Offshore Petroleum and Greenhouse Gas Storage Regulations 2021 (Vic)
Version No. 002
Offshore Petroleum and Greenhouse Gas Storage Regulations 2021
S.R. No. 155/2021
Version incorporating amendments as at
1 July 2024
TABLE OF PROVISIONS
Regulation Page
Chapter 1—Preliminary
1Objective
2Authorising provision
3Commencement
3ARevocations
4Definitions
Chapter 2—Environment
Part 2.1—Preliminary
5Objects of this Chapter
6Definitions
7References to an activity
Part 2.2—Environment plans
Division 1—Requirement for an environment plan
8Accepted environment plan required for an activity
9Operations must comply with the accepted environment plan
10Operations must not continue if new or increased environmental risk identified
Division 2—Acceptance of an environment plan
11Submission of an environment plan
12Form of environment plan
13Publication of information about environment plan
13AWithdrawal of submitted environment plan
13BFurther information
13CMaking decision on submitted environment plan
13DCriteria for acceptance of environment plan
13ENotice of decision on environment plan and submission of summary
13FConsultation with relevant authorities, persons and organisations, etc.
Division 3—Contents of an environment plan
14Contents of an environment plan
15Environmental assessment
16Implementation strategy for the environment plan
17Environmental emergency response manual
18Details of titleholder and liaison person
19Other information in the environment plan
Division 4—Variation of an environment plan
20Variation because of a change, or proposed change, of circumstances or operations
21Variation on request by the Minister
22Variation at the end of each 5 years
23Form of proposed variation
23APublication of information about proposed variation
24Acceptance of a varied environment plan
25Effect of non-acceptance of proposed variation
Division 5—Withdrawal of acceptance of an environment plan
26Withdrawal of acceptance of environment plan
27Steps to be taken before withdrawal of acceptance
28Withdrawal of acceptance not affected by other provisions
28AEnvironment plan ends when titleholder notifies completion
Part 2.3—Incidents, reports and records
29Notifying reportable incidents
30Written report of reportable incidents
30AAdditional written reports if requested
31Reporting recordable incidents
31AReporting environmental performance
32Storage of records
33Making records available
Part 2.4—Miscellaneous
34Notifying start and end of activity
35Titleholder may refer to information previously given
Chapter 3—Safety
Part 3.1—Preliminary
40Objects of this Chapter
41Definitions
42Vessels and structures that are not facilities
43Vessels and structures that are not associated offshore places
44Forms, notices and reports
Part 3.2—Offshore facilities
Division 1—Operators
45Nomination of operator—general
46Acceptance or rejection of nomination of operator
47Register of operators
48Removal of name from register
Division 2—Safety cases
Subdivision 1—Contents of safety cases, safety measures, emergencies and record keeping
49Facility description, formal safety assessment and safety management system
50Implementation and improvement of the safety management system
51Standards to be applied
52Command structure
53Members of the workforce must be competent
54Permit to work system for safe performance of various activities
55Involvement of members of the workforce
56Design, construction, installation, maintenance and modification
57Medical and pharmaceutical supplies and services
58Machinery and equipment
59Drugs and intoxicants
60Evacuation, escape and rescue analysis
61Fire and explosion risk analysis
62Emergency communications systems
63Control systems
64Emergency preparedness
65Pipes
66Vessel and aircraft control
67Arrangements for records
Subdivision 2—Submission and acceptance of safety cases
68Safety case to be submitted to NOPSEMA
69NOPSEMA may request more information
70Acceptance or rejection of a safety case
71Notice of decision on safety case
72Consent to undertake work in a manner different from safety case
73Duties under Part 2 of Schedule 3 to the Act
Subdivision 3—Variation of safety case
74Variation of a safety case because of a change of circumstances or operations
75Variation on request by NOPSEMA
76Variation after 5 years
77NOPSEMA may request more information
78Acceptance or rejection of a proposal for a variation of a safety case
79Notice of decision on proposal for variation of a safety case
80Effect of rejection of a proposal for variation of a safety case
Subdivision 4—Withdrawal of acceptance of a safety case
81Grounds for withdrawal of acceptance
82Notice before withdrawal of acceptance
Subdivision 5—Exemptions
83NOPSEMA may give an exemption
Division 3—Validation
84Validation of design, construction and installation, significant modification or decommissioning of a facility
Division 4—Notifying and reporting accidents and dangerous occurrences
85Interpretation
86Notices and reports of accidents and dangerous occurrences
Division 5—Penalty provisions
87Facility must have operator
88Safety case required for the relevant stage in the life of a facility
89Work on a facility must comply with the safety case
90New health and safety risk
91Maintaining records
92Person on a facility must comply with safety case
93Interference with accident sites
Division 6—Miscellaneous
94Details in applications or submissions
Part 3.3—Occupational health and safety
Division 1—Health and safety
95Avoiding fatigue
96Possession or control of drugs or intoxicants
97Person must leave the facility when instructed to do so
98Prohibition on the use of certain hazardous substances
99Limitations on exposure to certain hazardous substances
100Exposure to noise
101Exemptions from hazardous substances and noise requirements
Division 2—Election of health and safety representatives
Subdivision 1—Returning officer
102Appointment of returning officer
Subdivision 2—The poll
103Number of votes
104Right to secret ballot
105Conduct of poll by secret ballot
106Conduct of poll if no request made for secret ballot
107If no candidate is elected
Subdivision 3—Polling by secret ballot
108Ballot‑papers
109Distribution of ballot papers
110Manner of voting by secret ballot
Subdivision 4—The count
111Envelopes given to returning officer
112Scrutineers
113Returning officer to be advised of scrutineers
114Persons present at the count
115Conduct of the count
116Informal ballot‑papers
117Completion of the count
118Destruction of election material
Subdivision 5—Result of election
119Request for recount
120Irregularities at election
121Result of poll
Division 3—Advice, investigations and inquiries
122Taking samples for testing etc.
123Care of samples
124Form of certain notices
Division 4—Exemptions from the requirements in Part 3 of Schedule 3 to the Act
125Orders under clause 52 of Schedule 3 to the Act
Division 5—Laws that do not apply
126Laws that do not apply
Division 6—Miscellaneous
127Service of notices
Part 3.4—Diving
Division 1—Preliminary
128Meaning of diving
129When a diving operation begins and ends
Division 2—Diving safety management systems
130No diving without DSMS
131Contents of DSMS
132Acceptance of new DSMS
133Acceptance of varied DSMS
134Grounds for rejecting DSMS
135Notice of reasons
136Register of DSMSs
137Variation of DSMS
138Notice to vary DSMS
Division 3—Diving project plans
139Diving project plan to be approved
140Diving project plan to NOPSEMA if there is no operator
141Diving project plan to NOPSEMA if requested
142Updating diving project plan
143Contents of diving project plan
144No diving without approved diving project plan
Division 4—Involvement of divers and members of the workforce
145Involvement of divers and members of the workforce in DSMS and diving project plan
Division 5—Safety responsibilities
146Safety responsibilities of diving contractors
147Safety in the diving area
148Diving depths
Division 6—Diving supervisors
149Appointment of diving supervisors
150Duties of diving supervisors
Division 7—Start‑up notices
151Start‑up notice
Division 8—Diving operations
152Divers in diving operations
153Medical certificates
Division 9—Records
154Diving operations record
155Divers' log books
Chapter 4—Greenhouse gas injection and storage
Part 4.1—Introduction
156Definitions
157Significant risk of a significant adverse impact—information
158Significant risk of a significant adverse impact—manner of determining risk
159Significant risk of a significant adverse impact—threshold amounts
160Significant risk of a significant adverse impact—notification that there is a significant adverse impact
161Significant risk of a significant adverse impact—notification that there is no significant adverse impact
Part 4.2—Declaration of identified greenhouse gas storage formation
162Application for declaration of identified greenhouse gas storage formation
163Dealing with application for declaration of identified greenhouse gas storage formation
Part 4.3—Site plans
164Object of Part
165Site plans—obligations
166Site plans—approval (general)
167Site plans—approval (Part A of plan)
168Site plans—approval (Part B of plan)
169Site plans—summary of draft site plan
170Site plans—approval
171Site plans—duration
172Site plans—withdrawal of approval
173Site plans—review of approved site plan
174Site plans—variation of approved site plan
Part 4.4—General
Division 1—Incident reporting
175Reportable incidents
176Notifying reportable incidents
177Written report of reportable incident
178Additional requirements—behaviour of greenhouse gas substance in the storage formation
179Additional requirements—leakage of stored greenhouse gas substance to the seabed
180Additional requirements—leakage from the bore of a well
181When report under this Division not necessary
Division 2—Other matters
182Decommissioning of structures, equipment and other items of property
183Discharge of securities
184Estimate of total costs and expenses of carrying out program of operations
Chapter 5—Resource management and administration
Part 5.1—Preliminary
185Objects of this Chapter
186Definitions
187Meaning of excluded information
Part 5.2—Notification and reporting of discovery of petroleum
Division 1—Petroleum titleholders
188Application
189Requirement to provide information with notification of discovery of petroleum
190Minister may request information to be included in discovery assessment report
191Requirement to provide discovery assessment report
Division 2—Greenhouse gas titleholders
192Application
193Requirement to provide petroleum discovery report
Part 5.3—Title assessment reports
194Application
195Requirement to provide annual title assessment report
196Reports may be combined with permission
197Title assessment report for part of a year
198Information to be provided in annual title assessment report—petroleum exploration permit
199Information to be provided in annual title assessment report—petroleum retention lease
200Information to be provided in annual title assessment report—petroleum production licence
201Information to be provided in annual title assessment report—greenhouse gas assessment permit
202Information to be provided in annual title assessment report—greenhouse gas holding lease
Part 5.4—Field development plans and approvals of petroleum recovery
Division 1—Preliminary
203Definitions
Division 2—Field development plan requirements for petroleum production licensees
204Requirement to have an accepted field development plan
205Requirement to undertake activities in accordance with accepted field development plan
Division 3—Obtaining acceptance of field development plan
206Application for acceptance of field development plan
207Minister's decision on field development plan
208Criteria for acceptance of field development plan
209Contents of field development plan
Division 4—Variation of field development plan
210Requirement to apply for variation of field development plan
211Application must be made at least 90 days before major change
212Minister's decision on variation of field development plan
213Variation required by Minister
214Objection to requirement to vary field development plan
215Decision on objection
Division 5—Recovery of petroleum before field development plan is accepted
216Application for approval to undertake the recovery of petroleum without accepted field development plan
217Decision on application
Division 7—Approval of rate of recovery of petroleum
219Requirement to obtain approval of rate of recovery of petroleum
220Application for approval of rate of recovery from pool in licence area
Division 8—Requirement to notify significant event
221Requirement to notify significant event to Minister
