision by Minister

    280 Review of decision by Minister (1) For the purposes of section 740(2) of the Act, a person may, in writing, ask the Minister to review a decision of the Minister under regulation 279 to disallow an objection (the regulation 279 decision). Authorised by the Chief Parliamentary Counsel 301 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum (2) The request— (a) must be given to the Minister within 30 days after the day on which the person was given notice of the regulation 279 decision; and (b) must set out the grounds for making the request. (3) The person may withdraw the request by written notice given to the Minister. (4) The Minister must, within 45 days after receiving the request, review the regulation 279 decision and make a fresh decision that— (a) confirms the decision to disallow the objection; or (b) revokes the decision and substitutes another decision for it. (5) A decision made by the Minister in substitution for the regulation 279 decision may allow the objection for part of the documentary information to which it relates, and disallow the objection for another part. (6) The Minister must notify the person of the Minister's decision under this regulation as soon as practicable after making the decision. Note The person may seek further review of the Minister's decision— see Part 9.1 of the Act.

  753. 281 — When objection ceases to be in force

    281 When objection ceases to be in force An objection made by a person under regulation 278 ceases to be in force if— (a) the person withdraws the objection by notifying the Minister in writing; or Authorised by the Chief Parliamentary Counsel 302 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum (b) the Minister disallows the objection and the person does not seek review of the decision within the time allowed for an application for review; or (c) the Minister disallows the objection, all reviews of the Minister's decision have been finalised, and the decision standing after all reviews have been finalised is that the objection is disallowed. Division 3—Release of documentary information

  754. 282 — Purpose of Division

    282 Purpose of Division For the purposes of sections 734(2)(c) and 737(2)(c) of the Act, this Division sets out the circumstances in which the Minister may— (a) make documentary information publicly known; or (b) make documentary information available to a person (other than another Victorian Minister or a Minister of the Crown in right of another State or the Northern Territory or the Commonwealth).

  755. 283 — Release of open information about wells and surveys

    283 Release of open information about wells and surveys Despite anything else in this Division, the Minister may make open information about a well or open information about a survey publicly known at any time.

  756. 284 — Release of basic disclosable information

    284 Release of basic disclosable information (1) The Minister may make documentary information publicly known or make the documentary information available to a person if— (a) it is basic information; and (b) it is disclosable information; and Authorised by the Chief Parliamentary Counsel 303 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum (c) the relevant day for the information has passed. (2) Subject to subregulation (3), the relevant days for information relating to seismic surveys are set out in the following table. Table Item Type of seismic survey Relevant day

  757. 1 — A survey that collected The day 2 years

    1 A survey that collected The day 2 years exclusive data, if the survey after the was conducted under a acquisition of the petroleum production data was licence that is still in force completed

  758. 2 — A survey that collected The day 3 years

    2 A survey that collected The day 3 years exclusive data, if the survey after the was conducted under a acquisition of the petroleum title, other than a data was petroleum production completed licence, that is still in force

  759. 3 — A survey that collected The day of the

    3 A survey that collected The day of the exclusive data, if the survey expiry, surrender, was conducted under a cancellation, petroleum title that— revocation or (a) has expired; or termination (b) has been surrendered, cancelled, revoked or terminated before the expiry of the term of the title

  760. 4 — A survey that collected 2D The day 15 years

    4 A survey that collected 2D The day 15 years seismic data as non- after the exclusive data acquisition of the data was completed Authorised by the Chief Parliamentary Counsel 304 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum Item Type of seismic survey Relevant day

  761. 5 — A survey that collected 3D For the 3D data

    5 A survey that collected 3D For the 3D data— seismic data as non- the day 15 years exclusive data if either— after the (a) the 3D data; or acquisition of the data was (b) 2D data extracted from completed the 3D data, contained in a seismic extracted For the extracted data grid— 2D data—the day 5 years after the was required to be produced acquisition of the as a condition of the grant of 3D data was a petroleum title completed

  762. 6 — A survey that collected 3D For the 3D data

    6 A survey that collected 3D For the 3D data— seismic data as non- the day 15 years exclusive data if neither— after the (a) the 3D data; nor acquisition of the data was (b) 2D data extracted from completed the 3D data, contained in a seismic extracted For the extracted data grid— 2D data—the day 6 years after the was required to be produced acquisition of the as a condition of the grant of 3D data was a petroleum title completed (3) If data from a seismic survey has been reprocessed as a condition of the grant of a petroleum title, the relevant day for the documentary information obtained from the reprocessing is the later of— (a) the relevant day under subregulation (2) for the information relating to the original survey; or Authorised by the Chief Parliamentary Counsel 305 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum (b) 3 years after the last day of the year of the term of the title during which the reprocessing was done. Note See section 9 of the Act for what "year of the term" means. A year of the term of a title commences on the day on which the title comes into force or on any anniversary of that day. (4) The relevant days for documentary information relating to wells and to geophysical and geological surveys (other than seismic surveys) are set out in the following table. Table Item Type of survey Relevant day

  763. 1 — A survey that was The day 2 years

    1 A survey that was The day 2 years conducted under a after the acquisition petroleum production of the data was licence that is still in force completed

  764. 2 — A survey that was The day 3 years

    2 A survey that was The day 3 years conducted under a after the acquisition petroleum exploration of the data was permit, petroleum retention completed lease or scientific investigation consent that is still in force

  765. 3 — A survey that was The day of the

    3 A survey that was The day of the conducted under a expiry, surrender, petroleum exploration cancellation, permit, petroleum retention revocation or lease, petroleum termination production licence or scientific investigation consent that— (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title Authorised by the Chief Parliamentary Counsel 306 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum Item Type of survey Relevant day

  766. 4 — A survey conducted under The day 3 years

    4 A survey conducted under The day 3 years a petroleum special after the acquisition prospecting authority or of the data was petroleum access authority completed that collected exclusive data, if the authority is still in force

  767. 5 — A survey conducted under The day of the

    5 A survey conducted under The day of the a petroleum special expiry, surrender, prospecting authority or cancellation, petroleum access authority revocation or that collected exclusive termination data, if the authority— (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the authority

  768. 6 — A survey conducted under The day 6 years

    6 A survey conducted under The day 6 years a petroleum special after the acquisition prospecting authority or of the data was petroleum access authority completed that collected non- exclusive data (5) The relevant days for documentary information relating to wells are set out in the following table. Table If the regulated operation to which the information relates was conducted the relevant day Item under... is... 1 a petroleum production the day one year licence that is still in force after the end of the operation 2 a petroleum title, other the day 2 years than a petroleum after the end of the production licence, that is operation still in force Authorised by the Chief Parliamentary Counsel 307 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum If the regulated operation to which the information relates was conducted the relevant day Item under... is... 3 a petroleum title that— the day of the (a) has expired; or expiry, surrender, cancellation, (b) has been surrendered, revocation or cancelled, revoked or termination terminated before the expiry of the term of the title Note End of the operation is defined in regulation 186.

  769. 285 — Release of interpretative disclosable information

    285 Release of interpretative disclosable information (1) The Minister may make documentary information publicly known or make documentary information available to a person if— (a) it is interpretative information; and (b) it is disclosable information; and (c) the information relates to the seabed or subsoil, or to petroleum, in a block; and (d) it is more than 5 years after the end of the operation to which the information relates. Note End of the operation is defined in regulation 186. (2) Before the documentary information is made available to a person, the fee worked out under regulation 352 is payable by the person.

  770. 286 — Release of documentary information—prior

    286 Release of documentary information—prior availability or consent (1) Subject to subregulation (2), the Minister may make documentary information publicly known or make documentary information available to a person if— Authorised by the Chief Parliamentary Counsel 308 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum (a) the petroleum titleholder who gave the information to the Minister has made the information publicly known; or (b) the petroleum titleholder who gave the information to the Minister has consented in writing to the information being made publicly known or made available, as the case may be. (2) If the documentary information relating to a block was given to the Minister under a petroleum special prospecting authority, a petroleum access authority or a petroleum scientific investigation consent, subregulation (1) applies only if the information relates to a period when no permit, lease or licence was in force over the block. (3) Before the documentary information is made available to a person, the fee worked out under regulation 352 is payable by the person. Division 4—Release of petroleum mining samples

  771. 287 — Purpose of Division

    287 Purpose of Division For the purposes of section 735(2)(c) of the Act, this Division sets out the circumstances in which the Minister may— (a) make publicly known any details of a petroleum mining sample; or (b) permit a person (other than another Victorian Minister or a Minister of the Crown in right of another State or the Northern Territory or the Commonwealth) to inspect a petroleum mining sample. Authorised by the Chief Parliamentary Counsel 309 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum

  772. 288 — Release of petroleum mining samples after relevant

    288 Release of petroleum mining samples after relevant day (1) The Minister may make publicly known details of a petroleum mining sample or permit a person to inspect the sample if the relevant day for the sample has passed. (2) The relevant days for petroleum mining samples are set out in the following table. Table Regulated operation to which the sample relates Item was conducted under... the relevant day is... 1 a petroleum production the day one year licence that is still in force after the end of the operation 2 a petroleum title, other the day 2 years after than a petroleum the end of the production licence, that is operation still in force 3 a petroleum title that— the day of the (a) has expired; or expiry, surrender, cancellation, (b) has been surrendered, revocation or cancelled, revoked or termination terminated before the expiry of the term of the title

  773. 289 — Release of petroleum mining samples—prior

    289 Release of petroleum mining samples—prior availability or consent (1) Subject to subregulation (2), the Minister may make publicly known any details of a petroleum mining sample or permit a person to inspect the sample if— (a) the petroleum titleholder who gave the sample to the Minister has made publicly known those details of the sample; or Authorised by the Chief Parliamentary Counsel 310 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.8—Release of technical information about petroleum (b) the petroleum titleholder who gave the sample to the Minister has caused to be made publicly known those details of the sample; or (c) the petroleum titleholder who gave the sample to the Minister has consented in writing to details of the sample being made publicly known or to the sample being made available for inspection. (2) If a petroleum mining sample from a block was given to the Minister under a petroleum special prospecting authority, a petroleum access authority or a petroleum scientific investigation consent, subregulation (1) only applies if the sample was obtained during a period when no permit, lease or licence was in force over the block. (3) Before a person is permitted to inspect the sample, the fee worked out under regulation 353 is payable by the person. Authorised by the Chief Parliamentary Counsel 311 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders Part 5.9—Data management—greenhouse gas titleholders Division 1—Requirements to keep information

  774. 290 — Purpose of Division

    290 Purpose of Division The purpose of this Division is to set out requirements for the purposes of section 744(1)(a) of the Act for and in relation to greenhouse gas titleholders keeping accounts, records and other documents in connection with operations in the offshore area. Reg. 291 291 Requirement to securely retain information amended by S.R. No. 133/2012 A greenhouse gas titleholder who keeps accounts, reg. 78. records or other documents in connection with an operation in the offshore area must securely retain the accounts, records and other documents. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units. Reg. 292 292 Requirement to retain information so that retrieval amended by S.R. No. is reasonably practicable 133/2012 reg. 79. A greenhouse gas titleholder who keeps accounts, records or other documents in connection with an operation in the offshore area must retain the accounts, records or other documents so that retrieval of the accounts, records or other documents is reasonably practicable. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units. Authorised by the Chief Parliamentary Counsel 312 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders Division 2—Requirements for collection and retention of cores, cuttings and samples

  775. 293 — Purpose of Division

    293 Purpose of Division The purpose of this Division is to set out requirements for the purposes of section 744(1)(b) of the Act for and in relation to greenhouse gas titleholders collecting and retaining cores, cuttings and samples in connection with operations in the offshore area.

  776. 294 — Requirement to retain core, cutting or sample Reg. 294

    294 Requirement to retain core, cutting or sample Reg. 294 amended by S.R. No. A greenhouse gas titleholder must retain any core, 133/2012 cutting or sample that the titleholder collects in reg. 80. relation to an operation that the titleholder undertakes in the offshore area. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units.

  777. 295 — Requirement to retain core, cutting or sample in Reg. 295

    295 Requirement to retain core, cutting or sample in Reg. 295 amended by Australia S.R. No. 133/2012 A greenhouse gas titleholder who collects a core, reg. 81. cutting or sample relating to an operation that the titleholder undertakes in the offshore area must retain the core, cutting or sample in Australia unless the Minister has authorised the titleholder to retain the core, cutting or sample outside Australia. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units. Authorised by the Chief Parliamentary Counsel 313 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders Reg. 296 296 Requirement to return core, cutting or sample to amended by Australia S.R. No. 133/2012 A greenhouse gas titleholder who is authorised by reg. 82. the Minister to keep a core, cutting or sample outside Australia must ensure that the core, cutting or sample is returned to Australia within— (a) 12 months after the authorisation is given; or (b) a longer period authorised by the Minister. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units. Reg. 297 297 Requirement to provide report about overseas amended by S.R. No. analysis of core, cutting or sample 133/2012 reg. 83. A greenhouse gas titleholder who is authorised by the Minister to keep a core, cutting or sample outside Australia for the purpose of analysis must give the Minister a report about the progress of the analysis within— (a) the period of 12 months beginning when the authorisation is given; and (b) the end of each subsequent period of 12 months. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. Authorised by the Chief Parliamentary Counsel 314 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders

  778. 298 — Requirement to securely retain core, cutting or Reg. 298

    298 Requirement to securely retain core, cutting or Reg. 298 sample amended by S.R. No. A greenhouse gas titleholder who collects a core, 133/2012 reg. 84. cutting or sample in connection with an operation in the offshore area must securely retain the core, cutting or sample. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units.

  779. 299 — Requirement to retain core, cutting or sample so Reg. 299

    299 Requirement to retain core, cutting or sample so Reg. 299 amended by that retrieval is reasonably practicable S.R. No. 133/2012 A greenhouse gas titleholder who collects a core, reg. 85. cutting or sample in connection with an operation in the offshore area must retain the core, cutting or sample so that retrieval of the core, cutting or sample is reasonably practicable. Penalty: In the case of a body corporate, 150 penalty units; In the case of a natural person, 30 penalty units. Division 3—Requirements for giving reports and samples Subdivision 1—Preliminary

  780. 300 — Purpose of Division

    300 Purpose of Division The purpose of this Division is to set out requirements in accordance with section 744(1)(c) of the Act for greenhouse gas titleholders to give reports and cores, cuttings or samples to the Minister. Authorised by the Chief Parliamentary Counsel 315 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders Subdivision 2—Reports about drilling wells

  781. 301 — Requirement for daily drilling report

    301 Requirement for daily drilling report Reg. 301(1) (1) A greenhouse gas titleholder who undertakes amended by S.R. No. drilling operations in a title area on a day must 133/2012 give the Minister a daily drilling report by midday reg. 86. on the day after the day to which the report relates. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) In this regulation— daily drilling report means a report that includes— (a) the name of the well; and (b) the location of the well by latitude and longitude; and (c) the water depth at the well; and (d) the drilled depth; and (e) the work carried out; and (f) the lithology of formations penetrated; and (g) details of any indication of hydrocarbons; and (h) a summary of the material used; and (i) drilling fluid losses; and (j) a leak off test summary; and (k) the geometry of the well bore; and Authorised by the Chief Parliamentary Counsel 316 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders (l) the results of surveys made in the well bore; and (m) the estimated daily and cumulative well costs.

