Offshore Electricity Infrastructure Amendment Regulations 2024 (Cth)
I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
Dated 05 December 2024
Sam Mostyn AC
Governor‑General
By Her Excellency’s Command
Chris Bowen
Minister for Climate Change and Energy
Contents
This instrument is the
Offshore Electricity Infrastructure Amendment Regulations 2024 .
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 4 and anything in this instrument not elsewhere covered by this table | The day after this instrument is registered. | 12 December 2024 |
Schedule 1, Part 1 | The day after this instrument is registered. | 12 December 2024 |
Schedule 1, Part 2 | Immediately after the commencement of the provisions covered by table item 2. | 12 December 2024 |
Schedule 2 | Immediately after the commencement of the provisions covered by table item 2. | 12 December 2024 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the following:
(a) the
Offshore Electricity Infrastructure Act 2021 ;(b) the
Offshore Electricity Infrastructure (Regulatory Levies) Act 2021 .
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
1
Section 4 (definition of commercially confidential information ) Omit “section 48G”, substitute “section 157”.
2
Section 4 (definition of general licence application information ) Omit “section 48A”, substitute “section 151”.
Renumber as Part 10.
Renumber as section 146.
Renumber as section 147.
Omit “section 45”, substitute “section 146”.
Renumber as Part 11.
Renumber as section 149.
Renumber as section 150.
Renumber as Part 12.
Renumber as section 151.
Renumber as section 152.
Omit “section 48A”, substitute “section 151”.
Renumber as section 153.
Omit “section 48A”, substitute “section 151”.
Renumber as section 154.
Omit “section 48A”, substitute “section 151”.
Renumber as section 155.
Omit “section 48A”, substitute “section 151”.
Renumber as section 156.
Omit “section 48A” (wherever occurring), substitute “section 151”.
Omit “section 48G”, substitute “section 157”.
Renumber as section 157.
Renumber as section 158.
Renumber as Part 13.
Renumber as section 159.
Renumber as section 160.
Renumber as Part 14.
Renumber as section 164.
Omit “section 48”, substitute “section 150”.
Insert:
activities subject to consultation : see section 63.
design notification : see sections 96 and 97.
eligible safety zone infrastructure has the meaning given by subsection 136(1) of the Act.
initial plan approval application : see section 47.
licence activity , in relation to a licence or a proposed commercial licence, means an offshore infrastructure activity or other activity carried out, or to be carried out, in the licence area under the licence or the proposed commercial licence.
periodic revision day , for a relevant licence, has the meaning given by subsection 56(2), subject to sections 58 and 59.
plan revision approval application : see section 50.
proposed commercial licence means a commercial licence:
(a) that:
(i) the holder of a feasibility licence has applied for, where the application has not been granted or refused; or
(ii) the holder of a feasibility licence proposes to apply for; and
(b) that is proposed to have a licence area that consists of, or is entirely within, the licence area of the feasibility licence.
protection zone application : see section 130.
protection zone determination : see section 126.
relevant licence means a licence or a proposed commercial licence, and:
(a) in relation to a management plan—means the licence (including a proposed commercial licence) that the management plan is approved for; and
(b) in relation to an initial plan approval application for the Regulator to approve a plan as the management plan for a licence (including a proposed commercial licence)—means that licence; and
(c) in relation to a plan revision approval application for the Regulator to approve a revised management plan as the management plan for a licence (including a proposed commercial licence)—means that licence.
relevant structures, equipment and property , in relation to a relevant licence: see subsection 87(1).Note: The
relevant structures, equipment and property in relation to a relevant licence must be listed in the management plan for the licence under section 87. However, a structure, equipment or other property mentioned in subsection 87(1) is a relevant structure, equipment or property whether or not it is listed in the plan.
safety zone application : see section 117.
safety zone determination : see section 113.
Repeal the heading, substitute:
Repeal the section, substitute:
For the purposes of section 29 of the Act, this Part prescribes the licensing scheme in relation to:
(a) applications for licences; and
(b) the offering and granting of licences; and
(c) transfers of licences; and
(d) changes in control of licence holders; and
(e) other matters.
Omit “day on or before”, substitute “time before”.
Omit “on or before the day”, substitute “before the time”.
Add:
Note: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).
Omit “the day specified in the invitation under paragraph 9(3)(b)”, substitute “the day on which the time specified in the invitation under paragraph 9(3)(b) falls”.
Omit “day specified in the invitation under paragraph 9(3)(b) were a reference to the day”, substitute “time specified in the invitation under paragraph 9(3)(b) were a reference to the end of the day”.
Add:
Note: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).
Add:
Note: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).
Add:
Note: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).
Omit “amounts”, substitute “the amount”.
43
At the end of Subdivision C of Division 4 of Part 2 Add:
(1) This section applies if:
(a) an eligible person has applied for a commercial licence; and
(b) the commercial licence has not been granted, and the application has not been refused; and
(c) subject to section 103 of this instrument, section 117 of the Act would, if the commercial licence were granted, require the eligible person to have provided the Commonwealth with an amount of financial security at the time the commercial licence comes into force.
(2) For the purposes of paragraph 42(1)(j) of the Act, the Minister may only grant the commercial licence if the eligible person has provided the Commonwealth with that amount of financial security.
Add:
Note: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).
Add:
Note: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).
Repeal the paragraph, substitute:
(d) a description of how the offshore infrastructure project carried out, or to be carried out, under the licence (including, in the case of a feasibility licence, any proposed commercial licence that the licence holder has applied for, or proposes to apply for, on the basis of the feasibility licence) is contributing, or will contribute, to the Australian economy and local communities, including in relation to:
(i) regional development; and
(ii) job creation; and
(iii) Australian industries; and
(iv) the use of Australian goods and services;
(e) any other information or documents that a condition of the licence (other than the condition in this section) requires the annual report to include.
Add:
(1) A feasibility licence is subject to the condition that the licence holder must give the Registrar a report under this section before the end of 2 years after the day the licence came into force (or such further period as allowed by the Registrar).
Note: For feasibility licences in force when this section commences, see subsection (8).
(2) The report must:
(a) describe the proposed commercial offshore infrastructure project; and
(b) describe the proposed supply chain and workforce needs of the project; and
(c) describe the opportunities for Australian businesses and workers that may arise from the project; and
(d) describe the consultation that the licence holder has carried out, in respect of economic opportunities directly arising from the project, with:
(i) Australian businesses, including businesses owned or operated by Aboriginal or Torres Strait Islander people; and
(ii) local governments of areas adjacent to, or near, the project; and
(iii) workers and their representatives; and
(iv) any forums or committees representing business owners and workers located in areas adjacent to, or near, the project; and
(e) describe how the project will maximise its contributions to the Australian economy and Australian communities.
Revision of report
(3) The Registrar may, by notice in writing, direct the licence holder to review and update the report, and give the updated report to the Registrar, before the end of a period specified in the direction.
(4) The licence is subject to the condition that:
(a) the licence holder must comply with any direction given to the licence holder under subsection (3); and
(b) any updated report that the licence holder gives to the Registrar in accordance with such a direction must be in accordance with subsection (2).
Registrar must consider report for publication
(5) If the licence holder gives the Registrar a report (including a revised report) under this section (including under subparagraph (b)(ii) of this subsection), the Registrar must, before the end of 60 days after the licence holder gave the report:
(a) decide whether the report is in accordance with subsection (2); and
(b) either:
(i) if the Registrar is satisfied that the report is in accordance with subsection (2)—give the licence holder a notice stating that the licence holder must publish the report in accordance with subsection (6); or
(ii) otherwise—give the licence holder a notice requiring the licence holder to revise and resubmit the report, and setting out the information that must be included in the report.
(6) If the Registrar gives the licence holder a notice under subparagraph (5)(b)(i), the licence holder must:
(a) publish the report on the licence holder’s website within 30 days after receiving the notice; and
(b) keep the report on the licence holder’s website for as long as the feasibility licence remains in force.
(7) Before publishing the report under subsection (6), the licence holder must remove from the report any information that the licence holder reasonably considers to be:
(a) a trade secret; or
(b) information the disclosure of which would, or could reasonably be expected to, adversely affect any person’s business, commercial or financial affairs.
Licences in effect when this section commences
(8) If a feasibility licence is in effect when this section commences, the licence holder must give the Registrar the first report under this section in relation to the licence before the end of 2 years after the day this section commences, instead of before the time mentioned in subsection (1).
Repeal the note, substitute:
Note 1: The application must be made to the Registrar: see section 69 of the Act.
Note 2: For application fees, see section 146 of this instrument. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).
Add:
Note 4: For application fees, see section 146 of this instrument. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).
Insert:
Application for consent to surrender
(1) An application under subsection 74(1) of the Act for the Minister to consent to the surrender of a licence in respect of an area:
(a) must be made in the manner and form that is:
(i) approved by the Registrar; and
(ii) published on the Registrar’s website; and
(b) must be accompanied by any information or documents required by the form.
Note 1: The application must specify or set out the matters required by subsection 74(2) of the Act.
Note 2: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).
Notice of surrender
(2) A notice under subsection 74(4) of the Act surrendering a licence in respect of an area:
(a) must be in the manner and form that is:
(i) approved by the Registrar; and
(ii) published on the Registrar’s website; and
(b) must be accompanied by any information or documents required by the form.
Note: The notice must also be accompanied by the notice of the Minister’s consent to the surrender of the licence in respect of the area (see subsection 74(4) of the Act).
Add:
(6) To avoid doubt, the Registrar:
(a) may make more than one request under this section; and
(b) may make further requests if the Registrar or the Minister is not satisfied with the information provided in response to a request.
