Energy Resources Regulations 2013 (SA)

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South Australia

Energy Resources Regulations 2013

under the Energy Resources Act 2000

Part 1Preliminary1Short title

These regulations may be cited as the Energy Resources Regulations 2013.

3Interpretation
  1. (1)

    In these regulations, unless the contrary intention appears—

Act means the Energy Resources Act 2000;

consequence means the outcome or outcomes of an event (from either a qualitative or quantitative perspective);

Core Library means the facility of that name within the department;

event means an incident or situation which occurs in a particular place at a particular time as a result of a regulated activity;

Geocentric Datum of Australia 2020 or GDA 2020 has the same meaning as in the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 made under section 8A of the National Measurement Act 1960 of the Commonwealth;

quarter means a period of 3 months ending on 30 September, 31 December, 31 March or 30 June.

  1. (2)

    For the purposes of paragraph (f) of the definition of regulated substance in section 4(1) of the Act, a synthetic hydrocarbon is declared as a substance to which the Act applies.

Part 1ALicences3ARegulated substance production licence

For the purposes of section 34(4a) of the Act, operations of the following kinds are prescribed:

  1. (a)

    recovering a regulated substance from the ground, including—

    1. (i)

      operations involving the injection of a regulated substance into a natural reservoir for the recovery (or enhanced recovery) of another regulated substance; and

    2. (ii)

      if the terms of the licence so provide—the extraction of a regulated substance by artificial means such as in situ gasification or the techniques used to recover coal seam methane;

  2. (b)

    the processing of a regulated substance;

  3. (c)

    the storage or withdrawal of a regulated substance for its supply or delivery to the market.

Part 2Licence applications4General requirements

An application for a licence, or for the renewal of a licence, under the Act—

  1. (a)

    must be addressed to the Minister; and

  2. (b)

    must be signed or executed by the applicant; and

  3. (c)

    must include, or be accompanied by, the following information or material (in addition to the material required by the Act):

    1. (i)

      the full name, business address and telephone number of the applicant;

    2. (ii)

      the name and telephone number of a person who can be contacted about the application;

    3. (iii)

      a description of the area or route to which the application relates, using co‑ordinates in a form determined or approved by the Minister and, if available, cadastral boundaries;

    4. (iv)

      in the case of an application for a licence—a map indicating the area or route to which the application relates and, in the case of an application for a pipeline licence, indicating significant topographical, environmental and cultural features;

    5. (v)

      information on the size of the area or length of the route to which the application relates, expressed in square kilometres or kilometres (as appropriate);

    6. (vi)

      in the case of an application for a licence—

      1. (A)

        in the case of an incorporated body—a copy of the body's most recent audited annual financial statements;

      2. (B)

        in any other case—statements that demonstrate the expected financial position of the applicant over the anticipated term of the licence (or a shorter term determined by the Minister);

    7. (vii)

      in the case of an application for a licence—a statement of the technical qualifications and experience of the applicant;

    8. (viii)

      in the case of an application for a licence—if the application is being made by more than one person—information on the interest that each person will have in the licence (which may be expressed as a percentage).

5Preliminary survey and speculative survey licences

An application for a preliminary survey licence or a speculative survey licence, or for the renewal of a preliminary survey licence or a speculative survey licence, must also include, or be accompanied by, the following information or material:

  1. (a)

    if relevant, material identifying any existing licences that are wholly or partially contained within the proposed area of the licence;

  2. (b)

    a description of the regulated activities to be carried out under the licence.

6Exploration licences

An application for an exploration licence, or for the renewal of an exploration licence, must also include, or be accompanied by, the following information or material:

  1. (a)

    the proposed work program and information as to the approximate cost of operations to be carried out under the program in each year of the licence;

  2. (b)

    a technical report that assesses the prospectivity of the area and how the proposed work program relates to this prospectivity;

  3. (c)

    if applications have been invited by public advertisement—a statement that addresses the stated criteria.

7Retention licences

An application for a retention licence, or for the renewal of a retention licence, must also include, or be accompanied by, the following information or material:

  1. (a)

    the proposed work program and information as to the approximate cost of operations to be carried out under the program in each year of the licence;

  2. (b)

    in the case of an application that relates to a proposed or existing petroleum retention licence, regulated substance retention licence or geothermal retention licence—all information reasonably required to enable the Minister to assess whether a regulated resource has been discovered in the licence area and the potential of the discovery to be brought to commercial production within 15 years, including an assessment of the factors and risks that may influence predicted outcomes;

  3. (c)

    in the case of an application that relates to a proposed gas storage retention licence—all information reasonably required to enable the Minister to assess whether—

    1. (i)

      the grant of the licence is reasonable to facilitate the testing of the relevant natural reservoir for the storage of a regulated substance; or

    2. (ii)

      the grant of the licence may proceed because the use of the relevant natural reservoir for the storage of a regulated substance is not currently commercially feasible or reasonable (including by virtue of the fact that production of a regulated substance from a related area is not currently commercially feasible);

  4. (d)

    in the case of an application that relates to an existing gas storage retention licence in circumstances where the Minister has determined that it appears the natural reservoir is more likely than not to be used in connection with the production of a regulated substance—all information reasonably required for the Minister to assess whether the natural reservoir is more likely than not to be used in connection with the production of a regulated substance within the next 15 years, including an assessment of the factors and risks that may influence predicted outcomes;

  5. (e)

    a map showing an outline of the proposed area for the purposes of the Act, the location of the relevant natural resource and, in the case of a petroleum retention licence or a regulated substance retention licence, setting out the area of the discovery in square kilometres together with a technical justification for the area that has been chosen.

8Production licences

An application for a production licence must also include, or be accompanied by, the following information or material:

  1. (a)

    in the case of an application that relates to a petroleum production licence, a regulated substance production licence or a geothermal production licence—all information reasonably required to enable the Minister to assess whether a regulated resource has been discovered in the licence area and that production is currently commercially feasible or more likely than not to become commercially feasible within the next 24 months;

  2. (b)

    a map showing an outline of the proposed area for the purposes of the Act, the location of the relevant natural resource and, in the case of a petroleum production licence or a regulated substance production licence, setting out the area of the discovery in square kilometres together with a technical justification for the area that has been chosen;

  3. (c)

    information on the day on which operations would commence under the licence and the anticipated monthly production, injection or utilisation of the resource under the licence for the first 12 months following the commencement of operations.

9Pipeline licences

An application for a pipeline licence, or for an authorisation to alter or modify a pipeline or pipeline licence, must also include, or be accompanied by, the following information or material:

  1. (a)

    technical details concerning the proposed pipeline, alteration or modification (including (if relevant) diameter, wall thickness, length, design pressure and design flow rate);

  2. (b)

    if relevant, the type and location of all tanks, plant, equipment, machinery and other infrastructure that the applicant proposes to use or install;

  3. (c)

    information on any public or private interest known to the applicant that would be affected by the grant of the licence or the making of the alteration or modification;

  4. (d)

    unless an existing statement of environmental objectives applies—an environmental impact report and a draft statement of environmental objectives.

Part 2ARental9AAmount of rent
  1. (1)

    Subject to this regulation, for the purposes of section 45A(2) of the Act, the holder of a licence to whom section 45A of the Act applies must, in respect of each year in which a natural reservoir is utilised by the person to store a regulated substance, pay to the Minister—

    1. (a)

      if the regulated substance is to be held indefinitely in a natural reservoir—an amount of rent calculated in accordance with the following:

    Where—

    A is the amount of rent payable

    R is the prescribed rate

    V1, subject to any adjustment made in accordance with subregulation (3), is the volume of the natural reservoir utilised to store the regulated substance in the previous year in which rent was payable by the person

    V2 is the volume of the natural reservoir utilised to store the regulated substance in the relevant year; or

    1. (b)

      in any other case—an amount of rent calculated in accordance with the following:

    Where—

    A is the amount of rent payable

    R is the prescribed rate

    V is the average maximum volume of the natural reservoir utilised to store the regulated substance in the relevant year.

  2. (2)

    For the purposes of subregulation (1)(a) and (b), the prescribed rate is $0.25 per m3.

  3. (3)

    For the purposes of calculating an amount of rent under subregulation (1)(a), if there has been an increase in the volume of the regulated substance stored in a natural reservoir in the relevant year, the volume referred to in V1 of the formula in that subregulation is to be adjusted for any change in the storage conditions in the natural reservoir (such as pressure or temperature) as a result of the increased volume.

  4. (4)

    For the purposes of subregulation (1)(b), the average maximum volume is to be calculated by reference to the maximum volume of the natural reservoir utilised to store the regulated substance in each month in the relevant year.

  5. (5)

    The Minister may, as the Minister thinks fit in a particular case and after consultation with the person who is liable to pay rental, adjust the amount of rental payable as calculated in accordance with this regulation to take into account variations in the storage conditions of the natural reservoir (such as pressure or temperature) that may affect the volume of the natural reservoir utilised for storage.

    Example—

    The Minister may consider fixed or average storage conditions in respect of each year in which a natural reservoir is utilised by the person to store a regulated substance and make adjustments accordingly.

  6. (6)

    The Minister may, with the agreement of the person who is liable to pay rental, vary the method of calculation set out in this regulation as the Minister thinks fit in a particular case.

9BRental return – prescribed period

For the purposes of section 45B of the Act, the prescribed period is the period of 30 days following the end of each year in which a natural reservoir is utilised to store a regulated substance.

Part 2BNotice of entry on land9CNotice of entry on land

For the purposes of section 61 of the Act, a notice must—

  1. (a)

    state the full name and business address of the licensee; and

  2. (b)

    provide the name and telephone number of a person who can be contacted about the notice; and

  3. (c)

    provide a reasonable description of the types of activities proposed to be carried out on the land; and

  4. (d)

    identify the place or places where the activities are to be carried out and indicate the proposed duration of the activities; and

  5. (e)

    insofar as is relevant to the particular land—provide reasonable information on the anticipated events and consequences associated with the activities, and on the action that is proposed to be taken to manage and address those events and consequences, in order to enable the occupier to make an informed decision about the impact or potential impact of the activities on the land; and

  6. (f)

    if it is proposed to commence negotiations for an easement in connection with the construction of a pipeline while activities are being carried out under a preliminary survey licence—

    1. (i)

      provide reasonable information about the proposed construction and operation of the pipeline that may be relevant to the owner; and

    2. (ii)

      provide reasonable information about the scheme under the Act for the compulsory acquisition of an interest in land (including with rights to compensation); and

  7. (g)

    state whether the owner may object to the proposed entry under the Act and, if so, the fact that a notice of objection must be given to the licensee within 14 days after service of the notice of entry; and

  8. (h)

    provide reasonable information on the rights of an owner of land to claim compensation under the Act to cover—

    1. (i)

      deprivation or impairment of the use and enjoyment of the land; and

    2. (ii)

      damage to the land (not including damage that will be made good by the licensee); and

    3. (iii)

      damage to, or disturbance of, any business or other activity lawfully conducted on the land; and

    4. (iv)

      consequential loss suffered or incurred by the owner on account of the licensee entering the land and carrying out regulated activities under the Act; and

  9. (i)

    state that compensation under the Act is not to be related to the value or possible value of resources contained in the land and that dissatisfaction with any compensation is not a ground for objecting to any entry on to the land; and

  10. (j)

    state that compensation under the Act may include an additional component to cover reasonable costs reasonably incurred in connection with negotiating and resolving issues associated with gaining access to the land, undertaking activities on the land, and determining appropriate levels of compensation under the Act; and

  11. (k)

    state that any dispute over access or compensation may ultimately be resolved by application to the relevant court; and

  12. (l)

    inform the person that the activities to which the notice relates are conducted under the Act and that any concerns or issues associated with the conduct of the activities may be raised with the department; and

  13. (m)

    be accompanied by a copy of Part 10 of the Act.

