Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024 (Cth)

Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated:

5 December 2024

Sam Mostyn AC
Governor‑General

By Her Excellency’s Command

Madeleine King

Minister for Resources

Contents

Chapter 1Preliminary1.1Name

This instrument is the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024.

1.2Commencement

(1)
Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	12 June 2025.	12 June 2025

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2)
Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

1.3Authority

This instrument is made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

1.4Objects

(1)
An object of this instrument is to ensure that facilities are designed, constructed, installed, operated, modified and decommissioned in Commonwealth waters only in accordance with safety cases that have been accepted by NOPSEMA.
(2)
An object of this instrument 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 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 instrument 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 instrument is to ensure that diving to which the Act applies is carried out in Commonwealth waters only in accordance with:
(a)
diving safety management systems that have been accepted by NOPSEMA; and
(b)
diving project plans that have been:
(i)
approved by operators of facilities; or
(ii)
if there is no operator for a facility—accepted by NOPSEMA.
(5)
An object of this instrument 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 instrument is to ensure that the risks to the health and safety of persons who carry out diving to which the Act applies are reduced to a level that is as low as reasonably practicable.

1.5Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) diving;
(b) diving operations;
(c) health;
(d) NOPSEMA;
(e) NOPSEMA inspector.
In this instrument:
accepted DSMS means a DSMS that has been accepted by NOPSEMA under section 4.5 or 4.6.
Act means the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
ADAS means the Australian Diver Accreditation Scheme administered by the Board of the Australian Diver Accreditation Scheme.
AS/NZS, followed by a number, means the Australian and New Zealand Standard of that number, as in force from time to time.
Commonwealth waters has the meaning given by section 643 of the Act.
Note: In section 643 of the Act, the definition of Commonwealth waters refers to offshore areas. Offshore area is defined in section 7 of the Act.
confined space means an enclosed, or partially enclosed, space that:
(a)
is not used or intended for use as a regular workplace; and
(b)
has restricted means of entry and exit; and
(c)
has, or may have, inadequate ventilation, contaminated atmosphere or oxygen deficiency; and
(d)
is at atmospheric pressure when occupied.
contractorhas the meaning given by clause 3 of Schedule 3 to the Act.
controlled substance means a substance listed in:
(a)
Schedule 8 to the Customs (Prohibited Exports) Regulations 1958; or
(b)
Schedule 4 to the Customs (Prohibited Imports) Regulations 1956.
dangerous occurrence: see section 2.41.
designated work group has the meaning given by clause 3 of Schedule 3 to the Act.
diving contractor has the meaning given by clause 3 of Schedule 3 to the Act.
diving project means an activity consisting of one or more diving operations.
diving supervisor has the meaning given by clause 3 of Schedule 3 to the Act.
diving work means work involving diving.
DSMS means a diving safety management system.
election means an election for a health and safety representative or a deputy health and safety representative under clause 26 of Schedule 3 to the Act.
emergency, in relation to a facility, means an urgent situation that presents, or may present, a risk of death or serious injury to persons at the facility.
employer has the meaning given by clause 3 of Schedule 3 to the Act.
facility has the meaning given by clause 3 of Schedule 3 to the Act.
facility activity: a person carries out a facility activity if the person:
(a)
constructs or installs a facility or part of the facility; or
(b)
operates a facility or part of the facility; or
(c)
modifies a facility or part of the facility; or
(d)
carries out maintenance on a facility or part of the facility; or
(e)
decommissions a facility or part of the facility; or
(f)
does any other work at a facility or part of the facility.
Note: Work has the meaning given by clause 3 of Schedule 3 to the Act. That clause defines work as work offshore that is directly or indirectly related to the construction, installation, operation, maintenance or decommissioning of a facility.
facility owner includes an owner, a charterer or a lessee of a facility or a proposed facility.
foreign company has the meaning given by section 9 of the Corporations Act 2001.
health and safety representative means a person selected as a health and safety representative for a designated work group under clause 25 of Schedule 3 to the Act.
intoxicant means a beverage or other substance for human consumption (other than a substance for medical or pharmaceutical use) that contains alcohol.
major accident event means an event connected with a facility, including a natural event, having the potential to cause multiple fatalities of persons at or near the facility.
manned submersible craft means a craft that is designed to maintain its occupant, or some or all of its occupants, at or near atmospheric pressure while submerged (whether or not it is self‑propelled, and whether or not it is supplied with breathing mixture by umbilical), including a craft in the form of a suit.
member of the workforce has the meaning given by clause 3 of Schedule 3 to the Act.
new GHG facility: see section 2.4FB.
new production facility: see section 2.4FA.

NOPSEMA waters has the meaning given by section 643 of the Act.
offshore greenhouse gas storage operations has the meaning given by section 643 of the Act.

offshore petroleum operations has the meaning given by section 643 of the Act.
operator has the meaning given by clause 3 of Schedule 3 to the Act.
performance standardmeans a standard, established by the operator of a facility, of the performance required of a system, item of equipment, person or procedure which is used as a basis for managing the risk of a major accident event connected with the facility.
pipe:
(a)
means a pipe for the purpose of conveying petroleum or a greenhouse gas substance; and
(b)
includes:
(i)
a petroleum or greenhouse gas pipeline; and
(ii)
a secondary line.
proposed operator, in relation to a facility or proposed facility, has the meaning given by subsection 2.4A(1).
qualified:
(a)
in relation to a medical practitioner—means qualified or entitled, under a law of a State or Territory, to practise as a medical practitioner; and
(b)
in relation to a nurse—means qualified or entitled, under a law of a State or Territory, to practise as a nurse; and
(c)
in relation to a pharmacist—means qualified or entitled, under a law of a State or Territory, to practise as a pharmacist.
returning officer means a person appointed as a returning officer under section 3.8.
revise, in relation to a safety case, includes extend or modify.
safety case means the document known as a safety case that is submitted to NOPSEMA under Part 4 of Chapter 2.
safety case in force in relation to a facility:
(a)
means:
(i)
a safety case for a facility that is accepted under section 2.26; or
(ii)
if the safety case is revised and the revised safety case is accepted under section 2.34—the revised safety case; and
(b) does not include a safety case for a facility if:
(i)
the safety case ceases to be in force in accordance with subsection 2.4D(2); or
(ii)
the acceptance of the safety case is withdrawn under section 2.37.
safety management system, for a facility, means a system for managing occupational health and safety at the facility.
sexually harass has the meaning given by section 28A of the Sex Discrimination Act 1984.
Note: Other parts of speech and grammatical forms of “sexually harass” (for example, “sexual harassment”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901, as that section applies because of paragraph 13(1)(a) of the Legislation Act 2003).
significantly altered: see subsections 2.4FA(2) and 2.4FB(2).
stage in the life of the facility means any of the following:
(a)
construction of the facility;
(b)
installation of the facility;
(c)
operation of the facility;
(d)
modification of the facility;
(e)
decommissioning of the facility.
therapeutic drug means a drug that:
(a)
may be prescribed by a qualified medical practitioner under a law of a State or Territory; or
(b)
may be sold under that law, without a prescription prepared by a qualified medical practitioner.
titleholder means:
(a)
a greenhouse gas assessment permittee; or
(b)
a greenhouse gas holding lessee; or
(c)
a greenhouse gas injection licensee; or
(d)
an infrastructure licensee; or
(e)
a petroleum exploration permittee; or
(f)
a petroleum production licensee; or
(g)
a petroleum retention lessee; or
(h)
a pipeline licensee.
validation has the meaning given by section 2.40.
voter means a person who is eligible to vote in an election under the Act.
work has the meaning given by clause 3 of Schedule 3 to the Act.
workplace has the meaning given in clause 3 of Schedule 3 to the Act.

1.6Vessels that are not facilities

(1)
For the purposes of paragraph 4(6)(d) of Schedule 3 to the Act, a vessel mentioned in column 1 of an item of the following table is declared not to be a facility if:
(a)
the vessel is located at a site in Commonwealth waters; and
(b)
while located at the site, the vessel is used only for one or more of the purposes mentioned in column 2 of the item.

Table 1.6—Vessels that are not facilities
Item	Column 1 Vessel	Column 2 Purpose
1	A vessel supporting a remotely operated vehicle	Any of the following: (a) inspection; (b) cleaning; (c) non‑disturbing span rectification (for example, grout bagging); (d) the operation of a valve; (e) the recovery of debris; (f) valve control unit change out; (g) the removal of weight coating from a pipe before hydro‑testing
2	A vessel supporting a diving operation	Any of the following: (a) inspection; (b) cleaning; (c) non‑disturbing span rectification (for example, grout bagging); (d) the operation of a valve; (e) the recovery of debris; (f) valve control unit change out; (g) the removal of weight coating from a pipe before hydro‑testing
3	Any vessel	Any of the following: (a) laying an umbilical or a cable; (b) laying a clump weight anchor or mattress on a pipe during its construction before hydro‑testing; (c) conducting rock dumping on a pipe during its construction before hydro‑testing; (d) placing support structures or foundations on the sea bed for the purpose of a facility (including foundation supports for a platform jacket, pipe end manifold or other manifold or foundation piles); (e) undertaking pipe trenching and burial during the construction of a facility before hydro‑testing; (f) installing and attaching a jumper if there is no petroleum or greenhouse gas substance contained in the equipment to which the jumper is being connected; (g) placing a subsea pipe manifold or pipe end manifold during the construction of a facility before hydro‑testing; (h) attaching a cathodic protection anode to a pipe if welding is not required
4	A vessel that is a dumb barge that is “hipped‑up” to a facility	Temporarily increasing the space available to carry out petroleum operations related to the facility

(2)
For the purposes of subsection (1), a vessel mentioned in column 1 of an item of the table in subsection (1) that is used for a purpose mentioned in column 2 of the item in relation to a pipe is taken to be located at a site, despite the fact that the vessel moves when it is used for that purpose.

1.7Vessels that are not associated offshore places

(1)
For the purposes of paragraph (c) of the definition of associated offshore place in clause 3 of Schedule 3 to the Act, a vessel mentioned in column 1 of an item of the following table is declared not to be an associated offshore place if:
(a)
both:
(i)
the vessel is located at a site in Commonwealth waters; and
(ii)
while located at the site, the vessel is used only for one or more of the purposes mentioned in column 2 of the item; and
(b)
when the vessel is being so used, a facility is not causing a risk (other than an ordinary marine risk) to the vessel or to people on the vessel.

