Petroleum (Submerged Lands) (Diving Safety) Amendment Regulations 2004 (No. 1) (Cth)

Petroleum (Submerged Lands) (Diving Safety) Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 2712

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Petroleum (Submerged Lands) Act 1967.

Dated 19 August 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

IAN MACFARLANE

Minister for Industry, Tourism and Resources

1Name of Regulations

These Regulations are the Petroleum (Submerged Lands) (Diving Safety) Amendment Regulations 2004 (No. 1).

2Commencement

These Regulations commence on 1 January 2005.

3Amendment of Petroleum (Submerged Lands) (Diving Safety) Regulations 2002

Schedule 1 amends the Petroleum (Submerged Lands) (Diving Safety) Regulations 2002.

Schedule 1Amendments

(regulation 3)

[1]Regulation 3

omit

related to a petroleum activity.

insert

an offshore petroleum operation in Commonwealth waters.

[2]Regulation 4, definition of ADAS

omit

administered by the Department.

insert

administered by the Board of the Australian Diver Accreditation Scheme on behalf of the Department.

[3]Regulation 4, definition of adjacent area

omit

[4]Regulation 4, definition of Designated Authority

substitute

Commonwealth waters has the meaning given by section 150XB of the Act.

Note In section 150XB of the Act, the definition of Commonwealth waters refers to adjacent areas. Adjacent area is defined in subsection 5 (1) of the Act.

[5]Regulation 4, definition of diving operation

substitute

diving operation means an offshore petroleum operation consisting of 1 or more dives.

[6]Regulation 4, definitions of facility and inspector

substitute

facility means a facility described in clause 2 of Schedule 7 to the Act.

[7]Regulation 4, definitions of operator and petroleum activity

substitute

member of the workforce, in relation to a facility, has the meaning given by clause 2 of Schedule 7 to the Act.

offshore petroleum operations has the meaning given by section 150XB of the Act.

OHS inspector means a person appointed as an OHS inspector under section 150YL of the Act.

operator, for a diving project, means:

1. (a)

   if the facility associated with the project is a pipeline — the person registered as the operator of the pipeline under the Petroleum (Submerged Lands) (Pipelines) Regulations 2001;

2. (b)

   if the facility associated with the project is not a pipeline — the person registered as the operator of the facility under the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996.

[8]Regulation 4, definition of petroleum instrument

substitute

pipeline means a pipeline to which subclause 2A (6) of Schedule 7 to the Act applies.

pipeline safety management plan has the meaning given in subregulation 4 (1) of the Petroleum (Submerged Lands) (Pipelines) Regulations 2001.

[9]Regulation 4, definitions of relevant Designated Authority and Safety Case

substitute

Safety Authority has the meaning given by section 150XB of the Act.

Note Section 150XD of the Act establishes the National Offshore Petroleum Safety Authority.

safety case means the document known as a safety case submitted to the Safety Authority under Part 3 of the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996.

[10]Regulation 5

omit

For these Regulations

insert

1. (1)

   For these Regulations:

[11]Regulation 5

insert

1. (2)

   For these Regulations, diving does not include:

   1. (a)

      diving using a snorkel for the purpose of conducting an environmental survey; or

   2. (b)

      diving without the use of any breathing apparatus for that purpose.

[12]Paragraph 7 (4) (a)

substitute

1. (a)

   the DSMS has not been revised, or the acceptance of the DSMS has not been withdrawn, since its latest acceptance.

[13]Subregulation 8 (1)

omit

Department.

insert

Safety Authority.

[14]Paragraph 8 (2) (b)

omit

employees

insert

members of the workforce

[15]Paragraph 11 (b)

omit

employees

insert

members of the workforce

[16]Regulation 17, heading

substitute

17Diving project plan to Safety Authority if there is no operator

[17]Regulation 18, heading

substitute

18Diving project plan to Safety Authority if requested

[18]Paragraph 20 (1) (c)

substitute

1. (c)

   a list of standards and codes of practice that will be applied in carrying out the project.

[19]Paragraph 20 (1) (i)

after each mention of

Safety Case

insert

or the pipeline safety management plan

[20]Paragraph 20 (1) (j)

omit

employees

insert

members of the workforce

[21]Part 4, heading

substitute

Part 4Involvement of divers and members of the workforce

[22]Regulation 22, heading

substitute

22Involvement of divers and members of the workforce in DSMS and diving project plan

[23]Subregulation 22 (1)

omit

employees

insert

members of the workforce

[24]Subregulations 22 (2) and (3)

substitute

1. (2)

   When submitting a DSMS to the Safety Authority for acceptance, the diving contractor must set out in writing, details of the consultation that has taken place, including:

   1. (a)

      submissions or comments made during the consultation; and

   2. (b)

      any changes that have been made to the DSMS as a result of the consultation.