Part 5.5—Well operations management plans and approval of well activities—greenhouse gas titleholders
Division 1—Preliminary
222Application
223Definitions
224Part is a listed OHS law
Division 2—Requirements—well operations management plan
225Requirement to have accepted well operations management plan
226Requirement to undertake activities in accordance with accepted well operations management plan
Division 3—Obtaining acceptance of well operations management plan
227Application for acceptance of well operations management plan
228Decision on well operations management plan
229Criteria for acceptance of well operations management plan
230Contents of well operations management plan
231Status of well operations management plan
Division 4—Variation of well operations management plan
232Application for acceptance of variation
233Requirement to apply for variation of well operations management plan
234Decision on request for acceptance of varied well operations management plan
235Variation required by Minister
236Objection to requirement to vary
237Decision on objection
Division 5—Termination of well operations management plan
238Termination of well operations management plan
Division 6—Withdrawal of acceptance of well operations management plan
239Reasons for withdrawal of acceptance
240Notice of proposal to withdraw acceptance
241Decision to withdraw acceptance
242Relationship between withdrawal and other provisions
Division 7—Approval for specific well activities
243Requirement for approval of certain well activities that change well bore
244Application for approval to undertake activity
245Minister may request more information
246Decision on application
Division 8—Control of hazards and risks
247Requirement to control well integrity hazard or risk
Part 5.5A—Well operations management plans and approval of well activities—petroleum titleholders
Division 1—Preliminary
247AApplication
247BDefinitions
247CPart is a listed OHS law
Division 2—Requirements—well operations management plan
247DRequirement to have accepted well operations management plan
247ERequirement to undertake activities in accordance with accepted well operations management plan
Division 3—Obtaining acceptance of well operations management plan
247FApplication for acceptance of well operations management plan
247GDecision on well operations management plan
247HCriteria for acceptance of well operations management plan
247IContents of well operations management plan
247JStatus of well operations management plan
Division 4—Variation of well operations management plan
247KApplication for acceptance of variation
247LRequirement to apply for variation of well operations management plan
247MDecision on request for acceptance of varied well operations management plan
247NVariation required by NOPSEMA
247OObjection to requirement to vary
247PDecision on objection
Division 5—Termination of well operations management plan
247QTermination of well operations management plan
Division 6—Withdrawal of acceptance of well operations management plan
247RReasons for withdrawal of acceptance
247SNotice of proposal to withdraw acceptance
247TDecision to withdraw acceptance
247URelationship between withdrawal and other provisions
Division 7—Approval for specific well activities
247VRequirement for approval of certain well activities that change well bore
247WApplication for approval to undertake activity
247XMinister may request more information
247YDecision on application
Division 8—Control of hazards and risks
247ZRequirement to control well integrity hazard or risk
Part 5.6—Authorisation of petroleum titleholders to conduct greenhouse gas exploration
248Application of Part
249Definitions
250Requirement to notify about authorised activity in title area
251Authorisation of petroleum exploration permittee
252Authorisation of petroleum retention lessee
253Authorisation of petroleum production licensee
Part 5.7—Data management—petroleum titleholders
Division 1—Requirements for keeping information
254Purpose of Division
255Requirement to securely retain information
256Requirement to retain information so that retrieval is reasonably practicable
Division 2—Requirements for collection and retention of cores, cuttings and samples
257Purpose of Division
258Requirement to retain core, cutting or sample
259Requirement to retain core, cutting or sample in Australia
260Requirement to return core, cutting or sample to Australia
261Requirement to provide report about overseas analysis of core, cutting or sample
262Requirement to securely retain core, cutting or sample
263Requirement to retain core, cutting or sample so that retrieval is reasonably practicable
Division 3—Requirements for giving reports and samples
Subdivision 1—Preliminary
264Purpose of Division
Subdivision 2—Reports about drilling wells
265Requirement for daily drilling report
266Requirement for initial well completion report and data
267Requirement for final well completion report and data
Subdivision 3—Reports about geophysical and geological surveys
268Requirement for weekly survey report
269Requirement for survey acquisition report and data
270Requirement for survey processing report and data
271Requirement for survey interpretation report and data
Subdivision 4—Other reports
272Requirement for monthly report from petroleum production licensee
Subdivision 5—Cores, cuttings and samples
273Requirement to give core, cutting or sample
Part 5.8—Release of technical information about petroleum
Division 1—Preliminary
274Definitions
Division 2—Classification of documentary information
275Meaning of permanently confidential information
276Meaning of interpretative information
277Classification dispute notice
278Making an objection
279Consideration of objection by Minister
280Review of decision by Minister
281When objection ceases to be in force
Division 3—Release of documentary information
282Purpose of Division
283Release of open information about wells and surveys
284Release of basic disclosable information
285Release of interpretative disclosable information
286Release of documentary information—prior availability or consent
Division 4—Release of petroleum mining samples
287Purpose of Division
288Release of petroleum mining samples after relevant day
289Release of petroleum mining samples—prior availability or consent
Part 5.9—Data management—greenhouse gas titleholders
Division 1—Requirements to keep information
290Purpose of Division
291Requirement to securely retain information
292Requirement to retain information so that retrieval is reasonably practicable
Division 2—Requirements for collection and retention of cores, cuttings and samples
293Purpose of Division
294Requirement to retain core, cutting or sample
295Requirement to retain core, cutting or sample in Australia
296Requirement to return core, cutting or sample to Australia
297Requirement to provide report about overseas analysis of core, cutting or sample
298Requirement to securely retain core, cutting or sample
299Requirement to retain core, cutting or sample so that retrieval is reasonably practicable
Division 3—Requirements for giving reports and samples
Subdivision 1—Preliminary
300Purpose of Division
Subdivision 2—Reports about drilling wells
301Requirement for daily drilling report
302Requirement for initial well completion report and data
303Requirement for final well completion report and data
Subdivision 3—Reports about geophysical and geological surveys
304Requirement for weekly survey report
305Requirement for survey acquisition report and data
306Requirement for survey processing report and data
307Requirement for survey interpretation report and data
Subdivision 4—Other reports
308Requirement for greenhouse gas injection monthly report—greenhouse gas injection licensee
309Requirement for greenhouse gas injection annual report—greenhouse gas injection licensee
310Requirement for monthly greenhouse gas accounting report—greenhouse gas injection licensee
311Requirement for annual greenhouse gas accounting report greenhouse gas injection licensee
Subdivision 5—Cores, cuttings and samples
312Requirement to give core, cutting or sample
Part 5.10—Release of technical information about greenhouse gas
Division 1—Preliminary
313Definitions
Division 2—Classification of documentary information
314Meaning of permanently confidential information
315Meaning of interpretative information
316Classification dispute notice
317Making an objection
318Consideration of objection by Minister
319When objection ceases to be in force
Division 3—Release of documentary information
320Purpose of Division
321Release of open information about wells and surveys
322Release of information from greenhouse gas accounting reports
323Release of basic disclosable information
324Release of interpretative disclosable information
325Release of documentary information—prior availability or consent
Division 4—Release of eligible samples
326Purpose of Division
327Release of eligible samples after relevant day
328Release of eligible samples—prior availability or consent
Part 5.11—Miscellaneous
329Form of instrument of transfer
330Prescribed details for supplementary instrument for approval of dealing
331Survey of wells, structures or equipment
332Notice of route followed by pipeline
333Requirement to give notice of pipeline incident
334Requirement to provide written report about pipeline incident
335Requirement for notice of geophysical or geological survey
336Requirement to give notice of actions for royalty purposes
Chapter 6—Miscellaneous
Part 6.1—Fees
Division 1—Application fees
337Application fees
Division 2—Annual fees
338Work-bid petroleum exploration permit fee
339Special petroleum exploration permit fee
340Petroleum retention lease fee
341Petroleum production licence fee
342Infrastructure licence fee
343Pipeline licence fee
344Greenhouse gas holding lease fee
345Greenhouse gas injection licence fee
Division 3—Other fees
346Fee for entries in the Register of memoranda of transfers of title
347Fee for approval of dealing relating to a petroleum title
348Fee for registration of transfer of greenhouse gas title
349Fee for registration of dealing with greenhouse gas title
350Register inspection fees
351Document and certification fees
352Information fees
353Sample inspection fees
Part 6.2—Transitional provisions for Chapter 3—safety
Division 1—Preliminary
354Definitions
Division 2—Operators
355Operator of a facility before 1 January 2012
356Register of operators
Division 3—Safety cases
357Existing safety cases remain in force
Division 4—Pipelines
359Existing pipeline management plans remain in force
361Operator of a pipeline before 1 January 2012
Division 5—Diving safety management systems and diving project plans
362Register of DSMSs and varied DSMSs
363Existing DSMS remain in force
365Notices taken to be given by Safety Authority
366Existing diving project plans remain in force
Division 7—Exemptions from requirements in Part 3 of Schedule 3 to the Act
368Existing exemptions remain in force
Schedule 1—Application fees
Schedule 2—Forms
Schedule 3—Hazardous substances
Schedule 4—Information to be set out in application for declaration of a part of a geological formation as an identified greenhouse gas storage formation
Schedule 5—Information that must be set out in Part B of site plan
Schedule 6—Information that must be set out in summary of site plan
Schedule 7—Initial well completion data
Schedule 8—Final well completion data
Schedule 9—Survey acquisition data
Schedule 10—Processed survey data
Schedule 11—Interpretative survey data
Schedule 12—Transfer of title
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 002
Offshore Petroleum and Greenhouse Gas Storage Regulations 2021
S.R. No. 155/2021
Version incorporating amendments as at
1 July 2024
CHAPTER 1—PRELIMINARY
1Objective
The objective of these Regulations is to provide for the elimination and minimisation, so far as is practicable, of the environmental, health and safety hazards and risks involved in undertaking petroleum and greenhouse gas activities and, in particular, to make provision in relation to—
(a)the manner in which certain petroleum activities, greenhouse gas activities or greenhouse gas injection and storage activities are carried out in the offshore area; and
(b)the manner in which certain facilities are designed, constructed, installed, operated, modified and decommissioned in the offshore area; and
(c)to ensure that operations in the offshore area are carried out in accordance with good oilfield practice and are compatible with optimum long-term recovery of petroleum; and
(d)to prescribe requirements for various administrative activities, fees and other matters.