Part 3Environment protection9DEnvironmental impact assessment criteria
  1. (1)

    For the purposes of section 96A(2) of the Act, the Minister should aim to review the environmental impact assessment criteria at least once every 5 years.

  2. (2)

    The Minister must, in reviewing the environmental impact assessment criteria, consult with relevant government agencies and relevant persons and groups as determined by the Minister.

10Environmental impact report
  1. (1)

    For the purposes of any environmental impact report required under Part 12 of the Act, a licensee must provide the following information or material:

    1. (a)

      a description of the regulated activities to be carried out under the licence (including their location);

    2. (b)

      1. (i)

        a description of the specific elements of the environment that can reasonably be expected to be affected by the activities, with particular reference to the environment and existing land uses; and

      2. (ii)

        an assessment of the cultural and heritage values of Aboriginal and other Australians which could reasonably be foreseen to be affected by the activities in the area of the licence, and the public health and safety risks inherent in those activities (insofar as these matters are relevant in the particular circumstances); and

      3. (iii)

        if required by the Minister—a prudential assessment of the security of natural gas supply;

    3. (f)

      information on any consultation that has occurred with the owner of the relevant land, any Aboriginal groups or representatives, any agency or instrumentality of the Crown, or any other relevant stakeholders, including specific details about relevant issues that have been raised and any response to those issues, but not including confidential information.

  2. (2)

    The Minister may require that a person provide further information or materials (verified, if the Minister so requires, in a manner determined by the Minister) to assist in assessing potential events and consequences that may arise from particular activities.

  3. (3)

    Information and material provided under subregulation (1) or (2) must—

    1. (a)

      be balanced, objective and concise; and

    2. (b)

      state any limitations that apply, or should apply, to the use of the information and material; and

    3. (c)

      identify any matter in relation to which there is a significant lack of relevant information or a significant degree of uncertainty; and

    4. (d)

      so far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and

    5. (e)

      so far as is reasonably practicable, be presented in a way that allows a person assessing the information or material to understand how conclusions have been reached and allows the information or material to be used to make an informed decision on the level of environmental impact of particular activities without the need to obtain additional technical advice.

  4. (4)

    Information or material provided under this regulation must be accompanied by a declaration signed or executed by a person (being either the licensee or applicant or a person authorised by the licensee or applicant) who has taken reasonable steps to review the information and material to ensure its accuracy.

  5. (5)

    Information and material provided under this regulation must be kept available for public inspection in accordance with directions of the Minister.

11Consultation by licensee
  1. (1)

    For the purposes of sections 97(6) and 99(3) of the Act, a licensee must comply with the requirements of this regulation in undertaking consultation on a proposed environmental impact report or a proposed statement of environmental objectives.

  2. (2)

    The licensee must prepare a consultation plan that—

    1. (a)

      states the day on which consultation is due to commence; and

    2. (b)

      includes a list of—

      1. (i)

        all identified owners of the land to which the report or statement relates; and

      2. (ii)

        any affected agency or instrumentality of the Crown; and

    3. (c)

      describes the method of engagement to be used in consultation, including how the licensee intends to respond to relevant issues raised as a result of consultation; and

    4. (d)

      focuses the engagement on the environmental objectives and assessment criteria necessary to be achieved to demonstrate that any potential consequences of the proposed activities will be adequately managed and controlled; and

    5. (e)

      identifies all relevant parts in the environmental impact report or statement of environmental objectives that are to be consulted on; and

    6. (f)

      complies with any other requirement notified to the licensee by the Minister.

  3. (3)

    A consultation plan prepared by a licensee who proposes to undertake activities requiring low level official surveillance must be given to the Minister at least 10 days before consultation is due to commence or within such shorter period as may be allowed by the Minister in a particular case.

  4. (4)

    A consultation plan prepared by a licensee who proposes to undertake activities requiring high level official surveillance must be submitted to the Minister for approval at least 10 days before consultation is due to commence or within such shorter period as may be allowed by the Minister in a particular case.

  1. (5)

    A licensee who proposes to undertake activities requiring high level official surveillance must not undertake consultation under a consultation plan that has not been approved by the Minister.

  2. (6)

    At the conclusion of consultation, the licensee must prepare a report on the results of consultation, setting out—

    1. (a)

      the persons consulted; and

    2. (b)

      any issues of concern raised by persons consulted; and

    3. (c)

      the steps (if any) taken or proposed to be taken by the licensee to address those concerns.

12Statement of environmental objectives
  1. (1)

    For the purposes of sections 99(1)(a) and 100(1)(d) of the Act, a statement of environmental objectives must be prepared, and contain information, in accordance with the requirements of this regulation.

  2. (2)

    A statement of environmental objectives may relate to—

    1. (a)

      regulated activities of a licensee (or prospective licensee); or

    2. (b)

      regulated activities of a particular kind.

  3. (3)

    A statement of environmental objectives must include—

    1. (a)

      objectives that relate to dealing with the impacts on various elements of the environment associated with carrying out the relevant regulated activity; and

    2. (b)

      criteria to be applied to determine whether or not the stated environmental objective has been achieved in a particular case.

  4. (4)

    The criteria under subregulation (3)(b)—

    1. (a)

      must include the following:

      1. (i)

        a description of the objective to be measured and the manner and form of the measurement to be used;

      2. (ii)

        the locations where the relevant measurements are to be taken, or how such locations are to be determined;

      3. (iii)

        the frequency of any measurement or monitoring;

      4. (iv)

        any background or control data that is to be used or the manner in which such data is to be obtained;

      5. (v)

        how the achievement of a relevant objective is to be determined (with consideration being given to any inherent errors of measurement);

      6. (vi)

        if required by the Minister—provisions with respect to assessing the ongoing fitness for purpose of management systems, facilities, plant, equipment, machinery or other infrastructure to ensure—

        1. (A)

          security of production or supply of natural gas; and

        2. (B)

          the protection of public safety; and

        3. (C)

          the protection of the environment; and

    2. (b)

      may include provisions with respect to—

      1. (i)

        gathering information and the conduct and timing of studies; and

      2. (ii)

        the conduct and timing of management system audits; and

    3. (c)

      must, so far as is reasonably practicable and appropriate, be expressed in quantitative (rather than qualitative) terms.

  5. (5)

    Information or material provided for the purpose of a statement of environmental objectives must—

    1. (a)

      be balanced, objective and concise; and

    2. (b)

      state any limitations that apply to the use of information; and

    3. (c)

      identify any matter in relation to which there is a significant lack of information or a significant degree of uncertainty; and

    4. (d)

      so far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and

    5. (e)

      be in a form determined by the Minister; and

    6. (f)

      be supported by such evidence as the Minister may require; and

    7. (g)

      comply with any requirements determined by the Minister in relation to the amount or detail of information that must be provided.

13Review of statement of environmental objectives
  1. (1)

    In accordance with section 102(1)(b) of the Act, an approved statement of environmental objectives must be reviewed by the licensee within 6 months of the end of each prescribed period.

  2. (2)

    For the purposes of section 102(3) of the Act, a licensee must, when submitting a revised statement of environmental objectives to the Minister, provide a report in writing to the Minister that outlines any changes made to the revised statement of environmental objectives as a result of the review.

  3. (3)

    In this regulation—

prescribed period means—

  1. (a)

    the period of 5 years from the day on which the relevant statement of environmental objectives is approved; or

  2. (b)

    such other period as may be determined by the Minister in a particular case.

14Consultation by Minister
  1. (1)

    For the purposes of section 105A of the Act, the Minister must undertake public consultation required under that section in accordance with the requirements of this regulation.

  2. (2)

    The Minister must publish a notice in such manner as the Minister thinks fit—

    1. (a)

      specifying a place at which a copy of the relevant environmental impact report and statement (or revised statement) of environmental objectives may be obtained; and

    2. (b)

      inviting written submissions in relation to the environmental impact report or statement (or revised statement) of environmental objectives to be given within a period specified in the notice (which must be at least 30 days after publication of the notice).

  3. (3)

    The Minister—

    1. (a)

      must give to the licensee a copy of any submission received by the Minister under this regulation within the relevant period specified by the Minister; and

    2. (b)

      may require the licensee to respond to any matter raised in any such submission within a period specified by the Minister.

  4. (4)

    A submission under subregulation (2)(b) or a response under subregulation (3)(b) cannot be made on the basis that the submission or response (or part of the submission or response) will be kept confidential.

  5. (5)

    The Minister may refuse to publish submissions made under this regulation on grounds that the submissions are irrelevant, offensive, or on any other grounds that the Minister thinks fit.

  6. (6)

    The Minister must cause copies of written submissions and responses made under this regulation to be available for inspection on the environmental register.

  7. (7)

    Before approving a statement (or revised statement) of environmental objectives, the Minister must be satisfied that—

    1. (a)

      the licensee has satisfactorily addressed any submissions received under this regulation; and

    2. (b)

      the licensee has amended the environmental impact report or statement (or revised statement) of environmental objectives (as the case may be) to take into account any submissions received under this regulation.

  8. (8)

    The Minister may, if appropriate, amend an environmental impact report as a result of consultation undertaken under this regulation.

Part 4Operator classification and activity notification16Preliminary
  1. (1)

    In this Part—

regulatory objectives are the objectives that must be achieved under the Act, these regulations, the relevant statement of environmental objectives and the conditions of a licence;

regulatory requirements means the requirements imposed by the Act, these regulations and the conditions of a licence.