Insert:
For the purposes of section 29 of the Act, this Part prescribes the licensing scheme in relation to:
(a) management plans; and
(b) other matters.
(1) A licence holder commits an offence of strict liability if:
(a) there is a management plan for the licence; and
(b) the licence holder carries out licence activities in a way that is contrary to the management plan.
Penalty: 50 penalty units.
Continuing offences
(2) A person who commits an offence against subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues.
(3) The maximum penalty for each day that an offence under subsection (1) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
(1) The holder of a feasibility licence, a research and demonstration licence or a transmission and infrastructure licence may apply to the Regulator, in accordance with this Subdivision, for the Regulator to approve a plan as the management plan for the licence.
(2) If the holder of a feasibility licence has applied for, or proposes to apply for, a commercial licence on the basis of the feasibility licence, the licence holder may apply to the Regulator, in accordance with this Subdivision, for the Regulator to approve a plan as the management plan for the proposed commercial licence.
Note: The relevant licence for an application under subsection (2) is the proposed commercial licence (see the definition of
relevant licence in section 4).(3) For the purposes of this instrument, an application under this section is an
initial plan approval application .(4) This section does not apply if there is already a management plan for the relevant licence.
Note: If there is already a management plan for the relevant licence, the licence holder may make a plan revision approval application instead (see section 50).
(1) An initial plan approval application:
(a) must be made in the manner and form that is:
(i) approved by the Regulator; and
(ii) published on the Regulator’s website; and
(b) must be accompanied by the plan; and
(c) must be accompanied by any other information or documents required by the form.
(2) Before making an initial plan approval application, a licence holder must carry out consultation under Subdivision D.
Note 1: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).
Note 2: The licence holder may be required to give the Regulator a design notification before making the initial plan approval application (see section 96).
If:
(a) a licence holder makes an initial plan approval application (the
first application ) in relation to a licence; and(b) while the Regulator is dealing with the first application, the licence holder makes a further initial plan approval application in relation to the licence;
the first application is taken to be withdrawn when the further application is made.
(1) This section applies to the holder of a licence for which there is a management plan.
(2) This section also applies to the holder of a feasibility licence if:
(a) the licence holder has applied, or proposes to apply, for the Minister to grant a commercial licence on the basis of the feasibility licence; and
(b) the Regulator has approved a management plan for the proposed commercial licence.
Note: If subsection (2) applies, the relevant licence for an application under paragraph (3)(b) is the proposed commercial licence (see the definition of
relevant licence in section 4).(3) The licence holder may:
(a) prepare a revised management plan; and
(b) apply to the Regulator, in accordance with this Subdivision, for the Regulator to approve the revised management plan as the management plan for the relevant licence.
(4) For the purposes of this instrument, an application under paragraph (3)(b) is a
plan revision approval application .
A plan revision approval application:
(a) must be made in the manner and form that is:
(i) approved by the Regulator; and
(ii) published on the Regulator’s website; and
(b) must be accompanied by the revised plan; and
(c) must be accompanied by any information or documents required by the form.
Note 1: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).
Note 2: If the relevant licence is a transmission and infrastructure licence, the licence holder may be required to give the Regulator a design notification before making the plan revision approval application (see subsection 96(3)).
If:
(a) a licence holder makes a plan revision approval application (the
first application ) in relation to a licence; and(b) while the Regulator is dealing with the first application, the licence holder makes a further plan revision approval application in relation to the licence;
the first application is taken to be withdrawn when the further application is made.
(1) The Regulator may, at any time when an approval of a management plan for a relevant licence is in effect, direct the licence holder to:
(a) revise the management plan; and
(b) make a plan revision approval application for the Regulator to approve the revised plan as the management plan for the relevant licence.
Note: Before giving a direction under this subsection, the Regulator must give the licence holder a written notice of the proposed direction inviting the licence holder to make a submission about the proposed direction (see section 55).
(2) The direction must:
(a) be in writing; and
(b) set out the matters in respect of which the management plan must be revised; and
(c) set out the reasons for the revision; and
(d) specify the day on or before which the plan revision approval application must be made.
(3) The direction:
(a) may include a requirement for the licence holder to carry out consultation under Subdivision D before making the plan revision approval application; and
(b) if the direction includes such a requirement:
(i) may state that the consultation must relate to specified licence activities carried out, or to be carried out, under the relevant licence; and
(ii) may state that only specified persons, organisations, communities or groups of kinds mentioned in subsection 64(1) need to be consulted.
Time limit for complying with direction
(4) The day specified for the purposes of paragraph (2)(d) must be reasonable.
(5) The licence holder may, in writing, ask the Regulator to vary the day specified for the purposes of paragraph (2)(d) to a later day.
(6) If the licence holder makes a request under subsection (5), the Regulator may, by written notice to the licence holder:
(a) grant the request and vary the day specified for the purposes of paragraph (2)(d) to a later day; or
(b) refuse the request.
Licence holder must comply with direction
(7) The licence holder must comply with the direction on or before the day specified in the direction for the purposes of paragraph (2)(d).
Strict liability offence
(1) A person commits an offence of strict liability if:
(a) the Regulator gives the person a direction under subsection 53(1); and
(b) the person does not comply with the direction on or before the day specified in the direction for the purposes of paragraph 53(2)(d).
Penalty: 40 penalty units.
Civil penalty provision
(2) A person is liable to a civil penalty if:
(a) the Regulator gives the person a direction under subsection 53(1); and
(b) the person does not comply with the direction on or before the day specified in the direction for the purposes of paragraph 53(2)(d).
Civil penalty: 40 penalty units.
Continuing contraventions
(3) A person who commits an offence against subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues.
(4) The maximum penalty for each day that an offence under subsection (1) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
(5) A person who contravenes subsection (2) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues.
(6) The maximum civil penalty for each day that a contravention of subsection (2) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
(1) Before giving a direction under subsection 53(1) to a licence holder, the Regulator must give the licence holder written notice of the proposed direction.
(2) The notice must:
(a) set out the proposed direction; and
(b) set out the Regulator’s reasons for giving the proposed direction; and
(c) invite the licence holder to make a written submission about the proposed direction; and
(d) specify the day on or before which the submission must be made.
(3) The day specified for the purposes of paragraph (2)(d) must be reasonable.
(4) If the licence holder makes a submission on or before the day specified for the purposes of paragraph (2)(d):
(a) the Regulator must take the submission into account in deciding whether or not to give the direction; and
(b) if the Regulator decides not to give the direction—may give the licence holder a different direction under subsection 53(1) instead, and need not comply with this section in relation to the different direction.
(1) If an approval of a management plan for a relevant licence is in effect, the licence holder must, on or before the periodic revision day worked out under subsection (2):
(a) prepare a revised management plan; and
(b) make a plan revision approval application for the Regulator to approve the revised management plan as the management plan for the licence;
unless an exemption is in effect under section 57 in relation to the licence.
(2) Subject to sections 58 (deferral) and 59 (different day determined by Regulator), the
periodic revision day for a relevant licence is the day 5 years after the most recent of any of the following:
(a) the day an approval of the management plan, or a revised management plan, for the relevant licence took effect as a result of a plan revision approval application made under paragraph (1)(b) of this section;
(b) if the Regulator gives the licence holder a direction under subsection 53(1) in relation to the licence—the day specified in the direction under paragraph 53(2)(d);
(c) the day an exemption under section 57 in relation to the licence ceased to have effect;
(d) the day a deferral under section 58 in relation to the licence ceased to have effect;
(e) the day a determination under section 59 in relation to the licence ceased to have effect.
Note: For when an approval of a plan takes effect, and the previous plan ceases to be the management plan for the licence, see section 71.
(3) To avoid doubt, an approval of a management plan for a relevant licence does not cease to be in effect merely because of a failure to comply with subsection (1).
Offence
(4) A person commits an offence of strict liability if:
(a) the person holds a licence for which there is a management plan; and
(b) no exemption is in effect under section 57 in relation to the licence; and
(c) the periodic revision day for the licence passes; and
(d) the person does not prepare a revised management plan and make a plan revision approval application for the Regulator to approve the revised management plan as the management plan for the licence.
Penalty: 40 penalty units.
Continuing offences
(5) A person who commits an offence against subsection (4) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues.
(6) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
(1) If an approval of a management plan for a relevant licence is in effect, the licence holder may apply to the Regulator, in writing, for an exemption from the requirements in subsection 56(1) in relation to the licence.
(2) The Regulator may, by written notice to the licence holder, grant the exemption if the Regulator is satisfied that:
(a) no licence activities are occurring under the management plan; and
(b) there is no licence infrastructure in the licence area.
Note: If an exemption under this section is in effect in relation to a relevant licence, the periodic revision obligation in subsection 56(1) does not apply (see that subsection and paragraph 56(4)(b)). However, sections 53 (Regulator may direct licence holder to revise management plan) and 60 (other circumstances in which licence holder must make a plan revision approval application) continue to apply.
Revocation of exemption
(3) An exemption under this section is taken to be revoked if the Regulator gives the licence holder a direction under section 53 in relation to the relevant licence.
Note: See also subsections 33(3) and (3AA) of the
Acts Interpretation Act 1901 .
(1) If an approval of a management plan for a relevant licence is in effect, the licence holder may apply to the Regulator for a deferral of the periodic revision day for the relevant licence.
(2) The application must:
(a) be in writing; and
(b) set out the reasons for the deferral, including an explanation of why the deferral is necessary and appropriate; and
(c) propose a deferred periodic revision day for the relevant licence.