2Authorising provision
These Regulations are made under section 794 of the Offshore Petroleum and Greenhouse Gas Storage Act 2010.
3Commencement
These Regulations come into operation on 12 December 2021.
3ARevocations
The following Regulations are revoked—
(a)the Offshore Petroleum and Greenhouse Gas Storage Regulations 2011[1];
(b)the Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2012[2];
(c)the Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012[3];
(d)the Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2016[4].
4Definitions
In these Regulations—
risk means the likelihood of a specific undesired event occurring within a specific period or in specified circumstances and with specified consequences;
Note
A risk may be understood as a frequency (the number of specified events occurring within a period) or a probability (the likelihood of a specific event following another event).
the Act means the Offshore Petroleum and Greenhouse Gas Storage Act 2010;
vary, in relation to an environmental plan or a safety case, includes extend or modify.
Note
Other words and expressions used in these Regulations have the meanings given by the Act (for example, offshore area) or in other Chapters of these Regulations.
CHAPTER 2—ENVIRONMENT
PART 2.1—PRELIMINARY
5Objects of this Chapter
The objects of this Chapter are to ensure that any petroleum activity or greenhouse gas activity carried out in the offshore area is—
(a)carried out in a manner consistent with the principles of ecologically sustainable development; and
(b)carried out in a manner by which the environmental impacts and risks of the activity will be reduced to as low as reasonably practicable; and
(c)carried out in a manner by which the environmental impacts and risks of the activity will be of an acceptable level.
6Definitions
In this Chapter—
activity means a petroleum activity or a greenhouse gas activity;
control measure means a system, an item of equipment, a person or a procedure that is used as a basis for managing environmental impacts and risks;
environment means—
(a)ecosystems and their constituent parts, including people and communities; and
(b)natural and physical resources; and
(c)the qualities and characteristics of locations, places and areas; and
(d)the heritage value of places—
and includes—
(e)the social, economic and cultural features of the matters mentioned in paragraphs (a), (b), (c) and (d);
environmental impact means any change to the environment, whether adverse or beneficial, that wholly or partially results from an activity;
environmental management system means the system used by a titleholder to establish and implement its environmental policy and manage the environmental aspects of an activity, and includes organisational structure, planning activities, responsibilities, practices, procedures, processes and resources;
environmental performance means the performance of a titleholder in relation to the environmental performance outcomes and standards mentioned in an environment plan;
environmental performance outcome means a measurable level of performance required for the management of environmental aspects of an activity to ensure that environmental impacts and risks will be of an acceptable level;
environmental performance standard means a statement of the performance required of a control measure;
environment plan means the document known as an environment plan that is submitted to the Minister under regulation 11;
facilityincludes a structure or installation of any kind;
greenhouse gas activity means operations or works in an offshore area undertaken for the purpose of—
(a)exercising a right conferred on a greenhouse gas titleholder under the Act by a greenhouse gas title; or
(b)discharging an obligation imposed on a greenhouse gas titleholder by the Act or a legislative instrument under the Act;
greenhouse gas title means any of the following—
(a)a greenhouse gas assessment permit;
(b)a greenhouse gas holding lease;
(c)a greenhouse gas injection licence;
(d)a greenhouse gas search authority;
(e)a greenhouse gas special authority;
(f)a greenhouse gas research consent;
greenhouse gas titleholder means any of the following—
(a)a greenhouse gas assessment permittee;
(b)a greenhouse gas holding lessee;
(c)a greenhouse gas injection licensee;
(d)a registered holder of a greenhouse gas search authority;
(e)a registered holder of a greenhouse gas special authority;
(f)a holder of a greenhouse gas research consent;
in force, in relation to an environment plan, including a revised environment plan, means that—
(a)the plan has been accepted; and
(b)the acceptance of the plan has not been withdrawn; and
(c)the operation of the plan has not ended;
petroleum activity means operations or works in an offshore area undertaken for the purpose of—
(a)exercising a right conferred on a petroleum titleholder under the Act by a petroleum title; or
(b)discharging an obligation imposed on a petroleum titleholder by the Act or a legislative instrument under the Act;
petroleum title means any of the following—
(a)a petroleum exploration permit;
(b)a petroleum retention lease;
(c)a petroleum production licence;
(d)a pipeline licence;
(e)an infrastructure licence;
(f)a petroleum access authority;
(g)a petroleum special prospecting authority;
(h)a petroleum scientific investigation consent;
petroleum titleholder means any of the following—
(a)a petroleum exploration permittee;
(b)a petroleum retention lessee;
(c)a petroleum production licensee;
(d)a pipeline licensee;
(e)an infrastructure licensee;
(f)the registered holder of a petroleum access authority;
(g)the registered holder of a petroleum special prospecting authority;
(h)the holder of a petroleum scientific investigation consent;
recordable incident, for an activity, means a breach of an environmental performance outcome or environmental performance standard, in the environment plan that applies to the activity, that is not a reportable incident;
reportable incident, in relation to an activity, means an incident relating to the activity, whether or not described in an environment plan in force for the activity, that has caused, or has the potential to cause—
(a)moderate to catastrophic environmental consequences; and
(b)a breach of, or non-compliance with—
(i)the Act; or
(ii)this Chapter; or
(iii)the environmental performance outcomes set out in an environment plan in force for the activity;
titleholder means—
(a)a greenhouse gas titleholder; or
(b)a petroleum titleholder.
7References to an activity
A reference in this Chapter to an activity includes, where the context permits, a reference to—
(a)a proposed activity; and
(b)any stage of an activity.
PART 2.2—ENVIRONMENT PLANS
Division 1—Requirement for an environment plan
8Accepted environment plan required for an activity
(1)A titleholder must not undertake an activity if there is no environment plan in force for that activity.
Penalty:In the case of a body corporate, 400 penalty units;
In the case of a natural person, 80 penalty units.
(2)This regulation does not affect any other requirement under these Regulations for a consent to construct or install, or a consent to use, a facility.
9Operations must comply with the accepted environment plan
(1)A titleholder must not undertake an activity in a way that is contrary to—
(a)the accepted environment plan in force for the activity; or
(b)any limitation or condition applying to operations for the activity under this Chapter.
Penalty:In the case of a body corporate, 400 penalty units;
In the case of a natural person, 80 penalty units.
(2)Subregulation (1) does not apply to a titleholder who undertakes an activity in a manner contrary to the environment plan if the titleholder is acting in accordance with the consent in writing of the Minister to undertake the activity in that manner.
(3)The Minister must not give a consent under subregulation (2) unless there are reasonable grounds for believing that the way in which the activity is to be carried out will not result in the occurrence of any significant new environmental impact or risk, or significant increase in any existing environmental impact or risk.
10Operations must not continue if new or increased environmental risk identified
(1)A titleholder must not undertake an activity after the occurrence of any significant new environmental impact or risk, or any significant increase in an existing environmental impact or risk, arising from the activity if the environment plan in force for the activity does not provide for—
(a)the new impact or risk; or
(b)the increase in the impact or risk.
Penalty:In the case of a body corporate, 400 penalty units;
In the case of a natural person, 80 penalty units.
(3)Subregulation (1) does not apply to the titleholder in relation to an activity if the titleholder submits a proposed variation of the environment plan in accordance with regulation 20 and the Minister has not refused to accept the variation.