Table 1.7—Vessels that are not associated offshore places
Item	Column 1 Vessel	Column 2 Purpose
1	A vessel supporting a remotely operated vehicle	Any of the following: (a) inspection; (b) cleaning; (c) non‑disturbing span rectification (for example, grout bagging); (d) the operation of a valve; (e) the recovery of debris; (f) valve control unit change out; (g) the removal of weight coating from a pipe before hydro‑testing
2	Any vessel	Any of the following: (a) laying an umbilical or a cable; (b) laying a clump weight anchor or mattress on a pipe during its construction before hydro‑testing; (c) conducting rock dumping on a pipe during its construction before hydro‑testing; (d) placing support structures or foundations on the sea bed for the purpose of a facility (including foundation supports for a platform jacket, pipe end manifold or other manifold or foundation piles); (e) undertaking pipe trenching and burial during the construction of a facility before hydro‑testing; (f) installing and attaching a jumper if there is no petroleum or greenhouse gas substance contained in the equipment to which the jumper is being connected; (g) placing a subsea pipe manifold or pipe end manifold during the construction of a facility before hydro‑testing; (h) attaching a cathodic protection anode to a pipe if welding is not required

(2)
For the purposes of paragraph (1)(a), a vessel mentioned in column 1 of an item of the table in subsubsection (1) that is used for a purpose mentioned in column 2 of the item in relation to a pipe is taken to be located at a site, despite the fact that the vessel or structure moves when it is used for that purpose.

1.8Notices and reports

(1)
A person who is required, for the purposes of the Act or this instrument, to give notice or make a report, must give notice or make the report in sufficient detail to allow proper consideration of the notice or report.
(2)
A notice or report must be produced clearly and legibly in handwriting or by means of a machine in such a manner as to enable clear and legible reproduction of the contents of the notice or report.

Chapter 2Offshore facilitiesPart 1Preliminary2.1AASimplified outline of this Chapter

This Chapter includes requirements in relation to the following:
(a)
operators and proposed operators of facilities;

(b)
design notifications for new production facilities and new GHG facilities;
(c)
safety cases for facilities.

Under Part 2, a facility owner or titleholder may nominate a person to be the operator of a facility or proposed facility. NOPSEMA must accept the nomination if the requirements in section 2.3 are satisfied. Otherwise NOPSEMA must reject the nomination. NOPSEMA must maintain a register of operators and must publish details of each operator on its website.
A facility owner or titleholder may also nominate a person to replace an existing operator of a facility or proposed facility. NOPSEMA may accept or reject such a nomination. If NOPSEMA accepts the nomination, the nominee may submit a safety case for the facility and NOPSEMA must decide whether to accept the safety case.
If NOPSEMA accepts the safety case, the nominee must notify NOPSEMA that the nominee will replace the existing operator on a day specified in the notice. NOPSEMA must register the nominee as the operator on that day and must publish the name of the nominee in the register of operators.
NOPSEMA must also maintain a register of proposed operators and publish details of proposed operators on its website.
Under Part 3, a person proposing to construct a new production facility or a new GHG facility must submit to NOPSEMA a design notification for the facility. Such facilities include an existing vessel or structure that is to be significantly altered (see subsections 2.4FA(2) and 2.4FB (2)).
A design notification must be submitted to NOPSEMA before any construction or alteration work is commenced and must include all the details and information required by section 2.4H. NOPSEMA must assess and respond to the design notification. A fee is payable to NOPSEMA for an assessment of a design notification.
Part 4 provides for the contents of safety cases. Each facility must be covered by a safety case. A safety case includes a description of the facility, the formal safety assessment for the facility and how the safety management system for the facility will be implemented. A safety case is to be submitted to NOPSEMA and NOPSEMA may accept or reject the safety case or accept the safety case subject to conditions or limitations.
An operator of a facility must submit a revised safety case if there is a change in circumstances or operations. NOPSEMA may also request an operator to submit a revised safety case.
A safety case must be revised every 5 years.
In certain circumstances NOPSEMA may withdraw its acceptance of a safety case.
Under Division 5 of Part 4 NOPSEMA may give an operator an exemption in relation to safety cases.
Under Part 5 NOPSEMA may require an operator of a facility or proposed facility to provide a validation in respect of the proposed facility or a proposed significant change to an existing facility.
Part 6 specifies occurrences at facilities that are declared to be dangerous occurrences. That Part also specifies the time within which, and the information that must be included in, notices and reports that are required to be given to NOPSEMA under clause 82 of Schedule 3 to the Act about accidents and dangerous occurrences at or near facilities.
Part 7 sets out the information that must be provided to NOPSEMA, in accordance with clause 83B of Schedule 3 to the Act, when a vessel becomes a facility or an associated offshore place or when a vessel ceases to be a facility or an associated offshore place.
Parts 8, 9 and 10 contain various penalty, miscellaneous and application provisions.

Part 2Operators and proposed operatorsDivision 1Operators2.1ABPurpose of this Part

This Part is made for the purposes of clause 5 of Schedule 3 to the Act.

2.1Nomination of operator – general

(1)
A facility owner or a titleholder may give NOPSEMA a written notice nominating a person to be the operator of a facility or a proposed facility.

(2)
The notice must include the following:
(a)
the person’s name;
(b)
the following contact details for the person:
(i)
if the person carries on business in Australia—the address of the person’s principal place of business in Australia;
(ii)
if the person does not carry on business in Australia—the address of the person’s principal place of business;
(iii)
a telephone number and an email address for the person at the place of business specified in the notice;
(iv)
a telephone number and an email address for the person outside business hours at the place of business specified in the notice;
(c)
the following details, if applicable:
(i)
the person’s Australian Company Number (ACN);
(ii)
the person’s Australian Business Number (ABN);
(iii)
the person’s Australian Registered Body Number (ARBN);
(iv)
the person’s Australian Registered Scheme Number (ARSN);
(d)
the person’s consent to the nomination.

2.3Acceptance or rejection of nomination of operator

(1)
Subject to subsection (3), NOPSEMA must accept a nomination of a person (the nominee) as the operator of a facility or proposed facility under subsection 2.1(1) if it is satisfied that:
(a)
the nominee has, or will have, the day‑to‑day management and control of:
(i)
the facility or proposed facility; and
(ii)
operations at the facility or proposed facility; and
(b)
if the nominee is a foreign company—the nominee is registered under Division 2 of Part 5B.2 of the Corporations Act 2001.
(2)
Subject to subsection (3), NOPSEMA must reject the nomination if it is not satisfied that:
(a)
the nominee has, or will have, the day‑to‑day management and control of:
(i)
the facility or proposed facility; and
(ii)
operations at the facility or proposed facility; or
(b)
if the nominee is a foreign company—the nominee is registered under Division 2 of Part 5B.2 of the Corporations Act 2001.
(3)
NOPSEMA must not accept a nomination unless it has taken into account the following:
(a)
the ability of the nominee to undertake the functions and responsibilities of an operator of the facility;
(b)
the physical and operational features of the facility;
(c)
if there is an existing operator of the facility or proposed facility—the views (if applicable) of the operator.
(4)
If NOPSEMA accepts the nomination, it must register the nominee as the operator of the facility or proposed facility.
(5)
NOPSEMA must, in writing, notify the facility owner or titleholder who made the nomination, and the nominee, of the following:
(a)
the decision to accept or reject the nomination;
(b)
if NOPSEMA has decided to reject the nomination—the reasons for the rejection.

2.4Register of operators

(1)
NOPSEMA must:
(a)
maintain a register of operators of facilities; and
(b)
publish on its website:
(i)
the name of each operator; and
(ii)
the address of each operator, as notified under subparagraph 2.1(2)(b)(i) or (ii); and
(iii)
the name of each facility which the operator operates.
(2)
A facility owner, titleholder or operator of a facility must give NOPSEMA written notice that the operator has ceased to be the person who has, or will have, the day‑to‑day management and control of:
(a)
the facility or proposed facility; and
(b)
operations at the facility or proposed facility.
(3)
If the operator of a facility or proposed facility is a foreign company and the operator ceases to be registered under Division 2 of Part 5B.2 of the Corporations Act 2001, the operator must, as soon as practicable after ceasing to be so registered, give NOPSEMA written notice that the operator has ceased to be registered.
(4)
NOPSEMA must remove the name of the operator of a facility from the register if NOPSEMA is given a notice under subsection (2) or (3) in relation to the operator.
(5)
Subsection (6) applies if NOPSEMA believes, on reasonable grounds:
(a)
that the operator of a facility does not have, or will not have, day‑to‑day management and control of the facility and operations at the facility; or
(b)
if the operator of a facility or proposed facility is a foreign company—that the operator has ceased to be registered under Division 2 of Part 5B.2 of the Corporations Act 2001.
(6)
NOPSEMA may give notice of intention to remove the name of the operator of a facility from the register to:
(a)
the facility owner or titleholder who nominated the operator under subsection 2.1(1); and
(b)
the operator of the facility.
(7)
NOPSEMA must remove the name of the operator of a facility from the register if NOPSEMA:
(a)
has given notice of intention to remove the operator’s name from the register under subsection (6); and
(b)
has considered any representations made by the facility owner, titleholder or operator within the period of 30 days beginning when the notice was given; and
(c)
continues to believe, on reasonable grounds:
(i)
that the operator does not have, or will not have, day‑to‑day management and control of the facility and operations at the facility; or
(ii)
if the operator is a foreign company—that the operator has ceased to be registered under Division 2 of Part 5B.2 of the Corporations Act 2001.

Division 2—Proposed operators

2.4ANomination of proposed operator—general

(1)
A facility owner or a titleholder may give NOPSEMA a written notice nominating a person (the proposed operator) to replace the existing operator of the facility or proposed facility.
(2)
The notice must include the following:
(a)
the proposed operator’s name;
(b)
the following contact details for the proposed operator:
(i)
if the proposed operator carries on business in Australia—the address of the proposed operator’s principal place of business in Australia;
(ii)
if the proposed operator does not carry on business in Australia—the address of the proposed operator’s principal place of business;
(iii)
a telephone number and an email address for the proposed operator at the place of business specified in the notice;
(iv)
a telephone number and an email address for the proposed operator outside business hours at the place of business specified in the notice;
(c)
the following details, if applicable:
(i)
the proposed operator’s Australian Company Number (ACN);
(ii)
the proposed operator’s Australian Business Number (ABN);
(iii)
the proposed operator’s Australian Registered Body Number (ARBN);
(iv)
the proposed operator’s Australian Registered Scheme Number (ARSN);
(d)
the proposed operator’s consent to the nomination.
2.4BAcceptance or rejection of nomination of proposed operator
(1)
Subject to subsection (3), NOPSEMA must accept a nomination of a proposed operator for a facility or proposed facility under subsection 2.4A(1) if it is satisfied that:
(a)
the proposed operator will have, if registered as the operator of the facility or proposed facility, the day‑to‑day management and control of:
(i)
the facility or proposed facility; and
(ii)
operations at the facility or proposed facility; and
(b)
if the proposed operator is a foreign company—the proposed operator is registered under Division 2 of Part 5B.2 of the Corporations Act 2001.
(2)
Subject to subsection (3), NOPSEMA must reject the nomination of a proposed operator if it is not satisfied that:
(a)
the proposed operator will have, if registered as the operator of the facility or proposed facility, the day‑to‑day management and control of:
(i)
the facility or proposed facility; and
(ii)
operations at the facility or proposed facility; or
(b)
if the proposed operator is a foreign company—the proposed operator is registered under Division 2 of Part 5B.2 of the Corporations Act 2001.
(3)
In deciding whether to accept a nomination, NOPSEMA must take into account:
(a)
the ability of the proposed operator to undertake the functions and responsibilities of an operator of the facility; and
(b)
the physical and operational features of the facility; and
(c)
the views (if any) of the existing operator of the facility or proposed facility.
(4)
If NOPSEMA accepts the nomination of a proposed operator, it must register the proposed operator as the proposed operator of the facility or proposed facility.
(5)
NOPSEMA must, in writing, notify the facility owner or titleholder who made the nomination, and the proposed operator, of the following:
(a)
the decision to accept or reject the nomination of the proposed operator;
(b)
if NOPSEMA has decided to reject the nomination of the proposed operator—the reasons for the rejection.

