Petroleum Legislation Amendment and Repeal Act 2005 (WA)
Western Australia
Petroleum Legislation Amendment and Repeal
Act 2005
Western Australia
Petroleum Legislation Amendment and Repeal
Act 2005
CONTENTS
Part 1 — Preliminary
| 1. | Short title | 2 |
| 2. | Commencement | 2 |
| Part 2 — Petroleum Act 1967 | ||
| 3. | The Act amended | 3 |
| 4. | Section 5 amended | 3 |
| 5. | Section 7AA inserted | 7 |
| 7AA. | Disapplication of State occupational safety | |
|
| 6. | Section 83 repealed | 7 |
| 7. | Section 91 amended | 7 |
| 8. | Section 117A inserted | 8 |
| 117A. | Interfering with petroleum operation | 8 |
| 9. | Section 118 amended | 8 |
| 10. | Section 119 amended | 8 |
| 11. | Section 119A inserted | 9 |
| 119A. | Protection from liability for wrongdoing | 9 |
| 12. | Section 125 amended | 9 |
| 13. | Section 126A inserted | 9 |
| 126A. | Evidentiary matters | 9 |
| 14. | Part IIIA inserted | 11 |
| Part IIIA — Occupational safety and health |
| 149A. | Occupational safety and health | 11 |
| 149B. | Regulations relating to occupational safety | |
| and health | 11 |
Petroleum Legislation Amendment and Repeal Act 2005
Contents
| 149C. | Minister’s occupational safety and health | |
|
| 15. | Section 153 amended | 13 |
| 16. | Various sections amended to delete “the | |
| regulations” (Interpretation Act 1984 s. 46) | 13 | |
| 17. | Schedule replaced with Schedule 1 | 14 |
| Schedule 1 — Occupational safety and health | ||
| Division 1 — Introduction |
| 1. | Objects | 14 |
| 2. | Simplified outline | 15 |
| 3. | Definitions | 16 |
| 4. | Operator must ensure presence of | |
| operator’s representative | 19 | |
| 5. | Safety and health of persons using an | |
| accommodation amenity | 19 | |
| 6. | Contractor | 19 |
Division 2 — Occupational safety and health
Subdivision 1 — Duties relating to occupational
safety and health
| 7. | Duties of operator | 20 |
| 8. | Duties of persons in control of parts of | |
| petroleum operation | 22 | |
| 9. | Duties of employers | 23 |
| 10. | Duties of manufacturers in relation to plant | |
| and substances | 25 | |
| 11. | Duties of suppliers of facilities, plant and | |
| substances | 26 | |
| 12. | Duties of persons erecting facilities or | |
| installing plant | 28 | |
| 13. | Duties of persons in relation to | |
| occupational safety and health | 29 | |
| 14. | Reliance on information supplied or results | |
| of research | 30 |
Subdivision 2 — Regulations relating to
occupational safety and health
15. Regulations relating to occupational safety
|
Division 3 — Workplace arrangements
Subdivision 1 — Introduction
| 16. | Simplified outline | 33 |
Subdivision 2 — Designated work groups
17. Establishment of designated work groups
|
18. Establishment of designated work groups
|
Petroleum Legislation Amendment and Repeal Act 2005
Contents
19. Variation of designated work groups by
|
20. Variation of designated work groups at
|
21. Referral of disagreement to reviewing
|
22. Manner of grouping members of the
|
Subdivision 3 — Safety and health representatives
23. Selection of safety and health
|
24. Election of safety and health
| |||
| 25. |
| ||
| 26. |
| ||
| 27. |
|
28. Training of safety and health
|
29. Resignation etc. of safety and health
|
30. Disqualification of safety and health
| |||
| 31. |
|
32. Powers of safety and health
| |||
| 33. |
| ||
| 34. |
|
35. Obligations and liabilities of safety and
| |||
| 36. |
| ||
| 37. |
|
38. Duties of the operator and other
employers in relation to safety and health
|
Subdivision 4 — Safety and health committees
| 39. | Safety and health committees | 55 |
| 40. | Functions of safety and health committees | 56 |
| 41. | Duties of the operator and other | |
| employers in relation to safety and health | ||
| committees | 58 |
Subdivision 5 — Emergency procedures
42. Action by safety and health
| |||
| 43. |
|
Subdivision 6 — Exemptions
| 44. | Exemptions | 61 |
Petroleum Legislation Amendment and Repeal Act 2005
Contents
Division 4 — Inspections
Subdivision 1 — Introduction
| 45. | Simplified outline | 61 |
| 46. | Powers, functions and duties of inspectors | 62 |
Subdivision 2 — Inspections
| 47. | Inspections | 62 |
Subdivision 3 — Powers of inspectors in relation to
the conduct of inspections
48. Powers of entry and search — places at
|
49. Powers of entry and search — regulated
business premises (other than places
|
50. Powers of entry and search — premises
|
51. Warrant to enter premises (other than
| |||
| 52. |
|
53. Power to require assistance and
|
54. Power to require the answering of
questions and the production of
| |||
| 55. |
|
56. Power to take possession of plant, take
|
57. Power to direct that workplace etc. not be
| |||
| 58. |
| ||
| 59. |
| ||
| 60. |
| ||
| 61. |
|
62. Notices not to be tampered with or
|
Subdivision 4 — Reports on inspections
| 63. | Reports on inspections | 79 |
Subdivision 5 — Reviews of inspectors’ decisions
| 64. | Reviews of inspectors’ decisions | 80 |
| 65. | Powers of reviewing authority on review | 83 |
Division 5 — Referrals to the Tribunal
| 66. | Decision may be referred to Tribunal | 84 |
| 67. | Determination by Tribunal | 84 |
| 68. | Effect of pending review by Tribunal | 85 |
| 69. | Jurisdiction of Tribunal | 85 |
Division 6 — General
70. Notifying and reporting accidents and
|
Petroleum Legislation Amendment and Repeal Act 2005
Contents
71. Records of accidents and dangerous
| |||
| 72. |
| ||
| 73. |
| ||
| 74. |
|
75. No charges to be levied on members of
| |||
| 76. |
| ||
| 77. |
|
78. Conduct of directors, employees and
| |||
| 79. |
|
80. Circumstances preventing compliance
| |||
| 81. |
|
Part 3 — Petroleum Pipelines
Act 1969
| 18. | The Act amended | 95 |
| 19. | Section 4 amended | 95 |
| 20. | Section 5AA inserted | 96 |
| 5AA. | Disapplication of State occupational safety | |
|
| 21. | Section 36A amended | 96 |
| 22. | Section 55 repealed | 97 |
| 23. | Part IVA inserted | 97 |
| Part IVA — Occupational safety and health |
| 56A. | Occupational safety and health | 97 |
| 56B. | Regulations relating to occupational safety | |
| and health | 97 | |
| 56C. | Minister’s occupational safety and health | |
| functions | 98 |
| 24. | Section 61 amended | 98 |
| 25. | Section 62 amended | 99 |
| 26. | Section 63 amended | 99 |
| 27. | Section 63A inserted | 99 |
| 63A. | Protection from liability for wrongdoing | 99 |
| 28. | Section 65 replaced | 100 |
| 65. | Interfering with pipeline operation | 100 |
29. Sections 66BA and 66BB inserted and transitional
| ||
|
| against this Act (including the regulations) | 100 |
| 66BB. | Evidentiary matters | 101 |
| 30. | Section 67 amended | 102 |
Petroleum Legislation Amendment and Repeal Act 2005
Contents
31. Various sections amended to delete “or the
| |||
| 32. |
|
Schedule 1 — Occupational safety and health
Division 1 — Introduction
| |||||||||
|
| licensee’s representative | 108 |
5. Safety and health of persons using an
| |||
| 6. |
|
Division 2 — Occupational safety and health
Subdivision 1 — Duties relating to occupational
safety and health
| 7. | Duties of licensee | 109 |
| 8. | Duties of persons in control of parts of | |
| pipeline operation | 112 | |
| 9. | Duties of employers | 112 |
| 10. | Duties of manufacturers in relation to plant | |
| and substances | 114 | |
| 11. | Duties of suppliers of pipelines, plant and | |
| substances | 116 | |
| 12. | Duties of persons constructing pipelines or | |
| installing plant | 118 | |
| 13. | Duties of persons in relation to | |
| occupational safety and health | 118 | |
| 14. | Reliance on information supplied or results | |
| of research | 119 |
Subdivision 2 — Regulations relating to
occupational safety and health
15. Regulations relating to occupational safety
|
Division 3 — Workplace arrangements
Subdivision 1 — Introduction
| 16. | Simplified outline | 123 |
Subdivision 2 — Designated work groups
17. Establishment of designated work groups
|
18. Establishment of designated work groups
|
19. Variation of designated work groups by
|
Petroleum Legislation Amendment and Repeal Act 2005
Contents
20. Variation of designated work groups at
|
21. Referral of disagreement to reviewing
|
22. Manner of grouping members of the
|
Subdivision 3 — Safety and health representatives
23. Selection of safety and health
|
24. Election of safety and health
| |||
| 25. |
| ||
| 26. |
| ||
| 27. |
|
28. Training of safety and health
|
29. Resignation etc. of safety and health
|
30. Disqualification of safety and health
| |||
| 31. |
|
32. Powers of safety and health
| |||
| 33. |
| ||
| 34. |
|
35. Obligations and liabilities of safety and
| |||
| 36. |
| ||
| 37. |
|
38. Duties of the licensee and other
employers in relation to safety and health
|
Subdivision 4 — Safety and health committees
| 39. | Safety and health committees | 144 |
| 40. | Functions of safety and health committees | 146 |
| 41. | Duties of the licensee and other | |
| employers in relation to safety and health | ||
| committees | 147 |
Subdivision 5 — Emergency procedures
42. Action by safety and health
| |||
| 43. |
|
Subdivision 6 — Exemptions
| 44. | Exemptions | 150 |
Petroleum Legislation Amendment and Repeal Act 2005
Contents
Division 4 — Inspections
Subdivision 1 — Introduction
| 45. | Simplified outline | 151 |
| 46. | Powers, functions and duties of inspectors | 151 |