16AManagement system – section 73A
  1. (1)

    For the purposes of section 73A of the Act, a management system must set out the following:

    1. (a)

      corporate policies of the licensee that address the achievement of regulatory requirements and objectives;

    2. (b)

      resources that will be applied to effectively implement the management system;

    3. (c)

      recognised industry practices and procedures that will be applied in—

      1. (i)

        undertaking regulated activities; and

      2. (ii)

        achieving compliance with regulatory requirements;

    4. (d)

      processes for managing physical, operational, procedural or organisational changes in respect of regulated activities;

    5. (e)

      systems that will manage risks allowing achievement of the regulatory objectives arising from undertaking regulated activities, including—

      1. (i)

        the controls that will be implemented to eliminate or reduce risks associated with regulated activities; and

      2. (ii)

        the systems that will ensure the implemented controls will be clearly defined and achieved;

    6. (f)

      practices and procedures to ensure employees, contractors and visitors to the licence area have the appropriate competency, training (including ongoing training), induction and supervision;

    7. (g)

      mechanisms for consulting and communicating with external parties in relation to regulated activities;

    8. (h)

      systems to identify, investigate and report incidents arising from regulated activities;

    9. (i)

      practices and procedures to be followed in the event of an emergency relating to regulated activities;

    10. (j)

      systems that monitor, evaluate, audit and review the effectiveness of all aspects of the management system, including the performance of controls;

    11. (k)

      any other relevant matter as determined by the Minister.

  2. (2)

    A licensee must comply with any requirements determined by the Minister in relation to the establishing and maintaining of a management system.

17Licensee classification – section 74
  1. (1)

    For the purposes of section 74 of the Act, the effectiveness of a licensee's management system is relevant to determining whether a licensee can be classified as a licensee who is carrying out activities requiring low level official surveillance.

  2. (2)

    The Minister must publish guidelines relating to the criteria that will be used in assessing the effectiveness of a licensee's management system.

18Activity notification – low level official surveillance
  1. (1)

    For the purposes of section 74(3) of the Act, notice of activities requiring low level official surveillance is to be given to the Minister at least 21 days before the proposed commencement of the activities or within such shorter period as the Minister may, in a particular case, allow.

Administrative penalty.

  1. (2)

    A notice under subregulation (1) must comply with the requirements of regulation 20.

19Activity notification – high level official surveillance
  1. (1)

    For the purposes of section 74(3) of the Act, an application for the Minister's approval for activities requiring high level official surveillance is to be given to the Minister at least 35 days before the proposed commencement of the activities or within such shorter period as the Minister may, in a particular case, allow.

Administrative penalty.

  1. (2)

    A notice under subregulation (1)—

    1. (a)

      must include, or be accompanied by, detailed information on the licensee's proposals in respect of the effectiveness of the licensee's management system; and

    2. (b)

      must comply with the requirements of regulation 20.

  2. (3)

    The Minister must, in determining whether to grant an approval under section 74(3)(a) of the Act, consider the effectiveness of a licensee's management system.

  3. (4)

    The Minister must not grant an approval under section 74(3)(a) of the Act unless or until the Minister is satisfied that the requirements of Part 12 of the Act have been complied with.

20Detailed activity information
  1. (1)

    A notice under regulation 18(1) or 19(1) must include, or be accompanied by, the following information or material:

    1. (a)

      the licence number and the name of the licensee;

    2. (b)

      a description of the relevant activity;

    3. (c)

      information on the proposed location of the relevant activity, using GDA 2020 coordinates, and including a map of the relevant area showing the proposed location of the relevant activity and significant topographical, environmental and cultural features;

    4. (d)

      the full name and business address of any contractor who will be involved to a significant degree in carrying out the activity;

    5. (e)

      the proposed commencement date and the estimated duration of the activity;

    6. (f)

      the name and address of the owner of the relevant land, a declaration concerning compliance with Part 10 of the Act and a copy of any notice provided under that Part, and (if relevant) information on any scheme or process that will be put in place for giving or providing notices or information to owners of the land as the activity progresses;

    7. (g)

      an assessment as to whether the relevant activity is covered by an existing statement of environmental objectives under Part 12 of the Act;

    8. (h)

      if the relevant activity involves a geophysical survey—

      1. (i)

        proposed geophysical techniques; and

      2. (ii)

        the length or area of the survey (in kilometres or square kilometres); and

      3. (iii)

        in the case of a seismic survey—the energy source proposed to be used and a list of proposed line names;

    9. (i)

      if the relevant activity involves well drilling—

      1. (i)

        the type of well to be drilled; and

      2. (ii)

        the proposed well name; and

      3. (iii)

        the expected depth of any well; and

      4. (iv)

        a geological prognosis; and

      5. (v)

        maps showing significant structural horizons; and

      6. (vi)

        information on primary and secondary targets, and an estimate of the hydrocarbon potential of each target; and

      7. (vii)

        information on any relevant evaluation program, including a program for acquiring cuttings samples according to the expected geological formations; and

      8. (viii)

        a target weight for each cutting's sample to be provided to the department under these regulations;

    10. (j)

      an assessment that indicates that any facility, equipment or system that is to be used for undertaking any drilling, production or pipeline related activity is fit for purpose so as to ensure compliance with the regulatory requirements of the Act.

  2. (2)

    The notice must include the full name, business address and telephone number of a person who can be contacted about the matters contained in the notice.

  3. (3)

    The Minister may require that a licensee provide further information or material in order to ensure that the department has comprehensive information on the proposed activities.

  4. (4)

    If a requirement is imposed under subregulation (3), the licensee must not commence the relevant activities until the Minister is satisfied that appropriate information has been provided.

  5. (5)

    The Minister may, if the Minister thinks fit, publicly release information on the location and type of any activity to be carried out under a licence.

21Assessment to be registered

If the Minister determines that activities are to be classified as requiring low level official surveillance, a note relating to that determination must be included on the environmental register.

Part 6Operational issuesDivision 1Geophysical surveys23Naming conventions
  1. (1)

    A licensee who carries out a geophysical survey must assign a distinguishing name or code to the survey, and to each line that makes up the survey.

  2. (2)

    A name or code assigned under subregulation (1) must not be the same, or substantially the same, as a name or code that has already been assigned to another survey (whether current or past) undertaken in Australia.

24Permanent markers
  1. (1)

    The Minister may require a licensee who carries out a geophysical survey to set in place permanent markers at survey base stations so as to provide survey location control.

  2. (2)

    A licensee must comply with a requirement under subregulation (1).

Administrative penalty.

  1. (3)

    Subject to complying with subregulation (1), a licensee must ensure that permanent markers are set so that they are—

    1. (a)

      unlikely to be disturbed by normal use of the land by others; and

    2. (b)

      unlikely to interfere with the normal activities of other users of the land; and

    3. (c)

      easily accessible.

Division 2Drilling25Naming of wells
  1. (1)

    A licensee who drills a well must assign a distinguishing name and number to the well.

Administrative penalty.

  1. (2)

    A name assigned under subregulation (1)—

    1. (a)

      must not be the same, or substantially the same, as a name that has already been assigned to another well in Australia (whether on‑shore or off‑shore); and

    2. (b)

      must conform with naming conventions recognised by the Minister.

  2. (3)

    A well (other than an decommissioned well) must be clearly marked in a permanent manner with its name and well number.

Administrative penalty.

26Location surveys

The licensee must, as soon as practicable after the location of a well is established, but in any event not later than 6 months after the drilling rig is released (or such longer period as the Minister may allow), determine the location and elevation of the well in accordance with requirements determined by the Minister for the purposes of this regulation.

Administrative penalty.

27Well evaluation

A licensee who drills a well must evaluate the geology through which the well passes, and the likelihood of occurrences of a regulated resource for which the licence is held—

  1. (a)

    in accordance with good industry practice; and

  2. (b)

    in accordance with any program specified for the purposes of regulation 20 subject to the qualification that the licensee may substitute another form of wireline logs that provide an outcome that is at least equivalent to the outcome that would be provided by the wireline logs originally specified in the program under that regulation; and

  3. (c)

    if required by the Minister—in accordance with an evaluation program specified by the Minister.

Administrative penalty.

28Deviation

A licensee must not, without the approval of the Minister, allow a well to be drilled so as to enter an area outside the area of the licence.

Administrative penalty.

Division 3Pipelines and flowlines29Pipelines and flowlines

Unless otherwise approved by the Minister, the design, manufacture, construction, operation, maintenance, testing and decommissioning of pipelines and flowlines must be carried out in accordance with the relevant requirements of AS 2885 Pipelines—Gas and Liquid Petroleum as in force from time to time.

Division 4Fitness for purpose assessments30Fitness for purpose assessments
  1. (1)

    This regulation prescribes the requirements envisaged by section 86A of the Act.

  2. (2)

    An assessment under this regulation must specifically address—

    1. (a)

      the physical condition of each facility; and

    2. (b)

      the effectiveness of management systems for the operation and maintenance of each facility; and

    3. (ba)

      the condition and operation of controls and the elements of the associated management system for maintaining those controls; and

    4. (c)

      the potential for the environment to affect the safe and effective operation of each facility; and

    5. (d)

      the potential for serious incidents to occur at each facility, including the potential for hazardous materials or substances stored at or near the facility to affect the safe or effective operation of the facility; and

    6. (e)

      the adequacy and reliability of the utilities required in order to enable the effective operation of each facility (so far as this may be relevant).

  3. (3)

    For the purposes of section 86A(2) of the Act, the following intervals are prescribed:

    1. (a)

      the first assessment must be carried out within—

      1. (i)

        in the case of a report that relates to a production facility or pipeline—within 5 years after commissioning; or

      2. (ii)

        in any other case—within 5 years after the completion of a statement of environmental objectives under the Act, or an environmental impact statement under the Planning, Development and Infrastructure Act 2016 (as the case may be);

    2. (b)

      each subsequent assessment must be carried out within 5 years after the completion of the previous assessment (or such longer time as may be determined by the Minister).

Administrative penalty.

  1. (4)

    For the purposes of section 86A(4) of the Act, a report must be furnished to the Minister within 2 months after the completion of the assessment.

Administrative penalty.

  1. (5)

    A report must include, in relation to each facility to which the report relates—

    1. (a)

      a name and description of the facility; and

    2. (b)

      the date on which the assessment occurred, or was completed (as the case may be); and

    3. (c)

      a summary of the assessment of the risks associated with the operation of the facility; and

    4. (d)

      a statement of the state of the current, and expected (over an ensuing 5 year period), fitness for purpose of the facility, setting out the grounds on which the statement is made and including—

      1. (i)

        an assessment of the physical condition of the facility; and

      2. (ii)

        an assessment of the effectiveness of management systems for the operation and management of the facility; and

      3. (iii)

        information on any other factor that may adversely affect or compromise the fitness for purpose of the facility; and

    5. (e)

      any other information requested by the Minister,

and a report may include other information thought to be relevant by the licensee.

Administrative penalty.

  1. (6)

    A licensee may, with the approval of the Minister, group various facilities for the purposes of an assessment or report under this subregulation.

  2. (7)

    Information provided in a report must—

    1. (a)

      be balanced, objective and concise; and

    2. (b)

      state any limitations that apply, or should apply, to the use of the information; and

    3. (c)

      identify any matter in relation to which there is a significant lack of relevant information or a significant degree of uncertainty; and

    4. (d)

      so far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and

    1. (e)

      so far as is reasonably practicable, be presented in a way that allows a person assessing the information to understand how conclusions have been reached.

  1. (8)

    A report under this regulation—

    1. (a)

      must be provided by the licensee or a person specifically authorised to provide the report for the purposes of this regulation; and

    2. (b)

      must contain a declaration signed or executed by the person providing the report that he or she has taken reasonable steps to review the report in order to ensure the accuracy of the information contained in the report.