  782. 302 — Requirement for initial well completion report and

    302 Requirement for initial well completion report and data (1) A greenhouse gas titleholder who undertakes Reg. 302(1) amended by drilling operations in a title area must give the S.R. No. Minister an initial well completion report and all 133/2012 reg. 87. initial well completion data within— (a) 6 months after the rig release date; or (b) if the Minister authorises the titleholder to give the report and data within another period—the other period. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) In this regulation— initial well completion data means each type of data mentioned in an item in Schedule 7— (a) presented on a medium and in a format specified in the item; or (b) presented on another medium or in another format which the Minister has authorised the greenhouse gas titleholder to use; initial well completion report means a report that includes all of the information listed in subregulation (3). Authorised by the Chief Parliamentary Counsel 317 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders (3) For the purposes of the definition of initial well completion report in subregulation (2), the information required is in the following table. Table Item Information required 1 The name of the well 2 The name of the title area in which the well is located 3 The location of the well, in the form of— (a) latitude and longitude; and (b) map sheet name and graticular block number; and (c) seismic line location and shotpoint number

  783. 4 — The results of a check survey of the location of

    4 The results of a check survey of the location of— (a) for a subsea well—the wellhead; or (b) in any other case—the top of the casing supporting the blow-out preventer

  784. 5 — If the well is a sidetrack—the name of the parent

    5 If the well is a sidetrack—the name of the parent well

  785. 6 — The names of the rig contractor and rig operator

    6 The names of the rig contractor and rig operator

  786. 7 — The name of the rig drilling the well

    7 The name of the rig drilling the well

  787. 8 — The rig's make and model

    8 The rig's make and model

  788. 9 — The names of the contractors for

    9 The names of the contractors for— (a) cementing; and (b) wireline logging; and (c) measurements while drilling (MWD); and (d) logging while drilling (LWD); and (e) mudlogging

  789. 10 — Names of MWD and LWD tools used

    10 Names of MWD and LWD tools used

  790. 11 — List of log runs for wireline logging and velocity

    11 List of log runs for wireline logging and velocity surveys

  791. 12 — The purpose of the well (for example

    12 The purpose of the well (for example development, appraisal, exploration or stratigraphy) Authorised by the Chief Parliamentary Counsel 318 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders Item Information required

  792. 13 — The outcome of the well operation (for example

    13 The outcome of the well operation (for example completion of the well as an injector, suspension or abandonment)

  793. 14 — Raw pressure-time listings for any formation fluid

    14 Raw pressure-time listings for any formation fluid sample tests and production tests

  794. 15 — The spud date

    15 The spud date

  795. 16 — The rig release date

    16 The rig release date

  796. 17 — What is being used as the depth reference for the

    17 What is being used as the depth reference for the well (for example the Kelly bushing or the rig floor)

  797. 18 — The height of the depth reference above sea level

    18 The height of the depth reference above sea level

  798. 19 — The water depth at the well

    19 The water depth at the well

  799. 20 — The measured depth of the well

    20 The measured depth of the well

  800. 21 — The true vertical depth of the well

    21 The true vertical depth of the well

  801. 22 — If applicable, the depth of perforation in the

    22 If applicable, the depth of perforation in the storage formation

  802. 23 — The date on which the total depth was reached

    23 The date on which the total depth was reached

  803. 24 — If the well is deviated or horizontal

    24 If the well is deviated or horizontal— (a) the surveyed path of the well; and (b) the coordinates of the bottom of the well bore; and (c) if applicable, the coordinates and true vertical depth of the intersection of the well with the storage formation

  804. 25 — Particulars of equipment and casing installed on

    25 Particulars of equipment and casing installed on or in the well, including schematics

  805. 26 — If applicable, information on cementing

    26 If applicable, information on cementing operations and schematics of abandonment

  806. 27 — Bit records

    27 Bit records

  807. 28 — Drilling fluids used

    28 Drilling fluids used

  808. 29 — Drilling fluid losses

    29 Drilling fluid losses

  809. 30 — List of cores, cuttings and samples taken, and

    30 List of cores, cuttings and samples taken, and their depths and intervals Authorised by the Chief Parliamentary Counsel 319 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders

  810. 303 — Requirement for final well completion report and

    303 Requirement for final well completion report and data Reg. 303(1) (1) A greenhouse gas titleholder who undertakes amended by S.R. No. drilling operations in a title area must give the 133/2012 Minister a final well completion report and all reg. 88. final well completion data within— (a) 12 months after the rig release date; or (b) if the Minister authorises the greenhouse gas titleholder to give the report and data within another period—the other period. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) In this regulation— final well completion data means each type of data mentioned in an item in Schedule 8— (a) presented on a medium and in a format specified in the item; or (b) presented on another medium or in another format which the Minister has authorised the greenhouse gas titleholder to use; final well completion report means a report that includes all of the information listed in subregulation (3). (3) For the purposes of the definition of final well completion report in subregulation (2), the information required is set out in the following table. Authorised by the Chief Parliamentary Counsel 320 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders Table Item Information required

  811. 1 — The name of the well

    1 The name of the well

  812. 2 — The name of the title area in which the well is

    2 The name of the title area in which the well is located

  813. 3 — The location of the well, in the form of

    3 The location of the well, in the form of— (a) latitude and longitude; and (b) map sheet name and graticular block number; and (c) seismic line location and shotpoint number

  814. 4 — If the well is a sidetrack—the name of the parent

    4 If the well is a sidetrack—the name of the parent well

  815. 5 — The names of the rig contractor and rig operator

    5 The names of the rig contractor and rig operator

  816. 6 — The name of the rig drilling the well

    6 The name of the rig drilling the well

  817. 7 — The rig's make and model

    7 The rig's make and model

  818. 8 — The names of the contractors for

    8 The names of the contractors for— (a) cementing; and (b) wireline logging; and (c) measurements while drilling (MWD); and (d) logging while drilling (LWD); and (e) mudlogging

  819. 9 — The purpose of the well (for example

    9 The purpose of the well (for example development, appraisal, exploration or stratigraphy)

  820. 10 — The outcome of the well operation (for example

    10 The outcome of the well operation (for example completion of the well as an injector, suspension or abandonment)

  821. 11 — Raw pressure-time listings for any formation fluid

    11 Raw pressure-time listings for any formation fluid sample tests and production tests

  822. 12 — The spud date

    12 The spud date

  823. 13 — The rig release date

    13 The rig release date

  824. 14 — What is being used as the depth reference for the

    14 What is being used as the depth reference for the well (for example the Kelly bushing or the rig floor)

  825. 15 — The height of the depth reference above sea level

    15 The height of the depth reference above sea level

  826. 16 — The water depth at the well

    16 The water depth at the well Authorised by the Chief Parliamentary Counsel 321 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders Item Information required

  827. 17 — The measured depth of the well

    17 The measured depth of the well

  828. 18 — The true vertical depth of the well

    18 The true vertical depth of the well

  829. 19 — If applicable, the depth of perforation in the

    19 If applicable, the depth of perforation in the storage formation

  830. 20 — The date on which the total depth was reached

    20 The date on which the total depth was reached

  831. 21 — If the well is deviated or horizontal

    21 If the well is deviated or horizontal— (a) the surveyed path of the well; and (b) the coordinates of the bottom of the well bore; and (c) if applicable, the coordinates and true vertical depth of the intersection of the well with the storage formation

  832. 22 — Particulars of equipment and casing installed on

    22 Particulars of equipment and casing installed on or in the well, including schematics

  833. 23 — Bit records

    23 Bit records

  834. 24 — Drilling fluids used

    24 Drilling fluids used

  835. 25 — Drilling fluid losses

    25 Drilling fluid losses

  836. 26 — List of cores, cuttings and samples taken, and

    26 List of cores, cuttings and samples taken, and their depths and intervals

  837. 27 — List of logs acquired

    27 List of logs acquired

  838. 28 — Details of any hydrocarbon indications

    28 Details of any hydrocarbon indications

  839. 29 — The measured depth and true vertical depth of

    29 The measured depth and true vertical depth of marker horizons or formation tops

  840. 30 — Geological interpretations of the observations

    30 Geological interpretations of the observations made as a result of drilling the well, including— (a) lithology; and (b) stratigraphy; and (c) storage formation properties and quality; and (d) geochemistry of formation rocks if available; and (e) environment of deposition if available Authorised by the Chief Parliamentary Counsel 322 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders Subdivision 3—Reports about geophysical and geological surveys

  841. 304 — Requirement for weekly survey report

    304 Requirement for weekly survey report (1) A greenhouse gas titleholder who undertakes a Reg. 304(1) amended by geophysical or geological survey in a title area S.R. No. must give the Minister a weekly survey report as 133/2012 reg. 89. soon as practicable after the end of each week of the survey. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) In this regulation— weekly survey report means a report that includes— (a) the name of the survey; and (b) the title under which the survey is being conducted; and (c) the name of the titleholder; and (d) the name of the contractor conducting the survey; and (e) the name of the vessel or aircraft conducting the survey; and (f) a map showing where the survey was conducted during the week; and (g) the number of kilometres or square kilometres for which data was acquired during the week; and (h) the number of points at which data was acquired during the week; and (i) the number of lines of data acquired during the week; and Authorised by the Chief Parliamentary Counsel 323 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders (j) the amount of downtime during the week due to equipment problems, bad weather or other circumstances; and (k) the percentage of the survey completed at the end of the week; week of the survey means— (a) the week starting on the first day of data acquisition; and (b) each subsequent week. Note Notice of a geophysical or geological survey is required under regulation 335, and the survey will also require approval as an activity under Chapter 2.

  842. 305 — Requirement for survey acquisition report and data

    305 Requirement for survey acquisition report and data Reg. 305(1) (1) A greenhouse gas titleholder who undertakes a amended by S.R. No. geophysical or geological survey in a title area 133/2012 must give the Minister a survey acquisition report reg. 90. and all survey acquisition data within— (a) in the case of a 2-dimensional seismic survey—12 months after the day on which the acquisition of the data is completed; or (b) in the case of a 3-dimensional seismic survey—18 months after the day on which the acquisition of the data is completed; or (c) in the case of any other type of survey— 6 months after the day on which acquisition of the data is completed; or (d) if the Minister authorises the titleholder to give the report and data within another period—the other period. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. Authorised by the Chief Parliamentary Counsel 324 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders (2) In this regulation— survey acquisition data means— (a) in relation to a seismic survey—each type of data mentioned in an item in Part 1 of Schedule 9— (i) presented on a medium and in a format specified in the item; or (ii) presented on another medium or in another format which the Minister has authorised the greenhouse gas titleholder to use; or (b) in relation to any other type of survey—each type of data mentioned in an item in Part 2 of Schedule 9 and presented in accordance with paragraph (a)(i) or (ii); survey acquisition report means a report that includes— (a) the name of the survey; and (b) the title under which the survey was conducted; and (c) the name of the titleholder; and (d) the name of the contractor that conducted the survey; and (e) the name of the vessel or aircraft that conducted the survey; and (f) a map of where the survey was conducted; and (g) the dates on which the survey started and ended; and (h) details of all data acquisition equipment and systems used; and Authorised by the Chief Parliamentary Counsel 325 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders (i) details of all positions and navigation equipment and systems used; and (j) the number of lines of data acquired in the survey and the number of data acquisition points along each line; and (k) navigation data for the survey, in the form of— (i) in the case of a 2-dimensional survey—line ends and bends; or (ii) in the case of a 3-dimensional seismic survey—a full fold polygon outline; or (iii) in the case of other 3-dimensional surveys—a polygon outline; and (l) the geometry of the acquisition parameters; and (m) the results of any onboard data processing; and (n) the results of any system tests, calibrations and diagnostics.

  843. 306 — Requirement for survey processing report and data

    306 Requirement for survey processing report and data Reg. 306(1) (1) A greenhouse gas titleholder who undertakes a amended by S.R. No. geophysical or geological survey in a title area 133/2012 must give the Minister a survey processing report reg. 91. and all processed survey data within— (a) in the case of a 2-dimensional seismic survey—12 months after the day on which the acquisition of the data is completed; or (b) in the case of a 3-dimensional seismic survey—18 months after the day on which the acquisition of the data is completed; or Authorised by the Chief Parliamentary Counsel 326 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders (c) in the case of any other type of survey— 6 months after the day on which acquisition of the data is completed; or (d) if the Minister authorises the titleholder to give the report within another period—the other period. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) In this regulation— processed survey data means— (a) in relation to a 2-dimensional seismic survey—each type of data mentioned in an item in Part 1 of Schedule 10— (i) presented on a medium and in a format specified in the item; or (ii) presented on another medium or in another format which the Minister has authorised the greenhouse gas titleholder to use; or (b) in relation to a 3-dimensional seismic survey—each type of data mentioned in an item in Part 2 of Schedule 10 and presented in accordance with paragraph (a)(i) or (ii); or (c) in relation to any other type of survey—each type of data mentioned in an item in Part 3 of Schedule 10 and presented in accordance with paragraph (a)(i) or (ii); Authorised by the Chief Parliamentary Counsel 327 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders survey processing report means a report that includes— (a) the name of the survey; and (b) the title under which the survey was conducted; and (c) the name of the titleholder; and (d) the dates on which processing of the survey started and ended; and (e) the name of the processing contractor; and (f) the purpose of the processing; and (g) a summary of the data acquisition parameters; and (h) details of all the processing sequences and techniques used; and (i) a sample Extended Binary Coded Decimal Interchange Code (EBCDIC) header from the final data set; and (j) listings of all processed data; and (k) in the case of a 3-dimensional survey— (i) a description of the position of the survey polygon; and (ii) a calculation for the 3-dimensional line numbering convention.

  844. 307 — Requirement for survey interpretation report and

    307 Requirement for survey interpretation report and data Reg. 307(1) (1) A greenhouse gas titleholder who undertakes a amended by S.R. No. geophysical or geological survey in a title area 133/2012 must give the Minister a survey interpretation reg. 92. report and interpretative survey data within— Authorised by the Chief Parliamentary Counsel 328 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders (a) in the case of a seismic survey—18 months after the day on which the acquisition of the data is completed; or (b) in the case of any other type of survey— 12 months after the day on which the acquisition of the data is completed; or (c) if the Minister authorises the titleholder to give the report within another period—the other period. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) In this regulation— interpretative survey data means each type of data mentioned in an item in Schedule 11— (a) presented on a medium and in a format specified in the item; or (b) presented on another medium or in another format which the Minister has authorised the greenhouse gas titleholder to use; survey interpretation report means a report that includes the following information— (a) the name of the survey; (b) the title under which the survey was conducted; (c) the name of the titleholder; (d) a description of the objectives of the interpretation; Authorised by the Chief Parliamentary Counsel 329 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders (e) in the case of a seismic survey— (i) a list of the surfaces interpreted; (ii) a justification of the surfaces interpreted, including synthetic seismograms if available; (iii) the velocity field used to convert time to depth (including ASCII data) and the basis for the velocity field; (iv) if available, time slices to describe the environment of deposition; (f) a bathymetric map of the survey area; (g) an index of the maps created during the interpretation. Subdivision 4—Other reports

  845. 308 — Requirement for greenhouse gas injection monthly

    308 Requirement for greenhouse gas injection monthly report—greenhouse gas injection licensee Reg. 308(1) (1) A greenhouse gas injection licensee must give the amended by S.R. No. Minister a greenhouse gas injection monthly 133/2012 report for a licence area within the period— reg. 93. (a) starting on the last day of the named month to which the report relates; and (b) ending 15 days after that day. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. Authorised by the Chief Parliamentary Counsel 330 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders (2) In this regulation— greenhouse gas injection monthly report means a report that includes— (a) in relation to each well in the licence area— (i) the well's identification name and number; and (ii) a summary of all work that has been performed on the well during the month; and (iii) the results of any tests conducted during the month; and (iv) the well's operational status at the end of the month; and (v) the average, maximum and minimum values during the month for injection pressure, temperature and flow rate, at both the wellhead and the bottom of the well bore; and (vi) if the well was shut at any time during the month—the shut-in wellhead pressure; and (vii) the number of days of greenhouse gas injection during the month; and (viii) the cumulative quantities of greenhouse gas substance that has been injected, and water that has been produced or injected, as at the end of the month; and Authorised by the Chief Parliamentary Counsel 331 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders (b) the total quantities of greenhouse gas substance that has been injected, and water that has been produced or injected, during the month; and (c) the average composition of the greenhouse gas substance injected during the month; and (d) the sources of the greenhouse gas substances injected; and (e) the estimated average pressure in the storage formation.