(3) The Regulator may, by written notice to the licence holder, grant a deferral of the periodic revision day for the relevant licence if the Regulator is satisfied that:
(a) the licence holder is reasonably likely to comply with the management plan for the period of the deferral; and
(b) the deferral is reasonably necessary for the reasons described in the application under paragraph (2)(b).
(4) A notice under subsection (3) must specify the deferred periodic revision day for the relevant licence.
(5) If a deferral under this section is in effect in relation to a relevant licence, the periodic revision day for the relevant licence is the day specified for the purposes of subsection (4).
Note: A deferral under this section defers the periodic revision obligation under section 56. However, sections 53 (Regulator may direct licence holder to revise management plan) and 60 (other circumstances in which licence holder must make a plan revision approval application) continue to apply.
Revocation of deferral
(6) A deferral under this section is taken to be revoked:
(a) at the end of the day specified for the purposes of subsection (4); or
(b) if the Regulator gives the licence holder a direction under section 53 in relation to the relevant licence.
Note: See also subsections 33(3) and (3AA) of the
Acts Interpretation Act 1901 .
(1) This section applies if the Regulator grants a plan revision approval application under section 71 in relation to a relevant licence.
(2) When the Regulator grants the application, the Regulator may determine that the periodic revision day for the relevant licence is a particular day.
(3) If the Regulator makes a determination under subsection (2):
(a) the Regulator must give the licence holder written notice of the determination; and
(b) for the purposes of section 56, the periodic revision day for the relevant licence is the day determined by the Regulator.
Revocation of determination
(4) A determination under this section is taken to be revoked:
(a) at the end of the day determined for the purposes of subsection (2); or
(b) if the Regulator gives the licence holder a direction under section 53 in relation to the relevant licence.
(1) If an approval of a management plan for a relevant licence is in effect, the licence holder must, in any of the circumstances set out in subsection (2):
(a) prepare a revised management plan; and
(b) make a plan revision approval application for the Regulator to approve the revised management plan as the management plan for the licence.
(2) For the purposes of subsection (1), the circumstances are the following:
(a) the licence activities are to change significantly;
(b) the listofrelevant structures, equipment and property included in the plan in accordance with section 87, or the details included under subsection 87(3), is significantly incorrect;
(c) the licence holder identifies a new or significantly increased hazard, impact or risk of a kind referred to in paragraph 83(2)(a);
(d) the licence holder identifies a kind of emergency that could reasonably foreseeably arise in relation to the licence activities, and that is not already identified in the management plan under paragraph 91(2)(a);
(e) a significant change is made to the emergency response plan required to be described under paragraph 91(2)(c);
(f) an obligation of a kind mentioned in section 85 (obligations under the
Environment Protection and Biodiversity Conservation Act 1999 ) begins to apply to the licence holder in relation to the licence activities, or there is a material change in such an obligation that already applies to the licence holder in relation to the licence activities;(g) there has been a change in control of the licence holder that has changed, or is likely to change, the manner in which licence activities are carried out;
(h) the relevant licence has been transferred under Division 2 of Part 2 of Chapter 3 of the Act, and the transfer has changed, or is likely to change, the manner in which licence activities are carried out;
(i) a requirement included in the management plan under paragraph 73(d) (requirement to revise plan when it becomes possible for the plan to fully address a matter) applies;
(j) the Minister makes a determination under section 102 (requirement for financial security to be in a particular form) in relation to the relevant licence;
(k) a condition is imposed on the relevant licence, or a condition that applies to the relevant licence is varied, and the condition:
(i) relates to the licence activities; or
(ii) requires a matter to be addressed in the plan;
(l) if:
(i) the plan (the
first plan ) provides for a matter by applying, adopting or incorporating any matter contained in the management plan for another licence as in force from time to time; and(ii) the Regulator approves a revised plan as the management plan for the other licence;
the revision of the management plan for the other licence is likely to have a significant effect on the meaning or operation of the first plan.
(3) The licence holder must comply with subsection (1) as soon as reasonably practicable after the licence holder becomes aware that a circumstance set out in subsection (2) applies.
(4) However, subsection (1) does not apply to a particular circumstance set out in subsection (2) if:
(a) the management plan already makes provision for the circumstance; and
(b) the circumstance does not, and is not likely to, result in the licence holder failing to comply with the management plan.
(1) A person commits an offence of strict liability if:
(a) the person holds a licence for which there is a management plan; and
(b) the person reasonably ought to know that a circumstance in subsection 60(2) applies in relation to the licence; and
(c) the circumstance results, or is likely to result, in the person failing to comply with the management plan; and
(d) the person does not, as soon as reasonably practicable after paragraph (b) applies, prepare a revised management plan and make a plan revision approval application for the Regulator to approve the revised management plan as the management plan for the licence.
Penalty: 40 penalty units.
Continuing offences
(2) A person who commits an offence against subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues.
(3) The maximum penalty for each day that an offence under subsection (1) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
This Subdivision sets out how a licence holder is to comply with the following:
(a) subsection 48(2) (requirement to consult before making initial plan approval application) in relation to an initial plan approval application;
(b) a requirement under subsection 53(3) (Regulator may require consultation before a plan revision approval application is made) in relation to a direction to make a plan revision approval application.
Note 1: The management plan for the relevant licence must include information about consultation carried out in accordance with this Subdivision (see section 81).
Note 2: Conditions on the relevant licence may also require consultation to be carried out. Depending on the nature of the requirement, it may be possible to carry out consultation required by the conditions alongside consultation carried out under this Subdivision.
63 Consultation—activities subject to consultation
(1) The
activities subject to consultation for consultation that relates to a proposed initial plan approval application are the licence activities that the proposed plan would authorise if:
(a) the application were made; and
(b) the Regulator granted the application and approved the proposed plan.
(2) To avoid doubt, a licence activity that is mentioned in the proposed plan, but that the proposed plan would not authorise, is not an
activity subject to consultation under subsection (1).Note: For example, an activity that is mentioned in the timetable of licence activities mentioned in paragraph 80(2)(a), but that the plan will not authorise without a further revision, is not an
activity subject to consultation .(3) If:
(a) consultation is required to be carried out as a result of a direction under subsection 53(1); and
(b) the direction includes a statement, under subparagraph 53(3)(b)(i), that the consultation must relate to specified licence activities;
then, despite subsections (1) and (2) of this section, the
activities subject to consultation for the consultation are the licence activities specified in the direction.
(1) The licence holder must make reasonable efforts to identify and consult the following:
(a) each Department of State, agency or authority of the Commonwealth, a State or a Territory that has functions that relate to the activities subject to consultation;
(b) Aboriginal or Torres Strait Islander people or groups that the licence holder reasonably considers may have native title rights and interests (within the meaning of the
Native Title Act 1993 ) in relation to:
(i) the licence area; or
(ii) areas of land or water that are adjacent to the licence area;
(c) Aboriginal or Torres Strait Islander organisations that are established under a law of the Commonwealth, a State or a Territory and that the licence holder reasonably considers to have functions related to managing, for the benefit of Aboriginal or Torres Strait Islander people:
(i) land or water in the licence area; or
(ii) areas of land or water that are adjacent to the licence area;
(d) Aboriginal or Torres Strait Islander organisations or groups that the licence holder reasonably considers to be parties to agreements related to land and water rights for Aboriginal or Torres Strait Islander people under the
Native Title Act 1993 or any law of a State or Territory, where the land or water rights relate to:
(i) land or water in the licence area; or
(ii) areas of land or water that are adjacent to the licence area;
(e) the holder of any other licence granted under the Act where:
(i) the licence area of the other licence covers wholly or partly the same area as the licence area of the relevant licence; or
(ii) there is licence infrastructure in relation to the other licence in or near the licence area of the relevant licence;
(f) people or organisations that the licence holder reasonably considers may, in or near the licence area of the relevant licence, carry out activities:
(i) for a commercial purpose; and
(ii) under a licence or permit (however described) issued under a law of the Commonwealth or a State or Territory; and
(iii) in a way that may directly interact with the activities subject to consultation;
(g) communities:
(i) that are located adjacent to the licence area; and
(ii) that the licence holder reasonably considers may be directly affected by the activities subject to consultation;
(h) any organisation representing recreational fishers whose activities the licence holder reasonably considers may be directly affected by the activities subject to consultation.
Note: For consultation requirements relating to the health and safety of workers, see item 9 of Schedule 1 (which modifies the
Work Health and Safety Regulations 2011 , as those Regulations apply for the purposes of Part 1 of Chapter 6 of the Act).(2) However, if:
(a) the consultation is being carried out as a result of a direction under subsection 53(1); and
(b) the direction includes a statement, under subparagraph 53(3)(b)(ii), that only specified persons, organisations, communities or groups need to be consulted;
then subsection (1) of this section does not apply to the consultation, and the licence holder must make reasonable efforts to consult the specified persons, organisations, communities or groups.
(3) Subsection (1) does not require the licence holder to consult a person, organisation, community or group (the
first person, organisation, community or group ) if the licence holder has consulted another person, organisation, community or group that could reasonably be regarded as representing the interests of the first person, organisation, community or group.