Division 2—Acceptance of an environment plan
11Submission of an environment plan
(1)Before commencing an activity, a titleholder must submit an environment plan for the activity to the Minister.
(2)An applicant for a petroleum access authority, petroleum special prospecting authority, pipeline licence, greenhouse gas search authority or greenhouse gas special authority—
(a)may submit an environment plan for an activity under the authority or licence to the Minister; and
(b)is taken to be a titleholder for the purposes of this Division and Division 3.
12Form of environment plan
(1)An environment plan must be in writing.
(2)An environment plan may, if the Minister approves, relate to—
(a)one or more stages of an activity; or
(b)a specified activity in one or more identified locations specified in the plan; or
(c)more than one activity; or
(d)an activity or activities to be undertaken under 2 or more titles held by different titleholders.
13Publication of information about environment plan
If an environment plan is submitted to the Minister, the Minister must, as soon as practicable, publicly disclose—
(a)the name of the titleholder; and
(b)a description of the activity or stage of the activity to which the environment plan relates; and
(c)the location of the activity; and
(d)details of the titleholder's nominated liaison person for the activity; and
(e)the decision (if any) made by the Minister in relation to the environment plan.
13AWithdrawal of submitted environment plan
(1)A titleholder may, by notice in writing to the Minister, withdraw a submitted environment plan at any time before the Minister has made a decision to accept or refuse to accept the plan.
(2)If an environment plan is withdrawn, the Minister must publicly disclose the withdrawal.
13BFurther information
(1)If a titleholder submits an environment plan, the Minister may request the titleholder to provide further written information about any matter required by these Regulations to be included in an environment plan.
(2)The request under subregulation (1) must—
(a)be in writing; and
(b)set out each matter for which information is requested; and
(c)specify a reasonable period within which the information is to be provided.
(3)If a titleholder receives a request, and provides information requested by the Minister within the period specified or within a longer period agreed to by the Minister—
(a)the information becomes part of the environment plan; and
(b)the Minister must have regard to the information as if it had been included in the submitted environment plan.
13CMaking decision on submitted environment plan
(1)Within 30 days after a titleholder submits an environment plan—
(a)if the Minister is reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must accept the plan; or
(b)if the Minister is not reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must give the titleholder notice in writing under subregulation (2); or
(c)if the Minister is unable to make a decision on the environment plan within the 30 day period, the Minister must give the titleholder notice in writing and set out a proposed timetable for consideration of the plan.
(2)A notice to a titleholder under this regulation must—
(a)state that the Minister is not reasonably satisfied that the environment plan submitted by the titleholder meets the criteria set out in regulation 13D; and
(b)identify the criteria set out in regulation 13D about which the Minister is not reasonably satisfied; and
(c)set a date by which the titleholder may resubmit the plan.
(3)The date referred to in subregulation (2)(c) must give the titleholder a reasonable opportunity to modify and resubmit the plan.
(4)Within 30 days after the titleholder has resubmitted the modified plan—
(a)if the Minister is reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must accept the plan; or
(b)if the Minister is still not reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must—
(i)give the titleholder a further notice under subregulation (2); or
(ii)refuse to accept the plan; or
(iii)act under subregulation (6); or
(c)if the Minister is unable to make a decision on the environment plan within the 30 day period, the Minister must give the titleholder notice in writing and set out a proposed timetable for consideration of the plan.
(5)If the titleholder does not resubmit the plan by the date referred to in subregulation (2)(c), or a later date agreed to by the Minister, the Minister must—
(a)refuse to accept the plan; or
(b)act under subregulation (6).
(6)For the purposes of subregulation (4)(b)(iii) and (5)(b), the Minister may do either or both of the following—
(a)accept the plan in part for a particular stage of the activity;
(b)accept the plan subject to limitations or conditions applying to operations for the activity.
(7)A decision by the Minister to accept, or refuse to accept, an environment plan is not invalid only because the Minister did not comply with the 30 day period in subregulation (1) or (4).
13DCriteria for acceptance of environment plan
The criteria for acceptance of an environment plan under regulation 13C are that the plan—
(a)is appropriate for the nature and scale of the activity; and
(b)demonstrates that the environmental impacts and risks of the activity will be reduced to as low as reasonably practicable; and
(c)demonstrates that the environmental impacts and risks of the activity will be of an acceptable level; and
(d)provides for appropriate environmental performance outcomes, environmental performance standards and measurement criteria; and
(e)includes an appropriate implementation strategy and monitoring, recording and reporting arrangements; and
(f)demonstrates that—
(i)the titleholder has carried out the consultation required by regulation 13F; and
(ii)the measures (if any) that the titleholder has adopted, or proposes to adopt, because of the consultation are appropriate; and
(g)complies with the Act and these Regulations.
13ENotice of decision on environment plan and submission of summary
(1)The Minister must give the titleholder notice in writing of a decision by the Minister to—
(a)accept the environment plan; or
(b)refuse to accept the plan; or
(c)accept the plan in part for a particular stage of the activity, or subject to limitations or conditions.
(2)A notice of a decision mentioned in subregulation (1)(b) or (c) must set out—
(a)the terms of the decision and the reasons for it; and
(b)any limitations or conditions that are to apply to operations for the activity.
(3)Within 10 days after receiving notice that the Minister has accepted an environment plan (whether in full, in part or subject to limitations or conditions), the titleholder must submit a summary of the accepted plan to the Minister for public disclosure.
(4)The summary—
(a)must include the following material from the environment plan—
(i)the location of the activity;
(ii)a description of the receiving environment;
(iii)a description of the activity;
(iv)details of environmental impacts and risks;
(v)a summary of the control measures for the activity;
(vi)a summary of the arrangements for ongoing monitoring of the titleholder's environmental performance;
(vii)a summary of environmental emergency response arrangements;
(viii)details of consultation already undertaken, and plans for ongoing consultation;
(ix)details of the titleholder's nominated liaison person for the activity; and
(b)must be to the satisfaction of the Minister.
13FConsultation with relevant authorities, persons and organisations, etc.
(1)In the course of preparing an environment plan, or a variation of an environment plan, a titleholder must consult each of the following—
(a)any authority or entity of the State to which the activities to be carried out under the environment plan, or the variation of the environment plan, may be relevant;
(b)a person or organisation whose functions, interests or activities may be affected by the activities to be carried out under the environment plan, or the variation of the environment plan;
(c)any other person or organisation that the titleholder considers relevant.
(2)For the purpose of the consultation, the titleholder must give each of those consulted sufficient information to allow them to make an informed assessment of the possible consequences of the activity on their functions, interests or activities.
(3)The titleholder must allow a reasonable period for the consultation.
Division 3—Contents of an environment plan
14Contents of an environment plan
An environment plan for an activity must include the matters set out in regulations 15, 16, 17, 18 and 19.
15Environmental assessment
(1)The environment plan must contain a comprehensive description of the activity including the following—
(a)the location or locations of the activity;
(b)general details of the construction and layout of any facility or other structure;
(c)an outline of the operational details of the activity (for example, seismic surveys, exploration drilling or production) and proposed timetables;
(d)any additional information relevant to consideration of environmental impacts and risks of the activity.
(2)The environment plan must—
(a)describe the environment that may be affected by the activity; and
(b)include details of the particular relevant values and sensitivities (if any) of that environment.
(3)The environment plan must—
(a)describe the requirements, including legislative requirements, that apply to the activity and are relevant to the environmental management of the activity; and
(b)demonstrate how those requirements will be met; and
(c)include details of the environmental impacts and risks for the activity; and
(d)include an evaluation of all the impacts and risks appropriate to the nature and scale of each impact or risk; and
(e)specify details of the control measures that will be used to reduce the impacts and risks of the activity to as low as reasonably practicable and an acceptable level.
(4)To avoid doubt, the evaluation mentioned in subregulation (3)(d) must evaluate all the significant impacts and risks arising directly or indirectly from—
(a)all operations of the activity; and
(b)potential emergency conditions, whether resulting from accident or any other reason.
(5)The environment plan must—
(a)set environmental performance standards for the control measures identified under subregulation (3)(e); and
(b)set out the environmental performance outcomes against which the performance of the titleholder in protecting the environment is to be measured; and
(c)include measurement criteria that the titleholder will use to determine whether each environmental performance outcome and environmental performance standard is being met.
16Implementation strategy for the environment plan
(1)The environment plan must contain an implementation strategy for the activity in accordance with this regulation.
(2)The implementation strategy must—
(a)state when the titleholder will report to the Minister in relation to the titleholder's environmental performance for the activity; and
(b)provide that the interval between reports will not be more than one year.
Note
Regulation 31A requires a titleholder to report on environmental performance in accordance with the timetable set out in the environment plan.
(3)The implementation strategy must contain a description of the environmental management system for the activity, including specific measures to be used to ensure that, for the duration of the activity—
(a)the environmental impacts and risks of the activity continue to be identified and reduced to a level that is as low as reasonably practicable; and
(b)control measures detailed in the environment plan are effective in reducing the environmental impacts and risks of the activity to as low as reasonably practicable and an acceptable level; and
(c)environmental performance outcomes and standards set out in the environment plan are being met.
(4)The implementation strategy must establish a clear chain of command, setting out the roles and responsibilities of personnel in relation to the implementation, management and review of the environment plan, including during emergencies or potential emergencies.
(5)The implementation strategy must include measures to ensure that each employee or contractor working on, or in connection with, the activity is aware of their responsibilities in relation to the environment plan, including during emergencies or potential emergencies, and has the appropriate competencies and training.