  846. 309 — Requirement for greenhouse gas injection annual

    309 Requirement for greenhouse gas injection annual report—greenhouse gas injection licensee Reg. 309(1) (1) A greenhouse gas injection licensee must give a amended by S.R. No. greenhouse gas injection annual report for a 133/2012 licence area to the Minister within the period— reg. 94. (a) starting on the last day of the financial year to which the report relates; and (b) ending on the day 4 months after that day. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. (2) In this regulation— greenhouse gas injection annual report means a report that includes, for a year— (a) information about the chemical composition and physical properties of the injected greenhouse gas substance and any incidental greenhouse gas-related substances, including isotopic compositions; and Authorised by the Chief Parliamentary Counsel 332 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders (b) information about the location and direction of movement of the greenhouse gas substances injected; and (c) the results of maintenance operations and well bore integrity tests; and (d) history-matched model estimates of remaining storage capacity in the identified greenhouse gas storage formation. Note Incidental greenhouse gas-related substance is defined in section 25 of the Act.

  847. 310 — Requirement for monthly greenhouse gas

    310 Requirement for monthly greenhouse gas accounting report—greenhouse gas injection licensee (1) A greenhouse gas injection licensee must give a Reg. 310(1) amended by monthly greenhouse gas accounting report for a S.R. No. licence area to the Minister within the period— 133/2012 reg. 95. (a) starting on the last day of the named month to which the report relates; and (b) ending on the day 15 days after that day. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. (2) In this regulation— monthly greenhouse gas accounting report means a report that includes, for a month— (a) the quantity of greenhouse gas substance that has been put into the system, as measured at— (i) the source of the greenhouse gas substance; or Authorised by the Chief Parliamentary Counsel 333 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders (ii) if the greenhouse gas substance becomes the responsibility of the licensee at a point other than its source—that point; and (b) the quantity of greenhouse gas substance measured at the last measuring point before injection; and (c) the average composition of the greenhouse gas substance injected; and (d) the maximum and minimum injection rates during the month; and (e) the quantity of the greenhouse gas substance lost, and emissions of additional greenhouse gases generated, in each of the following processes— (i) compression; (ii) transportation; (iii) injection; and (f) an explanation of how each of the quantities mentioned in paragraph (e) was worked out; and (g) the quantity of greenhouse gas substance lost from the well bore; and (h) the quantity of greenhouse gas substance lost from the storage formation; and (i) the quantity of greenhouse gases emitted from the discharge of produced formation fluids. Note The Minister must make the information in the report publicly known within 15 days after the Minister receives the report—see regulation 322. Authorised by the Chief Parliamentary Counsel 334 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders

  848. 311 — Requirement for annual greenhouse gas accounting

    311 Requirement for annual greenhouse gas accounting report greenhouse gas injection licensee (1) A greenhouse gas injection licensee must give an Reg. 311(1) amended by annual greenhouse gas accounting report for a S.R. No. licence area to the Minister within the period— 133/2012 reg. 96. (a) starting on the last day of the financial year to which the report relates; and (b) ending on the day 4 months after that day. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. (2) In this regulation— annual greenhouse gas accounting report means a report that includes, for a year— (a) the quantity of greenhouse gas substance injected into the storage formation during the year; and (b) the cumulative quantity of greenhouse gas substance that has been stored as at the end of the year; and (c) the quantity of greenhouse gas substance lost, and emissions of additional greenhouse gases generated, in the processes of compression, transportation and injection; and (d) the quantity of greenhouse gas substance lost from the well bore; and (e) the quantity of greenhouse gas substance lost from the storage formation; and Authorised by the Chief Parliamentary Counsel 335 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders (f) an explanation of how losses of the greenhouse gas substance were estimated or measured; and (g) an assessment of the accuracy of the measurement or estimation of the quantities of the greenhouse gas substance. Note The Minister must make the information in the report publicly known within 30 days after the Minister receives the report—see regulation 322. Subdivision 5—Cores, cuttings and samples

  849. 312 — Requirement to give core, cutting or sample

    312 Requirement to give core, cutting or sample Reg. 312(1) (1) A greenhouse gas titleholder who— amended by S.R. No. 133/2012 (a) drills a well or conducts another operation on reg. 97. a well in a title area; and (b) collects a kind of core, cutting or sample mentioned in column 2 of the table in subregulation (4)— must give the core, cutting or sample to the Minister within the time specified in column 4 of that table for that core, cutting or sample, or if the Minister authorises the titleholder to give that core, cutting or sample within another period, that other period. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. Note Division 2 sets out requirements for the collection and keeping of cores, cuttings and samples. Authorised by the Chief Parliamentary Counsel 336 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders (2) The titleholder must give the Minister the quantity of the core, cutting or sample specified for that item if that quantity is available. (3) If the specified quantity is not available, the titleholder must— (a) give the Minister an explanation why the specified quantity was not sent; and (b) tell the Minister the total amount of the core, cutting or sample that was recovered. (4) For the purposes of this regulation the following table applies. Table Column 1 Column 2 Column 3 Column 4 Quantity of Time by which core, core, cutting cutting or sample must Item Sample type or sample be given

  850. 1 — Ditch cuttings one set of The day 6 months

    1 Ditch cuttings one set of The day 6 months 200 grams after the rig release dry weight date per sample interval 1

  851. 2 — Full hole /3 of the The day 6 months

    2 Full hole /3 of the The day 6 months conventional core after the rig release cores date

  852. 3 — Gaseous 300 cm3 As soon as

    3 Gaseous 300 cm3 As soon as hydrocarbon practicable after samples completion of the test during which the sample is collected Authorised by the Chief Parliamentary Counsel 337 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.9—Data management—greenhouse gas titleholders Column 1 Column 2 Column 3 Column 4 Quantity of Time by which core, core, cutting cutting or sample must Item Sample type or sample be given

  853. 4 — Fluid 1 litre Either

    4 Fluid 1 litre Either— hydrocarbon (a) if the sample samples is collected during the drilling of a well—the day 6 months after the rig release date; or (b) if the sample is collected during a test on a completed well—as soon as practicable after collection of the sample

  854. 5 — Sidewall core All The day 12 months

    5 Sidewall core All The day 12 months material material after the rig release collected date

  855. 6 — Palynological All The day 12 months

    6 Palynological All The day 12 months slides and material after the rig release residues, collected date Paleontological material and Petrological slides Authorised by the Chief Parliamentary Counsel 338 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas Part 5.10—Release of technical information about greenhouse gas Division 1—Preliminary

  856. 313 — Definitions

    313 Definitions In this Part— basic information means documentary information that is not interpretative information; disclosable information means documentary information that is not permanently confidential information. documentary information has the meaning given by section 756 of the Act; eligible sample has the meaning given by section 756 of the Act; interpretative information has the meaning given by regulation 315; permanently confidential information has the meaning given by regulation 314. Division 2—Classification of documentary information

  857. 314 — Meaning of permanently confidential information

    314 Meaning of permanently confidential information (1) This regulation sets out the 4 situations in which documentary information is permanently confidential information. (2) Despite anything else in this Division, excluded information is permanently confidential information. Note Excluded information is defined in regulation 187. Authorised by the Chief Parliamentary Counsel 339 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas (3) Documentary information given by a person to the Minister is permanently confidential information if the Minister considers the information to be— (a) a trade secret; or (b) information the disclosure of which would, or could reasonably be expected to, adversely affect the person's business, commercial or financial affairs. (4) Documentary information given by a person to the Minister is permanently confidential information if— (a) when the information was given, the person told the Minister in writing that the person classified the information as— (i) a trade secret; or (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person's business, commercial or financial affairs; and (b) the Minister did not give the person a notice under regulation 316(1) disputing the classification. (5) Documentary information given by a person to the Minister is permanently confidential information if— (a) when the information was given, the person told the Minister in writing that the person classified the information as— (i) a trade secret; or (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person's Authorised by the Chief Parliamentary Counsel 340 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas business, commercial or financial affairs; and (b) the Minister gave the person a notice under regulation 316(1) disputing the classification; and (c) either— (i) the time for making an objection in response to the notice has not elapsed; or (ii) the person has made an objection in response to the notice, and the objection remains in force.

  858. 315 — Meaning of interpretative information

    315 Meaning of interpretative information (1) This regulation sets out the 3 situations in which documentary information is interpretative information. (2) Documentary information given by a person to the Minister is interpretative information if the Minister considers the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information. (3) Documentary information given by a person to the Minister is interpretative information if— (a) when the information was given, the person told the Minister in writing that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and (b) the Minister did not give the person a notice under regulation 316(2) disputing the classification. Authorised by the Chief Parliamentary Counsel 341 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas (4) Documentary information given by a person to the Minister is interpretative information if— (a) when the information was given, the person told the Minister in writing that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and (b) the Minister gave the person a notice under regulation 316(2) disputing the classification; and (c) either— (i) the time for making an objection in response to the notice has not elapsed; or (ii) the person has made an objection in response to the notice, and the objection remains in force.

  859. 316 — Classification dispute notice

    316 Classification dispute notice (1) The Minister may give a person a written notice disputing the classification of documentary information as permanently confidential information if— (a) the person gave the documentary information to the Minister; and (b) when the information was given, the person told the Minister in writing that the person classified the information as— (i) a trade secret; or (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person's business, commercial or financial affairs; and Authorised by the Chief Parliamentary Counsel 342 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas (c) the Minister does not consider the information to be— (i) a trade secret; or (ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person's business, commercial or financial affairs. (2) The Minister may give a person a written notice disputing the classification of documentary information as interpretative information if— (a) the person gave the documentary information to the Minister; and (b) when the information was given, the person told the Minister in writing that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and (c) the Minister does not consider the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information. (3) A notice under subregulation (1) or (2) must be given within 30 days after the Minister receives the documentary information to which it relates. (4) The Minister may combine 2 or more notices to the same person under subregulation (1) or (2), or both, into a single notice. (5) A notice must include the following— (a) if the notice is given under subregulation (1)—a statement that the Minister considers the information to be disclosable information and proposes to treat it as disclosable information under this Part; Authorised by the Chief Parliamentary Counsel 343 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas (b) if the notice is given under subregulation (2)—a statement that the Minister considers the information to be basic information and proposes to treat it as basic information under this Part; (c) a statement inviting the person to make a written objection to the Minister's proposal to treat the information as— (i) if the notice is given under subregulation (1)—disclosable information; and (ii) if the notice is given under subregulation (2)—basic information; (d) the date by which an objection must be given to the Minister; (e) a statement that if the person does not make an objection by the specified date, the information will be taken under this Part to be— (i) if the notice is given under subregulation (1)—disclosable information; and (ii) if the notice is given under subregulation (2)—basic information. (6) For the purposes of subregulation (5)(d), the date must be at least 45 days after the date the notice is issued.

  860. 317 — Making an objection

    317 Making an objection (1) If a person has received a notice from the Minister under regulation 316, the person may make an objection to the classification of the information. (2) The objection may relate to all of the information described in the notice, or a specified part of the information. Authorised by the Chief Parliamentary Counsel 344 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas (3) If the notice is given under regulation 316(1) and (2), the objection must state whether the objection is— (a) on the ground that the information should be treated as permanently confidential information; or (b) on the ground that the information should be treated as interpretative information; or (c) on both grounds. (4) The objection must be made in writing to the Minister, on or before the date specified in the notice. (5) A valid objection remains in force until it ceases to be in force under regulation 319.

  861. 318 — Consideration of objection by Minister

    318 Consideration of objection by Minister (1) If the Minister receives a valid objection from a person, the Minister must consider the objection and decide whether to allow or disallow the objection. (2) The Minister may allow the objection for part of the documentary information to which it relates, and disallow the objection for another part. (3) The Minister must notify the person in writing of the Minister's decision within 45 days after the Minister receives the objection. Note The person may seek further review of the Minister's decision— see Part 9.1 of the Act.

  862. 319 — When objection ceases to be in force

    319 When objection ceases to be in force An objection made by a person under regulation 317 ceases to be in force if— (a) the person withdraws the objection by notifying the Minister in writing; or Authorised by the Chief Parliamentary Counsel 345 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas (b) the Minister disallows the objection, and the person does not seek review of the decision within the time allowed for an application for review; or (c) the Minister disallows the objection, all reviews of the Minister's decision have been finalised, and the decision standing after all reviews have been finalised is that the objection is disallowed. Division 3—Release of documentary information

  863. 320 — Purpose of Division

    320 Purpose of Division For the purposes of section 758(2)(c) of the Act, this Division sets out the circumstances in which the Minister may— (a) make documentary information publicly known; or (b) make documentary information available to a person (other than another Victorian Minister or a Minister of the Crown in right of another State or the Northern Territory or the Commonwealth).

  864. 321 — Release of open information about wells and surveys

    321 Release of open information about wells and surveys Despite anything else in this Division, the Minister may make open information about a well or open information about a survey publicly known at any time.