Subdivision 2 — Inspections
| 47. | Inspections | 152 |
Subdivision 3 — Powers of inspectors in relation to
the conduct of inspections
48. Powers of entry and search — places at
|
49. Powers of entry and search — regulated
business premises (other than places
|
50. Powers of entry and search — premises
|
51. Warrant to enter premises (other than
| |||
| 52. |
|
53. Power to require assistance and
|
54. Power to require the answering of
questions and the production of
| |||
| 55. |
|
56. Power to take possession of plant, take
|
57. Power to direct that workplace etc. not be
| |||
| 58. |
| ||
| 59. |
| ||
| 60. |
| ||
| 61. |
|
62. Notices not to be tampered with or
|
Subdivision 4 — Reports on inspections
| 63. | Reports on inspections | 168 |
Subdivision 5 — Reviews of inspectors’ decisions
| 64. | Reviews of inspectors’ decisions | 170 |
| 65. | Powers of reviewing authority on review | 173 |
Division 5 — Referrals to the Tribunal
| 66. | Decision may be referred to Tribunal | 173 |
| 67. | Determination by Tribunal | 174 |
| 68. | Effect of pending review by Tribunal | 175 |
| 69. | Jurisdiction of Tribunal | 175 |
Division 6 — General
70. Notifying and reporting accidents and
|
Petroleum Legislation Amendment and Repeal Act 2005
Contents
71. Records of accidents and dangerous
| |||
| 72. |
| ||
| 73. |
| ||
| 74. |
|
75. No charges to be levied on members of
| |||
| 76. |
| ||
| 77. |
|
78. Conduct of directors, employees and
| |||
| 79. |
|
80. Circumstances preventing compliance
| |||
| 81. |
|
Part 4 — Petroleum (Submerged
Lands) Act 1982
| 33. | The Act amended | 184 |
| 34. | Section 4 amended | 184 |
| 35. | Section 11 amended | 185 |
| 36. | Part IIA inserted | 185 |
| Part IIA — Application of laws |
| 15A. | Disapplication of State occupational safety | |
|
| 37. | Section 89 repealed | 186 |
| 38. | Section 97 amended | 186 |
| 39. | Section 124B inserted | 187 |
| 124B. | Interfering with offshore petroleum | |
|
| 40. | Section 125 amended | 188 |
| 41. | Section 126 amended | 188 |
| 42. | Section 126A inserted | 188 |
| 126A. | Protection from liability for wrongdoing | 188 |
| 43. | Section 137A inserted | 189 |
| 137A. | Evidentiary matters | 189 |
| 44. | Part IIIA inserted | 191 |
| Part IIIA — Occupational safety and health Division 1 — Introduction |
| 151A. | Definitions | 191 |
| 151B. | Occupational safety and health | 191 |
| 151C. | Listed OSH laws | 191 |
| 151D. | Regulations relating to occupational safety | |
| and health | 192 |
Petroleum Legislation Amendment and Repeal Act 2005
Contents
Division 2 — Functions and powers of the
Safety Authority
| 151E. | Safety Authority’s functions | 193 |
| 151F. | Safety Authority’s ordinary powers | 194 |
| 151G. | Judicial notice of seal | 195 |
Division 3 — Safety Authority Board
| 151H. | Functions of the Board | 195 |
| 151I. | Powers of the Board | 196 |
| 151J. | Validity of decisions | 196 |
Division 4 — Chief Executive Officer and staff of the
Safety Authority
| 151K. | CEO acts for Safety Authority | 197 |
| 151L. | Working with the Board | 197 |
| 151M. | Delegation | 197 |
| 151N. | Safety Authority may use State | |
| government staff | 198 |
Division 5 — Other Safety Authority provisions 151O. Minister may require the Safety Authority
| to prepare reports or give information | 198 |
| 151P. | Directions to the Safety Authority | 199 |
| 151Q. | Reviews of operations of Safety Authority | 199 |
| 45. | Section 152 amended | 200 |
| 46. | Various sections amended to delete “the | |
| regulations” (Interpretation Act 1984 s. 46) | 201 | |
| 47. | Schedule 5 inserted | 202 |
| Schedule 5 — Occupational safety and health | ||
| Division 1 — Introduction |
| 1. | Objects | 202 |
| 2. | Simplified outline | 202 |
| 3. | Definitions | 204 |
| 4. | Facilities | 207 |
| 5. | Operator must ensure presence of | |
| operator’s representative | 209 | |
| 6. | Safety and health of persons using an | |
| accommodation amenity | 210 | |
| 7. | Contractor | 210 |
Division 2 — Occupational safety and health
Subdivision 1 — Duties relating to occupational
safety and health
| 8. | Duties of operator | 210 |
| 9. | Duties of persons in control of parts of | |
| facility or particular work | 213 | |
| 10. | Duties of employers | 214 |
| 11. | Duties of manufacturers in relation to plant | |
| and substances | 215 |
Petroleum Legislation Amendment and Repeal Act 2005
Contents
12. Duties of suppliers of facilities, plant and
|
13. Duties of persons erecting facilities or
|
14. Duties of persons in relation to
|
15. Reliance on information supplied or results
|
Subdivision 2 — Regulations relating to
occupational safety and health
16. Regulations relating to occupational safety
|
Division 3 — Workplace arrangements
Subdivision 1 — Introduction
| 17. | Simplified outline | 223 |
Subdivision 2 — Designated work groups
18. Establishment of designated work groups
|
19. Establishment of designated work groups
|
20. Variation of designated work groups by
|
21. Variation of designated work groups at
|
22. Referral of disagreement to reviewing
|
23. Manner of grouping members of the
|
Subdivision 3 — Safety and health representatives
24. Selection of safety and health
|
25. Election of safety and health
| |||
| 26. |
| ||
| 27. |
| ||
| 28. |
|
29. Training of safety and health
|
30. Resignation etc. of safety and health
|
31. Disqualification of safety and health
| |||
| 32. |
|
33. Powers of safety and health
| |||
| 34. |
|
Petroleum Legislation Amendment and Repeal Act 2005
Contents
| 35. | Information | 238 |
| 36. | Obligations and liabilities of safety and | |
| health representatives | 238 | |
| 37. | Provisional improvement notices | 239 |
| 38. | Effect of provisional improvement notice | 241 |
| 39. | Duties of the operator and other | |
| employers in relation to safety and health | ||
| representatives | 243 |
Subdivision 4 — Safety and health committees
| 40. | Safety and health committees | 245 |
| 41. | Functions of safety and health committees | 246 |
| 42. | Duties of the operator and other | |
| employers in relation to safety and health | ||
| committees | 247 |
Subdivision 5 — Emergency procedures
43. Action by safety and health
| |||
| 44. |
|
Subdivision 6 — Exemptions
| 45. | Exemptions | 250 |
Division 4 — Inspections
Subdivision 1 — Introduction
| 46. | Simplified outline | 251 |
| 47. | Powers, functions and duties of OHS | |
| inspectors | 251 |
Subdivision 2 — Inspections
| 48. | Inspections | 252 |
Subdivision 3 — Powers of OHS inspectors in
relation to the conduct of inspections
| 49. | Powers of entry and search — facilities | 253 |
| 50. | Powers of entry and search — regulated | |
| business premises (other than facilities) | 254 | |
| 51. | Powers of entry and search — premises | |
| (other than regulated business premises) | 255 | |
| 52. | Warrant to enter premises (other than | |
| regulated business premises) | 256 | |
| 53. | Obstructing or hindering OHS inspector | 257 |
| 54. | Power to require assistance and | |
| information | 257 | |
| 55. | Power to require the answering of | |
| questions and the production of | ||
| documents or articles | 258 | |
| 56. | Privilege against self-incrimination | 260 |
| 57. | Power to take possession of plant, take | |
| samples of substances etc. | 261 | |
| 58. | Power to direct that workplace etc. not be | |
| disturbed | 262 |
Petroleum Legislation Amendment and Repeal Act 2005
Contents
| 59. | Power to issue prohibition notices | 263 |
| 60. | Compliance with prohibition notice | 265 |
| 61. | Power to issue improvement notices | 265 |
| 62. | Compliance with improvement notice | 267 |
| 63. | Notices not to be tampered with or | |
| removed | 268 |
Subdivision 4 — Reports on inspections
| 64. | Reports on inspections | 268 |
Subdivision 5 — Reviews of OHS inspectors’
decisions
| 65. | Reviews of decisions of OHS inspectors | 270 |
| 66. | Powers of reviewing authority on review | 273 |
Division 5 — Referrals to the Tribunal
| 67. | Decision may be referred to Tribunal | 273 |
| 68. | Determination by Tribunal | 274 |
| 69. | Effect of pending review by Tribunal | 274 |
| 70. | Jurisdiction of Tribunal | 275 |
Division 6 — General
71. Notifying and reporting accidents and
|
72. Records of accidents and dangerous
| |||
| 73. |
| ||
| 74. |
| ||
| 75. |
|
76. No charges to be levied on members of
| |||
| 77. |
| ||
| 78. |
|
79. Conduct of directors, employees and
| |||
| 80. |
|
81. Circumstances preventing compliance
| |||
| 82. |
|
Part 5 — Other Acts
| 48. | Barrow Island Act 2003 amended | 284 |
| 49. | Industrial Relations Act 1979 amended | 284 |
| 50. | Occupational Safety and Health Act 1984 amended | 285 |
| 51. | Petroleum Safety Act 1999 repealed | 286 |
Western Australia
Petroleum Legislation Amendment and Repeal
Act 2005
No. 13 of 2005
An Act to amend the —
| • | Petroleum Act 1967; |
| • | Petroleum Pipelines Act 1969; |
| • | Petroleum (Submerged Lands) Act 1982, |
to repeal the Petroleum Safety Act 1999 and to make consequential
amendments to the —
| • | Barrow Island Act 2003; |
| • | Industrial Relations Act 1979; |
| • | Occupational Safety and Health Act 1984, |
to make provision for safety and health matters relating to
petroleum operations, petroleum pipeline operations and offshore
petroleum operations.