2.4CSubmission and acceptance of safety cases by proposed operators
(1)
If, under subsection 2.4B(4), NOPSEMA registers a person as the proposed operator of a facility or proposed facility:
(a)
the proposed operator may submit a safety case to NOPSEMA under section 2.24; and
(b)
NOPSEMA must:
(i)
make a decision on the submitted safety case in accordance with section 2.26; and
(ii)
notify the proposed operator in accordance with section 2.27; and
(c)
the other provisions of Parts 2 and 3 of this Chapter apply (to the extent that those provisions are applicable) as if the reference to the operator included a reference to the proposed operator.
(2)
If NOPSEMA notifies the proposed operator under section 2.27 that it has decided to accept the safety case:
(a)
the proposed operator must, in writing, notify NOPSEMA that the proposed operator intends to replace the existing operator of the facility or proposed facility:
(i)
on a day specified in the notice (which must be no earlier than 5 business days after the notice is given to NOPSEMA); or
(ii)
on another day specified in the notice that is agreed between NOPSEMA and the proposed operator; and
(b)
the safety case does not come into force unless and until the proposed operator is registered as the operator of the facility or proposed facility in accordance with paragraph 2.4D(1)(a).
2.4DProposed operator to be registered as the operator and previous safety case ceases to be in force
(1)
If a proposed operator for a facility or proposed facility notifies NOPSEMA under paragraph 2.4C(2)(a), NOPSEMA must:
(a)
register the proposed operator as the operator (the new operator) of the facility or proposed facility on the day specified by the proposed operator in the notice; and
(b)
publish the name of the new operator in the register of operators maintained under section 2.4; and
(c)
remove the name of the new operator from the register of proposed operators maintained under section 2.4E; and
(d)
remove the name of the previous operator of the facility or proposed facility from the register of operators maintained under section 2.4.
(2)
The previous safety case in relation to the facility or proposed facility ceases to be in force at the time the new operator is registered as the operator of the facility or proposed facility.

2.4ERegister of proposed operators

(1)
NOPSEMA must:
(a)
maintain a register of proposed operators; and
(b)
publish on its website:
(i)
the name of each proposed operator; and
(ii)
the address of each proposed operator, as notified under subparagraph 2.4A(2)(b)(i) or (ii); and
(iii)
the name of each facility which the proposed operator is intended to operate.
(2)
A facility owner, titleholder or proposed operator of a facility must give NOPSEMA written notice if the proposed operator will not, if registered as the operator of the facility or proposed facility, have the day‑to‑day management and control of:
(a)
the facility or proposed facility; and
(b)
operations at the facility or proposed facility.
(3)
If the proposed operator of a facility or proposed facility is a foreign company and the proposed operator ceases to be registered under Division 2 of Part 5B.2 of the Corporations Act 2001, the proposed operator must, as soon as practicable after ceasing to be so registered, give NOPSEMA written notice that the proposed operator has ceased to be registered.
(4)
NOPSEMA must remove the name of a proposed operator from the register of proposed operators if NOPSEMA is given a notice under subsection (2) or (3) in relation to the proposed operator.
(5)
Subsection (6) applies if NOPSEMA believes, on reasonable grounds:
(a)
that the proposed operator of a facility will not have day‑to‑day management and control of the facility and operations at the facility; or
(b)
if the proposed operator of a facility or proposed facility is a foreign company—that the proposed operator has ceased to be registered under Division 2 of Part 5B.2 of the Corporations Act 2001.
(6)
NOPSEMA may give notice of intention to remove the name of a proposed operator from the register of proposed operators to:
(a)
the facility owner or titleholder who nominated the proposed operator under subsection 2.4A(1); and
(b)
the proposed operator.
(7)
NOPSEMA must remove the name of a proposed operator from the register of proposed operators if NOPSEMA:
(a)
has given notice of intention to remove the name of the proposed operator from the register under subsection (6); and
(b)
has considered any representations made by the facility owner, titleholder or proposed operator within the period of 30 days beginning when the notice was given; and
(c)
continues to believe, on reasonable grounds:
(i)
that the proposed operator will not have day‑to‑day management and control of the facility and operations at the facility; or
(ii)
if the proposed operator is a foreign company—that the proposed operator has ceased to be registered under Division 2 of Part 5B.2 of the Corporations Act 2001.

Part 3Design notification for new production facilities and new GHG facilities2.4FPurpose of this Part

This Part is made for the purposes of paragraph 17(3)(s) of Schedule 3 to the Act and applies to and in relation to a vessel or structure that is:
(a)
a new production facility; or
(b)
a new GHG facility.

2.4FANew production facilities

(1)
A vessel or a structure is a new production facility if the vessel or structure:
(a)
either:
(i)
for a new vessel or structure—is, or is to be, constructed on or after the commencement of this Part; or
(ii)
for an existing vessel or structure—is, or is to be, significantly altered after the commencement of this Part; and
(b)
is, or is proposed to be, located at a site in Commonwealth waters; and
(c)
is, or is proposed to be, used at that site for:
(i)
the recovery of petroleum; or
(ii)
the processing of petroleum; or
(iii)
the storage and offloading of petroleum; or
(iv)
any combination of those activities; and
(d)
is not, or will not be, any of the following:
(i)
an offtake tanker;
(ii)
a tug or an anchor handler;
(iii)
a vessel or structure used for supplying a facility or otherwise travelling between a facility and the shore;
(iv)
a vessel or structure used for any purpose such that it is declared under section 1.6 not to be a facility;
whether the vessel or structure is, or will be, floating or fixed and whether or not the vessel or structure is, or will be, capable of independent navigation.
(2)
An existing vessel or structure is significantly altered if:
(a)
the vessel or structure is altered or repurposed, or proposed to be altered or repurposed, in a way that enables, or will enable, the altered or repurposed vessel or structure to be used for:
(i)
the recovery of petroleum; or
(ii)
the processing of petroleum; or
(iii)
the storage and offloading of petroleum; or
(iv)
any combination of the activities mentioned in subparagraphs (i) to (iii); and
(b)
either:
(i)
without the alteration or repurposing, the vessel or structure is not able to be used, or would not be able to be used, for an activity mentioned in paragraph (a); or
(ii)
if, before the alteration or repurposing, the vessel or structure is able to be used for a particular activity mentioned in paragraph (a), the vessel or structure is, after the alteration or repurposing, able to be used for a different activity mentioned in paragraph (a).

2.4FBNew GHG facilities

(1)
A vessel or a structure is a new GHG facility if the vessel or structure:
(a)
either:
(i)
for a new vessel or structure—is, or is to be, constructed on or after the commencement of this Part; or
(ii)
for an existing vessel or structure—is, or is to be, significantly altered after the commencement of this Part; and
(b)
is, or is proposed to be, located at a site in Commonwealth waters; and
(c)
is, or is proposed to be, used at that site for:
(i)
the injection of a greenhouse gas substance into the seabed or subsoil; or
(ii)
the storage of a greenhouse gas substance in the seabed or subsoil; or
(iii)
the compression of a greenhouse gas substance; or
(iv)
the processing of a greenhouse gas substance; or
(v)
the pre‑injection storage of a greenhouse gas substance; or
(vi)
the offloading of a greenhouse gas substance; or
(vii)
the transportation of a greenhouse gas substance; or
(viii)
the monitoring of a greenhouse gas substance stored in the seabed or subsoil; or
(ix)
any combination of activities covered by any of the preceding subparagraphs; and
(d)
is not, or will not be, any of the following:
(i)
an offtake tanker;
(ii)
a tug or an anchor handler;
(iii)
a vessel or structure used for supplying a facility or otherwise travelling between a facility and the shore;
(iv)
a vessel or structure used for any purpose such that it is declared under section 1.6 not to be a facility;
whether the vessel or structure is, or will be, floating or fixed and whether or not the vessel or structure is, or will be, capable of independent navigation.
(2)
An existing vessel or structure is significantly altered if:
(a)
the vessel or structure is altered or repurposed, or proposed to be altered or repurposed, in a way that enables, or will enable, the altered or repurposed vessel or structure to be used for:
(i)
the injection of a greenhouse gas substance into the seabed or subsoil; or
(ii)
the storage of a greenhouse gas substance in the seabed or subsoil; or
(iii)
the compression of a greenhouse gas substance; or
(iv)
the processing of a greenhouse gas substance; or
(v)
the pre‑injection storage of a greenhouse gas substance; or
(vi)
the offloading of a greenhouse gas substance; or
(vii)
the transportation of a greenhouse gas substance; or
(viii)
the monitoring of a greenhouse gas substance stored in the seabed or subsoil; or
(ix)
any combination of activities covered by any of the preceding subparagraphs; and
(b)
either:
(i)
without the alteration or repurposing, the vessel or structure is not able to be used, or would not be able to be used, for an activity mentioned in paragraph (a); or
(ii)
if, before the alteration or repurposing, the vessel or structure is able to be used for a particular activity mentioned in paragraph (a), the vessel or structure is, after the alteration or repurposing, able to be used for a different activity mentioned in paragraph (a).
2.4GDesign notification for proposed new production facility or new GHG facility
(1)
A person must submit to NOPSEMA a design notification for a new production facility or a new GHG facility.
Note: See paragraph 2.26(1)(e) which requires a design notification to be submitted to NOPSEMA in order for NOPSEMA to accept a safety case for a new production facility or a new GHG facility.
(2)
The design notification must comply with the requirements specified in section 2.4H.