(1) For the purpose of the consultation, the licence holder must give each person, organisation, community or group being consulted sufficient information to allow an informed assessment of any reasonably foreseeable effects that the activities subject to consultation may have on:
(a) for a Department, agency or authority mentioned in paragraph 64(1)(a)—the functions mentioned in that paragraph; or
(b) for people and groups mentioned in paragraph 64(1)(b)—the native title rights and interests (within the meaning of the
Native Title Act 1993 ) mentioned in that paragraph; or(c) for organisations mentioned in paragraph 64(1)(c)—the functions mentioned in that paragraph; or
(d) for organisations or groups mentioned in paragraph 64(1)(d)—the rights mentioned in that paragraph; or
(e) for the holder of a licence (other than the relevant licence) mentioned in paragraph 64(1)(e)—the licence activities in relation to that licence; or
(f) for a person or organisation mentioned in paragraph 64(1)(f)—the activities mentioned in that paragraph; or
(g) for a community mentioned in paragraph 64(1)(g)—the community; or
(h) for an organisation mentioned in paragraph 64(1)(h)—the activities mentioned in that paragraph.
(2) However, subsection (1) does not require the licence holder to disclose information that could reasonably be expected to substantially prejudice the commercial interests of:
(a) the licence holder; or
(b) any other person.
(3) The licence holder must allow a person, organisation, community or group a reasonable period for the consultation.
(1) This Division applies if a licence holder makes an initial plan approval application for the Regulator to approve a plan as the management plan for a relevant licence.
Note: See section 47 (making an initial plan approval application).
(2) This Division also applies if a licence holder makes a plan revision approval application for the Regulator to approve a revised plan as the management plan for a relevant licence.
Note: See section 50 (making a plan revision approval application).
(1) The Regulator must make a decision on the application before the end of the period (the
decision period ) of 60 days after the day the application is made.
Extensions of decision period
(2) The Regulator may, by written notice to the licence holder, extend the decision period by a period specified in the notice.
(3) The notice must set out the reasons for the extension.
Note: For example, the Regulator may extend the decision period if the Regulator gives the licence holder a notice under subsection 68(1) (requiring further information), subsection 69(1) (requiring the licence holder to amend and resubmit the plan) or subsection 75(2) (proposing to refuse to grant the application), or for other reasons.
(4) To avoid doubt, the Regulator may extend the decision period more than once.
Failure to make decision within decision period does not affect validity
(5) A failure by the Regulator to comply with subsection (1) does not affect the validity of any decision made on the application or anything done by the Regulator in dealing with the application.
(1) If, at any time while considering the application, the Regulator is not satisfied that the application or the plan contains sufficient information for the Regulator to grant the application, the Regulator may, by written notice, require the licence holder to give further information.
(2) The notice must:
(a) specify the information required; and
(b) specify the day on or before which the information must be given; and
(c) specify the manner in which the information must be given.
Note: If the licence holder does not comply with the notice on or before the day specified for the purposes of paragraph (b), the Regulator may refuse to grant the application (see section 74).
Time limit for complying with notice
(3) The day specified for the purposes of paragraph (2)(b) must be reasonable.
(4) The licence holder may, in writing, ask the Regulator to vary the day specified for the purposes of paragraph (2)(b) to a later day.
(5) If the licence holder makes a request under subsection (4), the Regulator may, by written notice to the licence holder:
(a) grant the request and vary the day specified for the purposes of paragraph (2)(b) to a later day; or
(b) refuse the request.
Further information becomes part of plan
(6) If the licence holder gives information to the Regulator in accordance with the notice:
(a) the information becomes part of the plan as if it had been included in the plan when the application was given to the Regulator; and
(b) the Regulator must have regard to the information as if it had been so included.
Regulator may give multiple notices
(7) To avoid doubt, the Regulator:
(a) may give more than one notice under this section; and
(b) may give further notices if the Regulator is not satisfied with the information provided in response to a notice.
(1) The Regulator may, by written notice, require the licence holder to amend the plan and resubmit the plan to the Regulator if, at any time while the Regulator is considering the application, the Regulator:
(a) is not satisfied that the plan can be approved as the management plan for the relevant licence; and
(b) considers that the plan could be amended in a way that may make it able to be approved as the management plan for the relevant licence.
(2) The notice must:
(a) set out the matters in relation to which the Regulator considers that the plan could be amended; and
(b) specify the day on or before which the amended plan must be resubmitted.
Note: If the licence holder does not comply with the notice on or before the day specified for the purposes of paragraph (b), the Regulator may refuse to approve the plan (see section 74).
Time limit for complying with notice
(3) The day specified for the purposes of paragraph (2)(b) must be reasonable.
(4) The licence holder may, in writing, ask the Regulator to vary the day specified for the purposes of paragraph (2)(b) to a later day.
(5) If the licence holder makes a request under subsection (4), the Regulator may, by written notice to the licence holder:
(a) grant the request and vary the day specified for the purposes of paragraph (2)(b) to a later day; or
(b) refuse the request.
Regulator may give multiple notices
(6) To avoid doubt, the Regulator:
(a) may give more than one notice under this section; and
(b) may give further notices if the Regulator is not satisfied with the amendments made in response to a notice.
A licence holder who has made an initial plan approval application or a plan revision approval application may, by written notice to the Regulator, withdraw the application if the Regulator has not granted the application or refused to grant the application.
(1) The Regulator may, by written notice to a licence holder who has made an initial plan approval application or a plan revision approval application:
(a) grant the application and approve the plan, or the revised plan, as the management plan for the relevant licence; or
(b) refuse to grant the application and refuse to approve the plan or revised plan as the management plan for the relevant licence.
Note 1: The Regulator may only grant the application in accordance with section 72.
Note 2: The Regulator may only refuse to grant the application in accordance with section 74, and must give the licence holder the opportunity to make a submission on the proposed refusal under section 75.
Note 3: If the Regulator refuses to grant a plan revision approval application, the management plan for the relevant licence continues in effect without the revision (subject to later successful plan revision approval applications).
(2) An approval under paragraph (1)(a) takes effect:
(a) if the notice under subsection (1) specifies a day for the purposes of this paragraph—on that day; or
(b) otherwise—when the notice is given.
(3) When an approval under paragraph (1)(a) takes effect:
(a) the plan, or the revised plan, approved under that paragraph becomes the management plan for the relevant licence; and
(b) if the application was a plan revision approval application—the management plan for the licence immediately before the approval took effect ceases to be the management plan for the licence.
(4) If the Regulator refuses to grant the application, the notice under subsection (1) must set out the reasons for the refusal.
(1) The Regulator may only grant the application if the Regulator is satisfied:
(a) that the plan addresses the matters mentioned in section 115 of the Act (including the matters prescribed in this instrument for the purposes of paragraph 115(1)(h) of the Act, and any matters required by the Regulator under subsection 115(3) of the Act); and
(b) that approving the plan would be consistent with:
(i) the Act (including this instrument); and
(ii) any conditions of a declaration that apply to the relevant licence (or, if the relevant licence is a proposed commercial licence, will apply to the relevant licence) under section 20 of the Act; and
(iii) any direction given to the licence holder, and any determination or requirement that applies to the licence holder, under the Act (including this instrument); and
(c) that the applicant has:
(i) carried out the consultation required by subsection 48(2); and
(ii) complied with any requirements to carry out consultation imposed by the Regulator under subsection 53(3); and
(d) if section 96 requires the applicant to give the Regulator a design notification:
(i) that the applicant has complied with the requirement; and
(ii) that the Regulator has given feedback on the design notification under section 99; and
(e) if the relevant licence is in force, and the application is an initial plan approval application—that the licence holder has provided, in accordance with the plan, any financial security required by section 117 of the Act in relation to the licence activities (subject to section 103 of this instrument); and
(f) if the relevant licence is in force, and the application is a plan revision approval application—that the licence holder has provided, in accordance with the plan as proposed to be revised, any financial security required by section 117 of the Act in relation to the licence activities (subject to section 103 of this instrument); and
(g) if the relevant licence has been granted (whether or not the relevant licence is in force)—that approving the plan would be consistent with any conditions on the relevant licence; and
(h) of the other matters that provisions of Division 5 of this Part require the Regulator to be satisfied of in order to approve the plan.
Note: Division 5 of this Part prescribes matters that a plan for a relevant licence must address, and also includes other provisions relating to the Regulator’s consideration of whether to approve the plan (including particular matters that the Regulator must be satisfied of in order to approve the plan).
(2) In considering whether to grant the application, the Regulator must have regard to:
(a) the purpose of the relevant licence; and
(b) the nature and scale of the licence activities; and
(c) the stage that the offshore infrastructure project to be carried out under the relevant licence is at; and
(d) if the relevant licence is not a commercial licence or a feasibility licence—how similar the offshore infrastructure project described in the plan is to the proposed project for the relevant licence as described in the application for the relevant licence; and
(e) if a design notification has been given in relation to the design of licence infrastructure for the relevant licence, and the Regulator has given feedback on the design notification—whether the licence holder has adequately addressed the feedback; and
(f) any other matters the Regulator considers relevant.
Note: For paragraph (a), the purposes of different kinds of licences are set out in the following provisions of the Act:
(a) section 30 (purpose of a feasibility licence);
(b) section 39 (purpose of a commercial licence);
(c) section 49 (purpose of a research and demonstration licence);
(d) section 58 (purpose of a transmission and infrastructure licence).
If the plan cannot fully address a matter because of the stage that the offshore infrastructure project to be carried out under the relevant licence is at, the plan must:
(a) identify the matter; and
(b) explain why the plan cannot yet fully address the matter; and
(c) explain how and when it will be possible for the plan to fully address the matter; and
(d) include a requirement, for the purposes of paragraph 60(2)(i), for the licence holder to prepare a revised management plan and make a plan revision approval application when it is possible for the plan to fully address the matter; and
(e) include a requirement that any licence activities directly related to the matter must not be carried out until the licence holder has prepared a revised management plan and made a plan revision approval application as mentioned in paragraph (d), and the Regulator has granted the application.