(6)The implementation strategy must provide for sufficient monitoring, recording, audit, management of non-conformance and review of the titleholder's environmental performance and the implementation strategy to ensure that the environmental performance outcomes and standards in the environment plan are being met.
(7)The implementation strategy must provide for sufficient monitoring of, and maintaining a quantitative record of, emissions and discharges (whether occurring during normal operations or otherwise), such that the record can be used to assess whether the environmental performance outcomes and standards in the environment plan are being met.
(8)The implementation strategy must provide for appropriate ongoing consultation with—
(a)relevant authorities or entities of the State; and
(b)other relevant interested persons or organisations.
(9)The implementation strategy must comply with the Act, these Regulations and any other environmental legislation applying to the activity.
17Environmental emergency response manual
(1)The implementation strategy mentioned in regulation 16 must include the maintenance of an environmental emergency response manual in accordance with this regulation.
(2)The environmental emergency response manual must—
(a)be kept up to date; and
(b)include emergency response arrangements.
(3)The response arrangements in the environmental emergency response manual must be tested—
(a)when they are introduced; and
(b)when they are significantly amended; and
(c)not later than 12 months after the most recent test; and
(d)for a new location for the activity that is added to the environment plan after the response arrangements have been tested and before the next test is conducted—when the location is added to the plan; and
(e)for a facility or other structure that becomes operational after the response arrangements have been tested and before the next test is conducted—when the facility or structure becomes operational.
18Details of titleholder and liaison person
(1)The environment plan must include the following details of the titleholder—
(a)name;
(b)business address;
(c)telephone number (if any);
(d)fax number (if any);
(e)email address (if any);
(f)if the titleholder is a body corporate that has an ACN (within the meaning of the Corporations Act)—ACN.
(2)The environment plan must also include the following details of the titleholder's nominated liaison person—
(a)name;
(b)business address;
(c)telephone number (if any);
(d)fax number (if any);
(e)email address (if any).
(3)The environment plan must include arrangements for notifying the Minister of a change in the titleholder's nominated liaison person or a change in the contact details for either the titleholder or the liaison person.
19Other information in the environment plan
The environment plan must contain the following—
(a)a statement of the titleholder's corporate environmental policy;
(b)a report on all consultations between the titleholder and relevant authorities, interested persons and organisations in the course of developing the environment plan;
(c)details of all reportable incidents in relation to the proposed activity.
Division 4—Variation of an environment plan
20Variation because of a change, or proposed change, of circumstances or operations
(1)A titleholder may, with the Minister's approval, submit to the Minister a proposed variation of an environment plan before the commencement of a new activity.
(2)A titleholder must submit to the Minister a proposed variation of the environment plan for an activity before the commencement of any significant modification or new stage of the activity that is not provided for in the environment plan as currently in force.
(3)A titleholder must submit a proposed variation of the environment plan for an activity before, or as soon as practicable after—
(a)the occurrence of any significant new environmental impact or risk, or significant increase in an existing environmental impact or risk, not provided for in the environment plan in force for the activity; or
(b)the occurrence of a series of new environmental impacts or risks, or a series of increases in existing environmental impacts or risks, which, taken together, amount to the occurrence of—
(i)a significant new environmental impact or risk; or
(ii)a significant increase in an existing environmental impact or risk—
that is not provided for in the environment plan in force for the activity.
(4)If a change in the titleholder will result in a change in the manner in which the environmental impacts and risks of an activity are managed, the new titleholder must submit a proposed variation of the environment plan for the activity as soon as practicable.
21Variation on request by the Minister
(1)A titleholder must submit to the Minister a proposed variation of the environment plan for an activity if the Minister requests the titleholder to do so.
(2)A request by the Minister must be in writing and set out the following—
(a)the matters to be addressed by the variation;
(b)the proposed date of effect of the variation;
(c)the grounds for the request.
(3)The titleholder may make a submission in writing to the Minister stating the titleholder's reasons for one or more of the following matters—
(a)why the variation should not occur;
(b)why the variation should be in different terms from the terms of the proposed variation;
(c)why the variation should take effect on a date later than the proposed date.
(4)A submission by the titleholder must be made within 21 days after receiving the request, or within any longer period that the Minister in writing allows.
(5)If the Minister agrees, the titleholder may submit a proposed variation in the form of a variation of a part of the accepted environment plan in force for the activity.
(6)If a submission complies with subregulations (3), (4) and (5), the Minister must—
(a)decide whether to accept one or more of the reasons stated in the submission; and
(b)give the titleholder notice in writing of the decision; and
(c)to the extent (if any) that the Minister accepts the reasons, give the titleholder notice in writing that varies or withdraws the request in accordance with the decision; and
(d)to the extent (if any) that the Minister does not accept the reasons, give the titleholder notice in writing of the grounds for not accepting them.
(7)A titleholder must comply with a request made by the Minister under this regulation and not withdrawn, or with a request as varied under this regulation, as soon as practicable.
22Variation at the end of each 5 years
(1)A titleholder must submit to the Minister a proposed variation of the environment plan for an activity at least 14 days before the end of each period of 5 years, commencing on the latest of the following—
(a)the day on which the environment plan is first accepted under regulation 13C by the Minister;
(b)the day on which a varied environment plan submitted under this regulation is accepted under regulation 13C by the Minister;
(c)in relation to a variation of an environment plan submitted under regulation 20 or 21, the day (if any) notified by the Minister under subregulation (2).
(2)For the purposes of subregulation (1)(c), the Minister may notify the titleholder that the effect of a variation of an environment plan submitted under regulation 20 or 21 is that the period of 5 years mentioned in subregulation (1) starts on the date specified in the notification.
23Form of proposed variation
A proposed variation of an environment plan must be in the form of a varied environment plan or, if the titleholder and the Minister so agree, a varied part of the environment plan.
23APublication of information about proposed variation
If a proposed variation of an environment plan is submitted to the Minister, the Minister must, as soon as practicable, publicly disclose—
(a)the name of the titleholder; and
(b)a description of the activity or stage of the activity to which the revised environment plan or revised part relates; and
(c)the reason for the variation; and
(d)the location of the activity; and
(e)details of the titleholder's nominated liaison person for the activity; and
(f)the decision (if any) made by the Minister in relation to the revised environment plan or revised part.
24Acceptance of a varied environment plan
Regulations 12, 13C, 13D and 13E apply to a proposed variation of an environment plan as if—
(a)a reference in those regulations to the submission, acceptance or non-acceptance of the environment plan were a reference to the submission, acceptance or non‑acceptance of the proposed variation; and
(b)any other reference in those regulations to the environment plan were a reference to the plan as varied by the proposed variation.
Note
These regulations deal with the consideration and acceptance of an environment plan.
25Effect of non-acceptance of proposed variation
If a proposed variation of an environment plan is not accepted, the provisions of the environment plan in force for the activity existing immediately before the proposed variation was submitted remain in force, subject to the Act and this Chapter (in particular, the provisions of Division 5), as if the variation had not been proposed.
Division 5—Withdrawal of acceptance of an environment plan
26Withdrawal of acceptance of environment plan
(1)The Minister, by notice in writing to the titleholder for an activity, may withdraw the acceptance of the environment plan in force for the activity on any ground set out in subregulation (2).
(2)For the purposes of subregulation (1), the grounds are that—
(a)the titleholder has not complied with—
(i)a provision of the Act relating to environmental requirements; or
(ii)a direction given by the Minister under section 623 of the Act; or
(b)the titleholder has not complied with regulation 9, 10, 20, 21 or 22; or
(c)the Minister has refused to accept a proposed variation of the environment plan; or
(d)the Minister is not reasonably satisfied, after 2 or more requests for modification of a report on environmental performance under regulation 31A, that the titleholder has given the Minister sufficient information to enable the Minister to determine whether the environmental performance outcomes and standards in the environment plan have been met.
(3)A notice under subregulation (1) must set out the reasons for the decision.
27Steps to be taken before withdrawal of acceptance
(1)Before withdrawing the acceptance of an environment plan in force for an activity the Minister must comply with subregulations (2), (4) and (5).
(2)The Minister must give the titleholder at least 30 days notice in writing of the Minister's intention to withdraw acceptance of the plan.
(3)The Minister may give a copy of the notice to such other persons (if any) as the Minister thinks fit.
(4)The Minister must specify in the notice a date (the specified date) on or before which the titleholder (or any other person to whom a copy of the notice has been given) may submit to the Minister, in writing, any matters for the Minister to take into account.
(5)The Minister must take into account—
(a)any action taken by the titleholder to remove the ground for withdrawal of acceptance, or to prevent the recurrence of that ground; and
(b)any matter submitted to the Minister before the specified date by the titleholder or a person to whom a copy of the notice has been given.
28Withdrawal of acceptance not affected by other provisions
(1)The Minister may withdraw the acceptance of an environment plan in force for an activity on the ground that the titleholder has not complied with a provision of the Act, or of a regulation mentioned in regulation 26(2)(b), even though the titleholder has been convicted of an offence by reason of the failure to comply with that provision.
(2)If the Minister withdraws the acceptance of an environment plan on the ground that the titleholder has not complied with a provision of the Act, or of a regulation mentioned in regulation 26(2)(b), the titleholder may be convicted of an offence by reason of the failure to comply with the provision even though the acceptance of the environment plan has been withdrawn.