2.4HRequirements of design notification

For the purposes of subsection 2.4G(2), the design notification for a new production facility or a new GHG facility (the new facility) must:
(a)
be submitted to NOPSEMA:
(i)
in sufficient time to allow for any comments made by NOPSEMA to be taken into account in the final design decision; and
(ii)
before any construction or alteration work is commenced; and
(b)
be in writing; and
(c)
include the following:
(i)
the name of the person submitting the design notification;
(ii)
the address in Australia of that person;
(iii)
the contact details of that person; and
(d)
include a description of the following:
(i)
the design process (from the initial concept to the submitted design) for the new facility;
(ii)
the design and performance standards used to guide the design process; and
(e)
include a description of the chosen design for the new facility, including:
(i)
diagrams of the design; and
(ii)
a summary of other design options that were considered; and
(iii)
for a vessel or structure that is to be repurposed—the justification of the suitability for repurposing the vessel or structure; and
(iv)
the criteria used to select the design in the design notification and the process by which the selection was made; and
(f)

include a description of how the design in the design notification for the new facility ensures that risks associated with hazards that have the potential to cause a major accident event are reduced to a level that is as low as reasonably practicable; and
(g)
include information explaining the following:
(i)
how the new facility will be able to withstand such forces acting upon it as are reasonably foreseeable throughout its entire lifecycle, including during the post closure period until fully decommissioned;
(ii)
how the layout and configuration of the new facility, including the layout and configuration of its plant, will not adversely impact upon its safety and integrity;
(iii)
how the fabrication, transportation, construction, commissioning, operation, modification, maintenance and repair of the new facility will proceed without adversely impacting upon its safety and integrity;
(iv)
how the new facility will be able to be decommissioned and, if necessary, dismantled in such a way that it will, as far as is reasonably practicable, have sufficient integrity to enable decommissioning to be carried out safely;
(v)
how, in the event of reasonably foreseeable damage to the new facility, the new facility will be able to retain sufficient integrity to enable actions to be taken to safeguard the health and safety of persons at, or near, the new facility; and
(h)
include a description of how the design in the design notification for the new facility makes use of construction materials that are:
(i)
suitable, having regard to the need to ensure that at all times the new facility maintains such structural integrity as is reasonably practicable; and
(ii)
as far as is reasonably practicable, able to provide sufficient protection against anything that may prejudice the structural integrity of the new facility; and
(i)
include a description of the following:
(i)
the layout of the new facility;
(ii)
the safety and environmental management system by which the intended major accident risk control measures are to be maintained;
(iii)
the process technology proposed to be used for the new facility;
(iv)
the principal features of any pipeline proposed to be connected to or used in connection with the new facility;
(v)
any petroleum‑bearing reservoir or identified storage formation intended to be exploited using the new facility;
(vi)
the basis of design for any wells to be connected to the new facility; and
(j)
include an initial list of operations, procedures and equipment that are critical to safety; and
(k)
include a plan setting out the proposed location of the new facility and anything that may be connected to the new facility, including particulars of:
(i)
the meteorological and oceanographic conditions to which the new facility may foreseeably be subject; and
(ii)
the properties of the seabed and subsoil at the proposed location of the new facility; and
(l)
include a description of the following:
(i)
any environmental, meteorological and seabed limitations on the safe installation, operation and decommissioning of the new facility;
(ii)
the arrangements for identifying risks from seabed and marine hazards such as pipelines and moorings of adjacent installations; and
(m)
include a description of the types of operation, and the activities in connection with an operation, that are proposed to be undertaken at the new facility.

2.4JNOPSEMA must assess and respond to a design notification

(1)
If a person submits a design notification for a new production facility or a new GHG facility to NOPSEMA, NOPSEMA must:
(a)
assess the design notification; and
(b)
subject to subsection (6), provide written comments to the person within 90 days of receiving the design notification.
(2)
The comments must include details of any matters that NOPSEMA considers may affect the safety of the new production facility or the new GHG facility or that may otherwise impact on the reduction of safety risks to a level that is as low as reasonably practicable.
NOPSEMA may request further information
(3)
NOPSEMA may request the person to provide further written information about any matter relating to the design of the new production facility or the new GHG facility that is required by this Part to be included in a design notification.
(4)
The request must:
(a)
be in writing; and
(b)
set out each matter for which information is requested; and
(c)
specify a period of at least 30 days within which the information is to be provided.
(5)
If the person provides all information requested by NOPSEMA:
(a)
the information becomes part of the design notification for the new production facility or the new GHG facility (when the design notification for the facility is submitted to NOPSEMA) as if it had been included with the design notification for the facility as submitted to NOPSEMA; and
(b)
NOPSEMA must have regard to the information as if it had been so included.
Time does not run while further information being sought
(6)
If NOPSEMA requests further information under subsection (3), a day is not to be counted for the purposes of paragraph (1)(b) if it is:
(a)
on or after the day NOPSEMA requested the information; and
(b)
on or before the day on which NOPSEMA receives the last of the information requested.

2.4KFee for assessing design notification

(1)
For the purposes of subsection 685(1) of the Act, a fee is payable to NOPSEMA by a person submitting a design notification under section 2.4J for an assessment of the design notification.
(2)
The fee is the total amount of the expenses incurred by NOPSEMA in assessing the design notification.
(3)
The fee is due and payable in accordance with the terms of the invoice for the fee.

Part 4Safety casesDivision 1APurpose of this Part2.4LPurpose of this Part

This Part is made for the purposes of section 639 of the Act.

Division 1Contents of safety casesSubdivision AContents of a safety case2.5Facility description, formal safety assessment and safety management system

Facility description
(1)
The safety case for a facility must contain a description of the facility that gives details of the following:
(a)
the layout of the facility;
(b)
the technical and other control measures identified as a result of the formal safety assessment;
(c)
the activities that will, or are likely to, take place at, or in connection with, the facility;
(d)
for a facility that is a pipeline:
(i)
the route corridor of the pipeline and the pipeline’s interface start and end positions; and
(ii)
the compositions of petroleum or greenhouse gas substance that are to be conveyed through the pipeline when it is operating; and
(iii)
the safe operating limits for conveying those compositions through the pipeline;
(e)
any other relevant matters.
Technical and other control measures that are critical to safety
(2)
The safety case for the facility must also identify which of the technical and other control measures mentioned in paragraph (1)(b) are critical to safety.
Formal safety assessment
(3)
The safety case for the facility must also contain a detailed description of the formal safety assessment for the facility, being an assessment, or series of assessments, conducted by the operator of the facility that:
(a)
identifies all hazards having the potential to cause a major accident event; and
(b)
is a detailed and systematic assessment of the risk associated with each of those hazards, including the likelihood and consequences of each potential major accident event; and
(c)
identifies the technical and other control measures that are necessary to reduce that risk to a level that is as low as reasonably practicable; and
(d)
describes the emergency response plan required to be followed in the event of an emergency in connection with the facility.
Note: A formal safety assessment relates only to major accident events.
Safety management system
(4)
The safety case for the facility must also contain a detailed description of the safety management system that:
(a)
is comprehensive and integrated; and
(b)
provides for all activities that will, or are likely to, take place at, or in connection with, the facility; and
(c)
provides for the continual and systematic identification of hazards to health and safety of persons at or near the facility; and
(d)
provides for the continual and systematic assessment of:
(i)
the likelihood of the occurrence, during normal or emergency situations, of injury or occupational illness associated with those hazards; and
(ii)
the likely nature of such injury or occupational illness; and
(e)
provides for the reduction to a level that is as low as reasonably practicable of risks to health and safety of persons at or near the facility including, but not limited to:
(i)
risks arising during evacuation, escape and rescue in case of emergency; and
(ii)
risks arising from equipment and hardware; and
(f)
provides for inspection, testing and maintenance of the equipment and hardware that are the physical control measures for those risks; and
(g)
provides for adequate communications between the facility and any relevant:
(i)
facility; or
(ii)
vessel; or
(iii)
aircraft; or
(iv)
on‑shore installation; and
(h)
provides for any other matter that is necessary to ensure that the safety management system meets the requirements and objects of this instrument; and
(i)
specifies the performance standards that apply.
Note: The safety management system must provide for all hazards and risks to persons at the facility, not just risks of major accident events.
Safety case for construction or installation stage
(5)
If the operator of a facility submits to NOPSEMA a safety case for a construction or installation stage in the life of the facility, the safety case must contain the matters mentioned in subsections (1) to (4) in relation to:
(a)
the facility at that stage in the life of the facility; and
(b)
the activities that will, or are likely to, take place at, or in connection with, the facility during that stage in the life of the facility; and
(c)
to the extent that it is practicable—the facility and the activities that will, or are likely to, take place when the facility is in operation.
Requirements for safety case if facility is a new production facility or a new GHG facility
(6)
If a design notification in relation to a facility was required to be submitted to NOPSEMA under Part 3, the safety case for the facility must include the following:
(a)
the design notification in relation to the facility that was provided to NOPSEMA in accordance with Part 3;
(b)
the details of the matters (if any) that NOPSEMA raised in its written comments on the design notification under Part 3;
(c)
a description of how those matters have been incorporated into the facility design, either by:
(i)
describing how the facility design has been adapted in response to NOPSEMA’s comments; or
(ii)
providing reasons why NOPSEMA’s comments have not been incorporated into the facility design.

2.6Implementation and improvement of the safety management system

The safety case for a facility must demonstrate that there are effective means of ensuring:
(a)
the implementation of the safety management system; and
(b)
continual and systematic identification of deficiencies in the safety management system; and
(c)
continual and systematic improvement of the safety management system.

Subdivision BSafety measures2.7Standards to be applied

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

2.8Command structure

(1)
The safety case for a facility must specify:
(a)
an office or position in relation to the facility, the occupant of which is in command of the facility and responsible for its safe operation when on duty; and
(b)
an office or position in relation to the facility, the occupant of which is responsible for implementing and supervising procedures in the event of an emergency at the facility; and
(c)
the command structure that will apply in the event of an emergency at the facility.
Note: The same person may occupy both of the offices or positions mentioned in paragraphs (1)(a) and (b).
(2)
The safety case for a facility must also describe, in detail, the means by which the operator of the facility will ensure, as far as is reasonably practicable, that:
(a)
the offices or positions mentioned in subsection (1) are continuously occupied while the facility is in operation; and
(b)
the person who occupies each office or position mentioned in subsection (1) has the necessary skills, training and ability to perform the functions of the office or position; and
(c)
the identity of the following persons can, at all times, be readily ascertained by any person at the facility:
(i)
persons who occupy each office or position mentioned in paragraphs (1)(a) and (b);
(ii)
persons in the command structure mentioned in paragraph (1)(c).

2.9Members of the workforce must be competent

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

2.10Permit to work system for safe performance of various activities

(1) The safety case for a facility must provide for the operator of the facility to establish and maintain a documented system of coordinating and controlling the safe performance of all work activities of members of the workforce at the facility, including in particular:
(a)
welding and other hot work; and
(b)
cold work (including physical isolation); and
(c)
electrical work (including electrical isolation); and
(d)
entry into, and working in, a confined space; and
(e)
procedures for working over water; and
(f)
diving operations.
Note: Confined space is defined in section 1.5.
(2) The system must:
(a)
form part of the Safety Management System described in the safety case in force for the facility; and
(b)
identify the persons having responsibility to authorise and supervise work; and
(c)
ensure that members of the workforce are competent in the application of the permit to work system.

2.11Involvement of members of the workforce

(1)
The operator of a facility must demonstrate to NOPSEMA, to the reasonable satisfaction of NOPSEMA, that:
(a)
in the development or revision of the safety case for the facility, there has been effective consultation with, and participation of, members of the facility’s workforce; and
(b)
the safety case provides adequately for effective consultation with, and the effective participation of, the members of the facility’s workforce, so that they are able to arrive at informed opinions about the risks and hazards to which they may be exposed on the facility.
(2) A demonstration for the purposes of paragraph (1)(a) must be supported by adequate documentation.
(3)
In subsection (1):
members of the facility’s workforce includes members of the facility’s workforce who are:
(a)
identifiable before the safety case for the facility is developed; and
(b)
working, or likely to be working, on the facility.
Note: Part 3 of Schedule 3 to the Act sets out the broad consultative provisions that apply, including provisions for the establishment of designated work groups, the election of health and safety representatives and the establishment of OHS committees. The arrangements under these consultative provisions should be used for consultation with members of the workforce about the development, preparation and revision of the safety case.

