Petroleum and Geothermal Energy Safety Levies Amendment Act 2012 (WA)

Case
No judgment structure available for this case.

Western Australia

Petroleum and Geothermal Energy Safety Levies Amendment Act 2012

Western Australia

Petroleum and Geothermal Energy Safety Levies Amendment Act 2012

CONTENTS

1.

Short title

2

2.

Commencement

2

3.

Act amended

2

4.

Long title amended

2

5.

Section 3 amended

2

6.

Part 2 Division 2 heading amended

6

7.

Section 8 amended

6

8.

Section 9 amended

6

9.

Part 2 Divisions 3, 4 and 5 inserted

7

Division 3 — Facility safety case levy

10A.

Facility safety case levy

7

10B.

Liability for payment of facility safety case

levy

7

10C.

Amount of facility safety case levy

7

Division 4 — Pipeline management plan levy

10D.

Pipeline management plan levy

8

10E.

Liability for payment of pipeline

management plan levy

8

10F.

Amount of pipeline management plan levy

8

Division 5 — DSMS levy

10G.

DSMS levy

8

10H.

Liability for payment of DSMS levy

9

10I.

Amount of DSMS levy

9

10.

Section 10 amended

9

11.

Section 21 amended

9

12.

Section 26 amended

10

Western Australia

Petroleum and Geothermal Energy Safety Levies Amendment Act 2012

No. 19 of 2012

An Act to amend the Petroleum and Geothermal Energy Safety Levies

Act 2011.

[Assented to 3 July 2012]

The Parliament of Western Australia enacts as follows:

Petroleum and Geothermal Energy Safety Levies Amendment Act 2012

s. 1

1.             Short title

This is the Petroleum and Geothermal Energy Safety Levies

Amendment Act 2012.

2.             Commencement

This Act comes into operation as follows —

(a)

sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b)

the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3.             Act amended

This Act amends the Petroleum and Geothermal Energy Safety

Levies Act 2011.

4.             Long title amended

In the long title delete “operations and pipeline operations,”

and insert:

operations, pipeline operations and offshore petroleum

operations,

5.             Section 3 amended

(1)

In section 3 delete the definitions of:

operator

PGERA regulations

PPA regulations

revised safety case

safety case

safety case in force

safety case levy

Petroleum and Geothermal Energy Safety Levies Amendment Act 2012

s. 5

(2)

In section 3 insert in alphabetical order:

accepted DSMS means a DSMS, as defined in the

Petroleum (Submerged Lands) (Diving Safety)

Regulations 2007, that —

(a)

has been accepted by the Minister responsible for the administration of the Petroleum (Submerged Lands) Act 1982; and

(b)

is current for the purposes of those regulations;

diving contractor has the meaning given in the Petroleum (Submerged Lands) (Diving Safety) Regulations 2007;

diving safety management system means a DSMS as defined in the Petroleum (Submerged Lands) (Diving Safety) Regulations 2007;

DSMS levy means the levy referred to in section 10G;

facility has the meaning given in the Petroleum

(Submerged Lands) Act 1982 section 4;

facility safety case levy means the levy referred to in

section 10A;

operator —

(a)

in relation to a petroleum operation or geothermal energy operation, has the same meaning as in the Petroleum and Geothermal Energy Resources Act 1967; or

(b)

in relation to a facility, has the meaning given in the Petroleum (Submerged Lands) Act 1982 Schedule 5 clause 3;

PGERA regulations means the Petroleum and

Geothermal Energy Resources (Management of Safety)

Regulations 2010;

pipeline has the meaning given in the Petroleum

(Submerged Lands) Act 1982 section 4;

Petroleum and Geothermal Energy Safety Levies Amendment Act 2012

s. 5

pipeline licensee, in relation to a pipeline, has the

meaning given in the Petroleum (Submerged Lands)

Act 1982 section 4;

pipeline management plan has the same meaning as in

the Petroleum (Submerged Lands) (Pipelines)

Regulations 2007;

pipeline management plan in force, in relation to a

pipeline, means a pipeline management plan or a

revised pipeline management plan —

(a)

that has been accepted in relation to the pipeline by the Minister responsible for the administration of the Petroleum (Submerged Lands) Act 1982; and

(b)

the acceptance of which has not been withdrawn;

pipeline management plan levy means the levy

referred to in section 10D;

pipeline safety case levy means the levy referred to in

section 7;

PPA regulations means the Petroleum Pipelines

(Management of Safety of Pipeline Operations)

Regulations 2010;

revised pipeline management plan has the same meaning as in the Petroleum (Submerged Lands) (Pipelines) Regulations 2007;

revised safety case —

(a)

in relation to a pipeline operation, has the same meaning as in the PPA regulations; or

(b)

in relation to a facility, has the same meaning as in the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 2007;

Petroleum and Geothermal Energy Safety Levies Amendment Act 2012

s. 5

safety case —

(a)

in relation to a pipeline operation, has the same meaning as in the PPA regulations; or

(b)

in relation to a facility, has the same meaning as in the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 2007;

safety case in force —

(a)

in relation to a pipeline operation, means a safety case or revised safety case —

(i)      that has been accepted in relation to the operation by the Minister responsible for the administration of the Petroleum Pipelines Act 1969; and

(ii)      the acceptance of which has not been withdrawn,

and includes any condition imposed under the

PPA regulations in respect of the operation;

or

(b)

in relation to a facility, means a safety case or revised safety case —

(i)      that has been accepted in relation to the facility by the Minister responsible for the administration of the Petroleum

(Submerged Lands) Act 1982; and

(ii)      the acceptance of which has not been withdrawn,

and includes any condition imposed under the

Petroleum (Submerged Lands) (Management of

Safety on Offshore Facilities) Regulations 2007

in respect of the facility or activities at the

facility;

Petroleum and Geothermal Energy Safety Levies Amendment Act 2012

s. 6

(3)

In section 3 in the definition of revised safety management

system delete “it has”.