[Assented to 1 September 2005]
The Parliament of Western Australia enacts as follows:
Petroleum Legislation Amendment and Repeal Act 2005
| Part 1 | Preliminary |
| s. 1 |
Part 1 — Preliminary
1. Short title
| This is the Petroleum Legislation Amendment and Repeal Act 2005. |
2. Commencement
| (1) | This Act comes into operation on a day fixed by proclamation. |
| (2) | Different days may be fixed under subsection (1) for different provisions. |
Petroleum Legislation Amendment and Repeal Act 2005
| Petroleum Act 1967 | Part 2 |
s. 3
Part 2 — Petroleum Act 1967
3. The Act amended
The amendments in this Part are to the Petroleum Act 1967*.
[* Reprinted as at 14 January 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 335.]
4. Section 5 amended
| Section 5(1) is amended by inserting in the appropriate alphabetical positions the following definitions — “ |
“facility” means a structure for or in connection with carrying out a petroleum operation;
“listed OSH law” means —
| (a) | section 117A; |
| (b) | Schedule 1; |
| (c) | a regulation made for the purposes of Schedule 1; |
| (d) | a regulation made for the purposes of section 149B; or |
| (e) |
any other written law relating to prescribed for the purposes of this paragraph;
“operator” —
| (a) | in relation to an operation to explore for petroleum or the carrying on of such operations or the execution of such works as are necessary for that purpose, in a permit area, means the registered holder of the permit for that area; |
Petroleum Legislation Amendment and Repeal Act 2005
| Part 2 | Petroleum Act 1967 |
| s. 4 |
| (b) | in relation to an operation to drill for petroleum or the carrying on of such operations or the execution of such works as |
| are necessary for that purpose, in a drilling reservation area, means the registered holder of the drilling reservation for that area; | |
| (c) | in relation to an operation to explore for petroleum or the carrying on of such operations or the execution of such works as are necessary for that purpose, in a lease area, means the registered holder of the lease for that area; |
| (d) | in relation to — |
(i) an operation to recover petroleum in a licence area or to recover petroleum from a licence area in another area;
(ii) an operation to explore for petroleum in a licence area; or
(iii) the carrying on of such operations or the execution of such works in a licence area as are necessary for those purposes,
means the registered holder of the licence for
that area;
| (e) | in relation to an operation for the mining, obtaining or production of petroleum under the Barrow Island lease, as defined in section 128, means the lessee, as defined in that section; |
| (f) | in relation to a petroleum exploration operation specified in a special prospecting authority, means the registered holder of the special prospecting authority; |
Petroleum Legislation Amendment and Repeal Act 2005
| Petroleum Act 1967 | Part 2 |
s. 4
| (g) | in relation to a petroleum exploration operation or an operation related to the recovery of petroleum in or from an area specified in an access authority, means the registered holder of the access authority; |
| (h) |
in relation to the injection of petroleum into person (other than the Minister) who is a party to an agreement under section 67(1), or who has the Minister’s approval under section 67(2), in respect of that injection;
(i) in relation to the injection of carbon dioxide, as defined in section 3 of the Barrow Island Act 2003, into an underground reservoir or
| other subsurface formation, means a person who has the BI Act Minister’s approval under section 13 of that Act, in respect of that injection; | |
| (j) | is prescribed by the regulations to be a petroleum operation for the purposes of the definition of “petroleum operation”, means the person prescribed by the regulations to |
in relation to any other kind of operation that for the purposes of this definition;
“other protected person” means a person who is at or near a place where a petroleum operation is being carried on at the invitation of, or with the express or implied consent of —
| (a) | the operator of the petroleum operation; or |
| (b) | a person in control of a part of the petroleum operation; |
“petroleum operation” means —
Petroleum Legislation Amendment and Repeal Act 2005
| Part 2 | Petroleum Act 1967 |
| s. 4 |
| (a) | an operation to explore for petroleum, and the carrying on of such operations and the execution of such works as are necessary for |
that purpose;
| (b) | an operation to drill for petroleum, and the carrying on of such operations and the execution of such works as are necessary for that purpose; |
| (c) | an operation to recover petroleum, and the carrying on of such operations and the execution of such works as are necessary for that purpose; |
| (d) | an operation for the mining, obtaining or production of petroleum under the Barrow Island lease, as defined in section 128; |
| (e) | the injection of petroleum into a natural underground reservoir; |
| (f) | the injection of carbon dioxide, as defined in section 3 of the Barrow Island Act 2003, into an underground reservoir or other subsurface formation; |
| (g) | any other kind of operation that is prescribed by the regulations to be a petroleum operation for the purposes of this definition, |
but does not include an operation of a kind that is
prescribed by the regulations not to be a petroleum
operation for the purposes of this definition;
“structure” means any fixed, moveable or floating
structure or installation and includes a pipeline,
pumping station, tank station and valve station;
”.
Petroleum Legislation Amendment and Repeal Act 2005
| Petroleum Act 1967 | Part 2 |
s. 5
5. Section 7AA inserted
After section 7 the following section is inserted —
| “ |
| 7AA. | Disapplication of State occupational safety and health laws |
| (1) | The prescribed occupational safety and health laws do not apply in relation to — |
(a) a petroleum operation; or
| (b) | a person engaged in a petroleum operation or any other protected person. |
| (2) | In this section — |
| “prescribed occupational safety and health laws” means any laws of the State relating to occupational safety and health (whether or not they also relate to other matters) that are prescribed by the regulations for the purposes of this section. |
”.
6. Section 83 repealed
Section 83 is repealed.
7. Section 91 amended
| (1) | Section 91(1) is amended by deleting “and shall secure the safety, health and welfare of persons engaged in those operations in or about the permit area, drilling reservation, lease area or licence area”. |
| (2) | Section 91(3) is amended by deleting “and shall secure the safety, health and welfare of persons engaged in those operations in or about that area”. |
Petroleum Legislation Amendment and Repeal Act 2005
| Part 2 | Petroleum Act 1967 |
| s. 8 |
8. Section 117A inserted
After section 117 the following section is inserted —
| “ |
| 117A. | Interfering with petroleum operation |
| A person must not intentionally or recklessly — |
| (a) | cause damage to, or interfere with, a well or any structure or vessel in the State that is, or is to be, used in a petroleum operation; or |
| (b) |
interfere with any petroleum operation. Penalty: imprisonment for 10 years.
”.
9. Section 118 amended
| (1) | Section 118(1) is amended by deleting “the purposes of this Act and the regulations.” and inserting instead — “ |
such or all of the purposes of this Act as are specified
in the instrument of appointment.
”.
| (2) | Section 118(2) is amended by deleting “he is such an inspector for the purposes of this Act and the regulations.” and inserting instead — |
| “ |
the person is an inspector for the purposes specified in
the certificate.
”.
10. Section 119 amended
| Section 119(1) is amended by deleting “and the regulations,” and inserting instead — “ |
, but without affecting the powers of an inspector under
Schedule 1,
Petroleum Legislation Amendment and Repeal Act 2005
| Petroleum Act 1967 | Part 2 | |
|
”.
11. Section 119A inserted
After section 119 the following section is inserted —
| “ |
| 119A. | Protection from liability for wrongdoing |
| (1) | An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act. |
| (2) | The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted. |
| (3) | Despite subsection (1), the State is not relieved of any liability that it might have for another person having done anything as described in that subsection. |
| (4) | In this section a reference to the doing of anything includes a reference to the omission to do anything. |
”.
