Petroleum (Submerged Lands) Regulations 2020 (SA)

South Australia

Petroleum (Submerged Lands) Regulations 2020

under the Petroleum (Submerged Lands) Act 1982

Contents

Part 1—Preliminary

1Short title

2Commencement

3Definitions

4Forms, notices and reports

Part 2—Occupational health and safety

Division 1—Preliminary

5Object

6Relationship with other Parts

7Definitions

Division 2—Regulations relating to health and safety

8Avoiding fatigue

9Possession or control of drugs or intoxicants

10Person must leave the facility when instructed to do so

11Prohibition on the use of certain hazardous substances

12Limitations on exposure to certain hazardous substances

13Exposure to noise

14Exemptions from hazardous substances and noise requirements

Division 3—Elections of health and safety representatives

Subdivision 1—Returning officer

15Appointment of returning officer

Subdivision 2—The poll

16Number of votes

17Right to secret ballot

18Conduct of poll by secret ballot

19Conduct of poll if no request made for secret ballot

20If no candidate is elected

Subdivision 3—Polling by secret ballot

21Ballot papers

22Distribution of ballot papers

23Manner of voting by secret ballot

Subdivision 4—The count

24Envelopes given to returning officer

25Scrutineers

26Returning officer to be advised of scrutineers

27Persons present at the count

28Conduct of the count

29Informal ballot papers

30Completion of the count

31Destruction of election material

Subdivision 5—Result of election

32Request for recount

33Irregularities at election

34Result of poll

Division 4—Advice, investigations and inquiries

35Taking samples for testing etc

36Form of certain notices

Division 5—Exemptions from the requirements in Part 3 of Schedule 7 of the Act

37Orders under clause 45 of Schedule 7 of the Act

Division 6—State laws that do not apply

38Prescribed occupational health and safety laws

Division 7—Miscellaneous

39Service of notices

Part 3—Management of safety on offshore facilities

Division 1—Preliminary

40Object

41Relationship with other Parts

42Definitions

Division 2—Operators

43Nomination of operator

44Acceptance or rejection of nomination of operator

45Register of operators

Division 3—Safety cases

Subdivision 1—Contents of safety case

46Facility description, formal safety assessment and safety management system

47Implementation and improvement of the safety management system

48Standards to be applied

49Command structure

50Members of the workforce must be competent

51"Permit to work" system for safe performance of various activities

52Involvement of members of the workforce

53Design, construction, installation, maintenance and modification

54Medical and pharmaceutical supplies and services

55Machinery and equipment

56Drugs and intoxicants

57Evacuation, escape and rescue analysis

58Fire and explosion risk analysis

59Emergency communications systems

60Control systems

61Emergency preparedness

62Pipelines

63Vessel and aircraft control

64Arrangements for records

Subdivision 2—Submission and acceptance of safety cases

65Safety case to be submitted to Safety Authority

66Safety Authority may request more information

67Acceptance or rejection of a safety case

68Notice of decision on safety case

69Consent to undertake work outside of the requirements of the safety case

70Duties under Part 2 of Schedule 7 of the Act

Subdivision 3—Revised safety cases

71Revision of a safety case because of a change of circumstances or operations

72Revision on request by the Safety Authority

73Revision after 5 years

74Safety Authority may request more information

75Acceptance or rejection of a revised safety case

76Notice of decision on revised safety case

77Effect of rejection of revised safety case

Subdivision 4—Withdrawal of acceptance of a safety case

78Grounds for withdrawal of acceptance

79Notice before withdrawal of acceptance

Subdivision 5—Exemptions

80Safety Authority may give an exemption

Division 4—Validation

81Validation of design, construction and installation, significant modification or decommissioning of a facility

Division 5—Notifying and reporting accidents and dangerous occurrences

82Prescribed period of incapacity

83Meaning of dangerous occurrence

84Reporting accidents and dangerous occurrences

Division 6—Penalty provisions

85Facility must have registered operator

86Safety case required for the relevant stage in the life of a facility

87Work on a facility must comply with the safety case

88New health and safety risk

89Maintaining records

90Person on a facility must comply with safety case

91Interference with accident sites

Division 7—Miscellaneous

92Details in applications or submissions

Part 4—Pipelines

Division 1—Preliminary

93Object

94Definitions

95Meaning of validation

96Relationship with other Parts

Division 2—Operators

97Nomination of operator

98Acceptance or rejection of nomination of operator

99Register of operators

100Pipeline must have registered operator

Division 3—Consents to construct and operate a pipeline

Subdivision 1—Consent to construct

101Consent to construct required to construct a pipeline

102Matters to be agreed before pipeline licensee applies for consent to construct