  2. (9)

    A licensee must promptly carry out any remedial action that is necessary or appropriate in view of a report under this regulation (and, in particular, must ensure that any identified risks are eliminated or reduced so far as is reasonably practicable).

  3. (10)

    Subject to subregulation (11), a copy of a report provided under this regulation may be made available to members of the public with the approval of the Minister (and the Minister must consult with the relevant licensee before giving an approval under this subregulation).

  4. (11)

    The Minister may, before giving an approval under subregulation (10), take steps to ensure that commercially sensitive information is not publicly disclosed (and the licensee must, if the Minister so requests, provide to the Minister for publication, a further copy of the report that does not contain any commercially sensitive information).

  5. (12)

    An appropriate note relating to the availability of a report under subregulation (10) must be included on the environmental register.

Division 5Emergency response procedures31Emergency response procedures
  1. (1)

    A licensee must maintain procedures (emergency response procedures) to be followed in the event of an emergency at a facility operated on land within the area of the licence.

Administrative penalty.

  1. (2)

    Emergency response procedures under subregulation (1) must include—

    1. (a)

      measures to minimise the impact of an emergency situation on—

      1. (i)

        the environment; and

      2. (ii)

        public health and safety; and

      3. (iii)

        the security of production or supply of natural gas (so far as this may be relevant); and

    2. (b)

      measures that will be taken to liaise with relevant authorities and stakeholders (including emergency services) if appropriate,

and may include other steps to be taken in the event of an emergency.

Administrative penalty.

  1. (3)

    A licensee must, at intervals not exceeding 2 years, conduct a practice drill of the emergency response procedures for all facilities operated on land within the area of the licence.

Administrative penalty.

  1. (4)

    A licensee may group various facilities for the purposes of a drill under subregulation (3).

  2. (5)

    The licensee must prepare a report on the drill in a manner and form determined by the Minister and furnish a copy of the report to the Minister within 2 months after the drill.

  3. (6)

    A report under subregulation (5) must include—

    1. (a)

      an assessment of the adequacy of the emergency response procedures; and

    2. (b)

      an assessment of the competency of personnel to execute procedures; and

    3. (c)

      information on any deficiencies in any systems, or operating or maintenance procedures, identified by the drill; and

    4. (d)

      details of any remedial action taken, or proposed to be taken, to correct any deficiencies.

  4. (7)

    Information provided in a report under subregulation (5) must—

    1. (a)

      be balanced, objective and concise; and

    2. (b)

      so far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and

    3. (c)

      so far as is reasonably practicable, be presented in a way that allows a person assessing the information to understand how conclusions have been reached.

  5. (8)

    A report under this regulation—

    1. (a)

      must be provided by the licensee or a person specifically authorised to provide the report for the purposes of this regulation; and

    2. (b)

      must contain a declaration signed or executed by the person providing the report that he or she has taken reasonable steps to review the report in order to ensure the accuracy of the information contained in the report.

  6. (9)

    A licensee must promptly carry out any remedial action that is necessary or appropriate in view of the outcomes of a drill under this regulation.

  7. (10)

    Subject to subregulation (11), a copy of a report under subregulation (5) may be made available to members of the public with the approval of the Minister (and the Minister must consult with the relevant licensee before giving an approval under this regulation).

  8. (11)

    The Minister may, before giving an approval under subregulation (10), take steps to ensure that commercially sensitive information is not publicly disclosed (and the licensee must, if the Minister so requests, provide to the Minister for publication, a further copy of the report that does not contain any commercially sensitive information).

  9. (12)

    An appropriate note relating to the availability of a report under subregulation (10) must be included on the environmental register.

Part 7Reports and informationDivision 1Incident reports32Incident reports
  1. (1)

    For the purposes of section 85 of the Act, the following are classified as reportable incidents:

    1. (a)

      an escape of a regulated substance, a processed substance, a chemical or a fuel that affects an area that has not been specifically designed to contain such an escape;

    2. (b)

      an incident identified as a reportable incident under the relevant statement of environmental objectives.

  2. (2)

    An immediately reportable incident must be reported to the Minister—

    1. (a)

      initially—

      1. (i)

        by telephone (using a number determined by the Minister for the purposes of this regulation); or

      2. (ii)

        by email (using an email address determined by the Minister for the purposes of this regulation); and

    2. (b)

      by providing a written report on the incident within 3 months after the occurrence of the incident.

  3. (3)

    The initial report of an immediately reportable incident must include the following information:

    1. (a)

      the name and business address of the licensee;

    2. (b)

      the name and telephone number of a person who can be contacted about the matter;

    3. (c)

      the time and date of the occurrence of the incident;

    4. (d)

      the place where the incident occurred (using GDA 2020 coordinates or distances from significant topographical features);

    5. (e)

      in a case involving a spillage—the approximate quantity of the spillage;

    6. (f)

      the approximate size of any area affected by the incident (if relevant);

    7. (g)

      the nature and extent of any injury to a person and, if death has occurred, the cause and place of death;

    8. (h)

      the steps that have been taken to control, minimise or address any damage to any area affected by the incident.

  4. (4)

    A comprehensive report of an immediately reportable incident must be made in a manner and form determined by the Minister and include the following information:

    1. (a)

      the results of any assessment or investigation of the conditions or circumstances that caused or contributed to the occurrence of the incident, including an assessment of the effectiveness of the design, procedures and management systems that were in place to prevent the incident occurring;

    2. (b)

      the nature and extent of any damage to the environment that occurred as a result of the incident;

    3. (c)

      the steps that have been taken, or are proposed to be taken, to clean up and rehabilitate any area affected by the incident;

    4. (d)

      the steps that have been taken, or are proposed to be taken, to prevent a recurrence of the incident.

  5. (5)

    Reportable incidents are to be reported on a quarterly basis within 1 month after the end of each quarter.

  6. (6)

    A report on reportable incidents must be made in a manner and form determined by the Minister and include the following information in relation to each incident to which the report relates:

    1. (a)

      the time and date of the occurrence of the incident and the time and date of detection;

    2. (b)

      the place where the incident occurred (using appropriate co‑ordinates or distances from significant topographical features);

    3. (c)

      in the case of a spillage—the approximate quantity of the spillage;

    4. (d)

      the approximate size of any area affected by the incident (if relevant);

    5. (e)

      the cause of the incident, including an assessment of the effectiveness of the design, procedures and management systems that were in place to prevent the incident occurring;

    6. (f)

      the steps that have been taken, or are proposed to be taken, to clean up and rehabilitate any area affected by the incident;

    7. (g)

      the steps that have been taken, or are proposed to be taken, to prevent a recurrence of the incident.

  7. (7)

    A report under subregulation (4) or (6) must be signed by a person (being either the licensee or a person authorised by the licensee) who has taken reasonable steps to review the report to ensure the accuracy of the information contained in the report.

  8. (8)

    Subject to subregulation (9), a copy of the report under subregulation (4) or (6) may be made available to members of the public with the approval of the Minister (and the Minister must consult with the relevant licensee before giving an approval under this regulation).

  9. (9)

    The Minister may, before giving an approval under subregulation (8), take steps to ensure that commercially sensitive information is not publicly disclosed.

  10. (10)

    An appropriate note relating to the availability of a report under subregulation (8) must be included in the environmental register.

Division 2Performance and technical reports33Annual licence reports
  1. (1)

    A licensee must, within 2 months after the end of each licence year, furnish to the Minister a report for the relevant licence year (an annual licence report).

Administrative penalty.

  1. (2)

    An annual licence report must be provided in a manner and form determined by the Minister.

  2. (3)

    An annual licence report must include—

    1. (a)

      a summary of the regulated activities conducted under the licence during the year; and

    2. (b)

      a report for the year on compliance with the Act, these regulations, the licence and any relevant statement of environmental objectives; and

    3. (ba)

      the methods implemented during the relevant licence year to ensure compliance with the Act, these regulations, the licence and any relevant statement of environmental objectives; and

    4. (c)

      a statement concerning any action to rectify non‑compliance with obligations imposed by the Act, these regulations, the licence or any relevant statement of environmental objectives, and to minimise the likelihood of the recurrence of any such non‑compliance; and

    5. (d)

      a summary of any system audits undertaken during the relevant licence year, including information on any failure or deficiency identified by the audit and any corrective action that has, or will be, taken; and

    6. (da)

      a summary of the work undertaken to monitor the effectiveness of the management system during the relevant licence year, including details of auditing, monitoring and review of the effectiveness of controls necessary for compliance with a statement of environmental objectives; and

    7. (db)

      a summary of any failures or deficiencies identified during work undertaken under paragraph (da) during the relevant licence year, and any corrective actions that have, or will, be taken; and

    8. (dc)

      a report on any reasonably foreseeable threats to the environment during the relevant licence year, including details of any corrective action that has, or will be taken to address the threats; and

    9. (de)

      a report on any reasonable concerns reported to the licensee by members of the public during the relevant licence year relating to the carrying out of regulated activities by the licensee, including details of any action that has been, or will be, taken to address these concerns; and

    10. (e)

      a list of—

      1. (i)

        unless subparagraph (ii) applies—all reports and data relevant to the operation of the Act generated by the licensee during the relevant licensing year; or

      2. (ii)

        with the approval of the Minister—the technical reports required to be provided to the Minister under regulation 47 during the relevant licensing year; and

    11. (f)

      in relation to any incidents reported to the Minister under the Act and these regulations during the relevant licensing year—

      1. (i)

        an overall assessment and analysis of the incidents, including the identification and analysis of any trends that have emerged; and

      2. (ii)

        an overall assessment of the effectiveness of any action taken to rectify non‑compliance with obligations imposed by the Act, these regulations or the licence, or to minimise the risk of recurrence of any such non‑compliance; and

    12. (g)

      a report on any reasonably foreseeable threats (other than threats previously reported on) that reasonably present, or may present, a hazard to facilities or activities under the licence, and a report on any corrective action that has, or will be, taken; and

    13. (h)

      unless the relevant licence year is the last year in which the licence is to remain in force—a statement outlining operations proposed for the ensuing year; and

    14. (i)

      in the case of a petroleum production licence, a regulated substance production licence or a gas storage production licence—an estimate of the volume of the regulated substance likely to be produced, wasted, stored or sold under the licence during the ensuing year, or such longer period as the Minister may require; and

    15. (j)

      in the case of a production licence—an assessment of the development activities proposed to be undertaken under the licence, including the number of completions that are expected to occur, during the ensuing year, or such longer period as the Minister may require; and

    16. (k)

      in the case of a pipeline licence—the volume of any regulated substance transported through the pipeline during the relevant licence year.

Administrative penalty.

  1. (4)

    An annual licence report must be accompanied by a statement of expenditure on regulated activities conducted under the licence for the relevant licence year.

Administrative penalty.