  865. 322 — Release of information from greenhouse gas

    322 Release of information from greenhouse gas accounting reports Despite anything else in this Division, the Minister must make documentary information contained in the reports mentioned in the following table publicly available within the time specified in the table. Authorised by the Chief Parliamentary Counsel 346 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas Table Period in which Minister must make documentary information in the report Item Report publicly available

  866. 1 — A monthly 15 days after the Minister

    1 A monthly 15 days after the Minister greenhouse gas receives the report accounting report given under regulation 310

  867. 2 — An annual 30 days after the Minister

    2 An annual 30 days after the Minister greenhouse gas receives the report accounting report given under regulation 311

  868. 323 — Release of basic disclosable information

    323 Release of basic disclosable information (1) The Minister may make documentary information publicly known or make the documentary information available to a person if— (a) it is basic information; and (b) it is disclosable information; and (c) the relevant day for the information has passed. (2) Subject to subregulation (3), the relevant days for information relating to seismic surveys are set out in the following table. Table Item Type of seismic survey Relevant day

  869. 1 — A survey that collected The day 2 years

    1 A survey that collected The day 2 years exclusive data, if the after the acquisition survey was conducted of the data was under a greenhouse gas completed injection licence that is still in force Authorised by the Chief Parliamentary Counsel 347 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas Item Type of seismic survey Relevant day

  870. 2 — A survey that collected The day 3 years

    2 A survey that collected The day 3 years exclusive data, if the after the acquisition survey was conducted of the data was under a greenhouse gas completed title, other than a greenhouse gas injection licence, that is still in force

  871. 3 — A survey that collected The day of the

    3 A survey that collected The day of the exclusive data, if the expiry, surrender, survey was conducted cancellation, under a greenhouse gas revocation or title that— termination (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry of the term of the title

  872. 4 — A survey that collected The day 15 years

    4 A survey that collected The day 15 years 2D seismic data as non- after the acquisition exclusive data of the data was completed

  873. 5 — A survey that collected For the 3D data

    5 A survey that collected For the 3D data— 3D seismic data as non- the day 15 years exclusive data if either— after the acquisition (a) the 3D data; or of the data was completed (b) 2D data extracted from the 3D data, For the extracted contained in a 2D data—the day seismic extracted data 5 years after the grid— acquisition of the 3D data was was required to be completed produced as a condition of the grant of a greenhouse gas title Authorised by the Chief Parliamentary Counsel 348 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas Item Type of seismic survey Relevant day

  874. 6 — A survey that collected 3D For the 3D data

    6 A survey that collected 3D For the 3D data— seismic data as non- the day 15 years exclusive data if neither— after the acquisition (a) the 3D data; nor of the data was completed (b) 2D data extracted from the 3D data, For the extracted contained in a 2D data—the day seismic extracted data 6 years after the grid— acquisition of the 3D data was was required to be completed produced as a condition of the grant of a greenhouse gas title (3) If data from a seismic survey has been reprocessed as a condition of the grant of a greenhouse gas title, the relevant day for the documentary information obtained from the reprocessing is the later of— (a) the relevant day under subregulation (2) for the information relating to the original survey; and (b) 3 years after the last day of the year of the term of the title during which the reprocessing was done. Note See section 10 of the Act for what "year of the term" means. A year of the term of a title commences on the day on which the title comes into force or on any anniversary of that day. (4) The relevant days for documentary information relating to geophysical and geological surveys (other than seismic surveys) are set out in the following table. Authorised by the Chief Parliamentary Counsel 349 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas Table Item Type of survey Relevant day

  875. 1 — A survey that was The day 2 years

    1 A survey that was The day 2 years conducted under a after the acquisition greenhouse gas injection of the data was licence that is still in force completed

  876. 2 — A survey that was The day 3 years

    2 A survey that was The day 3 years conducted under a after the acquisition greenhouse gas assessment of the data was permit, greenhouse gas completed holding lease or greenhouse gas research consent that is still in force

  877. 3 — A survey that was The day of the

    3 A survey that was The day of the conducted under a expiry, surrender, greenhouse gas assessment cancellation, permit, greenhouse gas revocation or holding lease, greenhouse termination gas injection licence or greenhouse gas research consent that— (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title

  878. 4 — A survey conducted under The day 3 years

    4 A survey conducted under The day 3 years a greenhouse gas search after the acquisition authority or greenhouse of the data was gas special authority that completed collected exclusive data, if the authority is still in force Authorised by the Chief Parliamentary Counsel 350 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas Item Type of survey Relevant day

  879. 5 — A survey conducted under The day of the

    5 A survey conducted under The day of the a greenhouse gas search expiry, surrender, authority or greenhouse cancellation, gas special authority that revocation or collected exclusive data, if termination the authority— (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the authority

  880. 6 — A survey conducted under The day 6 years

    6 A survey conducted under The day 6 years a greenhouse gas search after the acquisition authority or greenhouse of the data was gas special authority that completed collected non-exclusive data (5) The relevant days for documentary information relating to wells are set out in the following table. Table If the regulated operation to which the information relates was conducted Item under… the relevant day is... 1 a greenhouse gas injection the day one year licence that is still in force after the end of the operation 2 a greenhouse gas title, the day 2 years after other than a greenhouse the end of the gas injection licence, that operation is still in force Authorised by the Chief Parliamentary Counsel 351 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas If the regulated operation to which the information relates was conducted Item under… the relevant day is... 3 a greenhouse gas title the day of the that— expiry, surrender, (a) has expired; or cancellation, revocation or (b) has been surrendered, termination cancelled, revoked or terminated before the expiry of the term of the title Note End of the operation is defined in regulation 186.

  881. 324 — Release of interpretative disclosable information

    324 Release of interpretative disclosable information (1) The Minister may make documentary information publicly known or make documentary information available to a person if— (a) it is interpretative information; and (b) it is disclosable information; and (c) the information relates to the seabed or subsoil, or to a greenhouse gas substance, in a block; and (d) it is more than 5 years after the end of the operation to which the information relates. Note End of the operation is defined in regulation 186. (2) Before the documentary information is made available to a person, the fee worked out under regulation 352 is payable by the person. Authorised by the Chief Parliamentary Counsel 352 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas

  882. 325 — Release of documentary information—prior

    325 Release of documentary information—prior availability or consent (1) Subject to subregulation (2), the Minister may make documentary information publicly known or make documentary information available to a person if— (a) the greenhouse gas titleholder who gave the information to the Minister has made the information publicly known; or (b) the greenhouse gas titleholder who gave the information to the Minister has consented in writing to the information being made publicly known or made available, as the case may be. (2) If the documentary information relating to a block was given to the Minister under a greenhouse gas search authority, a greenhouse gas special authority or a greenhouse gas research consent, subregulation (1) applies only if the information relates to a period when no permit, lease or licence was in force over the block. (3) Before the documentary information is made available to a person, the fee worked out under regulation 352 is payable by the person. Division 4—Release of eligible samples

  883. 326 — Purpose of Division

    326 Purpose of Division For the purposes of section 759(2)(c) of the Act, this Division sets out the circumstances in which the Minister may— (a) make publicly known any details of an eligible sample; or Authorised by the Chief Parliamentary Counsel 353 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas (b) permit a person (other than another Victorian Minister or a Minister of the Crown of another State or the Northern Territory or the Commonwealth) to inspect an eligible sample.

  884. 327 — Release of eligible samples after relevant day

    327 Release of eligible samples after relevant day (1) The Minister may make publicly known details of an eligible sample or permit a person to inspect the sample if the relevant day for the sample has passed. (2) The relevant days for eligible samples are set out in the following table. Table If the regulated operation to which the sample relates the relevant day Item was conducted under… is.... 1 a greenhouse gas injection the day one year licence that is still in force after the end of the operation 2 a greenhouse gas title, the day 2 years after other than a greenhouse the end of the gas injection licence, that operation is still in force 3 a greenhouse gas title the day of the that— expiry, surrender, (a) has expired; or cancellation, revocation or (b) has been surrendered, termination cancelled, revoked or terminated before the expiry of the term of the title

  885. 328 — Release of eligible samples—prior availability or

    328 Release of eligible samples—prior availability or consent (1) Subject to subregulation (2), the Minister may make publicly known any details of an eligible sample or permit a person to inspect the sample if— Authorised by the Chief Parliamentary Counsel 354 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.10—Release of technical information about greenhouse gas (a) the greenhouse gas titleholder who gave the sample to the Minister has made publicly known those details of the sample; or (b) the greenhouse gas titleholder who gave the sample to the Minister has caused to be made publicly known those details of the sample; or (c) the greenhouse gas titleholder who gave the sample to the Minister has consented in writing to details of the sample being made publicly known or to the sample being made available for inspection, as the case may be. (2) If an eligible sample from a block was given to the Minister under a greenhouse gas search authority, a greenhouse gas special authority or a greenhouse gas research consent, subregulation (1) only applies if the sample was obtained during a period when no permit, lease or licence was in force over the block. (3) Before a person is permitted to inspect the sample, the fee worked out under regulation 353 is payable by the person. Authorised by the Chief Parliamentary Counsel 355 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.11—Miscellaneous Part 5.11—Miscellaneous

  886. 329 — Form of instrument of transfer

    329 Form of instrument of transfer For the purposes of sections 510(a) and 568(a) of the Act, an instrument of transfer must be in the form set out in Schedule 12.

  887. 330 — Prescribed details for supplementary instrument for

    330 Prescribed details for supplementary instrument for approval of dealing (1) For the purposes of sections 524(2) and 582(2) of the Act, the following details are prescribed— (a) description and date of execution of the instrument evidencing the dealing mentioned in section 524(1) or 582(1) of the Act; (b) details of the title (including the type and number of the title) to which the dealing relates; (c) full name and business address of each party to the dealing; (d) details of the effect or effects, upon registration, of the dealing specified in terms of the relevant item of the table in section 521 or 579 of the Act; (e) details of the interest or interests in the title of all parties to the dealing— (i) before the registration of the dealing; and (ii) in the event of approval of the dealing, after the registration of the dealing; (f) if item 1 or 3 of the table in section 558(2) of the Act applies to the dealing—the value of the consideration; Authorised by the Chief Parliamentary Counsel 356 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.11—Miscellaneous (g) if the dealing relates to an interest in a title to which item 2 or 4 of the table in section 558(2) of the Act applies—the value of the interest; (h) a statement whether or not the parties to the dealing have made or propose to make an application for the purposes of item 6 of the table in section 558(2) of the Act; (i) in respect of any related dealing for which an entry has been made in the Register or an application in writing for approval by the Minister has been lodged— (i) a description of the instrument evidencing the dealing and the date of execution; (ii) the date of approval by the Minister (if appropriate); (iii) the registration number (if any). (2) In this regulation— related dealing means a dealing executed, before the execution of the instrument evidencing the dealing mentioned in subregulation (1)(a), by some or all of the parties to that instrument— (a) that affects the title which is the subject of the dealing to which the instrument referred to in subregulation (1)(a) relates; and (b) that— (i) creates or assigns an option to enter into the dealing mentioned in subregulation (1)(a); or Authorised by the Chief Parliamentary Counsel 357 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.11—Miscellaneous (ii) creates or assigns a right to enter into the dealing mentioned in subregulation (1)(a); or (iii) is altered or terminated by the dealing mentioned in subregulation (1)(a)— and includes any transaction in relation to which an entry was made in the Register within the meaning of the Petroleum (Submerged Lands) Act 1982 under section 81 of that Act before 14 February 1983. Note

  888. 14 — February 1983 is the date on which the

    14 February 1983 is the date on which the Petroleum (Submerged Lands) Act 1982 came into operation.

  889. 331 — Survey of wells, structures or equipment

    331 Survey of wells, structures or equipment (1) The Minister may, in writing, require a titleholder to— (a) survey the position of the well, pipeline, infrastructure facility, structure or equipment specified in the notice; and (b) give a written report of the survey to the Minister. (2) The Minister must specify in a request a reasonable period within which the survey must be done and the report given. Reg. 331(3) (3) A titleholder must comply with a request under amended by S.R. No. subregulation (1) within the period required under 133/2012 subregulation (2). reg. 98. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. Authorised by the Chief Parliamentary Counsel 358 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.11—Miscellaneous

  890. 332 — Notice of route followed by pipeline Reg. 332

    332 Notice of route followed by pipeline Reg. 332 amended by A pipeline licensee who constructs a pipeline in S.R. No. the offshore area must inform both the Minister 133/2012 reg. 99. and the Australian Hydrographic Service, in writing, of the exact route followed by the pipeline by the earlier of— (a) 14 days after the day on which construction of the pipeline is completed; and (b) the day before the pipeline is operated. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units.

  891. 333 — Requirement to give notice of pipeline incident

    333 Requirement to give notice of pipeline incident (1) If a reportable incident occurs in relation to a Reg. 333(1) amended by pipeline under a licence, the pipeline licensee S.R. No. must give notice (oral or written) of the incident to 133/2012 reg. 100. the Minister, a petroleum project inspector or a greenhouse gas project inspector, including all material details of the incident that are reasonably available to the licensee, as soon as practicable after— (a) the first occurrence of the incident; or (b) if the incident is not detected by the licensee at the time of its first occurrence—the detection of the incident by the licensee. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. Authorised by the Chief Parliamentary Counsel 359 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.11—Miscellaneous (2) In this regulation— reportable incident means an incident— (a) that— (i) results in significant damage to a pipeline (for example, reducing the capacity of the pipeline to contain the substance flowing through it); or (ii) is likely to have a result of a kind mentioned in subparagraph (i); or (iii) is of a kind that a reasonable pipeline licensee would consider to require immediate investigation; and (b) that is not a reportable incident within the meaning of Chapter 2.

  892. 334 — Requirement to provide written report about

    334 Requirement to provide written report about pipeline incident Reg. 334(1) (1) If a reportable incident occurs in relation to a amended by S.R. No. pipeline under a licence, the pipeline licensee 133/2012 must give the Minister an incident report either— reg. 101. (a) as soon as practicable, but within 3 days after— (i) the first occurrence of the incident; or (ii) if the incident is not detected by the licensee at the time of its first occurrence—the detection of the incident by the licensee; or Authorised by the Chief Parliamentary Counsel 360 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.11—Miscellaneous (b) if the Minister specifies, in writing and within the period mentioned in paragraph (a), another period for giving the report—within that period. Penalty: In the case of a body corporate, 250 penalty units; In the case of a natural person, 50 penalty units. (2) Subregulation (1) does not apply if— (a) the Minister has specified another period for giving the report under subregulation (1)(b); and (b) it was not practicable for the licensee to give the report to the Minister within the specified period. (3) In this regulation— incident report means a report that includes— (a) all the material facts and circumstances of the incident that the licensee is aware of or is able, by reasonable search and inquiry, to find out, including the following— (i) the date, time and place of the incident; (ii) the particulars of any loss or damage caused by the incident; (iii) if petroleum or a greenhouse gas substance escaped from the pipeline or ignited—the amount of that substance and the measures taken to control the escape or fire; (iv) the cause of the incident; Authorised by the Chief Parliamentary Counsel 361 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.11—Miscellaneous (v) the repairs (if any) carried out, or proposed to be carried out, on the pipeline; and (b) the corrective action that has been taken, or is proposed to be taken, to prevent another incident of that kind; reportable incident has the same meaning as in regulation 333. Reg. 335 335 Requirement for notice of geophysical or geological amended by S.R. No. survey 133/2012 reg. 102. A petroleum titleholder or greenhouse gas titleholder who undertakes a geophysical or geological survey in the title area must notify the Minister at least 48 hours before the proposed start of the survey, of the following— (a) the proposed date and time that the survey will start; (b) the duration of the survey; (c) the survey area coordinates; (d) in the case of a seismic survey—the length of the streamers to be towed by the survey vessel. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. Authorised by the Chief Parliamentary Counsel 362 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 5.11—Miscellaneous

  893. 336 — Requirement to give notice of actions for royalty

    336 Requirement to give notice of actions for royalty purposes (1) A petroleum titleholder, before sampling a Reg. 336(1) amended by petroleum stream for the purposes of working out S.R. No. the amount of royalty payable under Part 6.7 of 133/2012 reg. 103(1). the Act, must notify the Minister in writing of the titleholder's intention to sample the petroleum stream. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. (2) A petroleum titleholder, before proving a meter Reg. 336(2) amended by that is to be used to work out the amount of S.R. No. royalty payable under Part 6.7 of the Act must 133/2012 reg. 103(2). notify the Minister in writing of the titleholder's intention to prove the meter. Penalty: In the case of a body corporate, 300 penalty units; In the case of a natural person, 60 penalty units. Authorised by the Chief Parliamentary Counsel 363 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.1—Fees Chapter 6—Miscellaneous Part 6.1—Fees Division 1—Application fees

  894. 337 — Application fees

    337 Application fees (1) For the purposes of section 252(2) of the Act, the prescribed fee for an application is the fee specified in Part 1 of Schedule 1 for that application. (2) For the purposes of section 459(2) of the Act, the prescribed fee for an application is the fee specified in Part 2 of Schedule 1 for that application. Division 2—Annual fees

  895. 338 — Work-bid petroleum permit fee

    338 Work-bid petroleum permit fee For the purposes of section 684(1) of the Act, the fee for a work-bid petroleum permit for a year of the term of the permit is the greater of— (a) $1135; or (b) $55 for each block to which the permit relates at the beginning of the year.

