Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Amendment Regulations 2019 (WA)

3198 GOVERNMENT GAZETTE, WA 6 September 2019

MINERALS AND PETROLEUM

MP301

Petroleum and Geothermal Energy Resources Act 1967

Petroleum and Geothermal Energy Resources

(Hydraulic Fracturing) Amendment

Regulations 2019

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Petroleum and Geothermal Energy

Resources (Hydraulic Fracturing) Amendment

Regulations 2019.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.

3.             Regulations amended

These regulations amend the Petroleum and Geothermal Energy
Resources (Hydraulic Fracturing) Regulations 2017.

4.             Regulation 3 amended

In regulation 3 insert in alphabetical order:

Dampier Peninsula hydraulic fracturing ban area

means the area described in Schedule 1 Division 1
(a map of which is included for information purposes

in Schedule 1 Division 2);

moratorium area means an area of the State that is

not —

(a)	an existing petroleum authority area as defined in regulation 3A(1); or
(b)	an area referred to in regulation 4;

moratorium period means the period beginning on 9 December 2017 and ending on the day on which regulation 5 is repealed;

public drinking water source area means —

(a)

a catchment area or water reserve constituted Act 1947 section 9(1); or

6 September 2019 GOVERNMENT GAZETTE, WA 3199

(b)	a catchment area or water reserve constituted under the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 section 13; or
(c)	an Underground Water Pollution Control Area constituted under the Metropolitan Water

Supply, Sewerage, and Drainage Act 1909

section 57A;

5.             Regulation 3A inserted

After regulation 3 insert:

3A.	Existing petroleum authority area
(1)	An area of the State is an existing petroleum authority
area if —

(a)	there was a petroleum authority in force in respect of the area on 26 November 2018; and
(b)	in the period since that day there has always been a petroleum authority in force in respect of the area; and
(c)	there is currently a petroleum authority in force in respect of the area.

(2) For the purposes of subregulation (1) it does not matter
that different petroleum authorities have been in force
in respect of the area at different times.

6.             Regulation 4 amended

In regulation 4:

(a) in paragraph (c) delete “region.” and insert:

region;

(b)

after paragraph (c) insert:

(d)	the Dampier Peninsula hydraulic fracturing ban area;
(e)	a national park as defined in the Conservation and Land Management Act 1984 section 3;
(f)	a public drinking water source area;
(g)	an area that is within 2 km of a public drinking water source area.

3200 GOVERNMENT GAZETTE, WA 6 September 2019

7.             Regulation 5 amended

Delete regulation 5(1).

8.             Schedule 1 inserted

After regulation 5 insert:

Schedule 1 — Dampier Peninsula hydraulic

fracturing ban area

[r. 3]

Division 1 — Description of area

The Dampier Peninsula hydraulic fracturing ban area is the

area of the State bounded by a line that —

(a)	starts at a point that is the intersection of 17°29'55.01" south latitude and 122°35'04.55" east longitude;
(b)	then continues south along the meridian to the intersection of 17°44'55.02" south latitude and 122°35'04.56" east longitude;
(c)	then continues west along the parallel to the intersection of 17°44'55.02" south latitude and 122°25'04.58" east longitude;
(d)	then continues south along the meridian to the intersection of 17°59'55.04" south latitude and 122°25'04.58" east longitude;
(e)	then continues west along the parallel to the intersecting point on the coastline at mean low water at 17°59'55.04" south latitude;
(f)	then continues along the coastline at mean low water generally westerly, then generally northerly, then generally north easterly, then generally south easterly to the intersecting point at 17°29'54.98" south latitude;
(g)	then continues west along the parallel returning to the starting point.

6 September 2019 GOVERNMENT GAZETTE, WA 3201

Division 2 — Map of area (for information purposes only)

C. BARRON, Clerk of the Executive Council.

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