Petroleum (Submerged Lands) (Occupational Health and Safety) Amendment Regulations 2005 (No. 2) (Cth)

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Petroleum (Submerged Lands) (Occupational Health and Safety) Amendment Regulations 2005 (No. 2)1

Select Legislative Instrument 2005 No. 179

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 8 August 2005

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) (Occupational Health and Safety) Amendment Regulations 2005 (No. 2).

2Commencement

These Regulations commence on 1 September 2005.

3Amendment of Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993

Schedule 1 amends the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993.

Schedule 1Amendments

(regulation 3)

[1]After subregulation 4F (2)

insert

  1. (2A)

    However, it is not an offence for a person to allow a member of the workforce who is under the person’s control to be exposed to a level of noise that exceeds the noise exposure standard if:

    1. (a)

      noise exposure is managed in a manner consistent with the provisions of the National Code of Practice for Noise Management and Protection of Hearing at Work [NOHSC: 2009 (2004)], as existing from time to time; and

    1. (b)

      after allowing for the protection offered by hearing protectors, the level of noise exposure is less than:

      1. (i)

        an LAeq,8h, of 85dB(A); or

      2. (ii)

        an LC,peak, of 140dB(C).

  2. (2B)

    Paragraph 2A (b) applies despite the wording of the noise exposure standard.

[2]Subregulation 23 (4)

omit

in the prescribed manner.

insert

by the returning officer.

[3]Regulation 24

omit

[4]Subregulation 34A (1), table, item 3, column 3

omit

Petroleum Act 1923 to the extent that it relates to occupational health and safety

[5]Subregulation 34A (1), table, item 5, column 3

omit

Petroleum Act 2000

[6]Schedule 1, Form 2, note 3

substitute

3. Under subclause 33 (3) of Schedule 7 to the Act, if a notice is issued to the operator or to an employer of members of the workforce, the operator’s representative at the facility must cause a copy of the notice to be displayed in a prominent place at or near each workplace at which the work is being performed.

[7]Schedule 1, Form 2, note 4

omit

· any person to whom an Improvement Notice has been issued;

[8]Schedule 1, Form 2, note 4, second occurring

before

inspector’s

insert

OHS

[9]Schedule 1, Form 3, note 3

omit

  1. ·

    any person to whom an Improvement Notice has been issued;

[10]Schedule 1, Form 3, note 3, second occurring

before

inspector’s

insert

OHS

[11]Schedule 1, Form 4, note 3, paragraphs (a) to (f)

substitute

· the operator of the facility or an employer who is affected by the decision;

· the health and safety representative for a designated work group that includes a group member affected by the decision;

· a workforce representative in relation to the designated work group that includes a group member affected by the decision;

· if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision.

[12]Schedule 1, Form 5, note 5

omit

subclause 36 (8)

insert

clause 37

[13]Schedule 1, Form 5, note 5, paragraphs (a) to (f)

substitute

· the operator of the facility or an employer who is affected by the decision;

· any person to whom an improvement notice has been issued;

· the health and safety representative for a designated work group that includes a group member affected by the decision;

· a workforce representative in relation to the designated work group that includes a group member affected by the decision;

· if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;

· the owner of any plant, substance or thing to which the OHS inspector’s decision relates.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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