  896. 339 — Special petroleum exploration permit fee

    339 Special petroleum exploration permit fee For the purposes of section 684(1) of the Act, the fee for a special petroleum exploration permit for a year of the term of the permit is $6820 for each block to which the permit relates at the beginning of the year. Authorised by the Chief Parliamentary Counsel 364 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.1—Fees

  897. 340 — Petroleum retention lease fee

    340 Petroleum retention lease fee For the purposes of section 685(1) of the Act, the fee for a petroleum retention lease for a year of the term of the lease is $6820 for each block to which the lease relates at the beginning of the year.

  898. 341 — Petroleum production licence fee

    341 Petroleum production licence fee For the purposes of section 686(1) of the Act, the fee for a production licence for a year of the term of the lease is $20 460 for each block to which the lease relates at the beginning of the year.

  899. 342 — Infrastructure licence fee

    342 Infrastructure licence fee For the purposes of section 687(1) of the Act, the fee for an infrastructure licence for a year of the term of the lease is $13 640.

  900. 343 — Pipeline licence fee

    343 Pipeline licence fee For the purposes of section 688(1) of the Act, the fee for a pipeline licence for a year of the term of the lease is $90 per kilometre, or part of a kilometre, of the length of the pipeline at the beginning of the year.

  901. 344 — Greenhouse gas holding lease fee

    344 Greenhouse gas holding lease fee For the purposes of section 689(1) of the Act, the fee for a greenhouse gas holding lease for a year of the term of the lease is $6820 for each block to which the lease relates at the beginning of the year.

  902. 345 — Greenhouse gas injection licence fee

    345 Greenhouse gas injection licence fee For the purposes of section 689(1) of the Act, the fee for a greenhouse gas injection licence for a year of the term of the lease is $20 460 for each block to which the licence relates at the beginning of the year. Authorised by the Chief Parliamentary Counsel 365 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.1—Fees Division 3—Other fees

  903. 346 — Fee for entries in the Register of memoranda of

    346 Fee for entries in the Register of memoranda of transfers of title (1) For the purposes of item 2 in the table to section 557(2) of the Act, the amount prescribed is $920. (2) For the purposes of item 3 in the table to section 557(2) of the Act, the amount prescribed is $920. (3) For the purposes of item 4 in the table to section 557(2) of the Act, the amount prescribed is $4590.

  904. 347 — Fee for approval of dealing relating to a petroleum

    347 Fee for approval of dealing relating to a petroleum title (1) For the purposes of item 5 in the table to section 558(2) of the Act, the amount prescribed is $920. (2) For the purposes of item 6 in the table to section 558(2) of the Act, the amount prescribed is $4590.

  905. 348 — Fee for registration of transfer of greenhouse gas

    348 Fee for registration of transfer of greenhouse gas title For the purposes of section 572(3) of the Act, the prescribed fee is $920.

  906. 349 — Fee for registration of dealing with greenhouse gas

    349 Fee for registration of dealing with greenhouse gas title For the purposes of section 586(3) of the Act, the prescribed fee is $920.

  907. 350 — Register inspection fees

    350 Register inspection fees (1) For the purposes of section 550(1) and (2) of the Act, the prescribed fee is $19. (2) For the purposes of section 607(1) and (2) of the Act, the prescribed fee is $19.

  908. 351 — Document and certification fees

    351 Document and certification fees (1) For the purposes of sections 551(2) and 608(2) of the Act, the prescribed fee is $3.50 per page of the copy or extract. Authorised by the Chief Parliamentary Counsel 366 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.1—Fees (2) For the purposes of sections 552(1) and 609(1) of the Act, the prescribed fee is $45.

  909. 352 — Information fees

    352 Information fees For the purposes of regulations 285(2), 286(3), 324(2) and 325(3), the fee payable by a person before information is made available to that person is an amount equal to the sum of the following amounts— (a) if the information requested is contained in a document and that document is lent to the person who made the request—an amount calculated at the rate of $38 per day or part of a day during which the document containing the information is on loan to that person; (b) if the information requested is contained in a document and that document is not readily available and a search is necessary to locate the information—an amount calculated at the rate of $38 per hour or part of an hour after the first half hour for the time taken to locate the information; (c) if any information referred to in paragraph (a) or (b) is, on the application of the person making the request— (i) copied or reproduced; or (ii) forwarded or consigned to that person— an amount equal to all costs incurred in the copying or reproduction or forwarding or consignment, including the costs of packaging (if applicable). Authorised by the Chief Parliamentary Counsel 367 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.1—Fees

  910. 353 — Sample inspection fees

    353 Sample inspection fees For the purposes of regulations 289(3) and 328(3), the fee payable by a person before he or she is permitted to inspect a sample is an amount equal to the sum of the following amounts— (a) if the sample is lent to the person who made the request—an amount calculated at the rate of $38 per day or part of a day during which the sample is on loan to that person; (b) if the sample is, on the application of the person making the request, forwarded or consigned to that person—an amount equal to all costs incurred in the forwarding or consignment, including the costs of packaging (if applicable). Authorised by the Chief Parliamentary Counsel 368 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.2—Transitional provisions for Chapter 3—safety Part 6.2—Transitional provisions for Chapter 3—safety Division 1—Preliminary

  911. 354 — Definitions

    354 Definitions In this Part— diving contractor has the meaning given by regulation 41; DSMS has the meaning given by regulation 41; facility has the meaning given by regulation 41; former Diving Safety Regulations means Part 9 of the Petroleum (Submerged Lands) Regulations 2004, as in force immediately before 1 January 2012; former Management of Safety Regulations means Part 7 of the Petroleum (Submerged Lands) Regulations 2004, as in force immediately before 1 January 2012; former Occupational Health and Safety Regulations means Part 6 of the Petroleum (Submerged Lands) Regulations 2004, as in force immediately before 1 January 2012; former Pipelines Regulations means Part 8 of the Petroleum (Submerged Lands) Regulations 2004, as in force immediately before 1 January 2012; operator has the meaning given by regulation 41; safety case has the meaning given by regulation 41. Authorised by the Chief Parliamentary Counsel 369 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.2—Transitional provisions for Chapter 3—safety Division 2—Operators

  912. 355 — Operator of a facility before 1 January 2012

    355 Operator of a facility before 1 January 2012 A person whose name is registered in the register maintained under regulation 706 of the former Management of Safety Regulations immediately before 1 January 2012 continues to be registered as the operator of the facility until the Safety Authority removes the person’s name from the register under regulation 48.

  913. 356 — Register of operators

    356 Register of operators (1) The register of operators maintained by the Safety Authority under the former Management of Safety Regulations immediately before 1 January 2012, and the register of operators maintained by the Safety Authority under the former Pipelines Regulations immediately before 1 January 2012, are, together, taken to be the register of operators that is to be maintained under regulation 47, unless the Safety Authority decides to create a new register. (2) If the register of operators that is to be maintained under regulation 47 does not include information that— (a) is in the possession of the Safety Authority; and (b) should have been included in the register in accordance with the former Management of Safety Regulations or these Regulations— the register is taken to include that information from the time when the Safety Authority receives it. Authorised by the Chief Parliamentary Counsel 370 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.2—Transitional provisions for Chapter 3—safety Division 3—Safety cases

  914. 357 — Existing safety cases remain in force

    357 Existing safety cases remain in force (1) A safety case that— (a) was accepted, or was taken to have been accepted, by the Safety Authority under the former Management of Safety Regulations before 1 January 2012; and (b) is in force immediately before 1 January 2012— is taken to be a safety case that was accepted by the Safety Authority under regulation 70 with effect from the date on which it was accepted, or was taken to have been accepted, under the former Management of Safety Regulations. Note The effect of this subregulation is that the safety case will have to be varied at the end of 5 years after its original acceptance under the former Management of Safety Regulations. (2) If a safety case— (a) is taken to be accepted by the Safety Authority in accordance with subregulation (1); and (b) is subject to a limitation, condition or restriction imposed under the former Management of Safety Regulations— the safety case continues to be subject to the limitation, condition or restriction as if it had been imposed by the Safety Authority under these Regulations. Authorised by the Chief Parliamentary Counsel 371 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.2—Transitional provisions for Chapter 3—safety

  915. 358 — Application for acceptance of safety case or varied

    358 Application for acceptance of safety case or varied safety case made before 1 January 2012 (1) If an application for acceptance of a safety case or a varied safety case was made to the Safety Authority before 1 January 2012, the Safety Authority must— (a) continue the process of considering the application as if it were an application under these Regulations for acceptance of a safety case or a proposal for a variation of a safety case; and (b) give the operator a reasonable opportunity to modify the safety case to meet any new requirements relating to the Act and these Regulations as in force on and after

  916. 1 — January 2012

    1 January 2012. (2) The time limits for— (a) the consideration of the application for acceptance of the safety case; and (b) the power to seek further information— commence on 1 January 2012 as if the application had been lodged on that day. (3) Anything done, or omitted to be done, in relation to the safety case or varied safety case before

  917. 1 — January 2012 is taken to have been done, or

    1 January 2012 is taken to have been done, or omitted to be done, at that time, in relation to the application under these Regulations for acceptance of the safety case or proposal for a variation of a safety case. Authorised by the Chief Parliamentary Counsel 372 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.2—Transitional provisions for Chapter 3—safety Division 4—Pipelines

  918. 359 — Existing pipeline management plans remain in force

    359 Existing pipeline management plans remain in force (1) A pipeline management plan that was in force in respect of a licensed pipeline under the former Pipelines Regulations immediately before

  919. 1 — January 2012 is taken to be a safety case that

    1 January 2012 is taken to be a safety case that was accepted by the Safety Authority under regulation 70 with effect from the date on which— (a) the pipeline management plan was accepted by the Minister under regulation 825 of the former Pipelines Regulations; or (b) a varied pipeline management plan was accepted by the Minister under regulation 838 of the former Pipelines Regulations. (2) Subregulation (1) applies to a pipeline management plan or a variation of a pipeline management plan— (a) that was accepted for one or more specified stages in the life of the pipeline; or (b) that was accepted subject to conditions or limitations.

  920. 360 — Application for acceptance of pipeline management

    360 Application for acceptance of pipeline management plan or varied pipeline management plan made before 1 January 2012 (1) If an application for acceptance of a pipeline management plan was made to the Minister before

  921. 1 — January 2012, the Minister must

    1 January 2012, the Minister must— (a) continue the process of considering the application as if it were an application for acceptance of a safety case or a proposal for a variation of a safety case; and Authorised by the Chief Parliamentary Counsel 373 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.2—Transitional provisions for Chapter 3—safety (b) give the operator a reasonable opportunity to modify the pipeline management plan to meet any new requirements relating to the Act and these Regulations as in force on and after 1 January 2012. (2) If an application for acceptance of a varied pipeline management plan which includes a matter affecting the health and safety of persons was made to the Minister before 1 January 2012, the Minister must— (a) continue the process of considering the application as if it were an application for acceptance of a safety case or a proposal for a variation of a safety case; and (b) give the operator a reasonable opportunity to modify the varied pipeline management plan to meet any new requirements relating to the Act and these Regulations as in force on and after 1 January 2012. (3) The time limits for— (a) the consideration of the application for acceptance of the pipeline management plan or varied pipeline management plan; and (b) the power to seek further information— commence on 1 January 2012 as if the application had been lodged on that day. (4) Anything done, or omitted to be done, in relation to the pipeline management plan or varied pipeline management plan before 1 January 2012 is taken to have been done, or omitted to be done, at that time, in relation to the application for acceptance of a safety case or a proposal for a variation of a safety case. Authorised by the Chief Parliamentary Counsel 374 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.2—Transitional provisions for Chapter 3—safety

  922. 361 — Operator of a pipeline before 1 January 2012

    361 Operator of a pipeline before 1 January 2012 A person whose name is registered in the register maintained under regulation 807 of the former Pipelines Regulations immediately before 1 January 2012 continues to be registered as the operator of the facility until the Safety Authority removes the person's name from the register under regulation 48. Division 5—Diving safety management systems and diving project plans

  923. 362 — Register of DSMSs and varied DSMSs

    362 Register of DSMSs and varied DSMSs (1) The register of DSMSs maintained by the Safety Authority under the former Diving Safety Regulations immediately before 1 January 2012 is taken to be the register of DSMSs and varied DSMSs that is to be maintained under regulation 136, unless the Safety Authority decides to create a new register. (2) If the register of DSMSs and varied DSMSs that is to be maintained under regulation 136 does not include information that— (a) is in the possession of the Safety Authority; and (b) should have been included in the register in accordance with the former Diving Safety Regulations or these Regulations— the register is taken to include that information from the time when the Safety Authority receives it. Authorised by the Chief Parliamentary Counsel 375 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.2—Transitional provisions for Chapter 3—safety

  924. 363 — Existing DSMS remain in force

    363 Existing DSMS remain in force A DSMS that— (a) was accepted, or was taken to have been accepted, by the Safety Authority under the former Diving Safety Regulations before

  925. 1 — January 2012; and

    1 January 2012; and (b) is in force immediately before 1 January 2012— is taken to be a DSMS that was accepted by the Safety Authority under regulation 132 or 133 with effect from the date on which it was accepted, or was taken to have been accepted, under the former Diving Safety Regulations.

  926. 364 — Application for acceptance of DSMS or varied

    364 Application for acceptance of DSMS or varied DSMS made before 1 January 2012 (1) If an application for acceptance of a DSMS or a varied DSMS was made to the Safety Authority before 1 January 2012, the Safety Authority must— (a) continue the process of considering the application as if it were an application for acceptance of a safety case or a proposal for a variation of a safety case; and (b) give the operator a reasonable opportunity to modify the DSMS or varied DSMS to meet any new requirements relating to the Act and these Regulations as in force on and after

  927. 1 — January 2012 for the acceptance of a safety

    1 January 2012 for the acceptance of a safety case or a proposal for the variation of a safety case. (2) The time limits for— (a) the consideration of the application for acceptance of the DSMS or varied DSMS; and Authorised by the Chief Parliamentary Counsel 376 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.2—Transitional provisions for Chapter 3—safety (b) the power to seek further information— commence on 1 January 2012 as if the application had been lodged on that day. (3) Anything done, or omitted to be done, in relation to the DSMS or varied DSMS before 1 January 2012 is taken to have been done, or omitted to be done, at that time, in relation to the application for acceptance of a safety case or a proposal for a variation of a safety case.

  928. 365 — Notices taken to be given by Safety Authority

    365 Notices taken to be given by Safety Authority (1) A variation notice given to a diving contractor by the Safety Authority under regulation 913 of the former Diving Safety Regulations is taken to be a variation notice given by the Safety Authority under regulation 138 with effect from the date on which it was given to the diving contractor under the former Diving Safety Regulations. (2) A notice given to a diving contractor by the Safety Authority under regulation 913(4) of the former Diving Safety Regulations is taken to be a notice given by the Safety Authority under regulation 138(4) with effect from the date on which it was given to the diving contractor under the former Diving Safety Regulations.