The Regulator may only refuse to grant the application if:
(a) any of the following apply:
(i) the Regulator is not satisfied of the matters in subsection 72(1), having had regard to the matters in subsection 72(2);
(ii) the Regulator has given the licence holder a notice under subsection 68(1) (requirements for further information), and the licence holder does not comply with the notice on or before the day specified in the notice for the purposes of paragraph 68(2)(b);
(iii) the Regulator has given the licence holder a notice under subsection 69(1) (requirements to amend and resubmit plan), and the licence holder does not comply with the notice on or before the day specified in the notice for the purposes of paragraph 69(2)(b); and
(b) the Regulator has complied with section 75 and the day specified for the purposes of paragraph 75(3)(c) has passed (whether or not the licence holder has made a submission about the proposed decision).
(1) This section applies if the Regulator proposes to make a decision to refuse to grant the application.
(2) The Regulator must give the licence holder written notice of the proposed decision.
(3) The notice must:
(a) set out the Regulator’s reasons for the proposed decision; and
(b) invite the licence holder to make a written submission about the proposed decision; and
(c) specify the day on or before which the submission must be made.
(4) The day specified for the purposes of paragraph (3)(c) must be reasonable.
(5) If the licence holder makes a submission on or before the day specified for the purposes of paragraph (3)(c), the Regulator must take the submission into account in deciding whether to grant, or refuse to grant, the application.
(1) If:
(a) the application is an initial plan approval application; and
(b) the Regulator grants the application and approves the plan as the management plan for the relevant licence;
the licence holder must, before the end of 30 days after the day the approval takes effect, give the Regulator a summary of the management plan that includes the information set out in section 77.
(2) If:
(a) the application is a plan revision approval application; and
(b) the Regulator grants the application and approves the revised plan as the management plan for the relevant licence; and
(c) the most recent summary of the management plan for the relevant licence given to the Regulator under this section does not accurately reflect the revised plan;
the licence holder must, before the end of 30 days after the day the approval takes effect, give the Regulator a summary of the revised plan that includes the information set out in section 77.
Note: The Regulator may publish a summary given under subsection (1) or (2) on the Regulator’s website (see section 115A of the Act).
Offence
(3) A person commits an offence of strict liability if:
(a) the person is required to give the Regulator a summary under subsection (1) or (2) before the end of a period; and
(b) the person does not comply with that requirement before the end of the period.
Penalty: 50 penalty units.
Continuing offences
(4) A person who commits an offence against subsection (3) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues.
(5) The maximum penalty for each day that an offence under subsection (3) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
(1) A summary of a management plan given to the Regulator under section 76 must include a summary of the matters addressed in the management plan under the following provisions:
(a) section 80 (description of activities and operations);
(b) section 81 (consultation);
(c) section 82 (stakeholder engagement);
(d) section 83 (management system);
(e) section 84 (conditions of licence);
(f) section 85 (obligations under the
Environment Protection and Biodiversity Conservation Act 1999 );(g) section 88 (maintenance of relevant structures, equipment and property);
(h) section 89 (decommissioning of licence infrastructure);
(i) section 90 (removal of relevant structures, equipment and property, and remediation);
(j) section 91 (emergency management);
(k) section 94 (work health and safety).
(2) Despite subsection (1), the summary is not required to include information that could reasonably be expected to substantially prejudice the commercial interests of:
(a) the licence holder; or
(b) any other person.
(3) A summary of a management plan given to the Regulator under section 76 must include:
(a) contact details for the licence holder (which must include a telephone number and an email address); and
(b) the business address or addresses of any premises where records relating to any of the following are required to be kept, and can be inspected, under a provision of the management plan mentioned in paragraph 115(1)(f) of the Act:
(i) work in the nature of offshore infrastructure activities carried out in the Commonwealth offshore area;
(ii) any other work carried out, or purportedly carried out, in the Commonwealth offshore area under the relevant licence;
(iii) any other work carried out, or purportedly carried out, in the Commonwealth offshore area in accordance with a requirement under the Act.
(1) If:
(a) a licence holder gives the Regulator a summary of a management plan under section 76; and
(b) the Regulator:
(i) is not satisfied that the summary includes the information required by section 77; or
(ii) is not satisfied that the summary is suitable for publication on the Regulator’s website;
the Regulator may direct the licence holder to revise the summary and resubmit the summary to the Regulator.
(2) The direction must:
(a) be in writing; and
(b) describe the revisions that are required to be made; and
(c) specify the day on or before which the revised summary must be resubmitted.
(3) The day specified for the purposes of paragraph (2)(c) must be reasonable.
(4) To avoid doubt, the Regulator:
(a) may give more than one direction under subsection (1); and
(b) may give further directions if the Regulator is not satisfied with the revisions made in response to a direction.
Offence
(5) A person commits an offence of strict liability if:
(a) the Regulator gives the person a direction under subsection (1); and
(b) the person does not comply with the direction on or before the day specified in the direction for the purposes of paragraph (2)(c).
Penalty: 50 penalty units.
(6) A person who commits an offence against subsection (5) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues.
(7) The maximum penalty for each day that an offence under subsection (5) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
(1) This Division prescribes, for the purposes of paragraph 115(1)(h) of the Act, matters that a plan (including a revised plan) for a relevant licence must address in order to be approved as the management plan for the relevant licence.
Note 1: The requirements to address matters prescribed by this Division apply alongside the other requirements to address matters set out in subsection 115(1) of the Act, and a management plan may address these matters together. For example, a management plan may address the matters required by paragraph 115(1)(c) of the Act (environmental management) and the matters required by section 85 of this instrument (obligations under the
Environment Protection and Biodiversity Conservation Act 1999 ) together.Note 2: It is likely, although not certain, that a plan that complies with paragraph 115(1)(h) of the Act because it complies with this Division will also comply with the other paragraphs of subsection 115(1).
(2) This Division also includes other provisions relating to the Regulator’s consideration of whether to approve the plan as the management plan for the relevant licence.
(1) The plan must:
(a) describe the environment, including the physical environment and the general operating conditions, for the licence activities; and
(b) specify the location or locations of the licence activities; and
(c) include details of the layout of all licence infrastructure; and
(d) include an outline of the operational details of the licence activities.
(2) The plan must:
(a) include a timetable for the licence activities; and
(b) require the licence holder to notify the Regulator at least 30 days (or another period agreed between the Regulator and the licence holder) before a licence activity specified in the timetable is to commence; and
(c) require the licence holder to notify the Regulator no more than 30 days (or another period agreed between the Regulator and the licence holder) after a licence activity specified in the timetable has been completed.
(1) The plan must include the material set out in this section for any consultation carried out in accordance with Subdivision D of Division 3 in relation to the relevant licence.
(2) The plan must include the following:
(a) a description of the process that was used to identify persons, organisations, communities and groups to consult;
(b) a list of the persons, organisations, communities and groups consulted;
(c) a report on the outcomes of the consultation.
Note: The management plan may also address other consultation carried out in relation to the relevant licence, such as consultation required by a licence condition.
(3) The report mentioned in paragraph (2)(c) must:
(a) include a summary of any claims raised about any adverse effects that the licence activities might have on the persons, organisations, communities and groups consulted; and
(b) for each such claim—include an assessment of the merits of the claim, and a statement of whether the licence holder considers the claim to have reasonable merit; and
(c) for each such claim that the licence holder considers to have reasonable merit—include details of:
(i) the measures (if any) that the licence holder is to implement to address the claim; and
(ii) the measures (if any) that the licence holder is to implement to ensure that the measures mentioned in subparagraph (i) are effective, and are likely to remain effective.
(4) If the plan includes details of any measures under paragraph (3)(c), the plan must require the licence holder to carry out the measures as described.
(5) The Regulator may only approve the plan if the Regulator is satisfied that:
(a) any assessments or statements included in the report under paragraph (3)(b) are reasonable; and
(b) for each claim mentioned in paragraph (3)(a) that the licence holder considers to have reasonable merit:
(i) any measures detailed in the plan under subparagraph (3)(c)(i) are reasonably appropriate and adapted to addressing the claim; and
(ii) any measures detailed in the plan under subparagraph (3)(c)(ii) are reasonably appropriate and adapted to ensuring that the measures detailed in the plan under subparagraph (3)(c)(i) are effective, and are likely to remain effective; and
(iii) if the plan does not detail measures under subparagraph (3)(c)(i)—it is reasonable in the circumstances for the licence holder not to implement measures under that subparagraph; and
(iv) if the plan does not detail measures under subparagraph (3)(c)(ii)—it is reasonable in the circumstances for the licence holder not to implement measures under that subparagraph.