  1. (5)

    An annual licence report for an associated activities licence may be included as part of the annual licence report for the primary licence.

  2. (6)

    Without limiting subregulation (5), a licensee may, with the approval of the Minister, amalgamate the annual licence reports with respect to 2 or more licences.

  3. (7)

    If a licence is surrendered or cancelled, the person who held the licence immediately before the surrender or cancellation must, within 2 months after the surrender or cancellation, furnish a final annual licence report under this regulation for the period starting at the end of the last full licence year.

  4. (7a)

    If a part of a licence area is surrendered, the annual licence report required under subregulation (7)—

    1. (a)

      unless otherwise determined by the Minister—must describe the part of the licence that has been surrendered; and

    2. (b)

      need only provide information in relation to those parts of the licence area that have been surrendered; and

    3. (c)

      must, in addition to the matters required to be included under subregulation (3), provide a prospectivity review of the part of the licence that has been surrendered.

  5. (8)

    A copy of an annual licence report provided to the Minister under this regulation must be kept available for public inspection in a manner determined by the Minister.

  6. (9)

    However, a member of the public is not entitled to inspect a statement of expenditure provided under subregulation (4).

34Geophysical progress reports
  1. (1)

    A licensee who is conducting geophysical activities, or activities involving the reprocessing of geophysical data, must furnish to the Minister, on a periodic basis determined by the Minister after consultation with the licensee, a report (a geophysical progress report) which includes—

    1. (a)

      a list of activities conducted on each day during the reporting period including, if applicable, the lines prepared, the data recorded, and the rehabilitation undertaken; and

    2. (b)

      a cumulative tally of activities from the start of the relevant survey, including, for three‑dimensional seismic surveys, the total number of source line kilometres and the total number of recorded square kilometres; and

    3. (c)

      the location of any campsites used during the reporting period; and

    4. (d)

      the status of any processing or reprocessing of geophysical data; and

    5. (e)

      a specific report on any reportable incident under section 85 of the Act that has occurred during the reporting period.

Administrative penalty.

  1. (2)

    A copy of a report under this regulation will not be available for public inspection.

35Geophysical operations reports
  1. (1)

    A licensee who—

    1. (a)

      records any geophysical field data (other than wireline data in a well); or

    2. (b)

      reprocesses any geophysical field data (other than wireline data from a well),

must furnish to the Minister—

  1. (c)

    in a case where paragraph (a) applies—within 12 months after the completion of the recording of the data;

  2. (d)

    in a case where paragraph (b) applies—within 12 months after the completion of the reprocessing of the data,

a geophysical operations report in accordance with the requirements of these regulations.

Administrative penalty.

  1. (2)

    A geophysical operations report must include—

    1. (a)

      the name of the survey during which the data was obtained; and

    2. (b)

      in a case where subregulation (1)(a) applies—information on the following:

      1. (i)

        the location of the survey, including the licence area in which the survey was conducted;

      2. (ii)

        significant dates relating to survey activities, including recording, starting and finishing dates and processing completion dates;

      3. (iii)

        the operations carried out in acquiring the data, including a description of the equipment used for positioning, surveying, navigation or other purposes, and a description of the geophysical techniques and equipment used;

    3. (c)

      a description of the processing or reprocessing carried out on the data, and the products of those processes;

    4. (d)

      information on the geodetic and geophysical datum employed;

    5. (e)

      information on any stations, lines or areas recorded under the survey;

    6. (f)

      a recording parameter summary;

    7. (g)

      information on the location of survey control points and permanent markers;

    8. (h)

      if relevant—information on uphole locations;

    9. (i)

      a list of tapes and cartridges that have been generated including (where appropriate)—

      1. (i)

        recorded field data, including line and station range details; and

      2. (ii)

        processed data, including details on the lines, station range, Common Depth Point range and forms of processing.

  2. (3)

    A copy of a report under this regulation will be available for public inspection—

    1. (a)

      in the case of a report involving speculative survey data—after the expiry of the period (not being more than 15 years) specified in the speculative survey licence; or

    2. (b)

      in any other case—

      1. (i)

        after the expiration of 2 years from the date of substantial completion of the recording of the data; or

      2. (ii)

        if the data has been reprocessed but does not include newly recorded data that requires processing for the first time—after the expiration of 2 years from the date of substantial completion of the reprocessing of the data; or

      3. (iii)

        if the data has been reprocessed and includes newly recorded data—after the expiration of 2 years from the date of substantial completion of the recording of the newly recorded data.

36Geophysical interpretation reports
  1. (1)

    A licensee who—

    1. (a)

      records any geophysical data (other than wireline data in a well); or

    2. (b)

      reprocesses any geophysical field data (other than wireline data from a well),

must furnish to the Minister, within 12 months after the completion of the processing or reprocessing of the data (as the case may be), a geophysical interpretation report in accordance with the requirements of these regulations.

Administrative penalty.

  1. (2)

    A geophysical interpretation report must provide a representative evaluation of the data according to good industry practice and in any event information on the following:

    1. (a)

      the interpretation of horizons;

    2. (b)

      structural mapping;

    3. (c)

      any leads or prospects arising from the data.

  2. (3)

    The report must identify the interpretation methods and techniques used in the interpretation of the data.

  3. (4)

    The report must include maps and show other identifying features to a reasonable scale, detail and extent.

  4. (5)

    A copy of a report under this regulation will be available for public inspection—

    1. (a)

      in the case of a report involving speculative survey data—after the expiry of the period (not being more than 15 years) specified in the speculative survey licence; or

    1. (b)

      in any other case—

      1. (i)

        if the licence is surrendered or cancelled—after the surrender or cancellation of the licence; or

      2. (ii)

        if the licence expires—after the expiry of the licence.

37Geophysical data
  1. (1)

    A licensee must, at the time the licensee provides a geophysical operations report to the Minister, also provide to the Minister the following geophysical data:

    1. (a)

      in relation to seismic data—

      1. (i)

        recorded field data; and

      2. (ii)

        observers logs; and

      3. (iii)

        station locations, including elevation and bathymetry data; and

      4. (iv)

        field statics data; and

      5. (v)

        processed two‑dimensional seismic reflection sections; and

      6. (vi)

        processed three‑dimensional data volumes and velocities; and

      7. (vii)

        processed three‑dimensional time slices (if they have been produced);

    2. (b)

      in relation to aeromagnetic or other airborne data—

      1. (i)

        location data, including flight location data and flight logs; and

      2. (ii)

        raw and edited field data; and

      3. (iii)

        quality control plots or calibrations; and

      4. (iv)

        processed data; and

      5. (v)

        processed files;

    3. (c)

      any other data relevant to field acquisition in the possession of the licensee or required by the Minister.

Administrative penalty.

  1. (2)

    If data has been reprocessed, the following must also be provided to the Minister:

    1. (a)

      a transcribed copy of the field data;

    2. (b)

      the field tape transcription log;

    3. (c)

      a tape and file listing of the field data that has been copied and reprocessed.

Administrative penalty.

  1. (3)

    Unless otherwise determined by the Minister, all location data must use GDA 2020 coordinates.

  2. (4)

    Data provided under this regulation will be available for public inspection—

    1. (a)

      in the case of a report involving speculative survey data (whether or not including reprocessed data)—after the expiry of the period (not being more than 15 years) specified in the speculative survey licence; or

    2. (b)

      in any other case—

      1. (i)

        after the expiration of 2 years from the date of substantial completion of the recording of the data; or

      2. (ii)

        if the data has been reprocessed but does not include newly recorded data that requires processing for the first time—after the expiration of 2 years from the date of substantial completion of the reprocessing of the data; or

      3. (iii)

        if the data has been reprocessed and includes newly recorded data—after the expiration of 2 years from the date of substantial completion of the recording of the newly recorded data.

38Daily drilling reports
  1. (1)

    A licensee who undertakes any drilling on any day must furnish to the Minister a daily drilling report in accordance with the requirements of these regulations.

Administrative penalty.

  1. (2)

    A daily drilling report—

    1. (a)

      must relate to a period not exceeding 24 hours, calculated from the end of the period reported on in the immediately preceding daily drilling report (unless the report is the first report for the well); and

    2. (b)

      must be provided to the Minister—

      1. (i)

        unless subparagraph (ii) applies—within 12 hours after the end of the period to which it relates;

      2. (ii)

        if the end of the period of 12 hours under subparagraph (i) would fall on a Saturday, Sunday or public holiday—by 10 am on the first business day following the end of that 12 hour period.

  2. (3)

    A daily drilling report must include the following:

    1. (a)

      the name and number of the well;

    2. (b)

      a report number or the number of days from spud;

    3. (c)

      the time and date of well spud and rig release;

    4. (d)

      the depth of the well at the end of the reporting period (in metres);

    5. (e)

      information on operations carried out during the reporting period;

    6. (f)

      the mudlog for the reporting period;

    7. (g)

      resource show descriptions;

    8. (h)

      a description of the formations, and the depth of any geological formation tops, encountered during the reporting period;

    9. (i)

      well logs acquired during the reporting period;

    10. (j)

      the drill stem test intervals and results, including recoveries and the API gravity of any liquid hydrocarbons recovered during the reporting period, and the resistivity of any water recovered during the reporting period;

    11. (k)

      results of cement calculation;

    12. (l)

      results of formation integrity tests (including leak off tests).

  3. (4)

    A copy of a report under this regulation will be available for public inspection when the relevant well completion report is made available for such inspection.

  4. (5)

    However, the location, spud date, rig release date, total depth, datum heights and status of a well may be made available to the public at any time.

39Wireline logs
  1. (1)

    A licensee who acquires any open hole or cased hole logs must furnish copies of the logs to the Minister within 2 months of acquisition.

Administrative penalty.

  1. (2)

    However—

    1. (a)

      if a log is acquired at more than one scale, the larger scale log need only be submitted; and

    2. (b)

      drill stem test correlations and sidewall core records need not be furnished to the Minister; and

    3. (c)

      a log that is primarily a record of the completion of an operation need not be furnished to the Minister.

  2. (3)

    All depth references for the purposes of any logs provided under this regulation must be in metres (unless otherwise approved by the Minister).

Administrative penalty.

  1. (4)

    The data contained in logs furnished under this regulation will be available for public inspection—

    1. (a)

      after the expiration of 2 years from the date of rig release; or

    2. (b)

      if acquired after rig release—after the expiration of 2 years from the date of acquisition.

40Well completion reports
  1. (1)

    A licensee who undertakes any drilling must furnish to the Minister, within 6 months after rig release, a well completion report in accordance with the requirements of these regulations.

Administrative penalty.