2.12Design, construction, installation, maintenance and modification

(1)
The safety case for a facility must describe the means by which the operator of the facility will ensure the adequacy of the design, construction, installation, maintenance or modification of the facility, for the relevant stage or stages in the life of the facility for which the safety case has been submitted.
(2)
In particular, the design, construction, installation, maintenance and modification of the facility must provide for:
(a)
adequate means of inventory isolation and pressure relief in the event of an emergency; and
(b)
adequate means of gaining access for servicing and maintenance of the facility and machinery and other equipment on board the facility; and
(c)
adequate means of maintaining the structural integrity of the facility; and
(d)
implementation of the technical and other control measures identified as a result of the formal safety assessment.

2.13Medical and pharmaceutical supplies and services

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

2.14Machinery and equipment

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

2.15Drugs and intoxicants

The safety case for a facility must describe the means by which the operator of the facility will ensure that there is in place, or will be put in place, a method of:
(a)
securing, supplying, and monitoring the use of, therapeutic drugs on the facility; and
(b)
preventing the use of controlled substances (other than therapeutic drugs) on the facility; and
(c)
preventing the use of intoxicants on the facility.

2.15ASexual harassment, bullying and harassment

The safety case for a facility must describe the measures the operator of the facility has, or will, put in place to:
(a)
prevent sexual harassment, bullying and harassment at the facility; and
(b)
comply with relevant legislation relating to sexual harassment, bullying and harassment; and
(c)
report incidents of sexual harassment, bullying and harassment at the facility to NOPSEMA.
Note: The Fair Work Act 2009 prohibits sexual harassment in connection with work. Other Commonwealth legislation (such as the Sex Discrimination Act 1984) and State and Territory legislation may also apply in particular cases.

Subdivision CEmergencies2.16Evacuation, escape and rescue analysis

(1)
The safety case for a facility must contain a detailed description of an evacuation, escape and rescue analysis in the event of an emergency at the facility.
(2)
The evacuation, escape and rescue analysis must:
(a)
identify the types of emergency that could arise at the facility; and
(b)
evaluate a range of routes for evacuation and escape of persons at the facility in the event of an emergency; and
(c)
evaluate alternative routes for evacuation and escape if a primary route is not freely passable; and
(d)
evaluate different possible procedures for managing evacuation, escape and rescue in the event of an emergency; and
(e)
evaluate a range of means of, and equipment for, evacuation, escape and rescue; and
(f)
evaluate a range of amenities and means of emergency communication to be provided in a temporary refuge; and
(g)
evaluate a range of life saving equipment, including:
(i)
life rafts to accommodate safely the maximum number of persons that are likely to be at the facility at any time; and
(ii)
equipment to enable that number of persons to obtain access to the life rafts after launching and deployment; and
(iii)
in the case of a floating facility—suitable equipment to provide a float‑free capability and a means of launching; and
(h)
identify, as a result of the above evaluations, the technical and other control measures necessary to reduce the risks associated with emergencies to a level that is as low as reasonably practicable.

Note: In so far as it addresses major accident events, the evacuation, escape and rescue analysis forms part of the formal safety assessment.

2.17Fire and explosion risk analysis

(1)
The safety case for a facility must contain a detailed description of a fire and explosion risk analysis for the facility in the event of a fire or explosion at the facility.
(2)
The fire and explosion risk analysis must:
(a)
identify the types of fires and explosions that could occur at the facility; and
(b)
evaluate a range of measures for detecting those fires and explosions in the event that they do occur; and
(c)
evaluate a range of measures for eliminating those potential fires and explosions, or for otherwise reducing the risk arising from fires and explosions; and
(d)
evaluate the incorporation into the facility of both automatic and manual systems for the detection, control and extinguishment of:
(i)
outbreaks of fire; and
(ii)
leaks or escapes of petroleum; and
(e)
evaluate a range of means of isolating and safely storing hazardous substances, such as fuel, explosives and chemicals, that are used or stored at the facility; and
(f)
evaluate the evacuation, escape and rescue analysis, in so far as it relates to fires and explosions; and
(g)
identify, as a result of the above evaluations, the technical and other control measures necessary to reduce the risks associated with fires and explosions to a level that is as low as reasonably practicable.
Note: In so far as it addresses major accident events, the fire and explosion risk analysis forms part of the formal safety assessment.

2.18Emergency communications systems

(1)
The safety case for a facility must provide for communications systems that, in the event of an emergency in connection with the facility, are adequate for communication:
(a)
within the facility; and
(b)
between the facility and:
(i)
associated on‑shore installations; and
(ii)
associated vessels and aircraft; and
(iii)
other associated facilities.
(2)
In particular, the safety case must provide for the communications systems of the facility to be:
(a)
adequate to handle:
(i)
a likely emergency on or relating to the facility; and
(ii)
the operation requirements of the facility; and
(b)
protected so as to be capable of operating in an emergency, to the extent specified by the formal safety assessment relating to the facility.
Note: See subsection 2.5(3) for the requirements of a formal safety assessment.

2.19Control systems

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

2.20Emergency preparedness

(1)
The safety case for a facility must:
(a)
describe a response plan designed to address possible emergencies, the risk of which has been identified in the formal safety assessment for the facility; and
(b)
provide for the implementation of that plan.
(2)
The plan must:
(a)
specify all reasonably practicable steps to ensure the facility is safe and without risk to the health of persons likely to be on the facility at the time of the emergency; and
(b)
specify the performance standards that it applies.
(3)
The safety case must make adequate provision for escape drill exercises and fire drill exercises by persons on the facility.
(4)
In particular, those exercises must ensure that persons on the facility will be trained to function in the event of emergency with an adequate degree of knowledge, preparedness and confidence concerning the relevant emergency procedures.
(5)
The safety case must provide for the operator of the facility to ensure, as far as is reasonably practicable, that escape drill exercises and fire drill exercises are held in accordance with the safety case relating to the facility.
(6) The safety case for a mobile facility must also specify systems that:
(a)
in the event of emergency, are adequate to shut down or disconnect all operations on the facility that could adversely affect the health or safety of persons at or near the facility; and
(b)
are adequate to give appropriate audible and visible warnings of the shutting down or disconnecting of those operations.

2.21Pipes

(1)
This section applies if:
(a)
a facility is:
(i)
connected to one or more pipes; or
(ii)
proposed to be connected to one or more pipes; and
(b)
the pipes convey, or will convey, petroleum or greenhouse gas substance to the facility.
(2)
The safety case for the facility must describe the arrangements and procedures that are, or will be, in place for shutting down or isolating, in the event of emergency, each of those pipes so as to stop the flow of petroleum or greenhouse gas substance into the facility through the pipe.
(3)
In particular, the arrangements and procedures must include:
(a)
effective means of controlling and operating all relevant emergency shut‑down valves for a pipe; and
(b)
a fail‑safe system of isolating a pipeline in the event of failure of other safety devices for the pipe.
(4) The safety case for the facility must also specify:
(a)
adequate means of mitigating, in the event of emergency, the risks associated with each pipe connected to the facility; and
(b)
the frequency of periodic inspection and testing of pipe emergency shut‑down valves that can reasonably be expected to ensure that the shut‑down valves will operate correctly in an emergency.
(5)
In this section:
facility does not include:
(a)
a well mentioned in paragraph 4(4)(a) or (b), or in subparagraph 4(8)(b)(i) or (ii), of Schedule 3 to the Act; or
(b)
plant and equipment associated with a well mentioned in any of those provisions; or
(c)
a pipe or system of pipes mentioned in any of those provisions.

2.22Vessel and aircraft control

(1)
The safety case for a facility must describe a system, that is in place or will be implemented, as part of the operation of the facility, that ensures, as far as is reasonably practicable, the safe performance of operations that involve vessels or aircraft.
(2)
The system must be:
(a)
able to meet the emergency response requirements identified in the formal safety assessment in relation to the facility; and
(b)
described in the facility’s safety management system.
Note 1: See subsection 2.5(3) for the requirements of a formal safety assessment.
Note 2: See subsection 2.5(4) for the requirements of a safety management system.
(3)
The equipment and procedures for ensuring safe vessel and aircraft operations must be fit for purpose.

Subdivision DRecord keeping2.23Arrangements for records

(1)
This section applies to the following documents:
(a)
the safety case in force for a facility;
(b)
a revision to the safety case for the facility;
(c)
a written audit report for the safety case;
(d)
a copy of each notice and report given to NOPSEMA in accordance with section 2.42.
(2)
The safety case for a facility must include arrangements for:
(a)
making a record of the documents to which this section applies; and
(b)
securely storing the record and those documents:
(i)
at an address nominated for the facility; and
(ii)
in a manner that facilitates their retrieval as soon as practicable.
(3)
A document mentioned in paragraph (1)(a) or (b) for a facility must be retained by the operator of the facility for 5 years after the date of acceptance of the document by NOPSEMA.
(4)
A report mentioned in paragraph (1)(c) for a facility must be retained by the operator of the facility for a period of 5 years after the date of receipt of the report by the operator.
(5)
A copy of a notice or report referred to in paragraph (1)(d) for a facility must be retained by the operator of the facility for a period of 5 years after the date the report was given to NOPSEMA.

Division 2Submission and acceptance of safety cases2.24Safety case to be submitted to NOPSEMA

(1)
If the operator of a facility wants to have a safety case accepted for the facility, the operator must submit the safety case to NOPSEMA.
(2)
The safety case may relate to one or more stages in the life of the facility.
(3)
The safety case may relate to more than one facility.
(4)
The operator must not submit the safety case before the operator and NOPSEMA have agreed on the scope of the validation for the facility.
Note: For validation in relation to a facility, see section 2.40.
(5)
However, the operator may submit the safety case before the operator and NOPSEMA have agreed on the scope of the validation for the facility if the safety case is for a proposed facility that is:
(a)
proposed to be or is being constructed at a place outside NOPSEMA waters; and
(b)
proposed to be installed and operated in Commonwealth waters or in designated coastal waters of a State or the Northern Territory.
(6)
NOPSEMA may at any time inform the operator that it will not assess the safety case for the proposed facility unless the operator and NOPSEMA have agreed on the scope of the validation for the proposed facility.

2.25NOPSEMA may request more information

(1)
If the operator of a facility submits a safety case to NOPSEMA, NOPSEMA may request the operator to provide further written information about any matter required by this instrument to be included in a safety case.
(2)
The request must:
(a)
be in writing; and
(b)
set out each matter for which information is requested; and
(c)
specify a period of at least 30 days within which the information is to be provided.
(3)
If the operator provides all information requested by NOPSEMA within the period specified:
(a)
the information becomes part of the safety case as if it had been included with the safety case as it was submitted to NOPSEMA; and
(b)
NOPSEMA must have regard to the information as if it had been so included.