28AEnvironment plan ends when titleholder notifies completion
The operation of an environment plan ends when—
(a)the titleholder notifies the Minister that—
(i)the activity or activities to which the plan relates have ended; and
(ii)all of the obligations under the environment plan have been completed; and
(b)the Minister accepts the notification.
PART 2.3—INCIDENTS, REPORTS AND RECORDS
29Notifying reportable incidents
(1)A titleholder who undertakes an activity must, if there is a reportable incident, notify the reportable incident in accordance with subregulation (3).
Penalty:In the case of a body corporate, 200 penalty units;
In the case of a natural person, 40 penalty units.
(2)Subregulation (1) does not apply if the titleholder has a reasonable excuse.
(3)A notification under subregulation (1)—
(a)must be given to the Minister; and
(b)must be given as soon as practicable, and in any case not later than 2 hours after—
(i)the first occurrence of the reportable incident; or
(ii)if the reportable incident was not detected by the titleholder at the time of the first occurrence—the time the titleholder becomes aware of the reportable incident; and
(c)must be oral; and
(d)must contain—
(i)all material facts and circumstances concerning the reportable incident that the titleholder knows or is able, by reasonable search or enquiry, to find out; and
(ii)any action taken to avoid or mitigate any adverse environment impacts of the reportable incident; and
(iii)the corrective action that has been taken, or is proposed to be taken, to stop, control or remedy the reportable incident.
(4)As soon as practicable after the titleholder notifies a reportable incident, the titleholder must give a written record of the notification to the Minister.
(5)The titleholder is not required to include in the record anything that was not included in the notification.
30Written report of reportable incidents
(1)A titleholder who undertakes an activity must, if there is a reportable incident, submit a written report of the reportable incident in accordance with subregulation (3).
Penalty:In the case of a body corporate, 200 penalty units;
In the case of a natural person, 40 penalty units.
(2)Subregulation (1) does not apply if the titleholder has a reasonable excuse.
(3)A written report under subregulation (1)—
(a)must be given to the Minister; and
(b)must be given as soon as practicable, and in any case—
(i)not later than 3 days after the first occurrence of the reportable incident; or
(ii)if the Minister specifies, within 3 days after the first occurrence of the reportable incident, another period within which the report must be provided—within that period; and
(c)must contain—
(i)all material facts and circumstances concerning the reportable incident that the titleholder knows or is able, by reasonable search or enquiry, to find out; and
(ii)any action taken to avoid or mitigate any adverse environment impacts of the reportable incident; and
(iii)the corrective action that has been taken, or is proposed to be taken, to stop, control or remedy the reportable incident; and
(iv)the action that has been taken, or is proposed to be taken, to prevent a similar incident occurring in the future.
30AAdditional written reports if requested
(1)This regulation applies if a titleholder notifies a reportable incident in accordance with regulation 29.
(2)The Minister may, by notice in writing, require the titleholder to submit one or more written reports of the reportable incident after the written report required under regulation 30.
(3)The notice must—
(a)identify the information to be contained in a report or the matters to be addressed; and
(b)specify when the report must be given to the Minister.
(4)The date or time specified for giving the report must give the titleholder a reasonable time for preparing the report.
(5)A titleholder must submit a written report of a reportable incident in accordance with a notice given by the Minister to the titleholder under this regulation.
Penalty:In the case of a body corporate, 200 penalty units;
In the case of a natural person, 40 penalty units.
(6)Subregulation (5) does not apply if the titleholder has a reasonable excuse.
31Reporting recordable incidents
(1)A titleholder who undertakes an activity must, if there is a recordable incident, submit a written report of the recordable incident in accordance with this regulation.
Penalty:In the case of a body corporate, 200 penalty units;
In the case of a natural person, 40 penalty units.
(2)Subregulation (1) does not apply if the titleholder has a reasonable excuse.
(3)A written report under subregulation (1)—
(a)must be given to the Minister; and
(b)must relate to a calendar month; and
(c)must be given as soon as practicable after the end of the calendar month, and in any case not later than 15 days after the end of the calendar month; and
(d)must contain—
(i)a record of all recordable incidents that occurred during the calendar month; and
(ii)all material facts and circumstances concerning the recordable incidents that the titleholder knows or is able, by reasonable search or enquiry, to find out; and
(iii)any action taken to avoid or mitigate any adverse environment impacts of the recordable incidents; and
(iv)the corrective action that has been taken, or is proposed to be taken, to stop, control or remedy the recordable incident; and
(v)the action that has been taken, or is proposed to be taken, to prevent a similar incident occurring in the future.
31AReporting environmental performance
(1)A titleholder undertaking an activity must submit a report to the Minister in relation to the titleholder's environmental performance for the activity, at the intervals provided for in the environment plan.
Note
Regulation 16(2) requires an environment plan to state when the titleholder will submit reports.
(2)If the Minister is not reasonably satisfied that a report is sufficient to enable the Minister to determine whether the environmental performance outcomes and standards in the environment plan have been met, the Minister may ask the titleholder to modify the report.
(3)The request must—
(a)be in writing; and
(b)identify the reasons why the Minister is not reasonably satisfied with the report.
Note
If the Minister is still not reasonably satisfied after 2 or more requests for a modified report, this is a ground for the Minister to withdraw acceptance of the environment plan—see regulation 26(2)(d).
32Storage of records
(1)A titleholder must store the environment plan in force for an activity in a way that makes retrieval of the environment plan reasonably practicable.
Penalty:In the case of a body corporate, 150 penalty units;
In the case of a natural person, 30 penalty units.
(2)A titleholder must store a version of an environment plan for an activity that was previously in force in a way that makes retrieval of the version reasonably practicable.
Penalty:In the case of a body corporate, 150 penalty units;
In the case of a natural person, 30 penalty units.
(3)Subregulation (2) does not apply if it is more than 5 years after the day on which the version of the environment plan ceased to be in force (whether because the plan was revised, acceptance of the plan was withdrawn, or the operation of the plan ended).
(4)A titleholder who creates a document or other record specified in subregulation (6) must store the document or record in a way that makes retrieval of the document or record reasonably practicable.
Penalty:In the case of a body corporate, 150 penalty units;
In the case of a natural person, 30 penalty units.
(5)Subregulation (4) does not apply if it is more than 5 years after the day on which the document or record was created.
(6)For the purpose of subregulation (4), the documents or other records are—
(a)written reports (including monitoring, audit and review reports) about environmental performance, or about the implementation strategy, under an environment plan; and
(b)records relating to environmental performance, or the implementation strategy, under an environment plan; and
(c)records of emissions and discharges into the environment made in accordance with an environment plan; and
(d)records of calibration and maintenance of monitoring devices used in accordance with an environment plan; and
(e)records and copies of notifications or reports mentioned in—
(i)regulations 29, 30 and 30A, relating to reportable incidents; and
(ii)regulation 31, relating to recordable incidents; and
(iii)regulation 31A, relating to the titleholder's environmental performance for an activity.
33Making records available
(1)A titleholder must make available, in accordance with this regulation, copies of the records specified in regulation 32.
Penalty:In the case of a body corporate, 150 penalty units;
In the case of a natural person, 30 penalty units.
(2)The titleholder must make copies of the records available to any of the following persons, on request in writing by the person—
(a)the Minister;
(b)a delegate, under section 792 of the Act, of the Minister;
(c)a greenhouse gas project inspector or a petroleum project inspector.
(3)If the person making the request states that copies of the records be made available to an agent of the person, the titleholder must make the copies available to the agent.
(4)However, if the titleholder—
(a)requests a person who is a delegate of the Minister to produce written evidence of the delegation; or
(b)requests a person who is a greenhouse gas project inspector or a petroleum project inspector to produce written evidence of the person's appointment as a greenhouse gas project inspector or a petroleum project inspector; or
(c)requests a person who is an agent to produce written evidence of the person's appointment as an agent—
the titleholder is not required to make the records available unless the person produces the evidence to the titleholder.
(5)The copies of the records must be made available—
(a)in the case of an emergency relating to the activity—as soon as possible at any time of the day or night on any day during an emergency; or
(b)in any other case—during normal business hours on any day at the place where the records are kept, other than a Saturday, a Sunday, or a public holiday appointed under the Public Holidays Act 1993.
(6)The copies of the records must be made available at the place where the records are kept or, if agreed between the titleholder and the person making the request (or the person's agent), at any other place (including by means of electronic transmission to the person or agent at that place).
(7)If the records are stored on a computer, the records must be made available in printout form or, if the titleholder and the Minister so agree, in electronic form.
PART 2.4—MISCELLANEOUS
34Notifying start and end of activity
(1)A titleholder must notify the Minister that an activity is to commence at least 10 days before the activity commences.
(2)A titleholder must notify the Minister that an activity is completed within 10 days after the completion.
Penalty:In the case of a body corporate, 150 penalty units;
In the case of a natural person, 30 penalty units.
35Titleholder may refer to information previously given
(1)A titleholder who, under these Regulations, is required to give the Minister information, or include information in a document, may refer to the information instead of giving it to the Minister or including it in the document if the information to be given or included is the same information given previously to the Minister for another purpose under the Act or the Regulations.
(2)Subregulation (1) does not apply if the Minister advises the titleholder that the information is no longer available to the Minister.
(3)If the Minister has power to assess whether information is sufficient or adequate for a purpose, the Minister is not required to accept that information is sufficient or adequate for a purpose different from the one for which it was originally given.