12. Section 125 amended
| Section 125 is amended by deleting “(being an offence arising under this Part) or the regulations”. |
13. Section 126A inserted
After section 126 the following section is inserted —
| “ |
| 126A. | Evidentiary matters |
| (1) | In a proceeding for an offence against this Act an averment in the complaint that at a particular time — |
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|
is to be taken to have been proved in the absence of
evidence to the contrary.
| (2) | In a proceeding for an offence against this Act, proof is not required as to any of the following matters, unless evidence is given to the contrary — |
| (a) | a delegation under section 25 by the Minister of a power or function; |
| (b) | the authority of any person to institute a proceeding for an offence against this Act other than an offence against a listed OSH law; |
| (c) | the authority of an inspector to institute a proceeding for an offence against a listed OSH law. |
| (3) | In a proceeding for an offence against this Act, production of a copy of — |
(a) a code of practice;
(b) an Australian Standard; or
(c) an Australian/New Zealand Standard,
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purporting to be certified by the CEO to be a true copy as at any date or during any period is, without proof of the signature of the CEO, sufficient evidence of the
contents of the code of practice or Standard as at that
date or during that period.
| (4) | In subsection (3) — |
| “Australian Standard” means a document having that title published by Standards Australia; | |
| “Australian/New Zealand Standard” means a |
document having that title jointly published by
Standards Australia and the Standards Council of
New Zealand;
“CEO” means the chief executive officer of the department of the Public Service principally assisting in the administration of this Act.
”.
14. Part IIIA inserted
After section 149 the following Part is inserted —
| “ |
| Part IIIA — Occupational safety and health |
| 149A. | Occupational safety and health |
| Schedule 1 has effect. | |
| 149B. | Regulations relating to occupational safety and health |
| (1) | The regulations may make provision in relation to — |
| (a) | the occupational safety and health of a person engaged in a petroleum operation; or |
| (b) | the safety and health of any other protected person. |
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| (2) | Without limiting subsection (1), regulations for the purpose of that subsection may — |
| (a) | require a person who is carrying on a petroleum operation to establish and maintain a system of management to secure — |
(i) the occupational safety and health of a person engaged in a petroleum operation; or
(ii) the safety and health of any other protected person;
and
| (b) | specify requirements with which the system must comply. |
| 149C. | Minister’s occupational safety and health functions |
| (1) | The Minister has the following functions — |
| (a) | to promote the occupational safety and health of persons engaged in petroleum operations; |
| (b) | and enforcement strategies to secure |
to develop and implement effective monitoring safety and health obligations under this Act;
| (c) | to investigate accidents, occurrences and circumstances that affect, or have the potential to affect, the occupational safety and health of persons engaged in petroleum operations; |
| (d) | to advise persons, either on the Minister’s own initiative or on request, on occupational safety and health matters relating to petroleum |
operations.
| (2) | The Minister has power to do all things necessary or convenient to be done for or in connection with the performance of the Minister’s functions. |
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|
”.
15. Section 153 amended
| (1) | Section 153(2) is amended as follows: |
| (a) | after paragraph (j) by deleting “and”; |
| (b) | in paragraph (k) by deleting “State.” and inserting instead — |
“
State;
| (l) | fees in relation to petroleum operations, safety audits or other services provided by the Minister; |
| (m) | any transitional matter arising out of the amendments made to this Act by the Petroleum Legislation Amendment and Repeal Act 2005. |
”.
| (2) | After section 153(2b) the following subsection is inserted — |
“
| (2c) | Regulations under this section may adopt or apply, with or without modification, any regulation made under the Petroleum Pipelines Act 1969, the Petroleum |
| (Submerged Lands) Act 1982 or the Commonwealth the time when the regulations under this section take effect or as in force or existing from time to time. |
”.
16. Various sections amended to delete “the regulations” (Interpretation Act 1984 s. 46)
| (1) | The provisions set out in the Table to this section are amended by deleting “or the regulations” in each case. |
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Table
| s. 8(1) (twice) | s. 121(1) and (2) |
| s. 25(1)(a) |
| (2) | The provisions set out in the Table to this section are amended by deleting “and the regulations” in each case. |
Table
| s. 38 | s. 105(4) |
| s. 43D | s. 106(5) |
| s. 48C | s. 112(6) |
| s. 62 |
17. Schedule replaced with Schedule 1
| The Schedule is repealed and the following Schedule is inserted instead — |
| “ |
Schedule 1 — Occupational safety and health
[s. 149A]
Division 1 — Introduction
1. Objects
| The objects of this Schedule are, in relation to petroleum operations — |
| (a) | to secure the occupational safety and health of persons engaged in those operations; |
| (b) | to protect persons in the vicinity of those operations at the invitation of, or with the express or implied consent of, the operators of, or persons in control of a part of, those operations from risks to safety and health arising out of those operations; |
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| (c) | to ensure that expert advice is available on occupational safety and health matters in relation to those operations; |
| (d) | to promote an occupational environment for members of the workforce engaged in those operations that is adapted to their needs relating to |
safety and health; and
| (e) | to foster a consultative relationship between all relevant persons concerning the safety and health of members of the workforce engaged in those operations. |
2. Simplified outline
The following is a simplified outline of this Schedule —
|
| (a) | the operator of a petroleum operation; |
| (b) | a person in control of any part of a petroleum operation; |
| (c) | an employer; |
| (d) | a manufacturer of plant, or a substance, for use in a petroleum operation; |
| (e) | a supplier of a facility, or of any plant or substance, for use in a petroleum operation; |
| (f) | a person who erects or installs a facility, or any plant, for use in a petroleum operation; |
| (g) | a person engaged in a petroleum operation. |
| • | A group of members of the workforce engaged in a petroleum operation may be established as a designated work group. |
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| • | The members of a designated work group may select a safety and health representative for that designated work group. | |||||
| • | The safety and health representative may exercise certain powers for the purpose of promoting or ensuring the occupational safety and health of group members. | |||||
| • | An inspector may conduct an inspection — | |||||
| ||||||
| • | The operator of a petroleum operation must report to the Minister accidents and dangerous occurrences arising out of the petroleum operation. |
3. Definitions
In this Schedule —
“accident” includes the contraction of a disease;
“contract” includes an arrangement or understanding;
“contractor” has the meaning given by clause 6;
“dangerous occurrence” means an occurrence declared by the regulations to be a dangerous occurrence for the purposes of this definition;
“designated work group” means —
| (a) | a group of members of the workforce engaged in a petroleum operation that is established as a designated work group under clause 17 or 18; or |
| (b) | that group as varied in accordance with clause 19 or 20; |
“employee”, in relation to an employer, means an employee of that employer;
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“employer” means an employer who carries on a petroleum
operation;
“group member”, in relation to a designated work group
for a petroleum operation, means a person who is —
| (a) | a member of the workforce engaged in that operation; and |
| (b) | included in that designated work group; |
“improvement notice” means an improvement notice
issued under clause 60(1);
“inspection” means an inspection conducted under
Division 4 and includes an investigation or inquiry;
“member of the workforce”, in relation to a petroleum
operation, means a natural person who is engaged in
the operation, whether —
| (a) | as an employee of the operator or of another person; or |
| (b) | as a contractor of the operator or of another person; |
“operator’s representative” means a person present at a
workplace in compliance with the obligations imposed
on the operator by clause 4;
“own” includes own jointly and own in part;
“plant” includes any machinery, equipment or tool, or any
component;
“premises” includes the following —
| (a) | a structure or building; |
| (b) | a place (whether or not enclosed or built on); |
| (c) | a part of a thing referred to in paragraph (a) or (b); |
“prohibition notice” means a prohibition notice issued
under clause 58(1);
“registered organisation” means an organisation —
| (a) | within the meaning of the Workplace Relations Act 1996 of the Commonwealth; or |
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| (b) | as defined in section 7(1) of the Industrial Relations Act 1979; |
“regulated business premises” means —
| (a) | a place where a petroleum operation is carried on; or |
| (b) | premises that are — |
(i) occupied by a person who is the operator of a petroleum operation; and
(ii) used, or proposed to be used, wholly or principally in connection with a petroleum operation;
“regulations” means regulations made for the purposes of
this Schedule;
“Tribunal” has the meaning given to that term in the
Occupational Safety and Health Act 1984 section 51G(2);
“work” means work that is directly or indirectly related to a petroleum operation;
“workforce representative” means —
| (a) | workforce engaged in a petroleum operation — a |
in relation to a person who is a member of the member, if the person is qualified to be a member of that organisation because of the work the person performs in relation to the petroleum operation; or
| (b) | in relation to a designated work group or a proposed designated work group — a registered organisation of which a person who is, or who is likely to be, in the work group is a member, if the person is qualified to be a member of that organisation because of the work the person performs, or will perform, in relation to the petroleum operation as a member of the group; |
“work group employer”, in relation to a designated work group in relation to a petroleum operation, means an
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employer of one or more group members, but does not
include the operator of the petroleum operation;
“workplace”, in relation to a petroleum operation, means
the whole place where the petroleum operation is
carried on or any part of a place where the petroleum
operation is carried on.
4. Operator must ensure presence of operator’s representative
| (1) | The operator of a petroleum operation must ensure that, at all times when one or more natural persons are engaged in the petroleum operation, there is present at the workplace a natural person (the “operator’s representative”) who has day to day management and control of the petroleum |
| operation. | |
| Penalty: $5 500. | |
| (2) | The operator of a petroleum operation must ensure that the name of the operator’s representative is displayed in a prominent place at the workplace. |
| Penalty: $5 500. | |
| (3) | Subclause (1) does not imply that, if the operator is a natural person, the operator’s representative may not be, from time to time, the operator. |
5. Safety and health of persons using an accommodation amenity
| For the avoidance of doubt, a reference in this Schedule to the occupational safety and health of a person includes a reference to the safety and health of a person using an accommodation amenity provided for the accommodation of persons engaged in a petroleum operation. |
6. Contractor
| For the purposes of this Schedule, a natural person is taken to be a “contractor” of another person (the “relevant |
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| person”) if the natural person is engaged in a petroleum operation under a contract for services between — |
| (a) | the relevant person; and |
| (b) | either — |
(i) the natural person; or
(ii) the employer of the natural person.
