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

28 September 2012 GOVERNMENT GAZETTE, WA 4655

MINERALS AND PETROLEUM

MP301*

Petroleum and Geothermal Energy Safety Levies Act 2011

Petroleum and Geothermal Energy Safety

Levies Amendment Regulations 2012

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Petroleum and Geothermal Energy
Safety Levies Amendment Regulations 2012.

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 on which the provisions of the Petroleum and Geothermal Energy Safety Levies Amendment Act 2012, other than sections 1 and 2, come into operation.

3.             Regulations amended

These regulations amend the Petroleum and Geothermal Energy
Safety Levies Regulations 2011.

4.             Regulation 3 amended

(1)	In regulation 3 delete the definitions of:
complexity rating operation safety system
(2)	In regulation 3 insert in alphabetical order:

complexity rating means —

(a) for a class of safety system other than a facility safety case — the number specified opposite the class in the second column of the Table in Schedule 1;

4656 GOVERNMENT GAZETTE, WA 28 September 2012

(b) for a class of facility safety case — the number specified opposite the class in the third column of the Table in Schedule 1;

facility safety case means a safety case that relates to a

facility;

operation means —

(a) a petroleum operation; or

(b) a geothermal energy operation; or

(c) a pipeline operation; or

(d) an offshore petroleum operation as defined in the Petroleum (Submerged Lands) Act 1982 section 4;

safety system means —

(a) a safety management system; or

(b) a safety case; or
(c) an accepted DSMS; or
(d) a pipeline management plan;

5.             Regulation 5 amended

(1) In regulation 5(2):

(a) delete “$12 453;” and insert:

$11 600;

(b)	delete “safety system was in force” and insert:
operation to which the safety system relates was carried out

(2) In regulation 5(3)(a):

(a) delete “$12 453;” and insert:

$11 600;

(b)	delete “days in” and insert:
days the operation to which the safety system relates was carried out during

28 September 2012 GOVERNMENT GAZETTE, WA 4657

6.             Regulation 7 amended

(1)	In regulation 7(1) in the definition of relevant period delete “a part” and insert:
the relevant part
(2)	Delete regulation 7(2) and insert:
(2) This regulation applies if a safety levy is payable in respect of a safety system.
(3)	In regulation 7(3) delete “levy period,” and insert:
levy period to which the levy amount relates,
(4)	In regulation 7(5):

(a)	delete paragraph (c) and insert:
(c) the level of risk to —

(i)      the occupational safety and health of persons engaged in the operation; and

(ii)      in the case of a petroleum operation, geothermal energy operation or pipeline operation — to the safety and health of other protected persons,

arising from the operation;

(b)	in paragraph (d) delete “being”;
(c)	in paragraph (d) before “facilities” insert:

any

(d)	in paragraph (d)(i) delete “1967 or the Petroleum Pipelines Act 1969);” and insert:
1967, the Petroleum Pipelines Act 1969 or the Petroleum (Submerged Lands) Act 1982);

7.             Regulation 8 amended

In regulation 8(2)(c) delete “that the safety system was in force”
and insert:

the operation to which the safety system relates was carried out

4658 GOVERNMENT GAZETTE, WA 28 September 2012

8.             Regulation 10 amended

In regulation 10(2)(f) delete “that the safety system was in
force” and insert:

the operation to which the safety system relates was carried out

9.             Part 7 inserted

After regulation 19 insert:

Part 7 — Transitional provisions

20. Transitional provision for Petroleum and Regulations 2012

Levy amounts for the levy period ending on
30 September 2012 are to be worked out and assessed
in accordance with these regulations as in force
immediately before the commencement of the
Petroleum and Geothermal Energy Safety Levies
Amendment Regulations 2012 (other than regulations 1
and 2).

10.           Schedule 1 replaced

Delete Schedule 1 and insert:

Schedule 1 — Complexity ratings

[r. 3]

Class	Complexity ratings for	Complexity ratings for
safety system other than	facility safety case
facility safety case
Class A	21	30
Class B	15	22
Class C	10	15
Class D	6	10
Class E	3	5
Class F	1	2

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.