103Application for consent to construct

104Deciding an application for a consent to construct

105Construction must comply with pipeline management plan

106Notice of route followed by pipeline

Subdivision 2—Consent to operate

107Consent to operate required before a pipeline is operated

108Matters to be agreed before pipeline licensee applies for consent to operate

109Application for consent to operate

110Deciding an application for a consent to operate

111Operation must comply with pipeline management plan

112Using pipeline to convey compositions of petroleum

Subdivision 3—Modifying or decommissioning a pipeline

113Modifying or decommissioning a pipeline

Division 4—Pipeline management plans

Subdivision 1—Acceptance of a pipeline management plan

114Submission of a pipeline management plan

115Handling pipeline management plan

116Time limit for accepting or not accepting a pipeline management plan

117Acceptance of a pipeline management plan

Subdivision 2—Contents of a pipeline management plan

118Contents of a pipeline management plan

119Description of safety policy

120Description of pipeline

121Description of pipeline management system

122Statement of standards

123Arrangements for documents

124Arrangements for reporting

Subdivision 3—Revision of a pipeline management plan

125Revision because of a change, or proposed change, of circumstances or operations

126Revision on request by the Minister

127Revision at the end of each 5 years

128Form of proposed revision

129Time limit for accepting or not accepting a proposed revision

130Acceptance of a proposed revision of a pipeline management plan

131Effect of non‑acceptance of proposed revision

Subdivision 4—Withdrawal of acceptance of a pipeline management plan

132Withdrawal of acceptance of a pipeline management plan

133Steps to be taken before withdrawal of acceptance

134Withdrawal of acceptance not affected by other provisions

Division 5—Pipeline safety management plans

Subdivision 1—Preliminary

135Definition

Subdivision 2—Acceptance of a pipeline safety management plan

136Consideration of a pipeline safety management plan

137Notice to pipeline licensee about a pipeline safety management plan

138Revision of a pipeline management plan—request by the Safety Authority concerning a pipeline safety management plan

139Submission about proposed revision of a pipeline management plan

140Proposed revision of a pipeline management plan

141Notice to pipeline licensee about proposed revision of a pipeline safety management plan

Subdivision 3—Withdrawal of acceptance of a pipeline safety management plan

142Request for withdrawal of acceptance of a pipeline management plan

143Steps to be taken before request for withdrawal of acceptance

144Withdrawal of acceptance of a pipeline management plan on request

Division 6—Notifying and reporting accidents and dangerous occurrences

145Prescribed period of incapacity

146Meaning of dangerous occurrence

147Reporting accidents and dangerous occurrences

148Reportable incidents

149Dealing with documents

150Reporting to Minister

Division 7—Miscellaneous

Subdivision 1—Requirements about workers

151Competence of workers

152Awareness of legislation

153Involvement of workers in pipeline management plan

Subdivision 2—Providing information

154Notice of contact details

155Minister may decline to consider application or submission if information is not given

Part 5—Diving safety

Division 1—Preliminary

156Application

157Definitions

158Meaning of diving

159When a diving operation begins and ends

Division 2—Diving safety management systems

160No diving without DSMS

161Contents of DSMS

162Acceptance of new DSMS

163Acceptance of revised DSMS

164Grounds for rejecting DSMS

165Notice of reasons

166Register of DSMSs

167Revision of DSMS

168Notice to revise DSMS

Division 3—Diving project plans

169Diving project plan to be approved

170Diving project plan to Safety Authority if there is no operator

171Diving project plan to Safety Authority if requested

172Updating diving project plan

173Contents of diving project plan

174No diving without approved diving project plan

Division 4—Involvement of divers and members of the workforce

175Involvement of divers and members of the workforce in DSMS and diving project plan

Division 5—Safety responsibilities

176Safety responsibilities of diving contractors

177Safety in the diving area

178Diving depths

Division 6—Diving supervisors

179Appointment of diving supervisors

180Duties of diving supervisors

Division 7—Start‑up notices

181Start‑up notice

Division 8—Diving operations

182Divers in diving operations

183Medical certificates

Division 9—Records

184Diving operations record

185Divers' log books

Part 6—Fees

186Fees

Schedule 1—Hazardous substances

Part 1—Interpretation

Part 2—Permitted circumstances for using certain hazardous substances

Part 3—Permitted circumstances for using certain hazardous substances with carcinogenic properties