(4)

In section 3 in the definition of safety levy delete paragraph (b)

and insert:

(b)

the pipeline safety case levy; or

(c)

the facility safety case levy; or

(d)

the pipeline management plan levy; or

(e) the DSMS levy;

(5)

In section 3 in the definition of safety management system

delete “it has”.

6.             Part 2 Division 2 heading amended

In the heading to Part 2 Division 2 delete “Safety” and insert:

Pipeline safety

7.             Section 8 amended

In section 8 after “pay the” insert:

pipeline

Note:

The heading to amended section 8 is to read:

Liability for payment of pipeline safety case levy

8.             Section 9 amended

(1)

In section 9(1) after “amount of ” insert:

pipeline

Petroleum and Geothermal Energy Safety Levies Amendment Act 2012

s. 9

(2)

In section 9(2) after “amounts of ” (each occurrence) insert:

pipeline

Note:

The heading to amended section 9 is to read:

Amount of pipeline safety case levy

9.             Part 2 Divisions 3, 4 and 5 inserted

At the end of Part 2 insert:

Division 3 — Facility safety case levy

10A.

Facility safety case levy

(1)

If, for the whole or a part of a levy period, there is a safety case in force for a facility, a levy is payable in respect of the safety case.

(2)

The levy is payable in accordance with the regulations.

10B.

Liability for payment of facility safety case levy

The person liable to pay the facility safety case levy in

respect of a safety case in force for a facility is the

operator of the facility.

10C.

Amount of facility safety case levy

(1)

The amount of facility safety case levy payable is the

amount that is specified in, or worked out in

accordance with, the regulations.

(2)

The regulations may specify different amounts of

facility safety case levy, or different means of working

out amounts of facility safety case levy, for different

classes of safety case.

Petroleum and Geothermal Energy Safety Levies Amendment Act 2012

s. 9

Division 4 — Pipeline management plan levy

10D.

Pipeline management plan levy

(1)

If, for the whole or a part of a levy period, there is a pipeline management plan in force for a pipeline, a levy is payable in respect of the pipeline management

plan.

(2)

The levy is payable in accordance with the regulations.

10E.

Liability for payment of pipeline management plan

levy

The person liable to pay the pipeline management plan levy in respect of a pipeline management plan in force for a pipeline is the pipeline licensee for the pipeline.

10F.

Amount of pipeline management plan levy

(1)

The amount of pipeline management plan levy payable

is the amount that is specified in, or worked out in

accordance with, the regulations.

(2)

The regulations may specify different amounts of

pipeline management plan levy, or different means of

working out amounts of pipeline management plan

levy, for different classes of pipeline management plan.

Division 5 — DSMS levy

10G.

DSMS levy

(1)

If, for the whole or a part of a levy period, there is an

accepted DSMS, a levy is payable in respect of the

accepted DSMS.

(2)

The levy is payable in accordance with the regulations.

Petroleum and Geothermal Energy Safety Levies Amendment Act 2012

s. 10

10H.

Liability for payment of DSMS levy

The person liable to pay the DSMS levy in respect of an accepted DSMS is the diving contractor to whom the accepted DSMS relates.

10I.

Amount of DSMS levy

(1)

The amount of DSMS levy payable is the amount that is specified in, or worked out in accordance with, the regulations.

(2)

The regulations may specify different amounts of

DSMS levy, or different means of working out

amounts of DSMS levy, for different classes of diving

safety management system.

10.           Section 10 amended

In section 10(2) delete “1967 or the Petroleum Pipelines

Act 1969.” and insert:

1967, the Petroleum Pipelines Act 1969 or the Petroleum

(Submerged Lands) Act 1982.

11.           Section 21 amended

In section 21(3):

(a)

in paragraph (c) delete “section 4(1).” and insert:

section 4(1);

Petroleum and Geothermal Energy Safety Levies Amendment Act 2012

s. 12

(b)

after paragraph (c) insert:

(d)

each listed OSH law as defined in the Petroleum (Submerged Lands) Act 1982 section 4.

12.           Section 26 amended

In section 26(2) delete paragraphs (b) and (c) and insert:

(b)

management systems, safety cases, pipeline

provide for the classification of safety management systems; and

(c)

without limiting paragraph (b), authorise or require the CEO to determine the classification of a safety management system, safety case, pipeline management plan or diving safety management system for the purposes of assessing the amount of safety levy payable in respect of the safety management system, safety case, pipeline management plan or diving safety management system, as the case requires; and

Note:

The heading to section 7 is to read:

Pipeline safety case levy

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0