  929. 366 — Existing diving project plans remain in force

    366 Existing diving project plans remain in force A diving project plan that— (a) was accepted, or was taken to have been accepted, by the Safety Authority under the former Diving Safety Regulations before

  930. 1 — January 2012; and

    1 January 2012; and (b) is in force immediately before 1 January 2012— is taken to be a diving project plan that was accepted by the Safety Authority under regulation 140 with effect from the date on which Authorised by the Chief Parliamentary Counsel 377 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.2—Transitional provisions for Chapter 3—safety it was accepted, or was taken to have been accepted, under the former Diving Safety Regulations. Division 6—Administrative actions taken before 1 January 2012

  931. 367 — Actions

    367 Actions (1) This regulation applies to an action that was taken— (a) by the Safety Authority, an OHS inspector, a facility operator or any other person; and (b) under, or for the purposes of, a provision of— (i) the former Diving Safety Regulations; or (ii) the former Management of Safety Regulations; or (iii) the former Occupational Health and Safety Regulations; or (iv) the former Pipelines Regulations; and (c) in the course of a process that was incomplete or continuing on 1 January 2012. (2) For the purposes of these Regulations, the action is taken to have the effect it would have if it were taken under the corresponding provision of these Regulations. Division 7—Exemptions from requirements in Part 3 of Schedule 3 to the Act

  932. 368 — Existing exemptions remain in force

    368 Existing exemptions remain in force An order issued by the Safety Authority under clause 45 of Schedule 7 to the Petroleum (Submerged Lands) Act 1982 that is in force Authorised by the Chief Parliamentary Counsel 378 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Part 6.2—Transitional provisions for Chapter 3—safety immediately before 1 January 2012, exempting a person from one or more of the provisions of Part 3 of that Schedule, is taken— (a) to be an order under clause 52 of Schedule 3 to the Act; and (b) to remain subject to any conditions or time limitations to which the order was subject.

  933. 369 — Application for exemption made before 1 January

    369 Application for exemption made before 1 January 2012 (1) If an application for an order exempting a person from one or more of the provisions of Part 3 of Schedule 7 to the Petroleum (Submerged Lands) Act 1982 was made to the Safety Authority under the former Occupational Health and Safety Regulations before 1 January 2012, the Safety Authority must— (a) continue the process of considering the application; and (b) give the applicant a reasonable opportunity to modify the application to meet any new requirements relating to the Act and these Regulations as in force on and after

  934. 1 — January 2012

    1 January 2012. (2) The time limits for— (a) the consideration of the application; and (b) the power to seek further information— commence on 1 January 2012 as if the application had been lodged on that day. Authorised by the Chief Parliamentary Counsel 379 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedules Schedules Schedule 1 Regulation 337 Part 1—Application fees for petroleum applications Item Type of application Fee ($)

  935. 1 — Work-bid petroleum exploration permit 4 590

    1 Work-bid petroleum exploration permit 4 590

  936. 2 — Special petroleum exploration permit 4 590

    2 Special petroleum exploration permit 4 590

  937. 3 — Cash-bid petroleum exploration permit 1 835

    3 Cash-bid petroleum exploration permit 1 835

  938. 4 — Renewal of petroleum exploration permit (all types) 1 835

    4 Renewal of petroleum exploration permit (all types) 1 835

  939. 5 — Petroleum retention lease (all types) 1 835

    5 Petroleum retention lease (all types) 1 835

  940. 6 — Renewal of petroleum retention lease (all types) 1 835

    6 Renewal of petroleum retention lease (all types) 1 835

  941. 7 — Petroleum production licence over a surrendered 4 590

    7 Petroleum production licence over a surrendered 4 590 block

  942. 8 — Petroleum production licence over an individual 920

    8 Petroleum production licence over an individual 920 block

  943. 9 — Petroleum production licence (other than a licence in 1 835

    9 Petroleum production licence (other than a licence in 1 835 items 7 and 8)

  944. 10 — Renewal of petroleum production licence (all types) 1 835

    10 Renewal of petroleum production licence (all types) 1 835

  945. 11 — Infrastructure licence 1 835

    11 Infrastructure licence 1 835

  946. 12 — Pipeline licence 4 590

    12 Pipeline licence 4 590

  947. 13 — Variation of pipeline licence 920

    13 Variation of pipeline licence 920

  948. 14 — Petroleum special prospecting authority 920

    14 Petroleum special prospecting authority 920 Authorised by the Chief Parliamentary Counsel 380 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 1 Part 2—Application fees for greenhouse gas applications Item Type of application Fee ($)

  949. 1 — Work-bid greenhouse gas assessment permit 0

    1 Work-bid greenhouse gas assessment permit 0

  950. 2 — Cash-bid greenhouse gas assessment permit 0

    2 Cash-bid greenhouse gas assessment permit 0

  951. 3 — Renewal of greenhouse gas assessment permit 0

    3 Renewal of greenhouse gas assessment permit 0

  952. 4 — Greenhouse gas holding lease (all types) 1 835

    4 Greenhouse gas holding lease (all types) 1 835

  953. 5 — Renewal of greenhouse gas holding lease 1 835

    5 Renewal of greenhouse gas holding lease 1 835

  954. 6 — Greenhouse gas injection licence 1 835

    6 Greenhouse gas injection licence 1 835

  955. 7 — Greenhouse gas search authority 0

    7 Greenhouse gas search authority 0

  956. 8 — Greenhouse gas site closing certificate 4 590

    8 Greenhouse gas site closing certificate 4 590 Authorised by the Chief Parliamentary Counsel 381 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 2—Forms Schedule 2—Forms Sch. 2 Form 1 FORM 1 amended by S.R. No. Regulations 44 and 124(a) 160/2012 reg. 56. Offshore Petroleum and Greenhouse Gas Storage Act 2010 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 PROVISIONAL IMPROVEMENT NOTICE To: (the responsible person within the meaning of clause 44(2) of Schedule 3 to the Act) I, (name of the health and safety representative issuing the notice), elected as the health and safety representative under clause 31 of Schedule 3 to the Act for (description of the designated work group), after consultation in accordance with clause 44(1) of Schedule 3 to the Act, believe that the following provision*/provisions* of the Act*/Regulations*/Act and Regulations* is*/are* being contravened or is*/are* likely to continue to be contravened: The contravention is (a brief description) The contravention is occurring at (location) The reasons for my opinion are as follows: In accordance with clause 44(5)(b) of Schedule 3 to the Act, action necessary to prevent the contravention, or the likely contravention, of the provision or provisions referred to above must be taken before (the date of a day that is: (a) not less than 7 days after the day when the notice is issued; and (b) reasonable in the opinion of the health and safety representative). Authorised by the Chief Parliamentary Counsel 382 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 2—Forms In accordance with clause 44(6) of Schedule 3 to the Act, I specify the following action to be taken: . Dated: (signature) Health and safety representative [*Omit if inapplicable] –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTES: 1. Under clause 45(1) of Schedule 3 to the Act, a person to whom a provisional improvement notice is given may, within 7 days, request NOPSEMA or an OHS inspector to conduct an investigation into the subject matter of the notice. 2. Clause 45(5) of Schedule 3 to the Act requires a responsible person to whom a provisional improvement notice is given— • to notify each group member affected by the notice of the fact that the notice has been issued; and • to display a copy of the notice at or near each workplace at which work that is the subject of the notice is being performed. 3. Under clause 45(6) of Schedule 3 to the Act, a provisional improvement notice ceases to have effect when— • it is cancelled by the health and safety representative or an OHS inspector; and • the responsible person takes the action specified in the notice, or if no action is specified, takes the action that is necessary to prevent the contravention, or likely contravention, with which the notice is concerned. 4. Clause 45(7) of Schedule 3 to the Act requires the responsible person— • to ensure, as far as possible, that a provisional improvement notice is complied with; and • to inform the health and safety representative who issued the notice of the action taken to comply with the notice. 5. Under clause 95 of Schedule 3 to the Act, if an OHS inspector has confirmed or varied a provisional improvement notice any of the following persons may request Fair Work Australia in writing to review the OHS inspector's decision— • the operator of the facility or an employer affected by the decision; • the person to whom the notice was issued; • the health and safety representative for a designated work group that includes a group member affected by the decision; Authorised by the Chief Parliamentary Counsel 383 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 2—Forms • a workforce representative in relation to the designated work group that includes a group member affected by the decision; • if there is no designated work group—a workforce representative in relation to a member of the workforce affected by the decision; • the owner of any plant substances or thing to which that decision relates. Authorised by the Chief Parliamentary Counsel 384 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 2—Forms FORM 2 Regulations 44 and 124(b) Offshore Petroleum and Greenhouse Gas Storage Act 2010 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 NOTICE OF REMOVAL*/SAMPLING* OF PLANT, SUBSTANCE OR THING To: (name of operator, employer or owner of the plant, substance or thing (if applicable)) and (name of health and safety representative for designated workgroup) I, (name of OHS inspector), an OHS inspector appointed under section 680 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth, in the course of conducting an inspection under clause 55 of Schedule 3 to the Act, have taken possession*/ a sample* of: (description of item removed or substance or thing sampled) from the workplace at: (address) The reason for this action is: (explanation of why removal or sampling was necessary) Signed: (OHS Inspector) Dated: [*Omit if inapplicable] –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTES: 1. Under clause 93 of Schedule 3 to the Act, a person who tampers with, or removes, a notice, before the item has been returned to the workplace, may be liable to a penalty of 60 penalty units. 2. Under clause 82(3) of Schedule 3 to the Act, if a notice is issued to the operator or to an employer of members of the workforce, the operator's representative at the facility must cause a copy of the notice to be displayed in a prominent place at or near each workplace from which the item was removed. Authorised by the Chief Parliamentary Counsel 385 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 2—Forms 3. Under clause 95 of Schedule 3 to the Act, any of the following persons may request Fair Work Australia in writing to review the OHS inspector's decision— • the operator of the facility or an employer affected by the decision; • the health and safety representative for a designated work group that includes a group member affected by the decision; • a workforce representative in relation to the designated work group that includes a group member affected by the decision; • if there is no designated work group—a workforce representative in relation to a member of the workforce affected by the decision; • the owner of any plant, substance or thing to which the OHS inspector's decision relates. Authorised by the Chief Parliamentary Counsel 386 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 2—Forms FORM 3 Regulations 44 and 124(c) Offshore Petroleum and Greenhouse Gas Storage Act 2010 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 DO NOT DISTURB NOTICE To: (name of operator's representative at the facility) I, (name of OHS inspector) an OHS inspector appointed under section 680 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth, direct that (name of operator) must ensure that: (description of the affected workplace or part of workplace, plant, substance or thing) is not disturbed during the period from a.m./p.m. on (date) to a.m./p.m. on (date). The reasons for giving this direction are: Signed: (OHS Inspector) Dated: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTES: 1. Under clause 83(6) of Schedule 3 to the Act, an operator of a facility who does not ensure that a notice is complied with may be liable to a penalty of 120 penalty units. 2. Under clause 83(4) of Schedule 3 to the Act, this notice must be displayed in a prominent place at the workplace. 3. Under clause 93 of Schedule 3 to the Act, a person who tampers with or removes this notice before it ceases to have effect may be liable to a penalty of 60 penalty units. 4. Under clause 95 of Schedule 3 to the Act, any of the following persons may request Fair Work Australia in writing to review the OHS inspector's decision— • the operator of the facility or an employer affected by the decision; • the health and safety representative for a designated work group that includes a group member affected by the decision; • a workforce representative in relation to the designated work group that includes a group member affected by the decision; Authorised by the Chief Parliamentary Counsel 387 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 2—Forms • if there is no designated work group—a workforce representative in relation to a member of the workforce affected by the decision; • the owner of any plant, substance or thing to which the OHS inspector's decision relates. Authorised by the Chief Parliamentary Counsel 388 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 2—Forms FORM 4 Regulations 44 and 124(d) Offshore Petroleum and Greenhouse Gas Storage Act 2010 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 PROHIBITION NOTICE To: (name of operator's representative at the facility) I, (name of OHS inspector), an OHS inspector appointed under section 680 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth, am satisfied that it is necessary to issue a prohibition notice to the operator of (name of the facility) in order to remove an immediate threat to the health or safety of a person. I am of the opinion that the following activity is a threat to the health or safety of a person: (specify activity) I THEREFORE DIRECT that the operator ensure that *the activity is not engaged in. *the activity is not engaged in in the following manner: (specify the manner in which it is not to be engaged. If insufficient space, use additional page) The reasons why I am satisfied that the activity has caused the threat to health or safety are: (if insufficient space, use additional page) *Action that may be taken that will be adequate to remove the threat to health or safety is: (if insufficient space, use additional page) Signed: (OHS Inspector) Dated: [*Omit if inapplicable] –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel 389 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 2—Forms NOTES: 1. Under clause 87 of Schedule 3 to the Act, an operator who fails to ensure that this notice is complied with may be liable to a penalty of 240 penalty units. 2. Under clause 88(1) of Schedule 3 to the Act, a notice ceases to have effect when an OHS inspector notifies the operator that the OHS inspector is satisfied that the operator has taken adequate action to remove the threat to health or safety. 3. Under clause 86(2) of Schedule 3 to the Act, this notice must be displayed in a prominent place at the workplace and must not be tampered with or removed before the notice has ceased to have effect. 4. Under clause 93 of Schedule 3 to the Act, a person who tampers with or removes this notice before it ceases to have effect may be liable to a penalty of 60 penalty units. 5. Under clause 95 of Schedule 3 to the Act, any of the following persons may request Fair Work Australia in writing to review the OHS inspector's decision— • the operator of the facility or an employer who is affected by the decision; • the health and safety representative for a designated work group that includes a group member affected by the decision; • a workforce representative in relation to the designated work group that includes a group member affected by the decision; • if there is no designated work group—a workforce representative in relation to a member of the workforce affected by the decision. Authorised by the Chief Parliamentary Counsel 390 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 2—Forms FORM 5 Regulations 44 and 124(e) Offshore Petroleum and Greenhouse Gas Storage Act 2010 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 IMPROVEMENT NOTICE To: (name of responsible person) I, (name of OHS inspector), an OHS inspector appointed under section 680 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth, am satisfied that the person named above as the responsible person is contravening, or has contravened, and is likely to contravene: (a) clause of Schedule 3 to the Act; or (b) regulation ; or (c) section 654*/663* of the Act; at (location of workplace). The reasons for my opinion are: (brief description of contravention) You are required to take action within (insert number) days of the date of this notice to prevent any further contravention or likely contravention of the clause*/regulation*/section*. *The following action must be taken by the responsible person within the period specified above: (If insufficient space, use additional page) You are directed to sign and return the declaration on the bottom of this Improvement Notice once the required improvement has been completed. Signed: (OHS Inspector) Dated: [*Omit if inapplicable] Authorised by the Chief Parliamentary Counsel 391 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 2—Forms When the required improvement has been completed, return this part of the notice to the following person at the address below: Name: Position: Address: Telephone number: Improvement Notice No. has been complied with. Signed: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– This notice was delivered to: (insert name) in the office or position of: (insert office or position) at: (insert time, a.m. or p.m.) on (insert date). (See notes below) –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTES 1. Under clause 92 of Schedule 3 to the Act, a person who fails to ensure that this notice is complied with, to the extent that it relates to a matter over which the person has control, may be liable to a penalty of 120 penalty units. 2. If this notice is displayed at a workplace by the operator's representative in accordance with clause 91(2) of Schedule 3 to the Act, clause 93 of that Schedule provides that the notice must not be tampered with or removed before it has ceased to have effect. 3. Under clause 91(2) of Schedule 3 to the Act, an operator, or an employer of a member of the workforce to whom this notice is given must— (a) give a copy of the notice to each health and safety representative for a designated workgroup having group members performing work that is affected by the notice; and (b) display a copy of the notice in a prominent place at or near each workplace at which the work is being performed. 4. Under clause 95 of Schedule 3 to the Act, any of the following persons may request Fair Work Australia to review the OHS inspector's decision— • the operator of the facility or an employer who is affected by the decision; • the person to whom the improvement notice has been issued; Authorised by the Chief Parliamentary Counsel 392 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011