Division 2 — Occupational safety and health
Subdivision 1 — Duties relating to occupational safety and health
7. Duties of operator
| (1) | The operator of a petroleum operation must take all reasonably practicable steps to ensure that the petroleum operation is carried out in a manner that is safe and without risk to the health of persons engaged in the petroleum operation or other protected persons. |
| Penalty: $110 000. | |
| (2) | Without limiting the generality of subclause (1), the operator of a petroleum operation must — |
| (a) | provide and maintain a physical environment at the place where the petroleum operation is carried out that is safe and without risk to health; |
| (b) | provide and maintain adequate amenities for the safety and health of all members of the workforce engaged in the petroleum operation; |
| (c) | ensure that any plant, equipment, materials and substances for use in the petroleum operation are safe and without risk to health; |
| (d) | implement and maintain systems of work in relation to the petroleum operation that are safe and without risk to health; |
| (e) | implement and maintain appropriate procedures and equipment for the control of, and response to, emergencies arising out of the petroleum operation; |
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| (f) | provide all members of the workforce, in appropriate languages, with the information, instruction, training and supervision necessary for them to carry out their activities in a manner that does not adversely affect the occupational safety and health of persons engaged in the petroleum operation; |
| (g) | monitor the occupational safety and health of all members of the workforce and keep records of that monitoring; |
| (h) | provide appropriate medical and first aid services at the places at which a petroleum operation is carried on; and |
(i) develop, in consultation with members of the workforce and workforce representatives, a policy relating to occupational safety and health that —
(i) will enable the operator and the members of the workforce to cooperate effectively in promoting and developing measures to ensure the occupational safety and health of persons engaged in the petroleum operation;
| (ii) |
will provide adequate mechanisms for and
(iii) provides for the making of an agreement that complies with subclauses (4) and (5).
Penalty: $110 000.
| (3) | Subclause (2)(i) does not require the operator of a petroleum operation to engage in consultations with a workforce representative unless a member of the workforce engaged in the petroleum operation has requested the workforce representative to be involved in those consultations. |
| (4) | The agreement referred to in subclause (2)(i)(iii) must be between — |
| (a) | on the one hand — the operator; and |
| (b) | on the other hand — |
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(i) the members of the workforce; and
(ii) if a member of the workforce engaged in the petroleum operation has requested a workforce representative in relation to the
| member to be a party to that agreement — that workforce representative. |
| (5) | The agreement referred to in subclause (2)(i)(iii) must provide appropriate mechanisms for continuing consultation between — |
| (a) | on the one hand — the operator; and |
| (b) | on the other hand — |
(i) the members of the workforce; and
(ii) if a member of the workforce engaged in the petroleum operation has requested a workforce representative in relation to the
| member to be involved in consultations on a particular occasion — that workforce representative. |
| (6) | The agreement may provide for any other matters agreed between the parties to it. |
8. Duties of persons in control of parts of petroleum operation
| (1) | A person who is in control of any part of a petroleum operation must take all reasonably practicable steps to ensure that that part of the petroleum operation is carried out |
| in a manner that is safe and without risk to the health of persons engaged in the petroleum operation or other protected persons | |
| Penalty: $110 000. | |
| (2) | Without limiting the generality of subclause (1), a person who is in control of any part of a petroleum operation must — |
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| (a) | ensure that the physical environment at the place where that part of the petroleum operation is carried out is safe and without risk to health; |
| (b) | ensure that any plant, equipment, materials and substances for use in that part of the petroleum operation are safe and without risk to health; |
| (c) | implement and maintain systems of work in relation to that part of the petroleum operation that are safe and without risk to health; |
| (d) | ensure a means of access to, and egress from the place where that part of the petroleum operation is carried out is safe and without risk to health; and |
| (e) | provide all members of the workforce engaged in that part of the petroleum operation in appropriate languages, with the information, instruction, |
| training and supervision necessary for them to carry out their work in a manner that is safe and without risk to health. |
Penalty: $110 000.
9. Duties of employers
| (1) | An employer must take all reasonably practicable steps to protect the safety and health of employees engaged in a petroleum operation. |
| Penalty: $110 000. | |
| (2) | Without limiting the generality of subclause (1), an employer must — |
| (a) | provide and maintain a working environment that is safe for employees and without risk to their health; |
| (b) | ensure that any plant, equipment, materials and substances for use in connection with the employees’ work are safe and without risk to health; |
| (c) | implement and maintain systems of work that are safe and without risk to health; |
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|
Penalty: $110 000.
| (3) | A person has, in respect of a contractor of that person, the same obligations that an employer has under subclauses (1) and (2) in respect of an employee of that employer, but only in relation to — |
| (a) | matters over which the first-mentioned person has control; or |
| (b) | matters over which — |
(i) the first-mentioned person would have had control apart from express provision to the contrary in a contract; and
(ii) the first-mentioned person would, in the circumstances, usually be expected to have had control.
| (4) | An employer must take all reasonable steps to — |
| (a) | monitor the safety and health of employees; and |
| (b) Penalty: $110 000. | keep records of that monitoring. |
| (5) | An employer must take all reasonably practicable steps to ensure that — |
| (a) | work that is undertaken by the employer’s employees is carried out in a manner that is safe and without risk to the health of persons engaged in the petroleum operation or other protected persons; and |
| (b) | the employer’s system of work is operated in a manner that is safe and without risk to the health of |
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persons engaged in the petroleum operation or other
protected persons.
Penalty: $22 000.
10. Duties of manufacturers in relation to plant and substances
| (1) | A manufacturer of any plant that the manufacturer knows or ought reasonably to expect will be used by members of the workforce engaged in a petroleum operation must take all reasonably practicable steps — |
| (a) | to ensure that the plant is so designed and constructed as to be, when properly used, safe and without risk to health; |
| (b) | to carry out, or cause to be carried out, the research, testing and examination necessary in order to discover, and to eliminate or minimise, any risk to safety or health that may arise from the use of the plant; and |
| (c) | to make available, in connection with the use of the plant in a petroleum operation, adequate written information about — |
(i) the use for which it is designed and has been tested;
(ii) details of its design and construction; and
(iii) any conditions necessary to ensure that, when put to the use for which it was designed and tested, it will be safe and without risk to health.
Penalty: $22 000.
| (2) | A manufacturer of any substance that the manufacturer knows or ought reasonably to expect will be used by members of the workforce engaged in a petroleum operation must take all reasonably practicable steps — |
| (a) | to ensure that the substance is so manufactured as to be, when properly used, safe and without risk to health; |
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|
that may arise from the use of the substance; and
| (c) | to make available, in connection with the use of the substance in a petroleum operation, adequate written information concerning — |
(i) the use for which it is manufactured and has been tested;
(ii) details of its composition;
(iii) any conditions necessary to ensure that, when put to the use for which it was manufactured and tested, it will be safe and without risk to health; and
(iv) the first aid and medical procedures that should be followed if the substance causes injury.
Penalty: $22 000.
| (3) | If — |
| (a) | plant or a substance is imported into Australia by a person who is not its manufacturer; and |
| (b) | at the time of the importation, the manufacturer of the plant or substance does not have a place of business in Australia, |
the first-mentioned person is taken, for the purposes of this
clause, to be the manufacturer of the plant or substance.
| (4) | This clause does not affect the operation of any other law of this State that imposes an obligation on a manufacturer in respect of defective goods or in respect of information to be supplied in relation to goods. |
11. Duties of suppliers of facilities, plant and substances
| (1) | A supplier of a facility, or of any plant or substance, that the supplier ought reasonably to expect will be used by members of the workforce engaged in a petroleum operation, must take all reasonably practicable steps — |
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| (a) | to ensure that, at the time of supply, the facility, or the plant or substance, is in such condition as to be, when properly used, safe and without risk to health; |
| (b) | to carry out, or cause to be carried out, the research, testing and examination necessary to discover, and to eliminate or minimise, any risk to safety or health |
| that may arise from the condition of the facility, plant or substance; and | |
| (c) | to make available — |
(i) in the case of a facility — to the operator of the petroleum operation; and
(ii) in the case of plant or substance — to the person to whom the plant or substance is supplied,
adequate written information, in connection with
the use of the facility, plant or substance (as the
case requires) about —
(iii) the condition of the facility, plant or substance at the time of supply;
(iv) any risk to the safety and health of members of the workforce engaged in a petroleum operation to which the condition of the facility, plant or substance may give rise unless it is properly used;
(v) the steps that need to be taken in order to eliminate that risk; and
(vi) in the case of a substance — the first aid and medical procedures that should be followed if the condition of the substance causes injury to a member of the workforce engaged in a petroleum operation.
