Petroleum (Submerged Lands) (MSOF) Amendment Regulations 2011 (WA)

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30 December 2011 GOVERNMENT GAZETTE, WA 5545

Petroleum (Submerged Lands) Act 1982

Petroleum (Submerged Lands) (MSOF)

Amendment Regulations 2011

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Petroleum (Submerged Lands)
(MSOF) Amendment Regulations 2011.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day on which the Petroleum (Submerged Lands) Amendment Act 2011 section 12 comes into operation.

3.             Regulations amended

These regulations amend the Petroleum (Submerged Lands)
(Management of Safety on Offshore Facilities)
Regulations 2007.
5546 GOVERNMENT GAZETTE, WA 30 December 2011

Petroleum (Submerged Lands) (MSOF) Amendment Regulations 2011

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4.             Regulation 7 amended

(1) In regulation 7(1) and (2) delete “it is”.
(2) In regulation 7(3) delete “it must” and insert:
the Minister must

5.             Regulation 39 amended

In regulation 39(2) delete “it is”.

6.             Regulation 45 amended

In regulation 45(1)(b) delete “its”.

7.             Regulation 47 amended

In regulation 47(1)(a)(ii) delete “OHS”.

8.             Regulation 48 amended

(1) In regulation 48(1) delete “its intention” and insert:
the Minister’s intention
(2) In regulation 48(2) delete “it thinks” and insert:
the Minister thinks

9.             Regulation 54 amended

In regulation 54(1) and (2)(a) and (c) delete “OHS”.

30 December 2011 GOVERNMENT GAZETTE, WA 5547

Petroleum (Submerged Lands) (MSOF) Amendment Regulations 2011

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10.           Part 7 replaced

Delete Part 7 and insert:

Part 7 — Transitional provisions

56.           Term used: amendment day

In this Part —

amendment day means the day on which the
Petroleum (Submerged Lands) (MSOF) Amendment
Regulations 2011 regulation 3 comes into operation.

57.           Register of operators

The register maintained under regulation 8 is a
continuation of the register maintained under that
regulation before the amendment day.

58.           Requests for information

A request under regulation 36(1) or 43(1) before the
amendment day to provide information about a matter
to be included in a safety case, and not complied with
before that day, continues in force for any balance of
the period specified for complying with it and is to be
regarded as having been issued by the Minister.

59.           Existing safety cases remain in force

A safety case in force immediately before the
amendment day is to be taken to be —

(a)

a safety case accepted by the Minister on the day nominated by the Minister; and

(b)

in force on the same terms that applied immediately before the amendment day.

5548 GOVERNMENT GAZETTE, WA 30 December 2011

Petroleum (Submerged Lands) (MSOF) Amendment Regulations 2011

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60.           Safety case submitted before amendment day

(1) A safety case submitted under regulation 35(1) before
the amendment day but not finally dealt with before
that day —

(a)

is to be dealt with as if it had been submitted to the Minister; or

(b)

if it had been partially dealt with — is to continue to be dealt with as if it had been submitted to, and partially dealt with by, the Minister.

(2) The time limits for —

(a)

the power to seek further information in regulation 36; and

(b)

notification of a decision on the safety case under regulation 38,

continue as if the amendments made by the Petroleum
(Submerged Lands) (MSOF) Amendment
Regulations 2011 had not been made.

61.           Revised safety case submitted before amendment day

(1) A revised safety case submitted under regulation 40, 41
or 42 before the amendment day but not finally dealt
with before that day —

(a)

is to be dealt as if it had been submitted to the Minister; or

(b)

if it had been partially dealt with — is to continue to be dealt with as if it had been submitted to, and partially dealt with by, the Minister.

30 December 2011 GOVERNMENT GAZETTE, WA 5549

Petroleum (Submerged Lands) (MSOF) Amendment Regulations 2011

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(2) The time limits for —

(a)

the power to seek further information under regulation 43; and

(b)

notification of a decision on the revised safety case under regulation 45,

continue as if the amendments made by the Petroleum
(Submerged Lands) (MSOF) Amendment
Regulations 2011 had not been made.

11.           Various references to “Safety Authority” amended

In the provisions listed in the Table delete “Safety Authority”
(each occurrence) and insert:
Minister 

Table

r. 3 def. of safety case in force r. 6(2)
par. (a)
r. 7(1), (2), (3) and (4) r. 8(1), (2), (3) and (4)
r. 10(2) r. 11(2)
r. 15(1) and (3) r. 16(5)
r. 22(1) r. 34(1), (2) and (4)
r. 35(1) and (4) r. 36(1) and (3)
r. 37(1), (2), (3), (4) and (5) r. 38(1) and (2)
r. 39(1) and (2) r. 40(1), (2) and (3)
5550 GOVERNMENT GAZETTE, WA 30 December 2011

Petroleum (Submerged Lands) (MSOF) Amendment Regulations 2011

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r. 41(1), (3), (4), (5) and (6) r. 42(1)
r. 43(1) and (3) r. 44(1), (2), (3), (4) and (5)
r. 45(1) and (2) r. 47(1)
r. 48(1), (2), (3) and (4) r. 49(2), (3), (4), (5) and (6)
r. 53(1) and (3) r. 55(1), (2) and (3)
Note:  The headings to the amended regulations listed in the Table are to
read as set out in the Table.

Table

Amended regulation Regulation heading
r. 15 Minister may determine that safety case is
not required for particular facilities
r. 35 Safety case to be submitted to Minister
r. 36 Minister may request more information
r. 41 Revision on Minister’s request
r. 43 Minister may request more information

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.

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