  957. Schedule 2—Forms — Forms

    Schedule 2—Forms • the health and safety representative for a designated work group that includes a group member affected by the decision; • a workforce representative in relation to the designated work group that includes a group member affected by the decision; • if there is no designated work group—a workforce representative in relation to a member of the workforce affected by the decision; • the owner of any plant, substance or thing to which the OHS inspector's decision relates. Authorised by the Chief Parliamentary Counsel 393 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 3—Hazardous substances Schedule 3—Hazardous substances Regulation 98(2) Part 1—Interpretation In this Schedule— bona fide research means a systematic, investigative or experimental activity conducted for the purpose of— (a) acquiring new knowledge; or (b) creating new or improved materials, products, devices, processes or services; or (c) analysis to identify the kind or quantities of ingredients in a substance; in situ means— (a) in relation to a facility that contains asbestos—that the asbestos was fixed or installed in the facility— (i) before 1 January 2005; and (ii) in such a way that the asbestos does not constitute a risk to any person unless the asbestos is disturbed; and (b) in relation to an item of plant—that the asbestos was fixed or installed in the item of plant— (i) before 1 January 2005; and (ii) in such a way that the asbestos does not constitute a risk to any person unless the asbestos is disturbed. Authorised by the Chief Parliamentary Counsel 394 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 3—Hazardous substances Part 2—Permitted circumstances for using certain hazardous substances Column 1 Column 2 Column 3 Substance (identified Item by substance name) Permitted circumstance 1 Polychlorinated 1 Handling for storage prior to biphenyls (also removal or disposal known as PCBs) 2 Storage prior to removal or disposal 3 Removal or disposal 4 Use when contained in existing electrical equipment or construction material 5 Repair of existing electrical equipment or construction material Part 3—Permitted circumstances for using certain hazardous substances with carcinogenic properties Column 1 Column 2 Column 3 Substance (identified by substance name, with chemical abstract number in Item square brackets) Permitted circumstance 1 2-Acetylaminofluorene Bona fide research [53-96-3] 2 Aflatoxins Bona fide research 3 4-Aminodiphenyl [92-67-1] Bona fide research 4 Amosite (brown asbestos) 1 Bona fide research [12172-73-5] 2 Handling for storage prior to removal or disposal of amosite 3 Storage prior to removal or disposal of amosite Authorised by the Chief Parliamentary Counsel 395 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 3—Hazardous substances Column 1 Column 2 Column 3 Substance (identified by substance name, with chemical abstract number in Item square brackets) Permitted circumstance 4 Removal or disposal of amosite in accordance with a law relating to the removal of asbestos 5 Disturbance of naturally occurring amosite that is incidental to operations not related to the extraction or processing of amosite, for example, roadworks 6 Use of a facility that contains amosite, or use of an item of plant that is attached to a facility and that contains amosite, where— (a) the amosite is in situ; and (b) the use does not disturb the amosite 5 Benzidine [92-87-5] and its Bona fide research salts, including benzidine dihydrochloride [531-85-1] 6 bis(Chloromethyl) ether Bona fide research [542-88-1] 7 Chloromethyl methyl ether Bona fide research (technical grade containing bis(chloromethyl) ether) [107-30-2] Authorised by the Chief Parliamentary Counsel 396 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 3—Hazardous substances Column 1 Column 2 Column 3 Substance (identified by substance name, with chemical abstract number in Item square brackets) Permitted circumstance 8 Crocidolite (blue asbestos) 1 Bona fide research [12001-28-4] 2 Handling for storage prior to removal or disposal of crocidolite 3 Storage prior to removal or disposal of crocidolite 4 Removal or disposal of crocidolite in accordance with a law relating to the removal of asbestos 5 Disturbance of naturally occurring crocidolite that is incidental to operations not related to the extraction or processing of crocidolite, for example, roadworks 6 Use (without disturbance) of crocidolite in products that are in situ 9 4-Dimethylaminoazo-benzene Bona fide research [60-11-7] 10 2-Naphthylamine [91-59-8] Bona fide research and its salts 11 4-Nitrodiphenyl [92-93-3] Bona fide research 12 Actinolite asbestos 1 Bona fide research [77536-66-4] 2 Handling for storage prior to removal or disposal of actinolite Authorised by the Chief Parliamentary Counsel 397 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 3—Hazardous substances Column 1 Column 2 Column 3 Substance (identified by substance name, with chemical abstract number in Item square brackets) Permitted circumstance 3 Storage prior to removal or disposal of actinolite 4 Removal or disposal of actinolite in accordance with a law relating to the removal of asbestos 5 Disturbance of naturally occurring actinolite that is incidental to operations not related to the extraction or processing of actinolite, for example, roadworks 6 Use (without disturbance) of actinolite in products that are in situ 13 Anthophyllite asbestos 1 Bona fide research [77536-67-5] 2 Handling for storage prior to removal or disposal of anthophyllite 3 Storage prior to removal or disposal of anthophyllite 4 Removal or disposal of anthophyllite in accordance with a law relating to the removal of asbestos Authorised by the Chief Parliamentary Counsel 398 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 3—Hazardous substances Column 1 Column 2 Column 3 Substance (identified by substance name, with chemical abstract number in Item square brackets) Permitted circumstance 5 Disturbance of naturally occurring anthophyllite that is incidental to operations not related to the extraction or processing of anthophyllite, for example, roadworks 6 Use (without disturbance) of anthophyllite in products that are in situ 14 Chrysotile (white asbestos) 1 Bona fide research [12001-29-5] 2 Handling for storage prior to removal or disposal of chrysotile 3 Storage prior to removal or disposal of chrysotile 4 Removal or disposal of chrysotile in accordance with a law relating to the removal of asbestos 5 Disturbance of naturally occurring chrysotile that is incidental to operations not related to the extraction or processing of chrysotile, for example, roadworks Authorised by the Chief Parliamentary Counsel 399 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011

  958. Schedule 3—Hazardous substances — Hazardous substances

    Schedule 3—Hazardous substances Column 1 Column 2 Column 3 Substance (identified by substance name, with chemical abstract number in Item square brackets) Permitted circumstance 6 Use (without disturbance) of chrysotile in products that are in situ 15 Tremolite asbestos 1 Bona fide research [77536-68-6] 2 Handling for storage prior to removal or disposal of tremolite 3 Storage prior to removal or disposal of tremolite 4 Removal or disposal of tremolite in accordance with a law of the State relating to the removal of asbestos 5 Disturbance of naturally occurring tremolite that is incidental to operations not related to the extraction or processing of tremolite, for example, roadworks 6 Use (without disturbance) of tremolite in products that are in situ Authorised by the Chief Parliamentary Counsel 400 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 4—Information to be set out in application for declaration of a part of a geological formation as an identified greenhouse gas storage formation Schedule 4—Information to be set out in application for declaration of a part of a geological formation as an identified greenhouse gas storage formation Regulation 162 Part 1—Information about the storage formation 1 A description of the geological features of the storage formation, including the effective sealing mechanism. 2 A detailed analysis of the geological features, including the effective sealing mechanism. 3 (1) Information relating to the integrity of the storage formation, set out in sufficient detail to satisfy the Minister that the applicant has an understanding of the geological environment that is sufficient to allow the applicant to identify all risks. (2) The information must, as a minimum, identify or refer to the following matters— (a) the stratigraphy of the storage formation and its rock types; (b) the structure of the storage formation and its rock types; (c) any faults in the structure of the storage formation or the seal rocks; (d) the porosity and permeability of the storage formation and the seal rocks of the reservoir; (e) the reactivity of the rock types of the reservoir and the seal rocks with the greenhouse gas substance to be stored; (f) a geomechanical analysis of the storage formation, including an assessment of— (i) the local stress regime; and (ii) fracture gradients; and (iii) fault stability; and (iv) the geomechanical response of the storage formation to injection; (g) the fluid parameters of the storage formation, including data about chemical composition, pressure and temperature; Authorised by the Chief Parliamentary Counsel 401 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 4—Information to be set out in application for declaration of a part of a geological formation as an identified greenhouse gas storage formation (h) seismic information about the area, including the history of seismic activity in the area; (i) the conduct of any previous exploration activity in the area of the storage formation for petroleum or greenhouse gas substances; (j) the existence of abandoned wells, including a map showing the location of each abandoned well, and any information available to the applicant about— (i) their location; and (ii) the history of their construction; and (iii) how they were plugged; and (iv) the kind of cement that was used to plug them; and (v) other aspects of the nature of the wells. 4 A depositional model of the storage formation, relating to the reservoir and the seal rocks. 5 Any other geological information that may be relevant to the long-term safe and secure storage of the greenhouse gas substance, including information that relates to an area outside the permit area, lease area or licence area. Part 2—Information about plume migration 1 (1) A description of what the applicant predicts to be each expected migration pathway relating to the storage formation for which the applicant has estimated the probability of occurrence to be more than 10%. Note See section 23(5) of the Act. (2) The prediction must be set out and explained in sufficient detail to satisfy the Minister that the prediction is likely to be sound. (3) The prediction must be based on— (a) the particular amount of greenhouse gas injected; and (b) the particular greenhouse gas substance; and (c) the particular point or points of injection; and Authorised by the Chief Parliamentary Counsel 402 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 4—Information to be set out in application for declaration of a part of a geological formation as an identified greenhouse gas storage formation (d) the particular injection period— which form the fundamental suitability determinants of the storage formation. Note See section 23(8) of the Act. 2 Details of any modelling undertaken to make the prediction, including details of— (a) the methodology used; and (b) the types of models used; and (c) any assumptions made in the course of the modelling. 3 The probability distributions associated with the prediction. Part 3—Information about engineering enhancements 1 (1) A description of any proposed engineering enhancements that will be made in relation to the storage formation. (2) The description must be set out in sufficient detail to satisfy the Minister that any risks relating to the containment of the greenhouse gas substance in the storage formation are likely to be acceptable, taking into account the proposed engineering enhancements. 2 Details of the risk assessment analysis used by the applicant to support the proposed engineering enhancements, including, for each risk factor— (a) a description of the risks associated with the storage formation; and (b) the possible consequences of each risk factor; and (c) an assessment of the probabilities of occurrence and possible consequences; and (d) an explanation of how the risk has been, or will be eliminated or reduced to as low as practicable. Authorised by the Chief Parliamentary Counsel 403 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011

  959. Schedule 4—Information to be set out in application for declaration of a part — Information to be set out in application for declaration of a part

    Schedule 4—Information to be set out in application for declaration of a part of a geological formation as an identified greenhouse gas storage formation Part 4—Information about estimated spatial extent of the storage formation 1 (1) A description of each graticular block in the offshore area which the applicant believes will be occupied by the injected greenhouse gas substance during the period starting when the injection of the greenhouse gas substance commences and ending at the earliest time at which a closing certificate could be issued for the project. (2) The description must include the location of each injection point. Note A factor in identifying the appropriate graticular blocks is the location of what the applicant predicts to be each expected migration pathway relating to the storage formation for which the applicant has estimated the probability of occurrence to be more than 10%. 2 A description of each graticular block in the offshore area— (a) to which item 1 of this Part does not apply; and (b) which is within the permit area; and (c) which is contiguous with a graticular block to which item 1 of this Part applies; and (d) to which the applicant will require access for the purpose of managing the project. 3 An explanation of the three-dimensional extent of the effective sealing mechanism within the spatial extent of the storage formation. Authorised by the Chief Parliamentary Counsel 404 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 5—Information that must be set out in Part B of site plan Schedule 5—Information that must be set out in Part B of site plan Regulation 168(4) Part 1—Information about project planning and management 1 Sufficient information to satisfy the Minister that— (a) adequate planning has taken place in relation to the operations; and (b) the greenhouse gas injection licensee has access to sufficient resources to manage the financial and technical aspects of the project; and (c) the greenhouse gas injection licensee intends to deploy those resources to manage the financial and technical aspects of the project. 2 Details of— (a) any joint venture arrangements between the applicants for the greenhouse gas injection licence; and (b) any operator that has been appointed to represent the titleholders in relation to the proposed injection licence; and (c) any commercial agreements or negotiations undertaken with suppliers of greenhouse gas substances for injection. Note Information marked as commercial-in-confidence will not be made available publicly. 3 The name of the person who is to be the single point of contact on matters relating to the project, and— (a) clear chains of command; and (b) the person's contact details. Note There may be different chains of command for different elements of the project. Authorised by the Chief Parliamentary Counsel 405 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 5—Information that must be set out in Part B of site plan Part 2—Information about overview of operations 1 A description of the facilities. 2 A description of the proposed rates of injection. 3 A description of the injection pressures. 4 A description of the number and location of injection wells. 5 The source, composition and other relevant physical and chemical properties of each greenhouse gas substance proposed for storage. 6 A project schedule. 7 An explanation of the indicative timing proposed for each major milestone of the operations. 8 Information about significant works and upgrades that are planned over the life of the operations. Part 3—Information about storage formation integrity 1 The information relating to integrity of the storage formation that was included in the application for the declaration of the part of the geological formation as an identified greenhouse gas storage formation. Part 4—Information about plume migration modelling 1 The information relating to plume migration that was included in the application for the declaration of the part of the geological formation as an identified greenhouse gas storage formation. Part 5—Information about predictions relating to the behaviour of each greenhouse gas substance 1 Sufficient information to satisfy the Minister that the predictions presented in Part A of the site plan are soundly based. 2 Information demonstrating that the information in item 1 of this Part has been prepared having regard to all identified behaviours of each greenhouse gas substance that is, or is to be, stored in the greenhouse Authorised by the Chief Parliamentary Counsel 406 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 5—Information that must be set out in Part B of site plan gas storage formation, whether or not the behaviour has been identified in Part A. 3 An undertaking to provide revised predictions at times approved by the Minister. Part 6—Information about risk assessment, analysis and control and remediation strategies 1 The information relating to— (a) risk assessments; and (b) analysis and control relating to the containment of the greenhouse gas substance that is, or is to be, stored in the greenhouse gas storage formation; and (c) remediation strategies relating to the containment of the greenhouse gas substance that is, or is to be, stored in the greenhouse gas storage formation— that was included in the application for the declaration of the part of the geological formation as an identified greenhouse gas storage formation. 2 Sufficient information about any identified risk factors that were not included in the application for the declaration of the part of the geological formation as an identified greenhouse gas storage formation to satisfy the Minister that residual risks, after taking into account proposed risk control and remediation strategies have been taken into account, are acceptable. Examples Leakages from well bores, leakages during transport and injection, any abandoned wells that could adversely affect the storage formation. 3 Details of the risk assessment analysis used by the applicant to identify the risk factors, including, for each risk factor— (a) a description of the risk factor; and (b) the possible consequences of each risk factor; and (c) an assessment of the probabilities of occurrence and possible consequences; and (d) an explanation of how the risk factor has been eliminated or reduced to as low as practicable. Authorised by the Chief Parliamentary Counsel 407 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 5—Information that must be set out in Part B of site plan 4 A description of any emergency response plan that may be needed, additional to the emergency response plans included in the safety case or the environment plan, including details of any strategies to be adopted and action to be taken under that plan. Part 7—Information about monitoring behaviour of the stored greenhouse gas substance in the storage formation 1 A plan for monitoring the behaviour of the greenhouse gas substance in the reservoir that is sufficient to satisfy the Minister that— (a) significant events in the reservoir will be detected in a timely fashion to enable any necessary mitigation and remediation activities to be initiated; and (b) the timing and nature of the monitoring will detect any variations from the predictions included in Part A of the site plan. 2 Details of— (a) any substance that is proposed to be used as a tracer for addition to the greenhouse gas substance; and (b) the concentration of the substance as used with the greenhouse gas substance. 3 A description of the threshold events which will be treated as reportable incidents in relation to the behaviour of the greenhouse gas substance in the storage formation, being— (a) departures from the predicted plume migration path or paths; or (b) migration rates; or (c) any other event that may be relevant. 4 A suitable plan for monitoring and detecting the leakage of the stored greenhouse gas substance to the seabed. Authorised by the Chief Parliamentary Counsel 408 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 5—Information that must be set out in Part B of site plan Part 8—Information about monitoring greenhouse gas substance losses from transport and injection activities 1 A suitable program for monitoring and detecting any leakages as a result of transportation or an injection activity. 2 An undertaking that a report of the results of monitoring, and any raw data collected during monitoring, will be provided to the Minister as soon as practicable after the completion of the monitoring. Part 9—Information about monitoring greenhouse as substance losses from well bore 1 A suitable program for monitoring and detecting leakages from any well bore that forms part of the operations. 2 An undertaking that a report of the results of monitoring, and any raw data collected during monitoring, will be provided to the Minister as soon as practicable after the completion of the monitoring. Part 10—Information about monitoring effects on petroleum industry 1 A description of the potential effect of the operations on the petroleum industry. 2 A summary of the contents of any designated agreement between the applicant and a petroleum titleholder. Part 11—Information about effect on other resources 1 A description of the potential effect of the operations on— (a) resources other than petroleum; and (b) the rights and interests of other users of the sea— including a description of any effect that could arise from injection and storage operations the applicant intends to undertake in the injection licence area and a suitable plan for reducing the potential effect of the operations to an acceptable level. Authorised by the Chief Parliamentary Counsel 409 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011