(1) The plan must describe a plan for stakeholder engagement (a
stakeholder engagement strategy ) that the licence holder will implement to identify and consult the following persons, organisations, communities and groups (stakeholders ) in relation to the licence activities:
(a) each Department of State, agency or authority of the Commonwealth, a State or a Territory that has functions that relate to the licence activities;
(b) Aboriginal or Torres Strait Islander people or groups that the licence holder reasonably considers may have native title rights and interests (within the meaning of the
Native Title Act 1993 ) in relation to:
(i) the licence area; or
(ii) areas of land or water that are adjacent to the licence area;
(c) Aboriginal or Torres Strait Islander organisations that are established under a law of a State or a Territory and that the licence holder reasonably considers to have functions related to managing, for the benefit of Aboriginal or Torres Strait Islander people:
(i) land or water in the licence area; or
(ii) areas of land or water that are adjacent to the licence area;
(d) Aboriginal or Torres Strait Islander organisations or groups that the licence holder reasonably considers to be parties to agreements related to land and water rights for Aboriginal or Torres Strait Islander people under the
Native Title Act 1993 or any law of a State or Territory, where the land or water rights relate to:
(i) land or water in the licence area; or
(ii) areas of land or water that are adjacent to the licence area;
(e) the holder of any other licence granted under the Act where:
(i) the licence area of the other licence covers wholly or partly the same area as the licence area of the relevant licence; or
(ii) there is licence infrastructure in relation to the other licence in or near the licence area of the relevant licence;
(f) people or organisations that the licence holder reasonably considers may, in or near the licence area of the relevant licence, carry out activities:
(i) for a commercial purpose; and
(ii) under a licence or permit (however described) issued under a law of the Commonwealth or a State or Territory; and
(iii) in a way that may directly interact with the licence activities;
(g) communities:
(i) that are located adjacent to the licence area; and
(ii) that the licence holder reasonably considers may be directly affected by the licence activities;
(h) any organisation representing recreational fishers whose activities the licence holder reasonably considers may be directly affected by the licence activities.
(2) Without limiting subsection (1), the plan must require the stakeholder engagement strategy to:
(a) set out a list of stakeholders that the licence holder has identified; and
(b) describe the process that the licence holder used to identify those stakeholders, and the process that the licence holder will use to identify stakeholders in the future; and
(c) include a summary of any claims raised about any adverse effects that changes in the licence activities might have on the stakeholders consulted; and
(d) for each such claim—include an assessment of the merits of the claim, and a statement of whether the licence holder considers the claim to have reasonable merit; and
(e) for each such claim that the licence holder considers to have reasonable merit—include details of:
(i) the measures (if any) that the licence holder is to implement to address the claim; and
(ii) the measures (if any) that the licence holder is to implement to ensure that the measures mentioned in subparagraph (i) are effective, and are likely to remain effective; and
(f) describe the licence holder’s process for continuing to engage with stakeholders and managing complaints from stakeholders; and
(g) describe how the strategy will be updated and kept current (including by identifying any new stakeholders); and
(h) include any reports included in a management plan under paragraph 81(2)(c) (reports on the outcomes of consultation).
(3) The Regulator may only approve the plan if the Regulator is satisfied that the stakeholder engagement strategy described in the plan would be reasonably likely to provide for ongoing engagement with stakeholders in relation to the licence activities.
Publication requirement
(4) The plan must require the licence holder to:
(a) publish the stakeholder engagement strategy on the licence holder’s website before the end of 30 days after the management plan is first approved; and
(b) keep the stakeholder engagement strategy on the licence holder’s website until the licence ceases to be in force, or the licence holder ceases to hold the licence; and
(c) ensure that any changes to the stakeholder engagement strategy are reflected in the published stakeholder engagement strategy.
(1) The plan must describe a management system to address the licence holder’s compliance with all obligations (
relevant obligations ) that:
(a) apply, or will apply, to the licence holder under any of the following:
(i) the Act or any instrument made under the Act;
(ii) the
Environment Protection and Biodiversity Conservation Act 1999 , or regulations under that Act;(iii) the applied work health and safety provisions;
(iv) the conditions of the relevant licence;
(v) the management plan for the relevant licence; and
(b) relate to the licence activities for the relevant licence.
(2) Without limiting subsection (1), the description of the management system in the plan must set out how the licence holder is to do each of the following:
(a) implement an ongoing process to identify, assess and deal with any hazards, impacts or risks:
(i) that might arise in relation to the licence activities; and
(ii) that would, if they did arise, result in the licence holder failing to comply with a relevant obligation;
(b) use the results of the process to develop measures to ensure that the licence holder meets the relevant obligations;
(c) establish and implement processes for managing changes in circumstances over time;
(d) consult, communicate and cooperate with other persons and organisations involved in the licence activities to ensure that the relevant obligations are met;
(e) make reasonable efforts to inform any person or organisation involved in the licence activities of their obligations, where compliance or non‑compliance with those obligations might affect the licence holder’s compliance with the relevant obligations;
(f) identify the roles and responsibilities of the licence holder and any person or organisation involved in the licence activities, in relation to anything that might affect the licence holder’s compliance with the relevant obligations;
(g) establish arrangements to coordinate the actions of the licence holder and any person or organisation involved in the licence activities, in relation to anything that might affect the licence holder’s compliance with the relevant obligations;
(h) establish arrangements for communication between the licence holder and any person, organisation, infrastructure, vessel or aircraft that is involved in the licence activities;
(i) establish protocols to ensure that the licence holder is informed, in a timely manner, of any incident or circumstances that might lead to the licence holder failing to comply with the relevant obligations;
(j) ensure that any person involved in the licence activities has the qualifications, competencies and supervision necessary to ensure that the licence holder complies with the relevant obligations;
(k) implement an ongoing process to:
(i) monitor, audit and record the licence holder’s compliance with the relevant obligations; and
(ii) identify and manage any non‑compliance with the relevant obligations; and
(iii) identify and, where appropriate, implement opportunities to improve the licence holder’s performance in relation to the relevant obligations.
(3) The plan must require the licence holder to implement the management system described in the plan.
(4) The Regulator may only approve the plan if the Regulator is satisfied that the management system described in the plan will be reasonably likely to ensure that the licence holder meets, and will continue meeting, the relevant obligations.
(1) If a condition of the relevant licence relates to the licence activities, the plan must:
(a) describe measures that the licence holder is to implement to ensure that the condition is complied with; and
(b) require the licence holder to implement those measures.
(2) The Regulator may only approve the plan if the Regulator is satisfied that the measures are reasonably likely to ensure that the condition is complied with.
Note: This section applies to licence conditions that relate to licence activities. The plan must also comply with paragraph 115(1)(b) of the Act, which applies to licence conditions that require the plan to address particular matters.
(1) This section applies if the licence holder has obligations under the
Environment Protection and Biodiversity Conservation Act 1999 , or under regulations under that Act, in relation to the licence activities (including any such obligations under conditions attached to an approval under that Act, or conditions of a permit issued under that Act).(2) The plan must:
(a) describe the obligations; and
(b) describe the measures that the licence holder is to implement to comply with the obligations.
(3) The plan must require the licence holder to implement the measures described under paragraph (2)(b).
Note: Obligations under the
Environment Protection and Biodiversity Conservation Act 1999 are also enforced under that Act.
(1) If the licence holder has given the Regulator a design notification in relation to the relevant licence, the plan must:
(a) set out any feedback provided by the Regulator on the design notification; and
(b) describe how the feedback has been addressed by the licence holder; and
(c) state whether or not the way the offshore infrastructure project is being carried out, or is to be carried out, under the relevant licence is broadly consistent with the design notification; and
(d) if the way the offshore infrastructure project is being carried out, or is to be carried out, under the relevant licence is not broadly consistent with the design notification—identify the extent of the inconsistencies and evaluate and describe how the inconsistencies have affected the offshore infrastructure project.
(2) If the Regulator gave feedback on the design notification, the Regulator may only approve the plan if the Regulator is satisfied that the licence holder has adequately addressed the feedback.
(1) This section applies to all structures, equipment and other property (
relevant structures, equipment and property in relation to the relevant licence):
(a) that:
(i) are in the licence area of the relevant licence; and
(ii) were brought into the licence area by, or with the authority of, the licence holder; and
(iii) are being, are to be or have been used in connection with activities authorised or required by or under the Act; or
(b) that:
(i) are to be brought into the licence area of the relevant licence by, or with the authority of, the licence holder; and
(ii) are to be used in connection with activities authorised or required by or under the Act.
(2) The plan must include a list of all relevant structures, equipment and property.
(3) The list must include, for each item that is a relevant structure, equipment or property, the following details:
(a) a concise description of the item;
(b) the location or locations in the licence area where the item is being, will be or has been used;
(c) how the item is being, will be or has been used;
(d) if the item is being, or has been, decommissioned—how the item is being, or has been, decommissioned.
(4) The list and details need not be updated for the purposes of a plan revision approval application unless the list or the details are significantly incorrect.
Note: If the list or details become significantly incorrect, the licence holder may need to revise the plan and make a plan revision approval application (see paragraph 60(2)(b)).
(1) The plan must describe measures for maintaining, in good condition and repair, relevant structures, equipment and property in relation to the relevant licence.
(2) Without limiting subsection (1), the plan must:
(a)
(2) In developing or revising a diving project plan for a diving project, a person conducting a business or undertaking must ensure that there is effective consultation with, and participation of, divers and other workers the person reasonably considers are likely to work on the project.
(3) When giving a DSMS to the regulator for acceptance, a person conducting a business or undertaking must set out in writing details of the consultation that has taken place, including:
(a) submissions or comments made during the consultation; and
(b) any changes that have been made to the DSMS as a result of the consultation.
(1) A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with diving work, in accordance with Part 3.1.
Note: WHS Act—section 19 (see regulation 9).
(2) A person conducting a business or undertaking who is directly involved with diving work included in a diving project must ensure that the work is carried out in a way that complies with:
(a) the accepted DSMS that covers the project; and
(b) the conditions (if any) on acceptance of the accepted DSMS; and
(c) the approved diving project plan for the project.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
(1) At each place of diving, before the beginning of a diving operation included in a diving project, a person conducting a business or undertaking who is directly involved with the operation must ensure that all divers and other workers who will be engaged in the diving operation are aware, and that there is a copy available to them, of the following:
(a) the instrument by which the diving supervisor for the operation was appointed under regulation 172A;
(b) the accepted DSMS that covers the diving project;
(c) the conditions (if any) on the acceptance of the DSMS;
(d) the approved diving project plan for the diving project.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier H monetary penalty.