Schedule 2—Forms

Schedule 3—Fees

Schedule 4—Revocation of Petroleum (Submerged Lands) Regulations 2005

Legislative history

Part 1—Preliminary

1—Short title

These regulations may be cited as the Petroleum (Submerged Lands) Regulations 2020.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Definitions

In these regulations, unless the contrary intention appears—

Act means the Petroleum (Submerged Lands) Act 1982;

controlled substance means a substance mentioned in—

(a)Schedule 8 of the Customs (Prohibited Exports) Regulations 1958 of the Commonwealth; or

(b)Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 of the Commonwealth;

intoxicant means a beverage or other substance for human consumption that contains alcohol (other than a substance for medical or pharmaceutical use);

member of the workforce, in relation to a facility, has the meaning given in clause 3 of Schedule 7 of the Act;

medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession as a nurse (other than as a student);

pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);

therapeutic drug means a drug that—

(a)may be prescribed by a medical practitioner; or

(b)may be sold without a prescription prepared by a medical practitioner.

4—Forms, notices and reports

(1)A form must be completed in accordance with a direction specified in, or at the foot of, the form.

(2)A person who is required for the purposes of the Act or these regulations to—

(a)complete a form; or

(b)give notice or make a report,

must complete the form, give notice or make the report in sufficient detail to allow proper consideration of the form, notice or report.

(3)A form, notice or report must be produced clearly and legibly.

Part 2—Occupational health and safety

Division 1—Preliminary

5—Object

The object of this Part is to prescribe matters related to occupational health and safety on offshore petroleum facilities.

6—Relationship with other Parts

The requirements of this Part are in addition to the requirements imposed on a person by any Parts of these regulations.

7—Definitions

In this Part, unless the contrary intention appears—

designated work group has the meaning given in clause 3 of Schedule 7 of the Act;

election means an election for a health and safety representative or a deputy health and safety representative under clause 25 or 32 of Schedule 7 of the Act;

employer has the meaning given in clause 3 of Schedule 7 of the Act;

facility has the meaning given in clause 3 of Schedule 7 of the Act;

health and safety representative means a person selected as a health and safety representative for a designated work group under clause 24 of Schedule 7 of the Act;

operator has the meaning given in clause 3 of Schedule 7 of the Act;

returning officer means a person appointed as a returning officer under regulation 15;

voter means a person who is eligible to vote in an election;

work has the meaning given in clause 3 of Schedule 7 of the Act;

workplace has the meaning given in clause 3 of Schedule 7 of the Act.

Division 2—Regulations relating to health and safety

8—Avoiding fatigue

(1)This regulation applies to—

(a)an operator; and

(b)an employer; and

(c)another person in control of—

(i)a facility; or

(ii)a part of a facility; or

(iii)particular work carried out at a facility.

(2)The person must not allow, or require, a member of the workforce who is under the person's control, to work for—

(a)a continuous period; or

(b)successive continuous periods,

of a duration that could reasonably be expected to have an adverse effect on the health or safety of the member of the workforce or other persons at or near the facility.

Maximum penalty: $1 100.

9—Possession or control of drugs or intoxicants

(1)A person on a facility must not have possession or control of—

(a)a controlled substance; or

(b)an intoxicant.

Maximum penalty: $1 100.

(2)It is a defence to a prosecution under subregulation (1)—

(a)that the person had possession or control of a controlled substance that is a therapeutic drug; and

(b)that the person had the therapeutic drug under their possession or control—

(i)in the course of the person's employment; or

(ii)in the course of the person's duties or practice as a medical practitioner, nurse or pharmacist; or

(iii)in accordance with the law of this State; or

(iv)if the person had lawfully acquired the therapeutic drug—for the person's bona fide personal use.

10—Person must leave the facility when instructed to do so

(1)A person on a facility must leave the facility if instructed to do so by a person in command of the facility.

Maximum penalty: $1 100.

(2)An instruction—

(a)in the case of an emergency—may be given orally; or

(b)in any other case, relevant to occupational health and safety on the facility—

(i)must be in writing; and

(ii)must include the reason for the instruction.