  1. (2)

    A well completion report must include the following:

    1. (a)

      the name and number of the well;

    2. (b)

      a summary page or pages, located at the beginning of the report, which set out in a concise form basic information relating to the well found in the report;

    3. (c)

      a diagram that shows the following:

      1. (i)

        the latitude and longitude of the well in GDA 2020 coordinates, computed within accuracy levels approved by the Minister;

      2. (ii)

        the direction of true north;

      3. (iii)

        any other well and all roads, access tracks, public utilities or substantial buildings or other structures within 300 metres of the site of the well, and any significant topographical, environmental or cultural features;

      4. (iv)

        where applicable, the boundaries and legal description of the section of land within which the well is situated;

    4. (d)

      the name of any drilling contractor;

    5. (e)

      the spud date, the date of rig release, and the total depth drilled (to drillers and loggers depths, in metres);

    6. (f)

      a summary of the lithologies encountered during the drilling, and a summary of the geological formations taken to have been encountered during drilling;

    7. (g)

      a composite log, formulated to a scale comparable with the wireline logs used in connection with the drilling, that includes the following:

      1. (i)

        the bit record;

      2. (ii)

        the penetration rate;

      3. (iii)

        the casing record;

      4. (iv)

        a lithological summary;

      5. (v)

        geological formation tops;

      6. (vi)

        representative open hole and cased hole logs;

      7. (vii)

        sidewall core points;

      8. (viii)

        palaeontological analysis results;

      9. (ix)

        hydrocarbon shows;

      10. (x)

        the drill stem test intervals and results;

      11. (xi)

        core intervals and recoveries;

      12. (xii)

        the log analysis result;

      13. (xiii)

        the final surveyed well location and elevation information (including the coordinate reference system used);

    8. (h)

      core and sidewall sample descriptions, and an analysis of these;

    9. (i)

      relevant petrographic descriptions;

    10. (j)

      the palaeontological analysis results and interpretation;

    11. (k)

      the formation test reports, charts and interpretation;

    12. (l)

      log interpretations;

    13. (m)

      details of hole sizes, casings and cementing that has been undertaken;

    14. (n)

      details of well completion or abandonment;

    15. (o)

      a velocity survey;

    16. (p)

      for exploration and appraisal wells—an interpreted post drill structure map of the primary objective and an interpreted seismic section;

    17. (q)

      a location survey;

    18. (r)

      if the well was drilled from a multi‑well pad—a diagram identifying which well was drilled from which slot on the pad.

  2. (3)

    For the purposes of subregulation (2), all depth references for a well must be in metres.

  3. (4)

    A copy of a report under this regulation will be available for public inspection after the expiration of 2 years from the date of rig release.

41Quarterly cased‑hole well activity report
  1. (1)

    A licensee who undertakes any activity on a cased‑hole well in any quarter must furnish to the Minister, within 30 days after the end of the quarter, a quarterly cased‑hole well activity report in accordance with the requirements of these regulations.

Administrative penalty.

  1. (2)

    A quarterly cased‑hole well activity report must include the following:

    1. (a)

      the name and number of the well;

    2. (b)

      the dates on which any activity occurred;

    3. (c)

      information (in a form determined by the Minister) on all pressure tests, recompletions, perforations, fluid sampling and cased hole logging activities conducted during the quarter.

  2. (3)

    A copy of a report under this regulation will not be available for public inspection.

42Well test analysis reports
  1. (1)

    A licensee who undertakes a well test for the purpose of determining reservoir pressure, or reservoir characteristics or flow characteristics within the vicinity of the well bore, must furnish to the Minister, within 6 months after the well test is completed, a well test analysis report in accordance with the requirements of these regulations.

Administrative penalty.

  1. (2)

    A well test analysis report must include the following:

    1. (a)

      the name and number of the well;

    2. (b)

      information on the type of test that was carried out;

    3. (c)

      the date of the test;

    4. (d)

      the interval tested;

    5. (e)

      the quantity of any regulated substance produced;

    6. (f)

      a description of the analysis or interpretation that has been undertaken;

    7. (g)

      the results of the test (including all interpreted results);

    8. (h)

      any raw data obtained from the test.

  2. (3)

    A copy of a report under this regulation will be available for public inspection after the expiration of 2 years from the date on which the relevant test was carried out.

43Reservoir fluid analysis reports
  1. (1)

    A licensee who samples reservoir fluid (including water) must furnish to the Minister, within 6 months after the date of sampling, a reservoir fluid analysis report in accordance with the requirements of these regulations.

Administrative penalty.

  1. (2)

    A reservoir fluid analysis report must include the following:

    1. (a)

      the name and number of the well;

    2. (b)

      the date on which the reservoir fluid was sampled;

    3. (c)

      the interval from which the sample was obtained;

    4. (d)

      a description of any analysis or test that has been performed on the sample;

    5. (e)

      the results of any analysis or test;

    6. (f)

      the name of the laboratory or other place at which any analysis or test was undertaken.

  2. (3)

    A copy of a report under this regulation will be available for public inspection after the expiration of 2 years from the date on which the sampling was carried out.

44Downhole diagrams
  1. (1)

    A licensee who installs or alters downhole equipment must furnish to the Minister, within 2 months after the installation or alteration, a downhole diagram in accordance with the requirements of these regulations.

Administrative penalty.

  1. (2)

    A downhole diagram must—

    1. (a)

      include details on the equipment that has been installed, or information on the alterations; and

    2. (b)

      show the perforated intervals; and

    3. (c)

      state the date on which the particular equipment became operable, or on which the alteration occurred; and

    4. (d)

      state the status of the well; and

    5. (e)

      include details of any reservoir stimulation treatments that have been undertaken.

  2. (3)

    A copy of the diagram under this regulation will be available for public inspection after the expiration of 6 months from the date of the installation or alteration of the equipment (as the case may be).

45Production reports
  1. (1)

    A licensee who produces a regulated substance or geothermal energy in any month must furnish to the Minister, within 2 months after the end of the month, a production report in accordance with the requirements of these regulations.

Administrative penalty.

  1. (2)

    A production report in respect of a regulated substance must include the following:

    1. (a)

      the name and number of the well;

    2. (b)

      in relation to each producing completion—

      1. (i)

        identifying information as to completion interval; and

      2. (ii)

        the number of days on which the producing completion was on line during the month; and

      3. (iii)

        the quantity of regulated substance produced or injected during the month; and

      4. (iv)

        the quantity of water (if any) produced during the month.

  2. (2a)

    A production report in respect of geothermal energy must include the following:

    1. (a)

      the volume, flow rates, production temperature and pressure and geochemistry of the geofluid that is produced;

    2. (b)

      the volume, flow rates, reinjection temperature and pressure and geochemistry of the geofluid that is reinjected into the reservoir once heat energy has been used for commercial purposes;

    3. (c)

      any other information specified by the Minister.

  3. (3)

    A copy of a report under this regulation will be available for public inspection after the expiration of 6 months after the month to which it relates.

46Facility construction reports
  1. (1)

    The Minister may require that a report (a facilities construction report) be provided to the Minister, at regular intervals determined by the Minister, on the progress of the construction of any facility (and the person to whom that requirement is directed must comply with the requirement).

Administrative penalty.

  1. (2)

    A facilities construction report must include the following:

    1. (a)

      the name of the facility, or other information that identifies the facility;

    2. (b)

      the effective date of the report;

    3. (c)

      the progress that has been achieved since the effective date of the last report;

    4. (d)

      the current construction timetable.

Administrative penalty.

  1. (3)

    A licensee who has completed the construction of a facility must furnish to the Minister, within 2 months after completion of the construction, a report on the facility containing information determined by the Minister.

Administrative penalty.

  1. (4)

    A licensee who alters or modifies a pipeline must furnish to the Minister, within 2 months after completion of the work, drawings which show the pipeline as altered or modified.

Administrative penalty.

46AFacility rehabilitation or decommissioning reports
  1. (1)

    A licensee who undertakes rehabilitation of a facility must provide to the Minister, within 6 months after the rehabilitation is completed, a facility rehabilitation report in accordance with the requirements of this regulation.

Administrative penalty.

  1. (2)

    A facility rehabilitation report must include the following information:

    1. (a)

      the name of the facility or other information that identifies the facility;

    2. (b)

      the dates during which the rehabilitation activity occurred;

    3. (c)

      details of the rehabilitation activity undertaken.

  2. (3)

    A licensee who decommissions a facility must provide to the Minister, within 6 months after the decommissioning is completed, a facility decommissioning report in accordance with the requirements of this regulation.

Administrative penalty.

  1. (4)

    A facility decommissioning report must include the following information:

    1. (a)

      the name of the facility or other information that identifies the facility;

    2. (b)

      the dates during which the decommissioning occurred;

    3. (c)

      details of the decommissioning undertaken.

  2. (5)

    A copy of a report under this regulation will not be available for public inspection.

46BHydraulic fracturing report
  1. (1)

    A licensee who undertakes hydraulic fracturing for the purposes of producing a regulated substance from a well bore must provide to the Minister, within 6 months after the hydraulic fracturing is completed, a hydraulic fracturing report in accordance with the requirements of this regulation.

Administrative penalty.

  1. (2)

    A hydraulic fracturing report must include the following:

    1. (a)

      the well name, well number and hydraulic fracturing stage number;

    2. (b)

      information on the type of hydraulic fracturing that was carried out;

    3. (c)

      the dates during which the hydraulic fracturing was carried out;

    4. (d)

      the depth of the interval fractured;

    5. (e)

      the volume of fluid and proppant injected;

    6. (f)

      the rate of injection and the pumping schedule;

    7. (g)

      the pressures measured at the surface hole and the bottom hole;

    8. (h)

      the results of any diagnostic fracture injection tests that have been undertaken;

    9. (i)

      a description of any analysis or interpretation of the data collected during hydraulic fracturing.

  2. (3)

    A copy of a report under this regulation will be available for public inspection after the expiration of 2 years from the date on which the hydraulic fracturing was first carried out.

46CReserve estimate report
  1. (1)

    A licensee must provide to the Minister in each year a report of the reserve estimate in respect of each field (a reserve estimate report) in accordance with the requirements of this regulation.

Administrative penalty.

  1. (2)

    A reserve estimate report must be provided to the Minister—

    1. (a)

      in a manner and form determined by the Minister; and

    2. (b)

      within 2 months after the reserve estimate has been calculated.

  2. (3)

    A copy of a report under this regulation will not be available for public inspection.

47Other technical reports
  1. (1)

    A licensee who prepares or commissions any other technical report in connection with an activity conducted under the licence must furnish a copy of the report to the Minister within 2 months after the report is in a reasonable state of completion or received by the licensee (as the case may be).

Administrative penalty.

  1. (2)

    Information contained in a report provided under this regulation will be available for public inspection—

    1. (a)

      in the case of analytical laboratory data, field survey data or general technical data (in any form)—after the expiration of the prescribed period;

    2. (b)

      in any other case—on the expiration of the relevant licence.

  2. (3)

    In subregulation (2)—

prescribed period means—

  1. (a)

    in the case of analytical data or general technical data—the period of 2 years from the time at which the report is first received from the licensee (including in a case where the report is first received without being fully completed);

  2. (b)

    in any other case—the period of 2 years from the date on which the report is provided to the Minister.

Division 3Samples and analysis of cores and cutting48Well samples
  1. (1)

    Subject to this regulation, a licensee must provide all cuttings and core obtained from a well to the Core Library within 6 months after rig release.