(2) At each place of diving, before a diving operation begins, a person conducting a business or undertaking who is directly involved with the operation must ensure that all divers and other workers who will be engaged in the diving operation are aware of the following for each dive included in the operation:
(a) the tasks and duties of each person involved with the dive;
(b) the diving equipment, breathing gases and procedures to be used in the dive;
(c) the dive time, bottom time and decompression profile for the dive.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier H monetary penalty.
(3) A diver or other worker engaged in a diving operation must comply with:
(a) a direction under subregulation 172B(3) given to the diver or other worker by a diving supervisor for the diving operation; and
(b) an instruction under subregulation 172B(5) told to the diver or other worker by a diving supervisor for the diving operation.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier G monetary penalty.
(1) A person conducting a business or undertaking who is directly involved with a surface‑oriented diving operation involving the use of air or mixed gas as a breathing medium must not direct or allow the operation to be carried out at a depth of more than 50 metres.
Note 1: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Note 2: Section 10.3 of the
Criminal Code provides a defence of sudden or extraordinary emergency.Penalty: The tier D monetary penalty.
(2) A person conducting a business or undertaking who is directly involved with a diving operation that is carried out at a depth of more than 50 metres must ensure that the diving operation involves the use of:
(a) a closed diving bell and a suitable mixed gas breathing medium; or
(b) a crewed submersible craft.
Note 1: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Note 2: Section 10.3 of the
Criminal Code provides a defence of sudden or extraordinary emergency.Penalty: The tier D monetary penalty.
(1) A person conducting a business or undertaking who is directly involved with a diving operation must ensure that one or more diving supervisors are appointed, in writing, to supervise all diving included in the operation.
Note 1: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Note 2: Subregulation 169C(3) limits the scope of a diving operation that can be supervised by one diving supervisor.
Penalty: The tier G monetary penalty.
(2) A person conducting a business or undertaking who is directly involved with a diving operation must ensure that a person is not appointed as a diving supervisor for a diving operation if the person is not both:
(a) qualified as a supervisor under ADAS; and
(b) a competent person to supervise the operation.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier G monetary penalty.
(1) The duties of a diving supervisor for a diving operation are:
(a) to ensure that the operation is carried out:
(i) as far as reasonably practicable without risk to the health or safety of workers who are taking part in the operation or other persons who are or may be affected by it; and
(ii) in accordance with the law; and
(iii) in accordance with the accepted DSMS that covers the diving project that includes the operation; and
(iv) in accordance with the conditions (if any) on acceptance of the DSMS; and
(v) in accordance with the approved diving project plan for that project; and
(b) to ensure that each diver returns from each dive included in the operation; and
(c) to countersign entries about the operation in divers’ log books; and
(d) to report, as soon as reasonably practicable, the occurrence of any of the following in connection with the operation to each person conducting a business or undertaking who is directly involved with the operation:
(i) the death of, or serious personal injury to, a person;
(ii) the incapacitation of a person for work for at least 3 days;
(iii) an event that could reasonably have led to a consequence described in subparagraph (i) or (ii);
(iv) a decompression illness;
(v) a pulmonary barotrauma;
(vi) a case of omitted decompression;
(vii) an occurrence for which a standby diver is deployed for an emergency, except for the purposes of training, exercises or drills;
(viii) a failure of life support equipment or personnel lifting equipment.
(2) A diving supervisor must not fail to discharge a duty under subregulation (1).
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier G monetary penalty.
(3) When supervising a diving operation, a diving supervisor may give such reasonable directions to a worker taking part in the operation as are necessary to enable the diving supervisor to comply with subparagraph (1)(a)(i).
(4) A diving supervisor must not dive while on duty as diving supervisor.
Note 1: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Note 2: Section 10.3 of the
Criminal Code provides a defence of sudden or extraordinary emergency.Penalty: The tier G monetary penalty.
(5) A diving supervisor for a diving operation included in a diving project must tell each worker who takes part in the operation any instruction that is in the approved diving project plan for the diving project and applies to the worker.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier G monetary penalty.
(1) The holder of an OEI licence must give the regulator a start‑up notice for a diving project connected with the licence:
(a) at least 28 days before the day when diving is to begin; or
(b) on another day agreed between the regulator and the OEI licence holder.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
(2) A person conducting a business or undertaking must not direct or allow diving work included in a diving project to be carried out at a workplace unless a start‑up notice for the project has been given to the regulator.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
(3) In this regulation:
start‑up notice for a diving project connected with an OEI licence means a written notice, signed by or for the OEI licence holder, dated and containing the following information:
(a) the name, address and telephone number of the OEI licence holder;
(b) the name, address and telephone number of a person who is authorised to represent the OEI licence holder and who can be contacted by the regulator at any time during the project;
(c) the date when diving is expected to begin;
(d) the expected duration of the project;
(e) the location of the project;
(f) the depth to which divers will dive;
(g) the purpose of the diving project;
(h) the estimated number of workers to be engaged in the project;
(i) the breathing mixture to be used;
(j) details that allow the regulator to identify the approved diving project plan for the project.
(1) A person conducting a business or undertaking who is directly involved with a diving operation, or a diving supervisor for a diving operation, must not direct or allow a worker to dive in the diving operation if the worker is not competent to carry out safely any activity that is reasonably likely to be necessary while the worker is taking part in the operation.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
(2) A person conducting a business or undertaking who is directly involved with a diving operation, or a diving supervisor for a diving operation, must not direct or allow a worker to dive in the diving operation if the worker does not have a current diving qualification under ADAS to carry out any activity that is reasonably likely to be necessary while the worker is taking part in the operation.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
(3) A person conducting a business or undertaking who is directly involved with a diving operation, or a diving supervisor for a diving operation, must not direct or allow a worker to dive in the diving operation unless:
(a) the worker has a valid medical certificate; and
(b) the diving work to be done by the worker is consistent with the conditions (if any) to which the certificate is subject.
Note 1: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Note 2: For when a medical certificate is valid, see regulation 174B.
Penalty: The tier D monetary penalty.
(4) Subregulations (2) and (3) do not apply if the worker:
(a) is diving in a crewed submersible craft; or
(b) is diving to provide emergency medical care to an injured person in a chamber.
(1) A diver’s medical certificate is valid if it satisfies subregulation (2) or (3).
(2) A diver’s medical certificate satisfies this subregulation if:
(a) it certifies that, at the time it was given, the diver was fit to dive in accordance with the fitness requirements in AS/NZS 2299 as in force at the time the medical practitioner who gave the certificate examined the diver; and
(b) it is not more than 1 year old; and
(c) the medical practitioner who gave it:
(i) is accredited by the South Pacific Underwater Medicine Society, the Health and Safety Executive of the United Kingdom or the Undersea and Hyperbaric Medical Society; or
(ii) has completed an appropriate course of training conducted by the Royal Australian Navy or the Royal Adelaide Hospital; or
(iii) is a competent person to conduct medical examinations for occupational diving; and
(d) before giving it, the medical practitioner examined the diver in accordance with the Schedule of Minimum Examination Requirements in AS/NZS 2299 as in force at the time of the examination; and
(e) immediately after the examination, the medical practitioner entered the certificate in the diver’s log book.
(3) A diver’s medical certificate satisfies this subregulation if it is valid for the United Kingdom under any law of the United Kingdom (as in force from time to time) relating to the medical fitness of persons employed as divers.
Note: At the time this subregulation commenced, the relevant law for the United Kingdom was regulation 15 of the Diving at Work Regulations 1997.
(1) This regulation applies if a person:
(a) is a person conducting a business or undertaking who gives the regulator a DSMS that the regulator accepts; or
(b) is the holder of an OEI licence who approves a diving project plan for a diving project.
(2) The person must, if the person gave the DSMS, keep it until 7 years have passed since the end of the acceptance of the DSMS.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier I monetary penalty.
(3) The person must, if the person approved the diving project plan for a diving project, keep the plan until 7 years have passed since the end of the project.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier I monetary penalty.
(4) The person must ensure that, for the period for which the person must keep the DSMS or plan under this regulation, a copy can be made available, following a request, to any worker engaged to carry out the work to which the DSMS or plan relates.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier H monetary penalty.
(5) The person must ensure that, for the period for which the person must keep the DSMS or plan under this regulation, a copy is available for inspection under the Act.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier I monetary penalty.
(1) A diving supervisor for a diving operation must ensure that a diving operations record for the operation is maintained in the form required by subregulations (2) and (3).
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
(2) A diving operations record:
(a) must be kept in a hard‑covered form bound in such a way that its pages cannot easily be removed; or
(b) if it is in a form that has multiple copies of each page, must be bound so that at least one copy of each page cannot easily be removed.
(3) The pages of a diving operations record must be serially numbered.
(4) A diving supervisor for a diving operation must ensure that an entry is made in the diving operations record for each day when diving for the operation takes place, with the following information about the diving operation on that day:
(a) the date to which the entry relates;
(b) the name and address of each person conducting a business or undertaking who appointed any diving supervisor for the operation;
(c) the name of each diving supervisor who supervised the operation;
(d) the location of the diving operation (including, if the diving was done from a vessel or installation, its name);
(e) the name of each worker who took part in the operation (whether as a diver or as a member of a dive team);
(f) the purpose of the diving operation;
(g) for each diver—the breathing apparatus and breathing mixture used;
(h) for each diver—the times at which the diver left the surface, reached the bottom, left the bottom and arrived at the surface again, and bottom time;
(i) for each diver—the maximum depth reached;
(j) for each diver—verification that the diver returned from each of the diver’s dives;
(k) the decompression schedule followed including, for each diver, details of the depths and the duration at each depth during decompression;
(l) details of any emergency or incident of special note that happened during the operation;
(m) details of any decompression illness and any treatment given;
(n) details of any significant defect or significant failure of plant for diving used in the operation;
(o) details of any environmental factors relevant to the operation;
(p) anything else that is likely to affect the health or safety of anybody who took part in the operation.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier H monetary penalty.