2.26Acceptance or rejection of a safety case

(1)
NOPSEMA must accept a safety case for a facility if:
(a)
the safety case is appropriate to the facility and to the activities conducted at the facility; and
(b)
the safety case complies with Subdivisions A, B and C of Division 1 of this Part for each stage in the life of the facility in respect of which the safety case is submitted; and
(c)
the safety case complies with Subdivision D of Division 1 of this Part; and
(d)
if NOPSEMA required a validation under subsection 2.40(1):
(i)
the validation established, to the level of assurance required by NOPSEMA, the matters (as appropriate) mentioned in subsection 2.40(4); and
(ii)
the person, or each person, who undertook the validation had the necessary competence, ability and access to data as mentioned in subsection 2.40(5); and
(e)
if a design notification in relation to the facility was required to be submitted to NOPSEMA under Part 3—the following requirements are satisfied:
(i)
a design notification for the facility was provided to NOPSEMA in accordance with Part 3;
(ii)
the operator of the facility has provided NOPSEMA with details of the matters (if any) that NOPSEMA raised in its written comments on the design notification under Part 3;
(iii)
the operator of the facility has described how those matters have been incorporated into the facility design, either by describing how the facility design has been adapted in response to NOPSEMA’s comments or by providing reasons why NOPSEMA’s comments have not been incorporated into the facility design;
(iv)
NOPSEMA is satisfied that the matters in its written comments in relation to the design notification under Part 3 for the facility have been adequately addressed in the facility design.
(2)
If a safety case for a facility is submitted for more than one stage in the life of the facility, NOPSEMA may accept the safety case for one or more stages in the life of the facility.
(3)
If NOPSEMA proposes to reject a safety case for a facility because NOPSEMA is not satisfied in relation to any of the matters mentioned in subsection (1):
(a)
NOPSEMA must give the operator of the facility a reasonable opportunity to change the safety case and resubmit it; and
(b)
the operator may resubmit the safety case with such changes as the operator considers necessary.
(4)
NOPSEMA must reject the safety case for a facility if:
(a)
NOPSEMA has given the operator of the facility a reasonable opportunity to change and resubmit the safety case for the facility; and
(b)
the operator resubmits the safety case; and
(c)
NOPSEMA is not satisfied in relation to any of the matters mentioned in subsection (1).
(5)
When accepting a safety case for a facility, NOPSEMA may impose limitations or conditions on the acceptance in respect of the facility or activities at the facility.

2.27Notice of decision on safety case

(1)
Within 90 days after receiving a safety case for a facility submitted under section 2.24, or resubmitted under paragraph 2.26(3)(b), NOPSEMA must:
(a)
notify the operator of the facility, in writing, that NOPSEMA has decided:
(i)
to accept the safety case; or
(ii)
to reject the safety case; or
(iii)
to accept the safety case for one or more specified stages in the life of the facility, but not for every stage in the life of the facility, in respect of which the safety case was submitted and to reject the rest of the safety case; or
(iv)
to accept the safety case subject to conditions or limitations; or
(b)
notify the operator of the facility, in writing, that NOPSEMA is unable to make a decision about the safety case within the period of 90 days, and set out a proposed timetable for its consideration of the safety case.
(2)
A failure by NOPSEMA to comply with subsection (1) in relation to a safety case does not affect the validity of a decision by NOPSEMA to accept or reject the safety case.
(3)
A notice under paragraph (1)(a) must include the terms of the decision (including any limitations or conditions) and the reasons for it.

2.28Consent to conduct activity in a manner different from safety case

(1)
NOPSEMA may, by notice in writing given to the operator of a facility, consent to the conduct of an activity in a manner that is different from the safety case in force in relation to the facility.
(2)
NOPSEMA must not give a consent under subsection (1) unless it is satisfied that there will not be an occurrence of a significant new risk to health and safety or a significant increase in an existing risk to health and safety arising from the activity in relation to the facility.

2.29Duties under Part 2 of Schedule 3 to the Act

The acceptance of a safety case for a facility by NOPSEMA, or compliance by the operator of a facility or another person with a safety case for a facility that has been accepted by NOPSEMA, does not derogate from the duties of the operator or person under Part 2 of Schedule 3 to the Act.

Division 3Revised safety cases2.30Revision of a safety case because of a change of circumstances or operations

(1)
Subject to subsection (4), the operator of a facility for which a safety case is in force must submit a revised safety case to NOPSEMA as soon as practicable if:
(a)
the technical knowledge relied upon to formulate the safety case, including the knowledge of systems for identifying hazards and evaluating risks of major accident events, has become outdated so that the safety case no longer adequately provides for the matters mentioned in Subdivisions A, B and C of Division 1 of this Part; or
(b)
the operator proposes to modify or decommission the facility, and the proposed modification or decommissioning is not adequately addressed in the safety case; or
(c)
there are reasonable grounds for believing that a series of proposed modifications to the facility would result in a significant cumulative change in the overall level of risk of major accident events; or
(d)
the operator proposes to significantly change the safety management system; or
(e)
for a facility that is a pipeline—the compositions of petroleum or greenhouse gas substance conveyed in the pipeline are different from the compositions contemplated in the safety case; or
(f)
the activities to be carried out at the facility are different from the activities contemplated in the safety case; or
(g)
subject to subsection (2), there has been, or will be, a loss or removal of a technical or other control measure identified under subsection 2.5(2) as being critical to safety.
(2)
Paragraph (1)(g) does not apply if:
(a)
a technical or other control measure is out of service for the purpose of testing the technical or control measure; or
(b)
the operator of the facility has ceased to undertake an activity that is directly related to the technical or other control measure; or
(c)
NOPSEMA has agreed (in writing) that in the particular circumstances paragraph (1)(g) does not apply.
(3)
Subject to subsection (4), the operator of a facility for which a safety case is in force must submit a revised safety case to NOPSEMA as soon as practicable if there has been:
(a)
a significant increase in the level of risk to the health or safety of persons at or near the facility; or
(b)
a series of increases in the level of risk to the health or safety of persons at or near the facility that, in total, are significant.
(4)
If a circumstance mentioned in subsection (1) or (3) may arise, or is likely to arise, because the operator proposes to modify or decommission the facility, the operator must not submit the revised safety case before the operator and NOPSEMA have agreed on the scope of the validation of the proposal.
(5)
If NOPSEMA agrees, the operator may submit a revised safety case under subsection (1) or (2) in the form of a revision to part of the safety case in force for the facility.
Strict liability offence
(6)
A person commits an offence of strict liability if the person contravenes subsection (1) or (3).
Penalty: 100 penalty units.
Civil penalty provision
(7)
A person is liable to a civil penalty if the person contravenes subsection (1) or (3).
Civil penalty: 1,000 penalty units.

2.31Revision on request by NOPSEMA

(1)
NOPSEMA may request the operator of a facility for which a safety case is in force to submit a revised safety case to NOPSEMA.
(2)
If NOPSEMA agrees, the operator may submit the revised safety case in the form of a revision to part of the safety case in force for the facility.
(3)
A request by NOPSEMA must be in writing and include the following information:
(a)
the matters to be addressed by the revision;
(b)
the date by which the revision is required to be submitted to NOPSEMA;
(c)
the grounds for the request.
(4)
The operator may make a written submission to NOPSEMA requesting the variation or withdrawal of the request and stating the reasons why:
(a)
the revision should not occur; or
(b)
the revision should be in different terms from the terms proposed by NOPSEMA; or
(c)
the revision should be submitted by a date other than the date proposed by NOPSEMA.
(5)
The operator must make the submission:
(a)
within 21 days after receiving the request; or
(b)
within a longer period specified in writing by NOPSEMA.
(6)
If NOPSEMA receives the submission and the submission complies with subsections (4) and (5), NOPSEMA must:
(a)
decide whether to accept the submission or part of the submission; and
(b)
give the operator written notice of the decision; and
(c)
to the extent that the submission is accepted—give the operator written notice that varies or withdraws the request in accordance with the decision; and
(d)
to the extent that the submission is rejected—give the operator written notice of the grounds for rejecting the submission or part of the submission.
(7)
Unless the request is withdrawn, the operator must comply with the request, or the request as varied.
Strict liability offence
(8)
A person commits an offence of strict liability if the person contravenes subsection (7).
Penalty: 100 penalty units.
Civil penalty provision
(9)
A person is liable to a civil penalty if the person contravenes subsection (7).
Civil penalty: 1,000 penalty units.

2.32Revision at the end of each 5 year period

(1)
The operator of a facility for which a safety case is in force must submit a revised safety case in accordance with this section to NOPSEMA:
(a)
within 14 days before the end of the 5 year period beginning on the day the safety case was accepted by NOPSEMA under section 2.26; and
(b)
within 14 days before the end of each subsequent 5 year period.
(2)
The operator must submit a revised safety case at the end of a period mentioned in subsection (1) even if the operator has submitted a revised safety case to NOPSEMA under section 2.30 or 2.31 in the same period.

(b)
the person is not competent to carry out safely any activity that is reasonably likely to be necessary while the person is taking part in the diving operation.
Penalty: 50 penalty units.
Divers to hold current diving qualifications—diving contractor responsibility
(5)
A diving contractor for a diving operation must not allow a person to dive in the diving operation if the person does not have a current diving qualification from ADAS to carry out any activity that is reasonably likely to be necessary while the person is taking part in the operation.
Strict liability offence
(6)
A person commits an offence of strict liability if the person contravenes subsection (5).
Penalty: 100 penalty units.
Civil penalty provision
(7)
A person is liable to a civil penalty if the person contravenes subsection (5).
Civil penalty: 1,000 penalty units.
Divers to hold current diving qualifications—diving supervisor responsibility
(8)
A diving supervisor for a diving operation commits an offence of strict liability if:
(a)
the diving supervisor allows a person to dive in the diving operation; and
(b)
the person does not have a current diving qualification required under ADAS permitting the person to carry out any activity that is reasonably likely to be necessary while the person is taking part in the operation.
Penalty: 50 penalty units.
Divers to hold valid medical certificates—diving contractor responsibility
(9)
A diving contractor for a diving operation must not allow a person to dive in the diving operation if the person does not have a valid medical certificate.
Note: The meaning of valid medical certificate is explained in section 4.26.
Strict liability offence
(10)
A person commits an offence of strict liability if the person contravenes subsection (9).
Penalty: 100 penalty units.
Civil penalty provision
(11)
A person is liable to a civil penalty if the person contravenes subsection (9).
Civil penalty: 1,000 penalty units.
Divers to hold valid medical certificates—diving supervisor responsibility
(12)
A diving supervisor for a diving operation commits an offence of strict liability if:
(a)
the diving supervisor allows a person to dive in the diving operation; and
(b)
the person does not have a valid medical certificate.
Penalty: 20 penalty units.
Note: The meaning of valid medical certificate is explained in section 4.26.
Exceptions
(13)
Subsections (5), (8), (9) and (12) do not apply if the person:
(a)
is diving in a manned submersible craft; or
(b)
is diving to provide emergency medical care to an injured person in a chamber.
Note: A defendant bears an evidential burden in relation to the matter in subsection (13), see subsection 13.3(3) of the Criminal Code.