CHAPTER 3—SAFETY
PART 3.1—PRELIMINARY
40Objects of this Chapter
(1)An object of this Chapter is to ensure that facilities are designed, constructed, installed, operated, modified and decommissioned in the offshore area only in accordance with safety cases that have been accepted by NOPSEMA.
(2)An object of this Chapter is to ensure that safety cases for facilities make provision for the following matters in relation to the health and safety of persons at or near the facilities—
(a)the identification of hazards and the assessment of risks;
(b)the implementation of measures to eliminate the hazards, or otherwise control the risks;
(c)a comprehensive and integrated system for management of the hazards and risks;
(d)monitoring, audit, review and continuous improvement.
(3)An object of this Chapter is to ensure that the risks to the health and safety of persons at facilities are reduced to a level that is as low as reasonably practicable.
(4)An object of this Chapter is to ensure that diving to which the Act relates is carried out in the offshore area only in accordance with diving safety management systems that have been accepted by NOPSEMA.
(5)An object of this Chapter is to ensure that diving safety management systems make provision for the following matters in relation to the health and safety of persons—
(a)the identification of hazards and assessment of risks;
(b)the implementation of measures to eliminate the hazards, or otherwise control the risks;
(c)a comprehensive and integrated system for management of the hazards and risks;
(d)monitoring, audit, review and continuous improvement.
(6)An object of this Chapter is to ensure that the risks to the health and safety of persons who carry out diving to which the Act relates are reduced to a level that is as low as reasonably practicable.
41Definitions
In this Chapter—
accepted DSMS means a DSMS that has been accepted by NOPSEMA under regulation 132 or 133;
ADAS means the Australian Diver Accreditation Scheme administered by the Board of the Australian Diver Accreditation Scheme;
3An explanation of the three-dimensional extent of the effective sealing mechanism within the spatial extent of the storage formation.
SCHEDULE 5—INFORMATION THAT MUST BE SET OUT IN PART B OF SITE PLAN
Regulation 168(4)
Part 1—Information about
project planning and management
1Sufficient information to satisfy the Minister that—
(a)adequate planning has taken place in relation to the operations; and
(b)the greenhouse gas injection licensee has access to sufficient resources to manage the financial and technical aspects of the project; and
(c)the greenhouse gas injection licensee intends to deploy those resources to manage the financial and technical aspects of the project.
2Details of—
(a)any joint venture arrangements between the applicants for the greenhouse gas injection licence; and
(b)any operator that has been appointed to represent the titleholders in relation to the proposed injection licence; and
(c)any commercial agreements or negotiations undertaken with suppliers of greenhouse gas substances for injection.
Note
Information marked as commercial-in-confidence will not be made available publicly.
3The name of the person who is to be the single point of contact on matters relating to the project, and—
(a)clear chains of command; and
(b)the person's contact details.
Note
There may be different chains of command for different elements of the project.
Part 2—Information about
overview of operations
1A description of the facilities.
2A description of the proposed rates of injection.
3A description of the injection pressures.
4A description of the number and location of injection wells.
5The source, composition and other relevant physical and chemical properties of each greenhouse gas substance proposed for storage.
6A project schedule.
7An explanation of the indicative timing proposed for each major milestone of the operations.
8Information about significant works and upgrades that are planned over the life of the operations.
Part 3—Information about
storage formation integrity
1The information relating to integrity of the storage formation that was included in the application for the declaration of the part of the geological formation as an identified greenhouse gas storage formation.
Part 4—Information about
plume migration modelling
1The information relating to plume migration that was included in the application for the declaration of the part of the geological formation as an identified greenhouse gas storage formation.
Part 5—Information about
predictions relating to the behaviour
of each greenhouse gas substance
1Sufficient information to satisfy the Minister that the predictions presented in Part A of the site plan are soundly based.
2Information demonstrating that the information in item 1 of this Part has been prepared having regard to all identified behaviours of each greenhouse gas substance that is, or is to be, stored in the greenhouse gas storage formation, whether or not the behaviour has been identified in Part A.
3An undertaking to provide revised predictions at times approved by the Minister.
Part 6—Information about
risk assessment, analysis and control
and remediation strategies
1The information relating to—
(a)risk assessments; and
(b)analysis and control relating to the containment of the greenhouse gas substance that is, or is to be, stored in the greenhouse gas storage formation; and
(c)remediation strategies relating to the containment of the greenhouse gas substance that is, or is to be, stored in the greenhouse gas storage formation—
that was included in the application for the declaration of the part of the geological formation as an identified greenhouse gas storage formation.
2Sufficient information about any identified risk factors that were not included in the application for the declaration of the part of the geological formation as an identified greenhouse gas storage formation to satisfy the Minister that residual risks, after taking into account proposed risk control and remediation strategies have been taken into account, are acceptable.
Examples
Leakages from well bores, leakages during transport and injection, any abandoned wells that could adversely affect the storage formation.
3Details of the risk assessment analysis used by the applicant to identify the risk factors, including, for each risk factor—
(a)a description of the risk factor; and
(b)the possible consequences of each risk factor; and
(c)an assessment of the probabilities of occurrence and possible consequences; and
(d)an explanation of how the risk factor has been eliminated or reduced to as low as practicable.
4A description of any emergency response plan that may be needed, additional to the emergency response plans included in the safety case or the environment plan, including details of any strategies to be adopted and action to be taken under that plan.
Part 7—Information about
monitoring behaviour of the
stored greenhouse gas substance in the storage formation
1A plan for monitoring the behaviour of the greenhouse gas substance in the reservoir that is sufficient to satisfy the Minister that—
(a)significant events in the reservoir will be detected in a timely fashion to enable any necessary mitigation and remediation activities to be initiated; and
(b)the timing and nature of the monitoring will detect any variations from the predictions included in Part A of the site plan.
2Details of—
(a)any substance that is proposed to be used as a tracer for addition to the greenhouse gas substance; and
(b)the concentration of the substance as used with the greenhouse gas substance.
3A description of the threshold events which will be treated as reportable incidents in relation to the behaviour of the greenhouse gas substance in the storage formation, being—
(a)departures from the predicted plume migration path or paths; or
(b)migration rates; or
(c)any other event that may be relevant.
4A suitable plan for monitoring and detecting the leakage of the stored greenhouse gas substance to the seabed.
Part 8—Information about
monitoring greenhouse gas substance losses from transport and injection activities
1A suitable program for monitoring and detecting any leakages as a result of transportation or an injection activity.
2An undertaking that a report of the results of monitoring, and any raw data collected during monitoring, will be provided to the Minister as soon as practicable after the completion of the monitoring.
Part 9—Information about
monitoring greenhouse as
substance losses from well bore
1A suitable program for monitoring and detecting leakages from any well bore that forms part of the operations.
2An undertaking that a report of the results of monitoring, and any raw data collected during monitoring, will be provided to the Minister as soon as practicable after the completion of the monitoring.
Part 10—Information about
monitoring effects on petroleum industry
1A description of the potential effect of the operations on the petroleum industry.
2A summary of the contents of any designated agreement between the applicant and a petroleum titleholder.
Part 11—Information about
effect on other resources
1A description of the potential effect of the operations on—
(a)resources other than petroleum; and
(b)the rights and interests of other users of the sea—
including a description of any effect that could arise from injection and storage operations the applicant intends to undertake in the injection licence area and a suitable plan for reducing the potential effect of the operations to an acceptable level.
Part 12—Information about
site closure
1A suitable plan for carrying out any work that is required to remediate the storage formation, including—
(a)plugging of wells; or
(b)stabilising the subsurface; or
(c)remediating any abandoned wells or other features that could pose a risk of leakage of the greenhouse gas substance after a closing certificate has been issued.
2A suitable plan for monitoring activities that are to be undertaken after injection ceases.
Part 13—Information about
consultation
1A description of—
(a)any consultations that have taken place with stakeholders, including other users of the sea that might be affected by the proposed operations; and
(b)the outcomes of the consultations.
2A suitable strategy for consultation with stakeholders to establish mechanisms for interaction with stakeholders over the life of the operations.
SCHEDULE 6—INFORMATION THAT MUST BE SET OUT IN SUMMARY OF SITE PLAN
Regulation 169(1)
1A short description of—
(a)the project; and
(b)the size of its footprint; and
(c)the schedule for carrying on the project.
2The project's location, including—
(a)the latitude and longitude; and
(b)the distance of the location from the nearest point of the Australian mainland; and
(c)the distance of the location from the nearest Australian town and the nearest Australian capital city.
3A description of the title.
4The name of each current titleholder.
5For the project—
(a)its storage capacity; and
(b)the proposed injection amount and the period of injection for each greenhouse gas substance to be injected; and
(c)the number and location of the proposed injection wells.
6Details of the proposed monitoring program that will verify plume behaviour.