[25]Subregulation 23 (1)

omit

employees

insert

members of the workforce

[26]Paragraph 27 (1) (c), including the Note

substitute

1. (c)

   if there is an operator for the diving project — to report to the operator, during the operation, any of the following:

   1. (i)

      the death of, or serious personal injury to, a person;

   2. (ii)

      the incapacitation of a person that prevents the person from performing work for a period of 3 or more days;

   3. (iii)

      an event that could reasonably have led to a consequence of the type mentioned in subparagraph (i) or (ii);

   4. (iv)

      a decompression illness;

   5. (v)

      a pulmonary barotrauma;

   6. (vi)

      a case of omitted decompression;

   7. (vii)

      an occurrence for which the standby diver is deployed for an emergency, except for the purposes of training, exercises or drills;

   8. (viii)

      a failure of life support equipment or man riding equipment.

2. (d)

   In this regulation, man riding equipment includes any of the following:

   1. (i)

      an air stage;

   2. (ii)

      a wet bell;

   3. (iii)

      a closed bell;

   4. (iv)

      a guide wire system.

Note 1 If there is no operator for a diving project, State or Northern Territory laws, as applied by section 9 or 11 of the Act, may require the reporting of accidents and incidents.

Note 2 Regulation 32 requires a diving supervisor to maintain a diving operations record.

[27]Part 8

omit

[28]After Part 10

insert

Part 11Transitional provisions

Division 1Preliminary

34Definitions for Part 11

In this Part:

Designated Authority has the same meaning as in section 14 of the Act.

old Regulations means these Regulations as in force immediately before the commencement of this Part.

Division 2Diving Safety Management Systems

35Existing DSMS remain in force

A DSMS that was accepted by a Designated Authority before 1 January 2005, and is in force on that date, is taken to be a DSMS that was accepted by the Safety Authority on the date that it was accepted by the Designated Authority.

36Documents to be given to Safety Authority

1. (1)

   A Designated Authority must give to the Safety Authority the following documents and records:

   1. (a)

      a copy of the register of each DSMS and revised DSMS kept by the Designated Authority, under regulation 13 of the old Regulations;

   2. (b)

      copies of any:

      1. (i)

         notices given to the diving contractor, under subregulation 9 (2) or 10 (2) of the old Regulations; and

      2. (ii)

         reasons given with the notices, under regulation 12 of the old Regulations;

   3. (c)

      a copy of a DSMS or revised DSMS submitted before 1 January 2005 for acceptance, under regulation 9 or 10 of the old Regulations, in relation to which the Designated Authority has not made a decision;

   4. (d)

      a copy of a revision notice given before 1 January 2005 to a diving contractor, under subregulation 15 (1) of the old Regulations, in relation to which the processes under regulation 15 of the old Regulations have not been completed; and

   5. (e)

      a copy of a submission made before 1 January 2005 by a diving contractor, under subregulation 15 (3) of the old Regulations, in relation to which the processes under regulation 15 of the old Regulations have not been completed; and

   6. (f)

      a copy of any notice given before 1 January 2005 to a diving contractor, under paragraph 15 (4) (b) or (c) of the old Regulations, in relation to which the processes under regulation 15 of the old Regulations have not been completed.

2. (2)

   Before giving the records or documents mentioned in subregulation (1) to the Safety Authority, a Designated Authority must consult with the Safety Authority about what is to be given.

37Decisions to be made by Safety Authority

1. (1)

   If a DSMS or revised DSMS has been submitted for acceptance before 1 January 2005 and no decision has been made on the DSMS or revised DSMS, the Safety Authority must make a decision:

   1. (a)

      under subregulation 9 (2) for a DSMS — before 28 February 2005; and

   2. (b)

      under subregulation 10 (2) for a revised DSMS — before 28 January 2005.

2. (2)

   If a diving contractor has made a submission under subregulation 15 (3) of the old Regulations before 1 January 2005, and the Designated Authority has not given the contractor a notice under paragraph 15 (4) (b) of the old Regulations, the Safety Authority must, before 28 January 2005:

   1. (a)

      make a decision under paragraph 15 (4) (a); and

   2. (b)

      give the contractor a notice under paragraph 15 (4) (b).

38Notices taken to be given by Safety Authority

The following notices given to a diving contractor by a Designated Authority are taken to be notices given by the Safety Authority on the date that they were given to the diving contractor by the Designated Authority:

1. (a)

   a revision notice under subregulation 15 (1) of the old Regulations;

2. (b)

   a notice under subregulation 15 (4) of the old Regulations.