4.26Medical certificates

A diver’s medical certificate is valid if:
(a)
it certifies that, at the time it was given, the diver was fit to dive in accordance with the fitness requirements in AS/NZS 2299; and
(b)
it is not more than one year old; and
(c)
the medical practitioner who issued it:
(i)
is accredited by the South Pacific Underwater Medicine Society, the Health and Safety Executive of the United Kingdom or the Underwater Hyperbaric Medicine Society; or
(ii)
has completed an appropriate course of training conducted by the Royal Australian Navy or the Royal Adelaide Hospital; or
(iii)
has been approved under the ADAS; and
(d)
before issuing it, the medical practitioner examined the diver in accordance with the Schedule of Minimum Examination Requirements in AS/NZS 2299; and
(e)
immediately after the examination, the medical practitioner entered the details set out in the certificate in the diver’s log book.

Part 10Records4.27Diving operations record

Diving supervisor must maintain diving operations record
(1)
A diving supervisor for a diving operation commits an offence of strict liability if the diving supervisor does not ensure that a diving operations record for the operation is maintained in the form required by subsections (2) and (3).
Penalty: 50 penalty units.
Form of diving operations record
(2)
A diving operations record:
(a)
must be kept in a hard‑covered form bound in such a way that its pages cannot easily be removed; or
(b)
if it is in a form that has multiple copies of each page, must be bound so that at least one copy of each page cannot easily be removed.
(3)
The pages of a diving operations record must be serially numbered.
Diving supervisor must make entries in diving operations record for each day of diving
(4)
The diving supervisor for a diving operation commits an offence of strict liability if the diving supervisor does not ensure that an entry is made in the diving operations record for each day when diving for the diving operation takes place, with the following information about the diving operation on that day:
(a)
the date to which the entry relates;
(b)
the diving contractor’s name and address;
(c)
the name of the diving supervisor, or the names of the diving supervisors, who supervised the operation;
(d)
the location of the diving operation (including, if the diving was done from a vessel or installation, the name of the vessel or installation);
(e)
the name of each person who took part in the diving operation (whether as a diver or as a member of a dive team);
(f)
the name of each person who took part as a diver or stand‑by diver in the diving operation;
(g)
the purpose of the diving operation;
(h)
for each diver—the breathing apparatus and breathing mixture used in the diving operation;
(i)
for each diver—the times at which the diver left the surface, reached the bottom of the dive, left the bottom of the dive and arrived at the surface again, and bottom time;
(j)
for each diver—the maximum depth reached during the dive;
(k)
the decompression schedule followed, including, for each diver, details of the depths and the duration at each depth during decompression;
(l)
details of any emergency or incident of special note that happened during the diving operation;
(m)
details of any decompression illness and any treatment given;
(n)
details of any significant defect or significant failure of diving plant or equipment used in the diving operation;
(o)
details of any environmental factors relevant to the diving operation;
(p)
anything else that is likely to affect the health or safety of anybody who took part in the diving operation.
Penalty: 30 penalty units.
Diving supervisor must sign and print name in diving operations record
(5)
A diving supervisor responsible for a diving operation commits an offence of strict liability if the diving supervisor does not, in the diving operations record for the operation:
(a)
either:
(i)
if the record is in a form that has multiple copies of each page—sign the original of each page of each entry and print the supervisor’s name below the signature; or
(ii)
in any other case—sign each page of each entry and print the supervisor’s name below the signature; or
(b)
if there are 2 or more diving supervisors for the operation—sign those parts of the entry that relate to diving work that the diving supervisor supervised and print the diving supervisor’s name below the signature.
Penalty: 30 penalty units.
Diving contractor must retain diving operations record
(6)
A diving contractor must retain a diving operations record for at least 7 years after the date of the last entry in it.
Strict liability offence
(7)
A person commits an offence of strict liability if the person contravenes subsection (6).
Penalty: 30 penalty units.
Civil penalty provision
(8)
A person is liable to a civil penalty if the person contravenes subsection (6).
Civil penalty: 300 penalty units.

4.28Divers’ log books

(1)
A diver commits an offence of strict liability if the diver does not:
(a)
have a log book in the form required by subsection (2); and
(b)
for each time the diver dives:
(i)
make an entry in the log book, in ink, as required by subsection (3); and
(ii)
sign the entry; and
(iii)
have the diving supervisor for the operation countersign the entry; and
(c)
keep the log book for at least 7 years after the date of the last entry in it.
Penalty: 30 penalty units.
(2)
The log book must:
(a)
have hard covers; and
(b)
be bound so that pages cannot easily be removed; and
(c)
have its pages serially numbered; and
(d)
show the diver’s name; and
(e)
have a clear photograph of the head and shoulders of the diver; and
(f)
have a specimen of the diver’s signature.
(3)
An entry in the log book must contain the following information:
(a)
the date to which the entry relates;
(b)
the location of the dive (and, if the dive was from a ship or installation, the name of the ship or installation);
(c)
the maximum depth reached;
(d)
the times at which the diver left the surface, reached the bottom, left the bottom and arrived at the surface again, and bottom time;
(e)
the breathing apparatus and breathing mixture used;
(f)
the decompression schedule followed;
(g)
the work done and the plant and tools used;
(h)
any decompression illness, barotrauma, discomfort or injury and details of any treatment given;
(i)
details of any emergency or incident;
(j)
anything else relevant to the diver’s health or safety.

Chapter 5Compliance and EnforcementPart 1Preliminary5.1Simplified outline of this Chapter

The civil penalty provisions of this instrument are enforceable under Part 4 of the Regulatory Powers Act. The strict liability offence provisions of this instrument are subject to infringement notices under Part 5 of the Regulatory Powers Act.
The provisions of this instrument are also enforceable using enforceable undertakings under Part 6 of the Regulatory Powers Act and injunctions under Part 7 of the Regulatory Powers Act.
The maximum daily penalty for continuing offences and continuing contraventions of civil penalty provisions is 10% of the maximum penalty, or civil penalty, that can be imposed in respect of those offences and contraventions.
Note: This instrument is a listed NOPSEMA law (see the definition of listed NOPSEMA law in section 601 of the Act and regulation 11B.01 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011). This instrument is subject to monitoring under Part 2 of the Regulatory Powers Act, and offences and civil penalty provisions of this instrument are subject to investigation under Part 3 of the Regulatory Powers Act (see, in particular, sections 602C and 602D of the Act).

5.2Purpose of this Chapter

(1)
This Chapter (except for subsection 5.9(1)) is made for the purposes of section 790A of the Act.
(2)
Section 5.8 is also made for the purposes of section 790 of the Act.
(3)
Subsection 5.9(1) is made for the purposes of section 790 of the Act.

Part 2Civil penalties5.3Civil penalty provisions

Enforceable civil penalty provisions
(1)
Each civil penalty provision of this instrument is enforceable under Part 4 of the Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicant
(2)
For the purposes of Part 4 of the Regulatory Powers Act, the Chief Executive Officer of NOPSEMA is an authorised applicant in relation to the civil penalty provisions of this instrument.
Relevant court
(3)
For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this instrument:
(a)
the Federal Court;
(b)
the Federal Circuit and Family Court of Australia (Division 2);
(c)
the Supreme Court of a State or Territory.

Part 3Infringement notices5.4Infringement notices

Provisions subject to an infringement notice
(1)
The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:
(a)
subsection 2.46A(2);
(b)
subsection 2.47(2);
(c)
subsection 3.17(3);
(d)
subsection 3.20(3);
(e)
subsection 4.20(2);
(f)
subsection 4.20(4);
(g)
subsection 4.27(1);
(h)
subsection 4.27(4);
(i)
subsection 4.27(5);
(j)
subsection 4.27(7);
(k)
subsection 4.28(1).
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.
Infringement officers
(2)
For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1):
(a)
the Chief Executive Officer of NOPSEMA;
(b)
a NOPSEMA inspector.
Relevant chief executive
(3)
For the purposes of Part 5 of the Regulatory Powers Act, the relevant chief executive in relation to an infringement notice is the Chief Executive Officer of NOPSEMA.

Part 4Enforceable undertakings5.5Enforceable undertakings

Enforceable provisions
(1)
The following provisions are enforceable under Part 6 of the Regulatory Powers Act:
(a)
each offence provision of this instrument;
(b)
each civil penalty provision of this instrument.
Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.
Authorised person
(2)
For the purposes of Part 6 of the Regulatory Powers Act, the Chief Executive Officer of NOPSEMA is an authorised person in relation to the provisions mentioned in subsection (1).
When undertaking must not be accepted
(3)
The Chief Executive Officer of NOPSEMA must not accept an undertaking that was given by a person (the first person) under section 114 of the Regulatory Powers Act in response to an alleged contravention of an offence provision of this instrument if:
(a)
the alleged contravention contributed, or may have contributed, to the death of another person; or
(b)
the alleged contravention involved recklessness (within the meaning of the Criminal Code); or
(c)
during the previous 5 years, the first person has been convicted of an offence provision of this instrument that contributed to the death of another person.
(4)
Subsection (3) does not apply if there are exceptional circumstances.
Relevant court
(5)
For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
(a)
the Federal Court;
(b)
the Federal Circuit and Family Court of Australia (Division 2);
(c)
the Supreme Court of a State or Territory.

5.6Publication of enforceable undertakings

(1)
If:
(a)
a person has given an undertaking under section 114 of the Regulatory Powers Act in relation to a provision of this instrument; and
(b)
the undertaking has been accepted by the Chief Executive Officer of NOPSEMA under section 114 of the Regulatory Powers Act; and
(c)
the undertaking has not been withdrawn or cancelled;
the Chief Executive Officer of NOPSEMA must publish the undertaking on NOPSEMA’s website.
(2)
If an undertaking contains personal information (within the meaning of the Privacy Act 1988), the Chief Executive Officer of NOPSEMA must take such steps as are reasonable in the circumstances to ensure that the information is de‑identified before the undertaking is published under subsection (1).
De‑identified information
(3)
For the purposes of this section, information is de‑identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.

Part 5Injunctions5.7Injunctions

Enforceable provisions
(1)
The following provisions are enforceable under Part 7 of the Regulatory Powers Act:
(a)
each offence provision of this instrument;
(b)
each civil penalty provision of this instrument.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.
Authorised person
(2)
For the purposes of Part 7 of the Regulatory Powers Act, the Chief Executive Officer of NOPSEMA is an authorised person in relation to the provisions mentioned in subsection (1).
Relevant court
(3)
For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
(a)
the Federal Court;
(b)
the Federal Circuit and Family Court of Australia (Division 2);
(c)
the Supreme Court of a State or Territory.
Consent injunctions
(4)
A relevant court may grant an injunction under Part 7 of the Regulatory Powers Act in relation to a provision mentioned in subsection (1) by consent of all the parties to proceedings brought under that Part, whether or not the court is satisfied that section 121 of that Act applies.