11—Prohibition on the use of certain hazardous substances

(1)This regulation applies to—

(a)an operator; and

(b)an employer; and

(c)another person in control of—

(i)a facility; or

(ii)a part of a facility; or

(iii)particular work carried out at a facility.

(2)The person must not allow a hazardous substance, referred to in column 2 of an item in Part 2 or Part 3 of Schedule 1, to be used in any circumstance other than a circumstance specified in column 3 of the item.

Maximum penalty: $2 200.

(3)It is a defence to a prosecution against subregulation (2) that the use is in accordance with an exemption granted by the Safety Authority under regulation 14.

(4)Subregulation (2) does not apply to the use of chrysotile asbestos if the use is permitted under regulation 3.4 of the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 of the Commonwealth.

12—Limitations on exposure to certain hazardous substances

(1)This regulation applies to—

(a)an operator; and

(b)an employer; and

(c)another person in control of—

(i)a facility; or

(ii)a part of a facility; or

(iii)particular work carried out at a facility.

(2)The person must not allow a member of the workforce, under the person's control, to be exposed to an airborne concentration of a hazardous substance in the breathing zone of the member of the workforce at a level that exceeds the appropriate exposure standard for the relevant period of time.

Maximum penalty: $2 200.

(3)It is a defence to a prosecution against subregulation (2) that the airborne concentration of the hazardous substance in the breathing zone of the member of the workforce is in accordance with an exemption given by the Safety Authority under regulation 14.

(4)In this regulation—

appropriate exposure standard means an airborne concentration for a substance as set out in the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 1003(1995)] published by the National Occupational Health and Safety Commission, as existing from time to time;

hazardous substance has the same meaning as in regulation 3.5 of the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 of the Commonwealth.

13—Exposure to noise

(1)This regulation applies to—

(a)an operator; or

(b)an employer; or

(c)another person in control of—

(i)a facility; or

(ii)a part of a facility; or

(iii)particular work carried out at a facility.

(2)The person must not allow a member of the workforce who is under the person's control to be exposed to a level of noise that is in excess of the noise exposure standard.

Maximum penalty: $2 200.

(3)It is a defence to a prosecution for an offence against subregulation (2) that the level of noise to which the member of the workforce is exposed, is in accordance with an exemption given by the Safety Authority under regulation 14.

(4)In this regulation—

noise exposure standard means the noise exposure standard set out in the National Standard for Occupational Noise [NOHSC: 1007(2000)] published by the National Occupational Health and Safety Commission, as existing from time to time.

14—Exemptions from hazardous substances and noise requirements

(1)This regulation applies to—

(a)an operator; or

(b)an employer; or

(c)another person in control of—

(i)a facility; or

(ii)a part of a facility; or

(iii)particular work carried out at a facility.

(2)A person mentioned in subregulation (1) may apply to the Safety Authority for an exemption from compliance with regulation 11(2), 12(2) or 13(2).

(3)The Safety Authority may grant an exemption if it considers that, in specified circumstances, compliance is not practicable.

(4)The Safety Authority may specify conditions and limitations on an exemption.

Division 3—Elections of health and safety representatives

Subdivision 1—Returning officer

15—Appointment of returning officer

(1)If, under clause 25(3) of Schedule 7 of the Act, an operator is required to conduct an election, or arrange for the conduct of an election, the operator must nominate a person to act as the returning officer for the election.

(2)The operator must notify the Safety Authority of the nomination.

(3)The Safety Authority may—

(a)approve the nomination and appoint the nominee as returning officer; or

(b)appoint another person as returning officer.

Subdivision 2—The poll

16—Number of votes

Each person eligible to vote in an election is entitled to 1 vote only in the election.

17—Right to secret ballot

A person eligible to vote in an election may request the returning officer for the election to conduct the poll for the election by secret ballot.

18—Conduct of poll by secret ballot

(1)As soon as practicable after a request under regulation 17, the returning officer must issue ballot papers for the poll to voters.

(2)The returning officer must conduct the poll in accordance with Subdivision 3 and Subdivision 4.

19—Conduct of poll if no request made for secret ballot

Subject to Subdivision 5, if no request is made for a secret ballot, the returning officer for an election may conduct a poll for the election in a manner determined by them to produce a fair result.

20—If no candidate is elected

If, in an election, no candidate is elected, the election is taken to have failed.

Subdivision 3—Polling by secret ballot

21—Ballot papers

A ballot paper must—

(a)state the election to which it relates; and

(b)set out the name of each candidate in alphabetical order; and

(c)state the manner of voting.