Penalty: $22 000.
| (2) | For the purposes of subclause (1), if a person (the “ostensible supplier”) supplies to a person either a facility, or any plant or substance, that is for use by |
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| members of the workforce engaged in a petroleum operation, and the ostensible supplier — |
| (a) | carries on the business of financing the acquisition or the use of goods by other persons; |
| (b) | has, in the course of that business, acquired an interest in the facility, or in the plant or substance, from another person (the “actual supplier”), solely for the purpose of financing its acquisition by, or its provision to, the person to whom it is finally supplied; and |
| (c) | has not taken possession of the facility, plant or substance, or has taken possession of the facility, plant or substance solely for the purpose of passing possession of the facility, plant or substance to the person to whom it is finally supplied, |
a reference in subclause (1) to a supplier is, in relation to the facility, plant or substance referred to in this subclause, to be read as a reference to the actual supplier and not as a
reference to the ostensible supplier.
| (3) | This clause does not affect the operation of any other law of this State that imposes an obligation in respect of the sale or supply of goods or in respect of the information to be |
| supplied in relation to goods. |
12. Duties of persons erecting facilities or installing plant
| (1) | A person who erects or installs a facility, or erects or installs any plant, for use in a petroleum operation, must take all reasonably practicable steps to ensure that the facility or plant is not erected or installed in such a way that it is unsafe or constitutes a risk to safety or health. |
| Penalty: $22 000. | |
| (2) | This clause does not affect the operation of any other law of this State that imposes an obligation in respect of the erection or installation of structures or goods or the supply of services. |
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13. Duties of persons in relation to occupational safety and health
| (1) | A person engaged in a petroleum operation must, at all times, take all reasonably practicable steps — |
| (a) | to ensure that the person does not take any action, or make any omission, that creates a risk, or increases an existing risk, to — |
(i) the occupational safety and health of that person; or
(ii) the safety and health of any other protected person;
| (b) | in respect of any obligation imposed on the operator or on any other person under a listed OSH law — to cooperate with the operator or that other person to |
| the extent necessary to enable the operator or that other person to fulfil that obligation; and | |
| (c) | to use equipment that is — |
(i) supplied to the person by the operator, an employer of the person or any other person having control of the petroleum operation (the “equipment supplier”); and
(ii) necessary to protect the occupational safety and health of the person, or the safety and health of any other person engaged in the petroleum operation or protected person,
in accordance with any instructions given by the equipment supplier, consistent with the safe and proper use of the equipment.
Penalty: $5 500.
| (2) | Despite subclause (1), the choice or manner of use, or choice and manner of use, of equipment of the kind referred to in subclause (1)(c)(ii) is a matter that may be, consistently with each listed OSH law — |
| (a) | agreed on between the equipment supplier and any relevant safety and health representative; or |
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| (3) | If an agreement of the kind referred to in subclause (2)(a) or (b) provides a process for choosing equipment of a particular kind that is to be provided by the equipment supplier, action must not be taken against a person for failure to use equipment of that kind that is so provided unless the equipment has been chosen in accordance with that process. |
| (4) | If an agreement of the kind referred to in subclause (2)(a) or (b) provides a process for determining the manner of use of equipment of a particular kind, action must not be taken |
| against a person for failure to use, in the manner required by the equipment supplier, equipment of that kind that is so provided unless the manner has been determined in accordance with that process. |
14. Reliance on information supplied or results of research
| (1) | For the purpose of the application of clause 7, 8 or 9 to the use of plant or a substance, a person on whom an obligation is imposed under any of those clauses is regarded as having taken reasonably practicable steps as required by the relevant clause, in relation to the use of the plant or substance, to the extent that — |
| (a) | the person ensured, so far as practicable, that its use was in accordance with the information supplied by the manufacturer or the supplier of the plant or |
| substance relating to occupational safety and health in its use; and | |
| (b) | it was reasonable for the person to rely on that information. |
| (2) | For the purpose of the application of clause 10 or 11 to carrying out research, testing and examining a facility, or any plant or substance, a person on whom an obligation is imposed under either of those clauses is regarded as having taken reasonably practicable steps as required by the relevant clause, in relation to carrying out research, testing and examining the facility, plant or substance, to the extent that — |
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| (a) | the research, testing or examination has already been carried out by or on behalf of someone else; and |
| (b) | it was reasonable for the person to rely on that research, testing or examination. |
| (3) | For the purpose of the application of clause 12 to the erection of a facility or the erection or installation of plant for use in a petroleum operation, a person on whom an obligation is imposed under that clause is regarded as having taken reasonably practicable steps as required by that clause to the extent that — |
| (a) | the person ensured, so far as is reasonably practicable, that the erection of the facility, or the erection or installation of the plant, was — |
(i) in accordance with information supplied by the manufacturer or supplier of the facility or plant relating to its erection or its
installation; and
(ii) consistent with the occupational safety and health of persons engaged in the petroleum operation;
and
| (b) | it was reasonable for the person to rely on that information. |
| (4) | Nothing in this clause limits the generality of what constitutes reasonably practicable steps as required by clause 7, 8, 9, 10, 11 or 12. |
Subdivision 2 — Regulations relating to occupational safety
and health
15. Regulations relating to occupational safety and health
| (1) | The regulations may make provision relating to any matter affecting, or likely to affect, the occupational safety and health of persons engaged in a petroleum operation. |
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| (2) | Regulations made for the purposes of subclause (1) may make provision for any or all of the following — |
| (a) | prohibiting or restricting the performance of all work or specified work in relation to a petroleum operation; |
| (b) | prohibiting or restricting the use of all plant or specified plant in a petroleum operation; |
| (c) | prohibiting or restricting the carrying out of all processes or a specified process in a petroleum operation; |
| (d) | prohibiting or restricting the storage or use of all substances or specified substances in a petroleum operation; |
| (e) | specifying the form in which information required to be made available under clause 10(1)(c) or 11(1)(c) is to be so made available; |
| (f) | prohibiting, except in accordance with licences granted under the regulations, the use of specified plant or specified substances in a petroleum operation; |
| (g) | providing for — |
(i) the issue, variation, renewal, transfer, suspension and cancellation of those licences; and
(ii) the conditions to which the licences may be subject;
| (h) | regulating the maintenance and testing of plant for use in a petroleum operation; |
(i) regulating the labelling or marking of substances for use in a petroleum operation;
| (j) | regulating the transport of specified plant or specified substances for use in a petroleum operation; |
| (k) | prohibiting the performance, in relation to a petroleum operation, of specified activities or work except — |
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(i) by persons who satisfy requirements of the regulations as to qualifications, training or experience; or
(ii) under the supervision specified in the regulations;
| (l) | requiring specified action to avoid accidents or dangerous occurrences; |
| (m) | providing for, or prohibiting, specified action in the event of accidents or dangerous occurrences; |
| (n) | providing for the employment of persons to perform specified duties relating to the maintenance of occupational safety and health in relation to a petroleum operation; |
| (o) | regulating the provision and use, in a petroleum operation, of protective clothing and equipment, safety equipment and rescue equipment; |
| (p) | providing for monitoring the health of members of the workforce engaged in a petroleum operation and the conditions at a place at which a petroleum operation is carried out; |
| (q) | requiring employers to keep records of matters related to the occupational safety and health of employees; |
| (r) | providing for the provision of first aid equipment and amenities at a place at which a petroleum operation is carried out. |
Division 3 — Workplace arrangements
Subdivision 1 — Introduction
16. Simplified outline
The following is a simplified outline of this Subdivision —
|
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| • | The members of a designated work group may select a safety and health representative for that designated work group. |
| • | The safety and health representative may exercise certain powers for the purpose of promoting or ensuring the occupational safety and health of group members. |
| • | A safety and health committee may be established in relation to the members of the workforce engaged in a petroleum operation. |
| • | The main function of a safety and health committee is to assist the operator in relation to occupational safety and health matters. |
Subdivision 2 — Designated work groups
17. Establishment of designated work groups by request
| (1) | A request to the operator of a petroleum operation to enter into consultations to establish designated work groups in relation to the members of the workforce engaged in the petroleum operation may be made by — |
| (a) | any member of the workforce; or |
| (b) | if a member of the workforce requests a workforce representative in relation to the member to make the request to the operator — that workforce representative. |
| (2) | The operator of a petroleum operation must, within 14 days after receiving a request under subclause (1), enter into consultations with — |
| (a) | if any member of the workforce made a request to establish designated work groups — |
(i) that member of the workforce;
(ii) if that member requests that the operator enter into consultations with a workforce representative in relation to the member —
that workforce representative; and
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(iii) each employer (if any) of members of the workforce;
| and |
| (b) | if a workforce representative made a request to establish designated work groups — |
(i) if a member of the workforce requests that the operator enter into consultations with that workforce representative — that workforce representative; and
(ii) each employer of members of the workforce.