Division 3Diving Project Plans

39Existing diving project plans remain in force

A diving project plan that was accepted by a Designated Authority before 1 January 2005, and is in force on that date, is taken to be a diving project plan that was accepted by the Safety Authority on the date that it was accepted by the Designated Authority.

40Diving project plans to be given to Safety Authority

1. (1)

   The Designated Authority must give to the Safety Authority, as soon as practicable after 1 January 2005, a copy of each diving project plan it received under regulation 17 or 18 of the old Regulations (other than those relating to diving projects that are completed).

2. (2)

   The Designated Authority must indicate on each diving project plan received under regulation 17 of the old Regulations whether it has:

   1. (a)

      accepted the plan; or

   2. (b)

      rejected the plan; or

   3. (c)

      not yet made a decision to accept or reject the plan.

3. (3)

   For a diving project plan mentioned in paragraph (2) (c), the Safety Authority must:

   1. (a)

      if there is no operator for the diving project after 1 January 2005 — make a decision to accept or reject the plan; or

   2. (b)

      if there is an operator for the diving project after 1 January 2005 — give a copy of the plan to the operator for approval.

4. (4)

   If a Designated Authority has asked for a copy of a diving project plan under regulation 18 of the old Regulations, and the operator has not complied with the request, the request continues to operate after 1 January 2005 as if the request had been made by the Safety Authority on the date that the Designated Authority made the request.

41Safety Authority to give operator diving project plan for approval in certain circumstances

1. (1)

   This regulation applies to a diving project plan:

   1. (a)

      that has been accepted by:

      1. (i)

         the Designated Authority before 1 January 2005; or

      2. (ii)

         the Safety Authority on or after 1 January 2005 under paragraph 40 (3) (a); and

   2. (b)

      in relation to which there is an operator registered between 1 January 2005 and the date the diving project is completed; and

   3. (c)

      in relation to which, according to the start-up notice, the diving project is expected to continue for not less than 4 weeks.

2. (2)

   For a diving project plan mentioned in subregulation (1), the Safety Authority must give a copy of the plan to the operator for approval.

3. (3)

   The operator must approve or reject the diving project plan not later than 2 weeks after receiving the plan from the Safety Authority.

4. (4)

   A diving contractor for a diving project mentioned in subregulation (1) must not allow a person to dive on the project if the operator has not approved the diving project plan.

Penalty: 50 penalty units.

Division 4Other documents

42Start-up notices to be given to Safety Authority

The Designated Authority must give to the Safety Authority, as soon as practicable after 1 January 2005, a copy of each

start-up notice received under regulation 28 of the old Regulations (other than those relating to diving projects that are completed).

[29]Further amendments — Safety Authority

Provision	omit each mention of	insert
Regulation 4, definition of accepted DSMS and subregulation 9 (1)	relevant Designated	Safety
Subregulation 9 (2)	Designated	Safety
Subregulation 10 (1)	relevant Designated	Safety
Subregulation 10 (2)	Designated	Safety
Paragraph 10 (2) (b)	Designated	Safety
Regulation 11	A Designated	The Safety
Paragraph 11 (b)	Designated	Safety
Subregulation 12 (1)	a Designated	the Safety
Subregulation 12 (1)	the Designated	the Safety
Subregulation 12 (2)	a Designated	the Safety
Subregulation 12 (2)	the Designated	the Safety
Subregulation 13 (1)	A Designated	The Safety
Subregulation 13 (3)	Designated	Safety
Paragraphs 14 (c) and (d)	Designated	Safety
Subparagraphs 14 (e) (i) and (ii)	Designated	Safety
Subregulation 15 (1)	A Designated	The Safety
Subregulations 15 (3)	Designated	Safety
Paragraphs 15 (4) (a) and (c)	Designated	Safety
Subregulation 15 (5)	Designated	Safety
Subregulation 15 (6)	relevant Designated	Safety
Subregulation 17 (2)	relevant Designated	Safety
Subregulation 17 (3)	Designated	Safety
Regulation 18	Designated	Safety
Subregulation 19 (3)	relevant Designated	Safety
Paragraph 21 (1) (b)	relevant Designated	Safety
Paragraph 28 (1) (b)	Designated	Safety
Subregulation 28 (2)	relevant Designated	Safety
Paragraph 28 (2) (b)	Designated	Safety
Subregulation 28 (3)	relevant Designated	Safety
Paragraph 28 (3) (b)	Designated	Safety

Notes

1. These Regulations amend Statutory Rules 2002 No. 300.

2. Notified in the Commonwealth of Australia Gazette