22—Distribution of ballot papers

(1)As soon as practicable before the close of a poll by secret ballot, the returning officer for an election must give to each voter—

(a)a ballot paper that is initialled by the returning officer; and

(b)an envelope that—

(i)is addressed to the returning officer; and

(ii)shows on its face that it relates to the election.

(2)The envelope given to a voter by a returning officer—

(a)may be pre‑paid as to postage; and

(b)in that case—may include on its face a statement by the returning officer that the envelope may be posted to the returning officer without expense to the voter.

(3)The returning officer must ensure that the ballot paper and envelope are enclosed in a covering envelope that is sealed and addressed to the voter.

23—Manner of voting by secret ballot

(1)A voter in a poll by secret ballot must mark the ballot paper to indicate their preference by placing the number 1 in the box printed opposite the name of the candidate for whom that person wishes to vote.

(2)After marking the ballot paper, the voter must—

(a)fold the ballot paper so as to conceal the marking; and

(b)put the ballot paper in the envelope referred to in regulation 22(1)(b) and seal the envelope; and

(c)lodge the ballot by—

(i)putting the envelope containing the ballot paper in a locked and sealed ballot box, provided for the election by the returning officer, in a secure part of the workplace where the members of the workforce in the designated work group to which the election relates may place envelopes of that kind; or

(ii)sending the envelope to the returning officer so as to reach them not later than the close of the poll.

(3)If, before lodging their ballot, a voter—

(a)claims that they have spoilt their ballot paper; and

(b)returns the ballot paper to the returning officer; and

(c)requests a further ballot paper,

the returning officer must—

(d)give the voter a fresh ballot paper; and

(e)write the word "spoilt" across the returned ballot paper and sign and date the writing; and

(f)retain the spoilt ballot paper until the end of 6 months after notification of the result of the poll is given under regulation 34.

Subdivision 4—The count

24—Envelopes given to returning officer

(1)A returning officer for an election must—

(a)keep the ballots received by them before the close of the poll secure; and

(b)keep the envelopes containing the ballot papers unopened until the count.

(2)The returning officer must not admit to the count ballot papers received after the close of the poll.

25—Scrutineers

Each candidate in a poll conducted by secret ballot may appoint 1 scrutineer to represent the candidate at the count.

26—Returning officer to be advised of scrutineers

A candidate must tell the returning officer for the election the name of their scrutineer (if any) before the commencement of the count.

27—Persons present at the count

(1)The returning officer for an election may direct a person to leave the place where the count is being conducted if the person—

(a)is not entitled to be present, or to remain present, at the count; or

(b)being entitled to be present, interrupts the count, except as provided by subregulation (2).

(2)A candidate's scrutineer may interrupt the count and so inform the returning officer if the scrutineer—

(a)objects to a decision by the returning officer that a ballot paper is formal or informal, as the case may be; or

(b)considers that an error has been made in the conduct of the count.

(3)A person who does not comply with a direction given to them under subregulation (1) is guilty of an offence.

Maximum penalty: $550.

(4)However, it is a defence to a prosecution for an offence against subregulation (3) if the person has a reasonable excuse.

28—Conduct of the count

(1)As soon as practicable after the close of the poll, the returning officer must count the votes for each candidate.

(2)A scrutineer, appointed under regulation 25, may be present at the count.

(3)A returning officer must, as soon as practicable before the count, notify each candidate, or a scrutineer of each candidate, of the place where, and the time when, the count is to occur.

(4)The candidate who receives the most votes is the successful candidate.

(5)If 2 or more candidates receive the same number of votes, the successful candidate is to be determined by lots drawn by the returning officer.

29—Informal ballot papers

A ballot paper is informal if—

(a)it is not initialled by the returning officer; or

(b)it has no vote marked on it; or

(c)it is so imperfectly marked that the intention of the person who marked the ballot paper is not clear; or

(d)it has any mark or writing on it by which the person who marked the ballot paper can be identified.

30—Completion of the count

After the count conducted in respect of a poll has been completed, the returning officer must prepare, date and sign a statement setting out—

(a)the number of valid votes given to each candidate; and

(b)the number of informal ballot papers.

31—Destruction of election material

At the end of 6 months after notification of the result of the poll for an election is given under regulation 34 the returning officer may destroy—

(a)the nominations for that election; and

(b)the ballot papers, including any spoilt ballot papers, for the election.