(5) A diving supervisor for a diving operation must sign in the diving operations record for the operation:
(a) either:
(i) if the record is in a form that has multiple copies of each page—the original of each page of each entry; or
(ii) in any other case—each page of each entry; or
(b) if there are 2 or more diving supervisors for the operation—those parts of the entry that relate to diving work that the diving supervisor supervised;
and must print the diving supervisor’s name below the signature.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier H monetary penalty.
(6) As soon as practicable after the end of a diving operation connected with an OEI licence, each diving supervisor for the operation must ensure that the diving operations record maintained under this regulation is given to the OEI licence holder.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier I monetary penalty.
(7) After receiving a diving operations record for a diving operation, the OEI licence holder must keep the record for 7 years.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier I monetary penalty.
(1) A diver must:
(a) have a log book in the form required by subregulation (2); and
(b) for each time the diver dives:
(i) make an entry in the log book, in ink, as required by subregulation (3); and
(ii) sign the entry; and
(iii) have a diving supervisor for the diving operation countersign the entry; and
(c) keep the log book for at least 7 years after the last entry in it.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier I monetary penalty.
(2) The log book must:
(a) have hard covers; and
(b) be bound so that pages cannot easily be removed; and
(c) have its pages serially numbered; and
(d) show the diver’s name; and
(e) have a clear photograph of the diver’s full face; and
(f) have a specimen of the diver’s signature.
(3) An entry in the log book must contain the following information:
(a) the date to which the entry relates;
(b) the location of the dive (and, if the dive was from a vessel or installation, the name of the vessel or installation);
(c) the maximum depth reached;
(d) the times at which the diver left the surface, reached the bottom, left the bottom and arrived at the surface again, and bottom time;
(e) the breathing apparatus and breathing mixture used;
(f) the decompression schedule followed;
(g) the work done and the plant for diving used;
(h) any decompression illness, barotrauma, discomfort or injury and details of any treatment given;
(i) details of any emergency or incident;
(j) anything else relevant to the diver’s health or safety.
Insert:
This Division applies to plant that is:
(a) a crane; or
(b) a lift; or
(c) a hoist; or
(d) a work positioning system; or
(e) a temporary work platform; or
(f) a concrete placing boom.
Repeal the subregulation, substitute:
(1) This regulation applies to plant that is:
(a) a crane; or
(b) a lift; or
(c) a hoist; or
(d) a work positioning system; or
(e) a temporary work platform; or
(f) a concrete placing boom.
Add:
(1) This regulation applies to an OEI licence holder if there are one or more construction projects in the Commonwealth offshore area for the purposes of the offshore electricity infrastructure project being carried out under the OEI licence.
(2) For each such construction project, the OEI licence holder must publish the following on the OEI licence holder’s website:
(a) the principal contractor’s name and telephone contact numbers (including an after hours telephone number);
(b) a description of the construction project;
(c) details of the location or locations of the construction project.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier G monetary penalty.
Repeal the regulation.
Repeal the paragraph.
Insert:
This Chapter does not apply to:
(a) a facility that is an aircraft; or
(b) a facility that is a vessel and is not offshore renewable energy infrastructure (within the meaning of the
Offshore Electricity Infrastructure Act 2021 ) or offshore electricity transmission infrastructure (within the meaning of that Act).
24
Subregulation 676(1) (subheading before table item 8, column headed “Regulation under which reviewable decision is made”) Omit “
Accreditation of assessors ”, substitute “DSMS ”.
Repeal the items, substitute:
8 | 168C—Rejection of DSMS | Person conducting a business or undertaking who gave the DSMS to the regulator |
9 | 168C—Placing conditions on acceptance of DSMS | Person conducting a business or undertaking who gave the DSMS to the regulator |
10 | 168D—Rejection of revised DSMS | Person conducting a business or undertaking who gave the revised DSMS to the regulator |
11 | 168D—Placing conditions on acceptance of revised DSMS | Person conducting a business or undertaking who gave the revised DSMS to the regulator |
12 | 168K—Withdrawal of acceptance of a DSMS for failure to give the regulator a revised version of the DSMS as required by regulation 168H | Person conducting a business or undertaking who gave the DSMS to the regulator |
Insert:
The following events are prescribed for the purposes of paragraph 37(l) of the Act:
(a) an event that incapacitates a worker or other person for work for at least 3 days;
(b) any of the following events relating to diving work:
(i) a decompression illness;
(ii) a pulmonary barotrauma;
(iii) a case of omitted decompression;
(iv) an event for which a standby diver is deployed for an emergency, except for the purposes of training, exercises or drills;
(v) a failure of life support equipment or personnel lifting equipment;
(c) an event that a reasonable person would consider needs immediate investigation for its effects on work health and safety.
Repeal the regulations.
Add:
For the purposes of subsection 274(1) of the Act, all codes of practice that are, from time to time, approved under section 274 of the Act (disregarding the modifications made by the
Offshore Electricity Infrastructure Act 2021 and regulations made under that Act) are prescribed.Note: See section 240 of the
Offshore Electricity Infrastructure Act 2021 for a modification of section 274 of the Act.
Repeal the Chapter, substitute:
In this Part:
commencement day means the day that item 1 of Schedule 2 to theOffshore Electricity Infrastructure Amendment Regulations 2024 commences.
registration duty day means the day 4 years after the commencement day.
A duty in Part 5.2 applies on and after the registration duty day.
(1) A duty to register a design under Division 1 of Part 5.3 applies on and after the registration duty day (including in relation to a design that was completed at any time before the registration duty day).
(2) A duty to register an item of plant under Division 2 of Part 5.3 applies on and after the registration duty day.
Divisions 3, 4, 5 and 6 of Part 5.3 apply on and after the day that is 3 years after the commencement day.
30
Clause 1 of Schedule 2 (table item 1.1, column headed “Fee”) Omit “$5,500”, substitute “$5,500 (capped)”.
31
Clause 1 of Schedule 2 (table item 1.1, column headed “When fee is to be paid”) Omit “On application for approval”, substitute “On invoice”.
32
Clause 1 of Schedule 2 (table item 2.1, column headed “Fee”) Omit “$550”, substitute “$550 (capped)”.
33
Clause 1 of Schedule 2 (table item 2.1, column headed “When fee is to be paid”) Omit “On application for approval”, substitute “On invoice”.
34
Clause 1 of Schedule 2 (table item 2.1A, column headed “Fee”) Omit “$65”, substitute “$200 (fixed)”.
35
Clause 1 of Schedule 2 (table item 2.1B, column headed “Fee”) Omit “$30”, substitute “$50 (fixed)”.
36
Clause 1 of Schedule 2 (table item 2.1C, column headed “Fee”) Omit “$30”, substitute “$100 (fixed)”.
37
Clause 1 of Schedule 2 (table items 2.2 to 2.4) Repeal the items, substitute:
2.2 | Regulation 168C | Giving a DSMS to the regulator for acceptance | $30,000 (capped) | On invoice |
2.3 | Regulation 168D | Giving a revised DSMS to the regulator for acceptance | $15,000 (capped) | On invoice |
38
Clause 1 of Schedule 2 (table item 2.5, column headed “Fee”) Omit “$30”, substitute “$100 (fixed)”.
39
Clause 1 of Schedule 2 (table item 2.6, column headed “Fee”) Omit “no fee”, substitute “$5,500 (capped)”.
40
Clause 1 of Schedule 2 (table item 2.6, column headed “When fee is to be paid”) Omit “On application for licence”, substitute “On invoice”.
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Clause 1 of Schedule 2 (table item 2.7, column headed “Fee”) Omit “no fee”, substitute “$50 (fixed)”.
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Clause 1 of Schedule 2 (table item 2.8, column headed “Fee”) Omit “no fee”, substitute “$50 (fixed)”.
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Clause 1 of Schedule 2 (at the end of the table) Add:
2.9 | Regulation 578 | Application for major hazard facility licence | $55,000 (capped) | On invoice |
2.10 | Regulation 596 | Application for renewal of major hazard facility licence | $55,000 (capped) | On invoice |
Add:
(1) This clause applies in relation to a fee described as “(capped)” in an item of Table 2.1.
Note: This clause does not apply in relation to a fee described as “(fixed)” in an item of Table 2.1. The full amount of a fixed fee must be paid at the time specified in the table.
(2) The amount of the fee is the lesser of:
(a) the amount specified in the item; and
(b) the total amount of the expenses incurred by the regulator in performing or exercising the function or power, or dealing with the application, mentioned in the item.
(3) The fee is:
(a) due when the regulator issues an invoice for the fee to the person who requested the performance or exercise of the function or power, or made the application; and
(b) payable by that person; and
(c) payable in accordance with the requirements of the invoice.
(4) Subclause (3) has effect despite any other provision of this instrument that requires the fee to be paid in a particular way.
(5) Where an amount of the fee is owed by a person, the regulator may decline to perform the function or exercise the power to which the fee relates until the amount is paid.
Repeal the Schedule.
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