Administrative penalty.

  1. (2)

    Each cutting sample must—

    1. (a)

      be washed and dry; and

    2. (b)

      be contained in a container suitable for long term storage, as determined by the Minister; and

    3. (c)

      be clearly and permanently marked with the well name and number and the depth interval represented by the cutting (in metres).

Administrative penalty.

  1. (3)

    A licensee may, with the approval of the Minister, retain a ⅔ proportion of a core (split length wise) for analysis.

  2. (4)

    Cuttings and core provided under this regulation must be accompanied by a form approved by the Minister that includes—

    1. (a)

      the name and number of the relevant well; and

    2. (b)

      the depth ranges from which the samples were obtained; and

    3. (c)

      the cuttings sample interval for each depth range; and

    4. (d)

      a statement identifying any variation from an evaluation program previously proposed under these regulations; and

    5. (e)

      a statement as to whether the core is complete and, if it is not complete—

      1. (i)

        a list of the intervals that are not complete; and

      2. (ii)

        a statement as to why the core is not complete.

Administrative penalty.

  1. (5)

    Cuttings and core provided under this regulation will be available—

    1. (a)

      to the public for analysis after the expiration of 2 years from rig release; and

    2. (b)

      to the licensee for analysis at any time during the currency of the licence and, after the licence has come to an end, at the discretion of the Minister.

  2. (6)

    The Minister may, after the relevant licence has come to an end, refuse to allow access to cuttings or core for destructive sampling.

49Report on analysis of core or cuttings
  1. (1)

    An application for approval to remove any cuttings or core held by the Core Library must be made in a form determined by the Minister and include the following information:

    1. (a)

      the full name, business address and telephone number of the person who will be responsible for the relevant sample and for reporting the results of any analysis under subregulation (3);

    1. (b)

      the date on which it is proposed to remove the sample from the Core Library;

    2. (c)

      the name and number of the relevant well;

    3. (d)

      the depth or interval from which a sample is sought;

    4. (e)

      the type of sample;

    5. (f)

      details on the type of analysis that is to be performed on the sample.

  1. (2)

    The Minister may, in the Minister's discretion, refuse an application for approval.

  2. (3)

    It will be a condition of the removal of any cuttings or core—

    1. (a)

      that the person responsible for the relevant sample will furnish to the Minister a report of the results of the analysis carried out on the relevant sample; and

    2. (b)

      that the Minister is authorised to make copies of the report as the Minister thinks fit.

  3. (4)

    The report must be furnished within 6 months of removal, or within such longer period as the Minister may allow.

Administrative penalty.

  1. (5)

    The report must include the following:

    1. (a)

      the name and number of the well;

    2. (b)

      the date of removal from the Core Library;

    3. (c)

      the date of the completion of the analysis;

    4. (d)

      a description of the analysis and the results of the analysis;

    5. (e)

      information on how any residues or processed material arising from the analysis have been dealt with.

Administrative penalty.

  1. (6)

    The Minister may specify other conditions that will apply to the removal of any cuttings or core from the Core Library.

  2. (7)

    A condition under subregulation (6) may include a condition that the applicant enter into a bond in such sum (not exceeding $10 000), and subject to such terms and conditions, as the Minister may determine to be appropriate.

  3. (8)

    If any samples remain after the completion of an analysis, the person responsible for the samples must immediately return them to the Core Library.

Administrative penalty.

  1. (9)

    A copy of a report provided to the Minister under this regulation will be available for public inspection after—

    1. (a)

      the expiration of 2 years from the date on which the rig was released from the well from which the core or cuttings were obtained; or

    2. (b)

      the expiration of 6 months from the date on which the sample was removed from the Core Library,

whichever is the later.

Division 4General provisions50Form of reports
  1. (1)

    Subject to any specific requirement in another regulation, a report or other information required under this Part (including information referred to in a report under this Part) must be provided in a manner and form determined or approved by the Minister.

Administrative penalty.

  1. (2)

    If a report or other information is provided in electronic form, the person providing the report or other information must also, at the same time, provide a transmittal note in a form determined by the Minister that—

    1. (a)

      identifies the activity to which the report or information relates, including the name and number of the well, and the date of data acquisition (if relevant); and

    2. (b)

      in the case of seismic data, identifies the seismic survey name and the seismic line names; and

    3. (c)

      provides an electronic file name and a relevant file date, and identifies the relevant electronic format, in order to facilitate electronic access to the report or other information; and

    4. (d)

      describes the information or data contained in the relevant file or files.

51Form of information in reports and corrections
  1. (1)

    Information provided in or in association with a report under this Part must—

    1. (a)

      be balanced, objective and concise; and

    2. (b)

      state any limitations that apply, or should apply, to the use of the information; and

    3. (c)

      identify any matter in relation to which there is a significant lack of relevant information or a significant degree of uncertainty; and

    4. (d)

      so far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and

    5. (e)

      so far as is reasonably practicable, be presented in a way that allows a person assessing the information to understand how conclusions have been reached.

  2. (2)

    If information provided in or in association with a report is found to contain errors or omissions, the person who provided the information must immediately correct or provide the information (as the case may require).

Administrative penalty.

52Availability of information
  1. (1)

    The Minister will determine the places where documents or data available for public inspection under this Part will be so available.

  2. (2)

    The Minister will determine whether a document or data available for public inspection under this Part may be copied and, if so, the amount of a copying fee.

  3. (3)

    Despite a preceding provision of this Part, and subject to subregulation (3a), data or a report that is to be made available for public inspection after a specified period may, in any event, be made available for public inspection if or when the relevant licence expires or is surrendered or cancelled under the Act.

  4. (3a)

    Subregulation (3) does not apply to data or a report that relates to a speculative survey licence.

  5. (4)

    Without limiting any other provision, the Minister may make available for public inspection (or otherwise release) production, sales and value statistics provided to the Minister as part of the royalty returns furnished under Part 7 of the Act if the information is released on a consolidated basis (according to each form of product or more generally).

Part 8Miscellaneous53Waiver and refund of fees
  1. (1)

    The Minister may, on application or on the Minister's own initiative, in the Minister's discretion, waive payment of the whole or part of a fee or refund a fee (in whole or in part).

  2. (2)

    In this regulation—

fee means a fee prescribed by fee notice;

fee notice has the same meaning as in the Legislation (Fees) Act 2019.

55Penalty interest

For the purposes of sections 44(1)(a) and 78(2)(a) of the Act, the rate of penalty interest will be 10% per year.

56Mediation of dispute over entry to land

For the purposes of paragraph (b) of section 62(5) of the Act, the period of 2 months is fixed.

57Reinstatement of licence – disapplication of certain sections of Act

For the purposes of section 91C(6)(b) of the Act, the following sections of the Act will not apply in relation to a licence reinstated by the Minister under section 91C of the Act:

  1. (a)

    section 21(2) and (3);

  2. (b)

    section 22;

  3. (c)

    section 26(2);

  4. (d)

    section 27(1), (1a) and (2a);

  5. (e)

    section 28(2a), (2b), (3a) and (3b);

  6. (f)

    section 30(1);

  7. (g)

    section 32(2);

  8. (h)

    section 34(2), (3) and (4a);

  9. (i)

    section 35;

  10. (j)

    section 39;

  11. (k)

    section 40;

  12. (l)

    section 47(1);

  13. (m)

    section 59D;

  14. (n)

    section 67;

  15. (o)

    section 68;

  16. (p)

    section 79.

57AApproval and registration of registrable dealings

Pursuant to section 114(2)(c) of the Act, an application for approval and registration of a registrable dealing must include the following information in respect of the person to whom the relevant interest is to be assigned:

  1. (a)

    1. (i)

      if the person is an incorporated association—a copy of the association's most recent audited financial statements; or

    2. (ii)

      in any other case—a statement of the expected financial position of the assignee over the term of the licence (or such other period of time as determined by the Minister);

  2. (b)

    in the case of a registrable dealing of a kind described in section 112(b) or (c) of the Act—a statement of the technical qualifications and experience of the assignee.

58General offence

A person must not contravene or fail to comply with these regulations.

Maximum penalty: $10 000.

59Administrative penalties
  1. (1)

    The amounts set out in Schedule 2 are fixed as the amounts for administrative penalties imposed under the relevant provisions of the Act and these regulations.

  2. (2)

    The Minister may, in the Minister's discretion, waive a part of an administrative penalty.

Schedule 2—Administrative penalties

 

1—Act

Amount of administrative penalty

Provision

Initial penalty

Daily penalty

Section 43(4)

$7 500

$750

Section 45A(1)

$7 500

Section 81(2)

$7 500

Section 84(1)

$15 000

Section 84(2)

$15 000

$1 000

Section 85(1)

$15 000

$1 000

Section 85(2)

$7 500

$750

Section 86(1)

$15 000

$1 000

Section 86(2)

$15 000

$1 000

Section 86(4)

$15 000

$1 000

 

2—Regulations

Amount of administrative penalty

Provision

Initial penalty

Daily penalty

Regulation 18(1)

$1 500

$150

Regulation 19(1)

$3 000

$300

Regulation 24(2)

$1 500

Regulation 25(1)

$3 000

Regulation 25(3)

$3 000

Regulation 26

$7 500

Regulation 27

$15 000

Regulation 28

$15 000

Regulation 30(4)

$15 000

$1 000

Regulation 30(5)

$15 000

$1 000

Regulation 30(6)

$15 000

$1 000

Regulation 31(1)

$15 000

$1 000

Regulation 31(2)

$15 000

$1 000

Regulation 31(3)

$15 000

$1 000

Regulation 32(2)

$15 000

$1 000

Regulation 32(3)

$15 000

Regulation 33(1)

$15 000

$1 000

Regulation 33(2)

$15 000

$1 000

Regulation 33(3)

$1 500

Regulation 34(1)

$1 500

$150

Regulation 35(1)

$3 000

$300

Regulation 36(1)

$7 500

$750

Regulation 37(1)

$7 500

$750

Regulation 37(2)

$7 500

$750

Regulation 38(1)

$2 000

$200

Regulation 39(1)

$3 000

$300

Regulation 39(3)

$3 000

Regulation 40(1)

$7 500

$750

Regulation 41(1)

$7 500

$750

Regulation 42(1)

$3 000

$300

Regulation 43(1)

$3 000

$300

Regulation 44(1)

$3 000

$300

Regulation 45(1)

$7 500

$750

Regulation 46(1)

$7 500

$750

Regulation 46(2)

$3 000

Regulation 46(3)

$7 500

$750

Regulation 46(4)

$7 500

$750

Regulation 46A(1)

$3 000

$300

Regulation 47(1)

$3 000

$300

Regulation 48(1)

$1 500

Regulation 48(2)

$3 000

Regulation 48(4)

$1 500

Regulation 49(4)

$3 000

$300

Regulation 49(5)

$7 500

$750

Regulation 49(8)

$3 000

$300

Regulation 50(1)

$3 000

Regulation 51(2)

$3 000

$300

Schedule 3—Transitional provisions

2—Transitional provisions

Pursuant to clause 3(2) of the Schedule of the Act—

  1. (a)

    section 15 of the repealed Act applies, to the exclusion of the corresponding provisions of the Act, to an application for a petroleum exploration licence that was received by the Director‑General under the repealed Act before 1 March 1999 and was not finally dealt with under that Act before the commencement of these regulations; and

  2. (b)

    section 18 of the repealed Act applies, to the exclusion of the corresponding provisions of the Act, in relation to the renewal of—

    1. (i)

      an exploration licence granted as a petroleum exploration licence under the repealed Act before the commencement of these regulations; and

    2. (ii)

      an exploration licence granted after the commencement of these regulations pursuant to an application received by the Director‑General under the repealed Act before 1 March 1999; and

  3. (c)

    section 32 of the repealed Act continues to apply to a production licence granted as a petroleum production licence under the repealed Act before the commencement of these regulations so as to allow application to be made under that section for the renewal of the licence at the expiration of its term (but without derogating from the operation of section 41 of the Petroleum and Geothermal Energy Act 2000).