Subdivision 5—Result of election

32—Request for recount

(1)At any time before notification of the result of the poll for an election is given under regulation 34, the returning officer—

(a)on their own initiative—may conduct a recount of any ballot papers received in the election; or

(b)if a candidate makes a request, either orally or in writing, for a recount of any ballot papers received in the election and gives reasons for the request—must conduct a recount of the ballot papers.

(2)In conducting a recount, the returning officer—

(a)in the case of a poll by secret ballot—has the same powers for the purposes of the recount as they had in the count; and

(b)in any other case—may make any reasonable decision in respect of the allowance and admission, or disallowance and rejection, of a vote cast in the poll.

33—Irregularities at election

(1)Subject to subregulation (2), if the returning officer has reasonable grounds to believe that there has been an irregularity in the conduct of an election, the returning officer may, at any time before notification of the result of the poll is given under regulation 34, declare the election to be void.

(2)An election must not be declared to be void only because of—

(a)a defect or irregularity in the conduct of the election that did not affect the result of the election; or

(b)an error or defect in an instrument or other document made, or purporting to be made, for the purposes of this Division; or

(c)an illegal practice, other than bribery or corruption, or attempted bribery or corruption, having been engaged in by a person, unless—

(i)it is likely that the result of the election was affected by the practice; and

(ii)it is just that the election be declared void.

(3)If an election is declared void, regulation 34 applies as if the election had failed.

34—Result of poll

(1)As soon as practicable after the failure of an election, a returning officer must notify in writing—

(a)the operator of the facility to which the election relates; and

(b)the Safety Authority,

of the failure of the election.

(2)As soon as practicable after the close of the poll for an election that has not failed, the returning officer must notify in writing the candidate who is elected and enclose with the notification a copy of the statement prepared under regulation 30.

Division 4—Advice, investigations and inquiries

35—Taking samples for testing etc

(1)If a sample of a substance or thing taken under clause 57(1) of Schedule 7 of the Act is safely and practicably divisible, the OHS inspector who has taken the sample must—

(a)divide the sample into 3 parts; and

(b)put each part into a container and seal and label the container appropriately; and

(c)give one part to the operator or the employer for whom the substance or thing was being used; and

(d)provide another part for inspection, examination, measuring or testing for the purposes of Schedule 7 of the Act; and

(e)retain the remaining part for any further inspection, examination, measuring or testing that is required.

(2)If a sample of a substance or thing taken under clause 57(1) of Schedule 7 of the Act is not safely and practicably divisible, the OHS inspector who has taken the sample must provide the whole sample for inspection, examination, measuring or testing for the purposes of that Schedule.

(3)An OHS inspector who, under clause 57(1) of Schedule 7 of the Act—

(a)has taken possession of any plant, substance or thing; or

(b)has taken a sample of a substance or thing,

and removed the plant, substance or thing or the sample from the workplace must take all reasonable steps to ensure that, while in their possession or control—

(c)the plant, substance or thing is not damaged; or

(d)the sample is not contaminated.

36—Form of certain notices

A notice issued by an elected health and safety representative or OHS inspector under a following provision of Schedule 7 of the Act must be in accordance with the form in Schedule 2 of these regulations specified in relation to the provision concerned:

(a)clause 37(2)—Form 1;

(b)clause 57(1)—Form 2;

(c)clause 58(1)—Form 3;

(d)clause 59(1)—Form 4;

(e)clause 61(1)—Form 5.

Division 5—Exemptions from the requirements in Part 3 of Schedule 7 of the Act

37—Orders under clause 45 of Schedule 7 of the Act

(1)For the purposes of clause 45(1) of Schedule 7 of the Act, a person may apply in writing to the Safety Authority for an order exempting the person from 1 or more of the provisions of Part 3 of that Schedule.

(2)Within 28 days after the Safety Authority receives an application, the Safety Authority must decide whether or not to make the order.

(3)In making the decision, the Safety Authority must—

(a)consult with persons who might be affected by the decision to grant or refuse an exemption; and

(b)take into account submissions made by those persons.

Examples—

1If an operator applies for an exemption, a health and safety representative might be an affected person.

2If a health and safety representative applies for an exemption, an operator might be an affected person.

(4)In granting an exemption, the Safety Authority—

(a)may grant an exemption subject to conditions; and

(b)may specify a period of time in which an exemption applies.

(5)The Safety Authority must give reasons for the decision.