SCHEDULE 7—INITIAL WELL COMPLETION DATA
Regulations 266 and 302
| Item | Type of data | Standard media | Standard formats |
| 1 | Raw data, edited field data and processed data for all wireline logs, MWD or LWD tools | CD-ROM, DVD or portable hard drive | LIS, DLIS or LAS |
| 2 | Log displays | CD-ROM, DVD or portable hard drive | PDS, META, PDF or TIF |
| 3 | Edited field data and processed data for borehole deviation surveys | CD-ROM, DVD or portable hard drive | LIS, DLIS, ASCII, LAS or XLS |
| 4 | Mudlogging data | CD-ROM, DVD or portable hard drive | ASCII or LAS |
| 5 | Mudlog display | CD-ROM, DVD or portable hard drive | TIF or PDF |
| 6 | If generated, data from velocity surveys including— (a) raw data; and (b) processed data; and (c) checkshot and time/depth analysis | CD-ROM, DVD or portable hard drive | DLIS or SEG-Y for raw data and processed data DLIS, SEG-Y or ASCII for checkshot data |
| 7 | Velocity survey displays | CD-ROM, DVD or portable hard drive | TIF, JPEG, PDF or PDS |
| 8 | Photography of the core and sidewall core, in both natural and UV light | CD-ROM, DVD or portable hard drive | JPEG, PNG or TIF |
SCHEDULE 8—FINAL WELL COMPLETION DATA
Regulations 267 and 303
| Item | Type of data | Standard media | Standard formats |
| 1 | Interpretative log analysis | CD-ROM, DVD or portable hard drive | LIS, DLIS, ASCII, LAS or XLS |
| 2 | Composite well log | CD-ROM, DVD or portable hard drive | TIF, JPEG or PDF |
| 3 | Well index sheet | CD-ROM, DVD or portable hard drive | |
| 4 | Petrophysical, geochemical or other sample analyses | CD-ROM, DVD or portable hard drive | ASCII or XLS |
SCHEDULE 9—SURVEY ACQUISITION DATA
Regulations 269 and 305
Part 1—For seismic surveys
| Item | Type of data | Standard media | Standard formats |
| 1 | Raw navigation data | CD-ROM, DVD, portable hard drive or 3592 cartridge | UKOOA (P2/94 or later) |
| 2 | Seismic field data | 3592 cartridge | SEG Standard |
| 3 | Seismic support data | CD-ROM, DVD or portable hard drive | |
| 4 | Itemised field tape listing showing— (a) tape number; and (b) survey name; and (c) line number; and (d) shotpoint range; and (e) data type | CD-ROM, DVD or portable hard drive | ASCII |
Part 2—For other surveys
| Item | Type of data | Standard media | Standard formats |
| 1 | Field data | CD-ROM, DVD or portable hard drive | ASCII |
| 2 | Field support and navigation data | CD-ROM, DVD or portable hard drive | ASCII |
SCHEDULE 10—PROCESSED SURVEY DATA
Regulations 270 and 306
Part 1—For 2D seismic surveys
| Item | Type of data | Standard media | Standard formats |
| 1 | Raw and final stacked data, including near/mid/far sub‑stacks if generated | 3592 cartridge | SEG-Y |
| 2 | Raw and final migrated data, including— (a) pre-stack time migration (PSTM); and (b) pre‑stack depth migration (PSDM); and (c) near/mid/far sub‑stacks | 3592 cartridge | SEG-Y |
| 3 | Final processed navigation, elevation and bathymetry data | CD-ROM, DVD or portable hard drive | UKOOA (P1/90 or later) |
| 4 | Shotpoint to common depth point (CDP) relationship | CD-ROM, DVD or portable hard drive | ASCII |
| 5 | Data for both stacked and migrated velocities, including— (a) line number; and (b) shotpoint; and (c) time versus root mean square (RMS) pairs | CD-ROM, DVD or portable hard drive | ASCII |
| 6 | Itemised process tape listing showing— (a) tape number; and (b) survey name; and (c) line number; and (d) shotpoint range; and (e) common depth points (CDPs); and (f) data type | CD-ROM, DVD or portable hard drive | ASCII |
Part 2—For 3D seismic surveys
| Item | Type of data | Standard media | Standard formats |
| 1 | Raw and final stacked data, including near/mid/far sub‑stacks if generated | 3592 cartridge | SEG-Y |
| 2 | Raw and final migrated data, including— (a) pre-stack time migration (PSTM); and (b) pre‑stack depth migration (PSDM); and (c) near/mid/far sub‑stacks | 3592 cartridge | SEG-Y |
| 3 | Final processed navigation, elevation and bathymetry data | CD-ROM, DVD or portable hard drive | UKOOA (P1/90 or later) |
| 4 | Final navigation data in the form of— (a) final processed (grid) bin coordinates; and (b) polygonal position data (outline of the full fold area) | CD-ROM, DVD or portable hard drive | UKOOA (P6/98 or later) |
| 5 | Data for both stacked and migrated velocities, including— (a) bin number; and (b) time versus root mean square (RMS) pairs | CD-ROM, DVD or portable hard drive | ASCII |
| 6 | 2D data subset, if production is required as a condition of the grant of a title | 3592 cartridge | SEG-Y |
| 7 | Itemised process tape listing showing— (a) tape number; and (b) survey name; and (c) in-lines and crosslines; and (d) data type | CD-ROM, DVD or portable hard drive | ASCII |
Part 3—For other surveys
| Item | Type of data | Standard media | Standard formats |
| 1 | Final processed data | CD-ROM, DVD or portable hard drive | ASCII or ASEG‑GDF2 |
| 2 | Final processed images | CD-ROM, DVD or portable hard drive |
SCHEDULE 11—INTERPRETATIVE SURVEY DATA
Regulations 271 and 307
| Item | Type of data | Standard media | Standard formats |
| 1 | Digital images of interpretation maps | CD-ROM, DVD or portable hard drive | Georeferenced TIF or PDF |
SCHEDULE 12—TRANSFER OF TITLE
Regulation 329
State of Victoria
Transfer of title under Part 4.3 or Part 5.3 of the Offshore Petroleum and Greenhouse Gas Storage Act 2010 ("the Act")
*I/*We [name of transferor, or if there are 2 or more transferors, the name of each transferor]
being the registered *holder/*holders of [type (e.g. petroleum production licence, petroleum exploration permit) and number of the property transferred that is a title within the meaning of section 503 or 561 of the Act]
in consideration of [value of the consideration for the transfer or value of the title transferred]
*[If the transfer of the title is pursuant to a dealing which has been approved and registered under the Act, insert a reference that is sufficient to identify that dealing]
transfer all right, title and interest in that [type (e.g. petroleum production licence, petroleum exploration permit) and number of the property transferred that is a title within the meaning of section 503 or 561 of the Act]
to [name and address of transferee, or if there are 2 or more transferees, the name and address of each transferee]
IN WITNESS of this transfer, the parties to the transfer have affixed their respective common seals or signatures below on [date].
[Affix common seal of *transferor/*each transferor]
[Affix common seal of *transferee/*each transferee]
*Delete if inapplicable
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Offshore Petroleum and Greenhouse Gas Storage Regulations 2021, S.R. No. 155/2021 were made on 7 December 2021 by the Governor in Council under section 794 of the Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010 and came into operation on 12 December 2021: regulation 3.
The Offshore Petroleum and Greenhouse Gas Storage Regulations 2021 will sunset 10 years after the day of making on 7 December 2031 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Offshore Petroleum and Greenhouse Gas Storage Regulations 2021 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2024, S.R. No. 65/2024
Date of Making: 25.6.24 Date of Commencement: 1.7.24: reg. 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] Reg. 3A(a): S.R. No. 153/2011 as amended by S.R. Nos 133/2012, 160/2012 and 123/2016.
[2] Reg. 3A(b): S.R. No. 133/2012.
[3] Reg. 3A(c): S.R. No. 160/2012.
[4] Reg. 3A(d): S.R. No. 123/2016.
[4] Reg 354, def. of former Diving Safety Regulations: S.R. No. 175/2004 as amended by S.R. No. 80/2005. Impliedly revoked on 1 January 2012.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 155/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| Statutory Rule Provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 41, definition of Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment and regulation 99(4), definition of appropriate exposure standard | Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC:1003(1995)], published by the National Occupational Health and Safety Commission in 1995, as amended in April 1997 | The whole |
| Regulation 41, definition of Approved Criteria for Classifying Hazardous Substances and regulation 99(4), definition of hazardous substance, paragraph (b) | Approved Criteria for Classifying Hazardous Substances [NOHSC:1008(2004)], 3rd Edition, published by the National Occupational Health and Safety Commission in October 2004 | The whole |
| Regulation 41, definition of AS/NZS 2299.1:2015 and regulation 153(2)(a) and (d) | AS/NZS 2299.1:2015, Occupational diving operations, Part 1: Standard operational practice, published jointly by Standards Australia and Standards New Zealand on 21 December 2015, as amended from time to time | The whole |
| Statutory Rule Provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 41, definition of List of Designated Hazardous Substances and regulation 99(4), definition of hazardous substance, paragraph (a) | List of Designated Hazardous Substances [NOHSC:10005(1999)], 2nd edition, published by the National Occupational Health and Safety Commission in April 1999 | The whole |
| Regulation 41, definition of National Code of Practice for Noise Management and Protection of Hearing at Work and regulation 100(3)(a) | National Code of Practice for Noise Management and Protection of Hearing at Work [NOHSC: 2009(2004)], 3rd Edition, published by the National Occupational Health and Safety Commission in June 2004 | The whole |
| Regulation 41, definition of National Model Regulations for the Control of Workplace Hazardous Substances and regulation 98(4) | National Model Regulations for the Control of Workplace Hazardous Substances [NOHSC:1005(1994)], published by the National Occupational Health and Safety Commission in 1994, as amended in November 2001 | The whole |
| Regulation 41, definition of National Standard for Occupational Noise and regulation 100(6), definition of noise exposure standard | National Standard for Occupational Noise [NOHSC: 1007(2000)], 2nd Edition, published by the National Occupational Health and Safety Commission in July 2000 | The whole |
0
0
0