  960. Schedule 5—Information that must be set out in Part B of site plan — Information that must be set out in Part B of site plan

    Schedule 5—Information that must be set out in Part B of site plan Part 12—Information about site closure 1 A suitable plan for carrying out any work that is required to remediate the storage formation, including— (a) plugging of wells; or (b) stabilising the subsurface; or (c) remediating any abandoned wells or other features that could pose a risk of leakage of the greenhouse gas substance after a closing certificate has been issued. 2 A suitable plan for monitoring activities that are to be undertaken after injection ceases. Part 13—Information about consultation 1 A description of— (a) any consultations that have taken place with stakeholders, including other users of the sea that might be affected by the proposed operations; and (b) the outcomes of the consultations. 2 A suitable strategy for consultation with stakeholders to establish mechanisms for interaction with stakeholders over the life of the operations. Authorised by the Chief Parliamentary Counsel 410 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 6—Information that must be set out in summary of site plan

  961. Schedule 6—Information that must be set out — Information that must be set out

    Schedule 6—Information that must be set out in summary of site plan Regulation 169(1) 1 A short description of— (a) the project; and (b) the size of its footprint; and (c) the schedule for carrying on the project. 2 The project's location, including— (a) the latitude and longitude; and (b) the distance of the location from the nearest point of the Australian mainland; and (c) the distance of the location from the nearest Australian town and the nearest Australian capital city. 3 A description of the title. 4 The name of each current titleholder. 5 For the project— (a) its storage capacity; and (b) the proposed injection amount and the period of injection for each greenhouse gas substance to be injected; and (c) the number and location of the proposed injection wells. 6 Details of the proposed monitoring program that will verify plume behaviour. Authorised by the Chief Parliamentary Counsel 411 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 7—Initial well completion data

  962. Schedule 7—Initial well completion data — Initial well completion data

    Schedule 7—Initial well completion data Regulations 266 and 302 Item Type of data Standard media Standard formats 1 Raw data, edited field CD-ROM, DVD or LIS, DLIS or data and processed portable hard drive LAS data for all wireline logs, MWD or LWD tools 2 Log displays CD-ROM, DVD or PDS, META, portable hard drive PDF or TIF 3 Edited field data and CD-ROM, DVD or LIS, DLIS, processed data for portable hard drive ASCII, LAS borehole deviation or XLS surveys 4 Mudlogging data CD-ROM, DVD or ASCII or LAS portable hard drive 5 Mudlog display CD-ROM, DVD or TIF or PDF portable hard drive 6 If generated, data from CD-ROM, DVD or DLIS or SEG-Y velocity surveys portable hard drive for raw data and including— processed data (a) raw data; and DLIS, SEG-Y (b) processed data; or ASCII for and checkshot data (c) checkshot and time/depth analysis 7 Velocity survey CD-ROM, DVD or TIF, JPEG, PDF displays portable hard drive or PDS 8 Photography of the CD-ROM, DVD or JPEG, PNG core and sidewall core, portable hard drive or TIF in both natural and UV light Authorised by the Chief Parliamentary Counsel 412 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 8—Final well completion data

  963. Schedule 8—Final well completion data — Final well completion data

    Schedule 8—Final well completion data Regulations 267 and 303 Item Type of data Standard media Standard formats 1 Interpretative log CD-ROM, DVD or LIS, DLIS, analysis portable hard drive ASCII, LAS or XLS 2 Composite well log CD-ROM, DVD or TIF, JPEG portable hard drive or PDF 3 Well index sheet CD-ROM, DVD or PDF portable hard drive 4 Petrophysical, CD-ROM, DVD or ASCII or XLS geochemical or other portable hard drive sample analyses Authorised by the Chief Parliamentary Counsel 413 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 9—Survey acquisition data

  964. Schedule 9—Survey acquisition data — Survey acquisition data

    Schedule 9—Survey acquisition data Regulations 269 and 305 Part 1—For seismic surveys Item Type of data Standard media Standard formats 1 Raw navigation data CD-ROM, DVD, UKOOA (P2/94 portable hard drive or later) or 3592 cartridge 2 Seismic field data 3592 cartridge SEG Standard 3 Seismic support data CD-ROM, DVD or PDF portable hard drive 4 Itemised field tape CD-ROM, DVD or ASCII listing showing— portable hard drive (a) tape number; and (b) survey name; and (c) line number; and (d) shotpoint range; and (e) data type Part 2—For other surveys Item Type of data Standard media Standard formats 1 Field data CD-ROM, DVD or ASCII portable hard drive 2 Field support and CD-ROM, DVD or ASCII navigation data portable hard drive Authorised by the Chief Parliamentary Counsel 414 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 10—Processed survey data Schedule 10—Processed survey data Regulations 270 and 306 Part 1—For 2D seismic surveys Item Type of data Standard media Standard formats 1 Raw and final stacked 3592 cartridge SEG-Y data, including near/mid/far sub-stacks if generated 2 Raw and final 3592 cartridge SEG-Y migrated data, including— (a) pre-stack time migration (PSTM); and (b) pre-stack depth migration (PSDM); and (c) near/mid/far sub-stacks 3 Final processed CD-ROM, DVD or UKOOA (P1/90 navigation, elevation portable hard drive or later) and bathymetry data 4 Shotpoint to common CD-ROM, DVD or ASCII depth point (CDP) portable hard drive relationship 5 Data for both stacked CD-ROM, DVD or ASCII and migrated portable hard drive velocities, including— (a) line number; and (b) shotpoint; and (c) time versus root mean square (RMS) pairs Authorised by the Chief Parliamentary Counsel 415 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 10—Processed survey data Item Type of data Standard media Standard formats 6 Itemised process tape CD-ROM, DVD or ASCII listing showing— portable hard drive (a) tape number; and (b) survey name; and (c) line number; and (d) shotpoint range; and (e) common depth points (CDPs); and (f) data type Part 2—For 3D seismic surveys Item Type of data Standard media Standard formats 1 Raw and final stacked 3592 cartridge SEG-Y data, including near/mid/far sub-stacks if generated 2 Raw and final 3592 cartridge SEG-Y migrated data, including— (a) pre-stack time migration (PSTM); and (b) pre-stack depth migration (PSDM); and (c) near/mid/far sub-stacks 3 Final processed CD-ROM, DVD or UKOOA (P1/90 navigation, elevation portable hard drive or later) and bathymetry data Authorised by the Chief Parliamentary Counsel 416 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011

  965. Schedule 10—Processed survey data — Processed survey data

    Schedule 10—Processed survey data Item Type of data Standard media Standard formats 4 Final navigation data CD-ROM, DVD or UKOOA (P6/98 in the form of— portable hard drive or later) (a) final processed (grid) bin coordinates; and (b) polygonal position data (outline of the full fold area) 5 Data for both stacked CD-ROM, DVD or ASCII and migrated portable hard drive velocities, including— (a) bin number; and (b) time versus root mean square (RMS) pairs 6 2D data subset, if 3592 cartridge SEG-Y production is required as a condition of the grant of a title 7 Itemised process tape CD-ROM, DVD or ASCII listing showing— portable hard drive (a) tape number; and (b) survey name; and (c) in-lines and crosslines; and (d) data type Part 3—For other surveys Item Type of data Standard media Standard formats 1 Final processed data CD-ROM, DVD or ASCII or portable hard drive ASEG-GDF2 2 Final processed CD-ROM, DVD or PDF images portable hard drive Authorised by the Chief Parliamentary Counsel 417 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 11—Interpretative survey data

  966. Schedule 11—Interpretative survey data — Interpretative survey data

    Schedule 11—Interpretative survey data Regulations 271 and 304 Item Type of data Standard media Standard formats 1 Digital images of CD-ROM, DVD or Georeferenced interpretation maps portable hard drive TIF or PDF Authorised by the Chief Parliamentary Counsel 418 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Schedule 12—Transfer of title

  967. Schedule 12—Transfer of title — Transfer of title

    Schedule 12—Transfer of title Regulation 329 State of Victoria Transfer of title under Part 4.3 or Part 5.3 of the Offshore Petroleum and Greenhouse Gas Storage Act 2010 I/We (1) (2) being the registered holder/holders (1) of (3) in consideration of (4) hereby transfer all right, title and interest in that (3) to (5) IN WITNESS of this transfer the parties to the transfer have affixed their respective common seals or signatures below on this day of 20 . (6) (7) –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTES: (1) Delete whichever is inapplicable. (2) Insert the name of the transferor, or where there are two or more transferors, the name of each transferor. (3) Insert the type (e.g. exploration permit, production licence), and number, of the property transferred that is a title within the meaning of section 503 or 561 of the Act. (4) Insert the value of the consideration for the transfer or the value of the title transferred. Where the transfer of the title is pursuant to a dealing which has been approved and registered under the Act, insert a reference that is sufficient to identify that dealing. (5) Insert the name and address of the transferee, or where there are two or more transferees, the name and address of each transferee. (6) Affix the common seal or signature of the transferor or of each transferor, as the case may be. (7) Affix the common seal or signature of the transferee or of each transferee, as the case may be. ═══════════════ Authorised by the Chief Parliamentary Counsel 419 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. The Offshore Petroleum and Greenhouse Gas Storage Regulations 2011, S.R. No. 153/2011 were made on 13 December 2011 by the Governor in Council under section 794 of the Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010 and came into operation on 1 January 2012: regulation 3. The Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 will sunset 10 years after the day of making on 13 December 2021 (see section 5 of the Subordinate Legislation Act 1994). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in

  968. Schedule 1 to that Act. — to that Act

    Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B). Authorised by the Chief Parliamentary Counsel 420 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Endnotes • Examples, diagrams or notes All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A). • Punctuation All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B). • Provision numbers All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E). Authorised by the Chief Parliamentary Counsel 421 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Endnotes 2 Table of Amendments This publication incorporates amendments made to the Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2012, S.R. No. 133/2012 Date of Making: 27.11.12 Date of Commencement: 1.12.12: reg. 3 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012, S.R. No. 160/2012 Date of Making: 19.12.12 Date of Commencement: 1.1.13: reg. 3 Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2016, S.R. No. 123/2016 Date of Making: 4.10.16 Date of Commencement: 4.10.16 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel 422 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Endnotes 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. Authorised by the Chief Parliamentary Counsel 423 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Endnotes 4 Explanatory details 1 Reg. 11: The revocation of regulation 11 through its substitution by regulation 9 of the Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2016 does not affect the previous operation of that regulation or anything duly done under that regulation: see section 28(2)(d) of the Interpretation of Legislation Act 1984. 2 Reg. 20: The revocation of regulation 20 through its substitution by regulation 15 of the Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2016 does not affect the previous operation of that regulation or anything duly done under that regulation: see section 28(2)(d) of the Interpretation of Legislation Act 1984. 3 Reg. 21: The amendment of regulation 21 by regulation 16 of the Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2016 does not affect the previous operation of that regulation or anything duly done under that regulation: see section 28(2)(d) of the Interpretation of Legislation Act 1984. 4 Reg. 22: The amendment of regulation 22 by regulation 17 of the Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2016 does not affect the previous operation of that regulation or anything duly done under that regulation: see section 28(2)(d) of the Interpretation of Legislation Act 1984. —— Authorised by the Chief Parliamentary Counsel 424 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Endnotes Table of Applied, Adopted or Incorporated Matter The following table of applied, adopted or incorporated matter was included in S.R. No. 153/2011 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory Rule Title of applied, adopted or Matter in Provision incorporated document applied, adopted or incorporated document Regulation 41, Adopted National Exposure The whole definition of Standards for Atmospheric Adopted National Contaminants in the Exposure Standards Occupational Environment for Atmospheric [NOHSC:1003(1995)] Contaminants in the published by the National Occupational Occupational Health and Environment and Safety Commission in 1995, regulation 99(4), as amended from time to time definition of appropriate exposure standard Regulation 41, Approved Criteria for The whole definition of Classifying Hazardous Approved Criteria Substances for Classifying [NOHSC:1008(2004)], Hazardous 3rd Edition, published by the Substances and National Occupational Health regulation 99(4), and Safety Commission in definition of October 2004, as amended hazardous substance, from time to time paragraph (b) Regulation 41, AS/NZS 2299.1:2007, The whole definition of Occupational diving AS/NZS 2299.1:2007 operations, Part 1: Standard and regulation Operational Practice, 153(2)(a) and (2)(d) published jointly by Standards Australia and Standards New Zealand on 31 August 2007, as amended from time to time Authorised by the Chief Parliamentary Counsel 425 Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 S.R. No. 153/2011 Endnotes Statutory Rule Title of applied, adopted or Matter in Provision incorporated document applied, adopted or incorporated document Regulation 41, List of Designated Hazardous The whole definition of Substances List of Designated [NOHSC:10005(1999)] Hazardous published by the National Substances and Occupational Health and regulation 99(4), Safety Commission in April definition of 1999, as amended from time hazardous substance, to time paragraph (a) Regulation 41, National Code of Practice for The whole definition of Noise Management and National Code of Protection of Hearing at Work Practice for Noise [NOHSC: 2009(2004)], Management and 3rd Edition, published by the Protection of National Occupational Health Hearing at Work and and Safety Commission in regulation 100(3)(a) June 2004, as amended from time to time Regulation 41, National Model Regulations The whole definition of for the Control of Workplace National Model Hazardous Substances Regulations for the [NOHSC:1005(1994)] Control of published by the National Workplace Occupational Health and Hazardous Safety Commission in 1994, Substances and as amended from time to time regulation 98(4) Regulation 41, National Standard for The whole definition of Occupational Noise [NOHSC: National Standard 1007(2000)], 2nd Edition, for Occupational published by the National Noise and regulation Occupational Health and 100(6), definition of Safety Commission in July noise exposure 2000, as amended from time standard to time Authorised by the Chief Parliamentary Counsel 426

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