3—Transitional provision—statement of environmental objectives

  1. (1)

    Pursuant to section 138(4) of the Act, if, before the relevant day, a statement of environmental objectives has been prepared but not yet submitted to the Minister for approval—

    1. (a)

      the environmental impact report that forms the basis for the statement of environmental objectives need only comply with the requirements of the Act as in force before the relevant day; and

    2. (b)

      the statement of environmental objectives and any application to the Minister for approval of the statement need only comply with the requirements of the Act as in force before the relevant day; and

    3. (c)

      the Minister must determine any application received for the approval of the statement of environmental objectives in accordance with the provisions of the Act as in force before the relevant day.

  2. (2)

    In this clause—

relevant day means the day on which this clause comes into operation.

Legislative history

Notes

  • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

  • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

  • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or and Geothermal Energy Regulations 2013

    Legislation revoked by principal regulations

    The Energy Resources Regulations 2013 revoked the following:

    Petroleum and Geothermal Energy Regulations 2000

    Principal regulations and variations

    New entries appear in bold.

    Year

    No

    Reference

    Commencement

    2013

    25

    Gazette 14.3.2013 p801

    15.3.2013: r 2

    2013

    82

    Gazette 6.6.2013 p2181

    1.7.2013: r 2

    2014

    103

    Gazette 19.6.2014 p2561

    1.7.2014: r 2

    2014

    204

    Gazette 17.7.2014 p3255

    17.7.2014: r 2

    2015

    118

    Gazette 18.6.2015 p2700

    1.7.2015: r 2

    2015

    207

    Gazette 1.10.2015 p4496

    1.10.2015: r 2

    2016

    146

    Gazette 23.6.2016 p2383

    1.7.2016: r 2

    2017

    167

    Gazette 22.6.2017 p2448

    1.7.2017: r 2

    2018

    93

    Gazette 21.6.2018 p2229

    1.7.2018: r 2

    2019

    68

    Gazette 13.6.2019 p1853

    1.7.2019: r 2

    2020

    172

    Gazette 4.6.2020 p3028

    1.7.2020: r 2

    2021

    14

    Gazette 11.2.2021 p351

    11.2.2021: r 2

    2024

    21

    Gazette 11.4.2024 p636

    11.4.2024: r 2

    Provisions varied

    New entries appear in bold.

    Entries that relate to provisions that have been deleted appear in italics.

    Provision

    How varied

    Commencement

    Pt 1

    r 1

    amended by 21/2024 r 3

    11.4.2024

    r 2

    omitted under Legislation Revision and Publication Regulations 2002

    1.7.2013

    r 3

    r 3(1)

    r 3 redesignated as r 3(1) by 14/2021 r 4

    11.2.2021

    Act

    substituted by 21/2024 r 4(1)

    11.4.2024

    facility

    deleted by 21/2024 r 4(2)

    11.4.2024

    GDA 94

    deleted by 21/2024 r 4(2)

    11.4.2024

    Geocentric Datum of Australia 2020 or GDA 2020

    inserted by 21/2024 r 4(2)

    11.4.2024

    r 3(2)

    inserted by 14/2021 r 4

    11.2.2021

    substituted by 21/2024 r 4(3)

    11.4.2024

    Pt 1A

    inserted by 21/2024 r 5

    11.4.2024

    Pt 2

    r 7

    amended by 21/2024 r 6(1)—(5)

    11.4.2024

    r 8

    amended by 21/2024 r 7(1), (2)

    11.4.2024

    Pt 2A

    inserted by 21/2024 r 8

    11.4.2024

    Pt 2B

    Pt 5 redesignated as Pt 2B and relocated by 21/2024 r 17

    11.4.2024

    r 9C

    r 22 redesignated as r 9C by 21/2024 r 18

    11.4.2024

    Pt 3

    r 9D

    inserted by 21/2024 r 9

    11.4.2024

    r 10

    r 10(1)

    amended by 21/2024 r 10(1)—(4), (6)

    11.4.2024

    (c)—(e) deleted by 21/2024 r 10(5)

    11.4.2024

    rr 11—14

    substituted by 21/2024 r 11

    11.4.2024

    r 15

    deleted by 21/2024 r 11

    11.4.2024

    Pt 4

    r 16

    r 16(1)

    regulatory objectives

    amended by 21/2024 r 12(1)

    11.4.2024

    regulatory requirements

    amended by 21/2024 r 12(2)

    11.4.2024

    r 16(2)

    deleted by 21/2024 r 12(3)

    11.4.2024

    r 16A

    inserted by 21/2024 r 13

    11.4.2024

    r 17

    heading

    amended by 21/2024 r 14(1)

    11.4.2024

    r 17(1)

    amended by 21/2024 r 14(2)

    11.4.2024

    r 17(2)

    amended by 21/2024 r 14(3)

    11.4.2024

    r 19

    r 19(2)

    amended by 21/2024 r 15(1)

    11.4.2024

    r 19(3)

    amended by 21/2024 r 15(2)

    11.4.2024

    r 20

    r 20(1)

    amended by 21/2024 r 16(1)—(3)

    11.4.2024

    Pt 6

    Pt 6 Div 2

    r 25

    r 25(3)

    amended by 21/2024 r 19

    11.4.2024

    r 27

    amended by 21/2024 r 20

    11.4.2024

    Pt 6 Div 3

    r 29

    amended by 21/2024 r 21

    11.4.2024

    Pt 6 Div 4

    heading

    amended by 21/2024 r 22

    11.4.2024

    r 30

    heading

    amended by 21/2024 r 23(1)

    11.4.2024

    30(2)

    amended by 21/2024 r 23(3)

    11.4.2024

    30(3)

    amended by 21/2024 r 23(4), (5)

    11.4.2024

    30(5)

    amended by 21/2024 r 23(2)

    11.4.2024

    30(11)

    amended by 21/2024 r 23(6)

    11.4.2024

    Pt 6 Div 5

    r 31

    31(2)

    amended by 21/2024 r 24(1)

    11.4.2024

    (c) deleted by 21/2024 r 24(1)

    11.4.2024

    31(6)

    amended by 21/2024 r 24(2)

    11.4.2024

    31(11)

    amended by 21/2024 r 24(3)

    11.4.2024

    Pt 7

    r 32

    32(1)

    amended by 21/2024 r 25(1)

    11.4.2024

    32(2)

    amended by 21/2024 r 25(2), (3)

    11.4.2024

    32(3)

    amended by 21/2024 r 25(4), (5)

    11.4.2024

    32(4)

    amended by 21/2024 r 25(6)

    11.4.2024

    r 33

    heading

    amended by 21/2024 r 26(1)

    11.4.2024

    r 33(1) and (2)

    amended by 21/2024 r 26(2)

    11.4.2024

    r 33(3)

    amended by 21/2024 r 26(2), (3)—(8)

    11.4.2024

    r 33(4)—(7)

    amended by 21/2024 r 26(2)

    11.4.2024

    r 33(7a)

    inserted by 21/2024 r 26(9)

    11.4.2024

    r 33(8)

    amended by 21/2024 r 26(2)

    11.4.2024

    r 35

    r 35(3)

    amended by 21/2024 r 27

    11.4.2024

    r 37

    r 37(3)

    amended by 21/2024 r 28(1)

    11.4.2024

    r 37(4)

    amended by 21/2024 r 28(2)

    11.4.2024

    r 40

    r 40(2)

    amended by 21/2024 r 29(1)—(3)

    11.4.2024

    r 43

    heading

    amended by 21/2024 r 30(1)

    11.4.2024

    r 43(1) and (2)

    amended by 21/2024 r 30(2)

    11.4.2024

    r 45

    r 45(1)

    amended by 21/2024 r 31(1)

    11.4.2024

    r 45(2)

    amended by 21/2024 r 31(2), (3)

    11.4.2024

    r 45(2a)

    inserted by 21/2024 r 31(4)

    11.4.2024

    rr 46A—46C

    inserted by 21/2024 r 32

    11.4.2024

    r 49

    r 49(9)

    amended by 21/2024 r 33

    11.4.2024

    r 52

    r 52(1)

    amended by 21/2024 r 34(1)

    11.4.2024

    r 52(2)

    amended by 21/2024 r 34(2)

    11.4.2024

    r 52(3)

    amended by 21/2024 r 34(3)

    11.4.2024

    r 52(3a)

    inserted by 21/2024 r 34(4)

    11.4.2024

    Pt 8

    r 53

    substituted by 172/2020 r 4

    1.7.2020

    r 54

    deleted by 21/2024 r 35

    11.4.2024

    r 57

    substituted by 21/2024 r 36

    11.4.2024

    r 57A

    inserted by 21/2024 r 36

    11.4.2024

    Sch 1 before substitution by 118/2015

    substituted by 82/2013 r 4

    1.7.2013

    substituted by 103/2014 r 4

    1.7.2014

    varied by 204/2014 r 4

    17.7.2014

    Sch 1 before substitution by 93/2018

    substituted by 118/2015 r 4

    1.7.2015

    substituted by 146/2016 r 4

    1.7.2016

    substituted by 167/2017 r 4

    1.7.2017

    cl 14

    varied by 207/2015 r 4

    1.10.2015

    Sch 1

    substituted by 93/2018 r 4

    1.7.2018

    substituted by 68/2019 r 4

    1.7.2019

    deleted by 172/2020 r 5

    1.7.2020

    Sch 2

    substituted by 21/2024 r 37

    11.4.2024

    Sch 3

    cl 1

    omitted under Legislation Revision and Publication Regulations 2002

    1.7.2013

    cl 3

    inserted by 21/2024 r 38

    11.4.2024

    Historical versions

    1.7.2013

    1.7.2014 (electronic only)

    17.7.2014

    1.7.2015

    1.10.2015

    1.7.2016

    1.7.2017

    1.7.2018

    1.7.2019

    1.7.2020

    11.2.2021

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