| (3) | Within 14 days after the completion of consultations about the establishment of the designated work groups, the operator must, by notifying the members of the workforce, establish the designated work groups in accordance with the outcome of the consultations. |
18. Establishment of designated work groups at initiative of operator
| (1) | If, at any time, the operator of a petroleum operation considers that designated work groups should be established, the operator must enter into consultations with — |
| (a) | all members of the workforce; |
| (b) | if a member of the workforce requests that the operator enter into consultations with a workforce representative in relation to the member — that workforce representative; and |
| (c) | each employer (if any) of members of the workforce. |
| (2) | Within 14 days after the completion of consultations about the establishment of the designated work groups, the operator must, by notifying the members of the workforce, establish the designated work groups in accordance with the outcome of the consultations. |
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19. Variation of designated work groups by request
| (1) | A request to the operator of a petroleum operation to enter into consultations to vary designated work groups that have already been established in relation to the members of the workforce engaged in the petroleum operation may be made by — |
| (a) | any member of the workforce; or |
| (b) | if a member of the workforce requests a workforce representative in relation to the member to make the request to the operator — that workforce representative. |
| (2) | The operator of a petroleum operation must, within 14 days after receiving a request under subclause (1), enter into consultations with — |
| (a) | if any member of the workforce made a request to vary designated work groups — |
(i) that member of the workforce;
(ii) the safety and health representative of each designated work group affected by the proposed variation; and
(iii) each work group employer (if any) in relation to each designated work group affected by the proposed variation;
and
| (b) | if a workforce representative made a request to vary designated work groups — |
(i) if a member of a designated work group affected by the proposed variation requests that the operator enter into consultations with that workforce representative in relation to the group — that workforce representative;
(ii) the safety and health representative of each designated work group affected by the proposed variation; and
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(iii) each work group employer (if any) in relation to each designated work group affected by the proposed variation.
| (3) | If — |
| (a) | consultations take place about the variation of designated work groups that have already been established; and |
| (b) | as a result of the consultations, it has been determined that the variation of some or all of those designated work groups is justified, |
then, within 14 days after the completion of the
consultations, the operator must, by notifying the members
of the workforce who are affected by the variation, vary the
designated work groups in accordance with the outcome of
the consultations.
20. Variation of designated work groups at initiative of operator
| (1) | If the operator of a petroleum operation believes the designated work groups should be varied, the operator may, at any time, enter into consultations about the variations with — |
| (a) | the safety and health representative of each of the designated work groups affected by the proposed variation; |
| (b) | if a member of a designated work group affected by the proposed variation requests that the operator enter into consultations with that workforce representative in relation to the group — that workforce representative; and |
| (c) | each work group employer (if any) in relation to each designated work group affected by the proposed variation. |
be issued,
the following persons may apply in writing to the reviewing
authority for a review of the decision, as is relevant to the
case —
| (c) | the safety and health representative for a designated work group having a group member affected by the decision; |
| (d) | a workforce representative in relation to the designated work group that includes a group member who is affected by the decision and who |
| has requested the workforce representative to apply for the review; | |
| (e) | if there is no such designated work group, and a member of the workforce affected by the decision has requested a workforce representative in relation to the member to apply for the review — that workforce representative. |
| (4) | An application under subclause (2) or (3) must be made — |
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| (5) | A person, other than the operator of the facility concerned, who applies for a review of a decision must, as soon as is practicable, give a copy of the application to the operator. |
| Penalty: $5 000. | |
| (6) | The reviewing authority is to give notice in writing of the decision on the reference and the reasons for the decision to — |
| (a) | the person who referred the matter for review; and |
| (b) | if that person is not the operator of the facility concerned, to the operator. |
| (7) | Subject to this clause, applying for a review of a decision does not affect the operation of the decision or prevent the taking of action to implement that decision, except to the |
| extent that the reviewing authority makes an order to the contrary. | |
| (8) | If the decision to be reviewed is a decision under clause 61 to issue an improvement notice, the operation of the notice is suspended pending determination of the decision, except to the extent that the reviewing authority makes an order to the contrary. |
| (9) | If the decision to be reviewed is a decision of an OHS inspector under clause 38 to confirm or vary a provisional improvement notice whose operation has been suspended pending the inspection of the matter to which the notice relates, the operation of the notice is further suspended pending determination of the review, except to the extent that the reviewing authority makes an order to the contrary. |
| (10) | In this clause — |
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“reviewing authority” means a person prescribed by the
regulations to be a reviewing authority for the purposes
of this clause.
66. Powers of reviewing authority on review
| (1) | On a review of a decision under clause 65, the reviewing authority may — |
| (a) | affirm the decision; |
| (b) | affirm the decision with such modifications as the reviewing authority considers appropriate; or |
| (c) | revoke the decision and make such other decision with respect to the matter as the reviewing authority thinks fit, |
and the decision has effect or, as the case may be, ceases to
have effect accordingly.
| (2) | If — |
| (a) | the decision being reviewed is a decision under clause 57 to take possession of plant, a substance or a thing at a workplace; and |
| (b) | the decision is not affirmed, |
the inspector who made the decision must ensure that, to the extent that the decision is not affirmed, the plant, substance or thing is returned to the workplace as soon as practicable.
Division 5 — Referrals to the Tribunal
67. Decision may be referred to Tribunal
| (1) | If a person given notice of a decision under clause 22(3)(b) or 65(6) is not satisfied with the reviewing authority’s decision under that section, the person may refer the decision to the Tribunal for further review. |
| (2) | A reference under subclause (1) must be made — |
| (a) | not later than 7 days after the day on which the person received notice of the decision; or |
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| (3) | A person, other than the operator of the facility concerned, who refers a matter for review under this clause must, as soon as is practicable, give a copy of the duly completed prescribed form to the operator. |
| Penalty applicable to subclause (3): $5 000. |
68. Determination by Tribunal
| (1) | On a reference under clause 67, the Tribunal is to inquire into the circumstances relating to the decision, and may — |
| (a) | affirm the decision of the reviewing authority; |
| (b) | affirm the decision of the reviewing authority with such modifications as the Tribunal considers appropriate; or |
| (c) | revoke the decision of the reviewing authority and make such other decision with respect to the notice as the Tribunal thinks fit, |
and the decision has effect or, as the case may be, ceases to
have effect accordingly.
| (2) | A review under this clause — |
| (a) | is to be in the nature of a rehearing; and |
| (b) | is to be completed by the Tribunal as quickly as is practicable. |
| (3) | The Tribunal is to give notice in writing of its decision on the reference and the reasons for the decision to — |
| (a) | the person who referred the matter for review; and |
| (b) | if that person is not the operator of the facility concerned, to the operator. |
69. Effect of pending review by Tribunal
| (1) | Subject to this clause, a reference to the Tribunal for further review of a decision does not affect the operation of the decision or prevent the taking of action to implement that |
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decision, except to the extent that the Tribunal makes an
order to the contrary.
| (2) | If the decision to be reviewed concerns a decision under clause 61 to issue an improvement notice, the operation of the notice is suspended pending determination of the review, except to the extent that the Tribunal makes an order to the contrary. |
| (3) | If the decision to be reviewed concerns a decision of an inspector under clause 38 to confirm or vary a provisional improvement notice whose operation has been suspended pending the inspection of the matter to which the notice relates, the operation of the notice is further suspended pending determination of the review, except to the extent that the Tribunal makes an order to the contrary. |
70. Jurisdiction of Tribunal
| (1) | This clause applies where — |
| (a) | under clause 67 a matter is referred to the Tribunal; or |
| (b) | under clause 31 an application is made to the Tribunal. |
| (2) | Where this clause applies — |
| (a) | the matter or application may be heard and determined; and |
| (b) | a determination made by the Tribunal on the matter or application has effect, and may be appealed against and enforced, |
as if it were —
| (c) | a matter in respect of which jurisdiction is conferred on the Tribunal by Part VIB of the Occupational Safety and Health Act 1984; or |
| (d) | a determination made for the purposes of that Part. |
| (3) | The provisions of — |
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|
have effect for the purposes of this clause with all necessary
changes.
| (4) | In the operation of subclause (3), section 51J(1) of the Occupational Safety and Health Act 1984 has effect as if it were expressed to apply where a matter has been referred to the Tribunal under clause 67 in relation to a decision made under clause 22. |
Division 6 — General
71. Notifying and reporting accidents and dangerous occurrences
| (1) | If, at or near a facility, there is — |
| (a) | an accident that causes the death of, or serious personal injury to, any person; |
| (b) | an accident that causes a member of the workforce to be incapacitated from performing work for a period prescribed for the purposes of this paragraph; or |
| (c) the operator must, in accordance with the regulations, give the Safety Authority notice of, and a report about, the accident or dangerous occurrence. | a dangerous occurrence, |
Penalty: $5 000.
| (2) | Regulations made for the purposes of subclause (1) (other than regulations made for the purpose of subclause (1)(b)) may prescribe — |
| (a) | the time within which, and the manner in which, notice of an accident or dangerous occurrence is to be given, and the form of the notice; and |
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| (b) | the time within which, and the manner in which, a report of an accident or dangerous occurrence is to be given, and the form of the report. |
| (3) | Subclause (2) does not limit regulations that may be made for the purposes of subclause (1). |
72. Records of accidents and dangerous occurrences to be kept
| (1) | The operator of a facility must maintain, in accordance with the regulations, a record of each accident or dangerous occurrence in respect of which the operator is required by clause 68 to notify the Safety Authority. |
| (2) | Regulations made for the purposes of subclause (1) may prescribe — |
| (a) | the nature of the contents of a record maintained under this clause; and |
| (b) | the period for which the record must be retained. |
| (3) | Subclause (2) does not limit regulations that may be made for the purposes of subclause (1). |
73. Codes of practice
| (1) | The regulations may prescribe codes of practice for the purpose of providing practical guidance to operators of facilities and employers (other than operators) of members |
| of the workforce at facilities. | |
| (2) | A person is not liable in any civil or criminal proceedings for contravening a code of practice. |
74. Use of codes of practice in proceedings
| (1) | This clause applies if, in any proceedings for an offence against a listed OSH law, it is alleged that a person contravened a provision of a listed OSH law in relation to which a code of practice was in effect at the time of the alleged contravention. |
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| (2) | The code of practice is admissible in evidence in those proceedings. |
| (3) | If the court is satisfied, in relation to any matter which it is necessary for the prosecution to prove in order to establish the alleged contravention, that — |
| (a) | any provision of the code of practice is relevant to that matter; and |
| (b) | the person failed at any material time to comply with that provision of the code of practice, |
that matter is treated as proved unless the court is satisfied that in respect of that matter the person complied with that provision of the listed OSH law otherwise than by
complying with the code of practice.