Part 6Other matters5.8Contravening offence provisions and civil penalty provisions

(1)
This section applies if a provision of this instrument provides that a person contravening another provision of this instrument (the conduct provision) commits an offence or is liable to a civil penalty.
(2)
For the purposes of this instrument, and the Regulatory Powers Act to the extent that it relates to this instrument, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.

5.9Daily penalties for continuing offences and continuing contraventions of civil penalty provisions

Continuing offences
(1)
The maximum penalty for each day that an offence under any of the following provisions continues is 10% of the maximum penalty that can be imposed in respect of that offence:
(a)
subsection 2.32(4);
(b)
subsection 2.46B(5);
(c)
subsection 4.10(5);
(d)
subsection 4.11(7).
Continuing contraventions of civil penalty provisions
(2)
The maximum civil penalty for each day that a contravention referred to in any of the following provisions continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention:
(a)
subsection 2.32(5);
(b)
subsection 2.46B(6);
(c)
subsection 4.10(6);
(d)
subsection 4.11(8).

Chapter 6Transitional, saving and application provisionsPart 1Provisions relating to this instrument as made6.1Definitions

In this Part:
commencement day means the day on which this instrument commences.
old regulations means the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 as in force immediately before the commencement day.

6.2Things done by, or in relation to, NOPSEMA

If, before the commencement day, a thing was done by, or in relation to, NOPSEMA under the old regulations, then the thing is taken, on and after that day, to have been done by, or in relation to, NOPSEMA under this instrument.

6.3Things started but not finished by NOPSEMA

(1)
This section applies if:
(a)
before the commencement day, NOPSEMA started doing a thing under the old regulations; and
(b)
immediately before that day, NOPSEMA had not finished doing that thing.
(2)
NOPSEMA may, on and after the commencement day, finish doing the thing under this instrument.

6.4Instruments made and other things done under the old regulations

(1)
If:
(a)
an instrument (the subordinate instrument) was made for a particular purpose under a provision of the old regulations; and
(b)
the subordinate instrument was in effect or in force immediately before the commencement day; and
(c)
the subordinate instrument could be made for that purpose under a provision of this instrument;
then, despite the repeal of the old regulations by this instrument, the subordinate instrument continues in effect or in force, on and after the commencement day, as if it were made for that purpose under that provision of this instrument.
(2)
If:
(a)
any other thing was done for a particular purpose under the old regulations; and
(b)
the thing could be done for that purpose under this instrument;
the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.
(3)
Without limiting subsection (2), a reference in that subsection to a thing being done includes a reference to a notice being given and an investigation being undertaken.

6.5Conduct, event, circumstances occurring before commencement day

(1)
To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before the commencement day.
(2)
This section does not limit anything in this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).

6.6Operator of a facility before commencement day

A person who was registered (or who continued to be registered) under the old regulations immediately before the commencement day and whose name was not removed from the register before the commencement day continues to be registered as the operator of the facility until NOPSEMA removes the person’s name from the register under section 2.4 of this instrument.

6.7Existing safety cases remain in force

(1)
A safety case (the old safety case) that:
(a)
was accepted, or was taken to have been accepted, by NOPSEMA under the old regulations before the commencement day; and
(b)
was in force immediately before the commencement day;
is taken to be a safety case for a facility that was accepted by NOPSEMA under section 2.26 of this instrument with effect from the date on which it was accepted, or was taken to have been accepted, under the old regulations.
(2)
If the old safety case:
(a)
is taken to be accepted by NOPSEMA in accordance with subsection (1) of this section; and
(b)
is subject to a limitation, condition or restriction imposed under the old regulations;
then the old safety case continues to be subject to the limitation, condition or restriction as if it had been imposed by NOPSEMA under this instrument.
(3)
If an occurrence at a facility was specified in column 1 of item 8 of the table in regulation 2.41 of the old regulations to be a dangerous occurrence then, on and after the commencement day:
(a)
the occurrence is taken to be specified in column 1 of item 8 of the table in section 2.41 of this instrument and declared to be a dangerous occurrence; and
(b)
is taken to be so specified and declared until the old safety case is revised in accordance with this instrument; and
(c)
section 2.42 of this instrument applies to the occurrence accordingly.

6.8Existing DSMS remains in force

A DSMS that:
(a)
was accepted, or was taken to have been accepted, by NOPSEMA under the old regulations before the commencement day; and
(b)
was in force immediately before the commencement;
is taken to be a DSMS that was accepted by NOPSEMA under section 4.5 or 4.6 of this instrument with effect from the date on which it was accepted, or was taken to have been accepted, under the old regulations.

6.9Existing diving project plans remain in force

A diving project plan that:
(a)
was accepted, or was taken to have been accepted, by NOPSEMA under the old regulations before the commencement day; and
(b)
was in force immediately before the commencement day;
is taken to be a diving project plan that was accepted by NOPSEMA under section 4.13 of this instrument with effect from the date on which it was accepted, or was taken to have been accepted, under the old regulations.

6.10Elections for health and safety representatives

Despite the repeal of the old regulations, those regulations continue to apply in relation to an election if:
(a)
the election was commenced under Part 2 of Chapter 3 of the old regulations; and
(b)
the count conducted in respect of the poll for the election had not been completed before the commencement day.

6.11Existing exemptions remain in force

An order issued by NOPSEMA under the old regulations before the commencement day, exempting a person from one or more of the provisions of Part 3 of Schedule 3 to the Act, and in force immediately before the commencement day, is taken:
(a)
to remain in force; and
(b)
to remain subject to any conditions or time limitations to which the order was subject.

Schedule 1Hazardous substances

Note: See section 3.4.

Part 1Definitions1Definitions

In this Schedule:
bona fide research means a systematic, investigative or experimental activity conducted for the purpose of:
(a)
acquiring new knowledge; or
(b)
creating new or improved materials, products, devices, processes or services; or
(c)
analysis to identify the kind or quantities of ingredients in a substance.
in situ means:
(a)
in relation to a facility that contains asbestos—that the asbestos was fixed or installed in the facility:
(i)
before 1 January 2005; and
(ii)
in such a way that the asbestos does not constitute a risk to any person unless the asbestos is disturbed; and
(b)
in relation to an item of plant—that the asbestos was fixed or installed in the item of plant:
(i)
before 1 January 2005; and
(ii)
in such a way that the asbestos does not constitute a risk to any person unless the asbestos is disturbed.

Part 2Permitted circumstances for using certain hazardous substances2Permitted circumstances – certain hazardous substances

The following table sets out permitted circumstances for using certain hazardous substances.

Item

Column 1

Substance (identified by substance name)

Column 2

Permitted circumstance

201

Polychlorinated biphenyls (also known as PCBs)

1 Handling for storage prior to removal or disposal

2 Storage prior to removal or disposal

3 Removal or disposal

4 Use when contained in existing electrical equipment or construction material
5 Repair of existing electrical equipment or construction material

Part 3Permitted circumstances for using certain hazardous substances with carcinogenic properties3Permitted circumstances – certain hazardous substances with carcinogenic properties

The following table sets out circumstances for using certain hazardous substances with carcinogenic properties.

Item	Column 1 Substance (identified by substance name, with chemical abstract number in square brackets)	Column 2 Permitted circumstance
301	2‑Acetylaminofluorene [53‑96‑3]	Bona fide research
302	Aflatoxins	Bona fide research
303	4‑Aminodiphenyl [92‑67‑1]	Bona fide research
304	Amosite (brown asbestos) [12172‑73‑5]	1 Bona fide research 2 Handling for storage prior to removal or disposal of amosite 3 Storage prior to removal or disposal of amosite 4 Removal or disposal of amosite in accordance with a law of a State or Territory relating to the removal of asbestos 5 Disturbance of naturally occurring amosite that is incidental to operations not related to the extraction or processing of amosite, for example, roadworks 6 Use of a facility that contains amosite, or use of an item of plant that is attached to a facility and that contains amosite, if: (a) the amosite is in situ; and (b) the use does not disturb the amosite
305	Benzidine [92‑87‑5] and its salts, including benzidine dihydrochloride [531‑85‑1]	Bona fide research
306	bis(Chloromethyl) ether [542‑88‑1]	Bona fide research
307	Chloromethyl methyl ether (technical grade containing bis(chloromethyl) ether) [107‑30‑2]	Bona fide research
308	Crocidolite (blue asbestos) [12001‑28‑4]	1 Bona fide research 2 Handling for storage prior to removal or disposal of crocidolite 3 Storage prior to removal or disposal of crocidolite 4 Removal or disposal of crocidolite in accordance with a law of a State or Territory relating to the removal of asbestos 5 Disturbance of naturally occurring crocidolite that is incidental to operations not related to the extraction or processing of crocidolite, for example, roadworks 6 Use (without disturbance) of crocidolite in products that are in situ
309	4‑Dimethylaminoazo‑benzene [60‑11‑7]	Bona fide research
310	2‑Naphthylamine [91‑59‑8] and its salts	Bona fide research
311	4‑Nitrodiphenyl [92‑93‑3]	Bona fide research
312	Actinolite asbestos [77536‑66‑4]	1 Bona fide research 2 Handling for storage prior to removal or disposal of actinolite 3 Storage prior to removal or disposal of actinolite
4 Removal or disposal of actinolite in accordance with a law of a State or Territory relating to the removal of asbestos 5 Disturbance of naturally occurring actinolite that is incidental to operations not related to the extraction or processing of actinolite, for example, roadworks 6 Use (without disturbance) of actinolite in products that are in situ
313	Anthophyllite asbestos [77536‑67‑5]	1 Bona fide research 2 Handling for storage prior to removal or disposal of anthophyllite 3 Storage prior to removal or disposal of anthophyllite 4 Removal or disposal of anthophyllite in accordance with a law of a State or Territory relating to the removal of asbestos 5 Disturbance of naturally occurring anthophyllite that is incidental to operations not related to the extraction or processing of anthophyllite, for example, roadworks 6 Use (without disturbance) of anthophyllite in products that are in situ
314	Chrysotile (white asbestos) [12001‑29‑5]	1 Bona fide research 2 Handling for storage prior to removal or disposal of chrysotile 3 Storage prior to removal or disposal of chrysotile
4 Removal or disposal of chrysotile in accordance with a law of a State or Territory relating to the removal of asbestos 5 Disturbance of naturally occurring chrysotile that is incidental to operations not related to the extraction or processing of chrysotile, for example, roadworks 6 Use (without disturbance) of chrysotile in products that are in situ
315	Tremolite asbestos [77536‑68‑6]	1 Bona fide research 2 Handling for storage prior to removal or disposal of tremolite 3 Storage prior to removal or disposal of tremolite 4 Removal or disposal of tremolite in accordance with a law of a State or Territory relating to the removal of asbestos 5 Disturbance of naturally occurring tremolite that is incidental to operations not related to the extraction or processing of tremolite, for example, roadworks 6 Use (without disturbance) of tremolite in products that are in situ

Note: This Part sets out the prohibitions and permitted uses that apply to all Australian workplaces under a national agreement. However, not all items and permitted uses are relevant to offshore petroleum operations or offshore greenhouse gas operations.