75. Interference etc. with equipment etc.
| A person must not, without reasonable excuse, do anything that results in the interference with, or the rendering ineffective of, any protective equipment or safety device provided for the occupational safety and health of members of the workforce at a facility if the person knew (or ought reasonably to have known) that the equipment or device was protective equipment or a safety device. |
Penalty: $3 300 or imprisonment for 6 months or both.
76. No charges to be levied on members of workforce
| The operator of a facility or an employer (other than the operator) of members of the workforce at a facility must not levy, or permit to be levied, on a member of the workforce any charge in respect of anything done or provided in accordance with a listed OSH law in order to ensure the occupational safety and health of persons at or near the facility. |
| Penalty: $27 500. |
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77. Victimisation
| (1) | An employer (whether the operator or another person) must not — |
| (a) | dismiss an employee; |
| (b) | perform an act that results in injury to an employee in his or her employment; |
| (c) | perform an act that prejudicially alters the employee’s position (whether by deducting or withholding remuneration or by any other means); or |
| (d) because the employee — | threaten to do any of those things, |
| (e) | has complained or proposes to complain about a matter concerning the safety or health of employees at work; |
| (f) | has assisted or proposes to assist, by giving information or otherwise, the conduct of an inspection; or |
| (g) | has ceased, or proposes to cease, to perform work, in accordance with a direction by a safety and health representative under clause 43(1)(b) or (3)(c), and the cessation or proposed cessation does not continue after — |
(i) the safety and health representative has agreed with a person supervising the work that the cessation or proposed cessation was not, or is no longer, necessary; or
(ii) an OHS inspector has, under clause 43(5), made a decision that has the effect that the employee should perform the work.
Penalty: $27 500.
| (2) | In proceedings for an offence against subclause (1), if all the relevant facts and circumstances, other than the reason for an action alleged in the charge, are proved, the defendant |
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| has the onus of establishing that the action was not taken for that reason. |
78. Institution of prosecutions
| (1) | Proceedings for an offence against a listed OSH law may be instituted by the Safety Authority or by an OHS inspector. |
| (2) | A safety and health representative for a designated work group may request the Safety Authority to institute proceedings for an offence against a listed OSH law in relation to the occurrence of an act or omission if — |
| (a) | a period of 6 months has elapsed since the act or omission occurred; |
| (b) | the safety and health representative considers that the occurrence of the act or omission constitutes an offence against a listed OSH law; and |
| (c) | proceedings in respect of the offence have not been instituted. |
| (3) | A workforce representative in relation to a designated work group may request the Safety Authority to institute proceedings for an offence against a listed OSH law in relation to the occurrence of an act or omission if — |
| (a) | a period of 6 months has elapsed since the act or omission occurred; |
| (b) | the workforce representative considers that the occurrence of the act or omission constitutes an offence against a listed OSH law; |
| (c) | proceedings in respect of the offence have not been instituted; and |
| (d) | a group member included in the group requests the workforce representative to request the Safety Authority to institute the proceedings. |
| (4) | A request under subclause (2) or (3) must be in writing. |
| (5) | The Safety Authority must, within 3 months after receiving the request, advise the safety and health representative or the workforce representative, as the case may be, whether |
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proceedings under subclause (1) have been or will be
instituted, and, if not, give reasons why not.
79. Conduct of directors, employees and agents
| (1) | This clause has effect for the purposes of a proceeding for an offence against a listed OSH law. |
| (2) | If it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show — |
| (a) | that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of actual or apparent authority; and |
| (b) | that the director, employee or agent had the state of mind. |
| (3) | Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of actual or apparent authority is taken to have been |
| engaged in also by the body corporate unless it establishes that it took reasonable precautions and exercised due diligence to avoid the conduct. | |
| (4) | If it is necessary to establish the state of mind of a natural person in relation to particular conduct, it is sufficient to show — |
| (a) | that the conduct was engaged in by an employee or agent of the natural person within the scope of actual or apparent authority; and |
| (b) | that the employee or agent had the state of mind. |
| (5) | Any conduct engaged in on behalf of a natural person by an employee or agent of the natural person within the scope of actual or apparent authority is taken to have been engaged in |
| also by the natural person unless the natural person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct. | |
| (6) | If — |
| (a) | a natural person is found guilty of an offence; and |
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he or she is not liable to be punished by imprisonment for
that offence.
| (7) | A reference in subclause (2) or (4) to the state of mind of a person includes a reference to — |
| (a) | the person’s knowledge, intention, opinion, belief or purpose; and |
| (b) | the person’s reasons for the intention, opinion, belief or purpose. |
80. Act not to give rise to other liabilities etc.
This Schedule does not —
| (a) | confer a right of action in any civil proceeding in respect of any contravention of a listed OSH law; or |
| (b) | confer a defence to an action in any civil proceeding or otherwise affect a right of action in any civil proceeding. |
81. Circumstances preventing compliance may be defence to prosecution
| It is a defence to a prosecution for a contravention of a listed OSH law if the defendant proves that it was not practicable to comply with it because of an emergency prevailing at the relevant time. |
82. Regulations — general
| (1) | The regulations may prescribe any of the following — |
| (a) |
procedures for the selection of persons, under committees, to represent the interests of members of the workforce at a facility;
| (b) | procedures to be followed at meetings of safety and health committees; |
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| (c) | the manner in which notices are to be served under this Schedule or the regulations; |
| (d) | the practice and procedure to be followed in relation to the review of decisions under clause 22 or 65 by reviewing authorities; |
| (e) | forms for the purposes of this Schedule or the regulations. |
| (2) | If the Minister is satisfied that — |
| (a) | a power, function or duty is conferred or imposed on a person under a law of this State or the Commonwealth; and |
| (b) | the proper exercise of the power or performance of the function or duty is or would be prevented by this Schedule or a provision of this Schedule, |
regulations made for the purposes of this subclause may
declare that this Schedule, or the provision, as the case may
be, does not apply to that person, or does not apply to that
person in the circumstances specified in the regulations.
| (3) | Regulations made for the purposes of subclause (2) do not remain in force for longer than 5 years after they commence, but this subclause does not prevent the making of further regulations of the same substance. |
| (4) | In subclause (2) — |
| “this Schedule” includes regulations made for the purposes of this Schedule. |
”.
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| Part 5 | Other Acts |
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Part 5 — Other Acts
48. Barrow Island Act 2003 amended
| (1) | The amendments in this section are to the Barrow Island Act 2003*. |
| [* Act No. 61 of 2003.] | |
| (2) | Section 2(2) is repealed. |
| (3) | Section 12 is repealed. |
49. Industrial Relations Act 1979 amended
| (1) | The amendments in this section are to the Industrial Relations Act 1979*. |
| [* Reprint 9 as at 18 June 2004. |
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 219.]
| (2) | Section 7(3) is amended as follows: |
| (a) | after paragraph (a) by deleting “or”; |
| (b) | after paragraph (b) by deleting “1994,”and inserting instead — |
“
1994; or
| (c) | clause 69(1) of Schedule 1 to the Petroleum Act 1967, clause 69(1) of Schedule 1 to the Petroleum Pipelines Act 1969, or clause 70(1) |
| of Schedule 5 to the Petroleum (Submerged Lands) Act 1982, |
”.
| (3) | Section 8(2a)(b) is amended by deleting “and the Mines Safety and Inspection Act 1994,” and inserting instead — |
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| Other Acts | Part 5 |
| s. 50 |
“
, the Mines Safety and Inspection Act 1994, the
Petroleum Act 1967, the Petroleum Pipelines
Act 1969 or the Petroleum (Submerged Lands)
Act 1982,
”.
| (4) | Section 113(1)(d)(ii) is amended as follows: |
| (a) | after item (I) by deleting “and”; |
| (b) | after item (II) by inserting the following items — |
“
| (III) | the Petroleum Act 1967; |
| (IV) | the Petroleum Pipelines Act 1969; |
(V) the Petroleum (Submerged
Lands) Act 1982;
”.
50. Occupational Safety and Health Act 1984 amended
| (1) | The amendments in this section are to the Occupational Safety and Health Act 1984*. |
| [* Reprinted as at 22 March 1999. |
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 310-11
and Act No. 68 of 2004.]
| (2) | Section 4(2) is repealed and the following section is inserted instead — |
“
| (2) | Subject to this section and except as may be otherwise expressly provided by Parliament, this Act does not apply to or in relation to a workplace — |
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| s. 51 | |||||
|
at which a pipeline operation, as defined in Act 1969, is carried on; or
| (d) | at which an offshore petroleum operation, as defined in section 4 of the Petroleum (Submerged Lands) Act 1982, is carried on. |
”.
51. Petroleum Safety Act 1999 repealed
The Petroleum Safety Act 1999 is repealed.
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0
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