Division 6—State laws that do not apply

38—Prescribed occupational health and safety laws

The following laws of this State are prescribed for the purposes of section 14A of the Act:

(a)Dangerous Substances Act 1979;

(b)Energy Products (Safety and Efficiency) Act 2000;

(c)Electricity Act 1996, to the extent that it relates to occupational health and safety;

(d)Work Health and Safety Act 2012.

Division 7—Miscellaneous

39—Service of notices

(1)For the purposes of Schedule 7 of the Act and this Part, a notice that is to be given to a body corporate may be given to a director, principal executive officer or secretary of the body corporate.

(2)For the purposes of Schedule 7 of the Act and this Part, a notice or report may be given to a person by email with a copy of the notice or report to be sent by pre‑paid post to the person's address.

Part 3—Management of safety on offshore facilities

Division 1—Preliminary

40—Object

The object of this Part is to ensure that—

(a)offshore petroleum facilities are constructed, installed, operated, modified and decommissioned in the adjacent area only in accordance with safety cases that have been accepted by the Safety Authority; and

(b)safety cases for offshore petroleum facilities or proposed offshore petroleum facilities make provision for the following matters in relation to the health and safety of persons at or near the facilities:

(i)the identification of hazards, and assessment of risks;

(ii)the implementation of measures to eliminate the hazards, or otherwise control the risks;

(iii)a comprehensive and integrated system for management of the hazards and risks;

(iv)monitoring, audit, review and continuous improvement; and

(c)the risks to the health and safety of persons at the facilities are reduced to a level that is as low as reasonably practicable.

41—Relationship with other Parts

The requirements of this Part are in addition to the requirements imposed on a person by any other Part.

42—Definitions

In this Part, unless the contrary intention appears—

confined space means an enclosed, or partially enclosed, space that—

(a)is not used or intended for use as a regular workplace; and

(b)has restricted means of entry and exit; and

(c)has, or may have, inadequate ventilation, contaminated atmosphere or oxygen deficiency; and

(d)is at atmospheric pressure when occupied;

contractor has the meaning given by clause 3 of Schedule 7 of the Act;

dangerous occurrence has the meaning given by regulation 83;

emergency, in relation to a facility, means an urgent situation that presents, or may present, a risk of death or serious injury to persons at the facility;

facility means a facility described in clause 3 of Schedule 7 of the Act, other than a facility mentioned in clause 4(8) of Schedule 7 of the Act;

Notes—

1Clause 3 of Schedule 7 of the Act includes, in the definition of facility, a facility that is being constructed or installed and, in some circumstances, an associated offshore place in relation to a facility.

2A facility mentioned in clause 4(8) of Schedule 7 of the Act is a pipeline. Pipelines are regulated under Part 4 of these regulations.

facility owner includes an owner, a charterer or a lessee of a facility or a proposed facility;

in force, in relation to a safety case, including a revised safety case, means that—

(a)the safety case has been accepted by the Safety Authority in relation to a facility; and

(b)the acceptance of the safety case has not been withdrawn;

major accident event means an event connected with a facility, including a natural event, having the potential to cause multiple fatalities of persons at or near the facility;

operator, for a facility, or proposed facility, means a person registered under regulation 44 as the operator for the facility or proposed facility by the Safety Authority;

performance standard means a standard, established by the operator, of the performance required of a system, item of equipment, person or procedure which is used as a basis for managing the risk of a major accident event;

revise, in relation to a safety case, includes extend or modify;

safety management system, for a facility, means a system for managing occupational health and safety at the facility;

stage in the life of the facility means any of the following:

(a)construction of the facility;

(b)installation of the facility;

(c)operation of the facility;

(d)modification of the facility;

(e)decommissioning of the facility;

titleholder, in relation to a facility means a permittee, lessee, licensee or pipeline licensee under Part 3 of the Act;

validation has the meaning given by regulation 81.

Division 2—Operators

43—Nomination of operator

(1)A facility owner or a titleholder may send to the Safety Authority a written notice nominating a person to be the operator for a facility or a proposed facility.

(2)A notice under subregulation (1) must include—

(a)the person's name; and

(b)the person's contact details, including—

(i)a business address; and

(ii)a telephone number and an email address for the operator during business hours; and

(iii)a telephone number and an email address for the operator outside business hours; and

(c)the person's ACN, if applicable; and

(d)the person's written consent to the nomination.

44—Acceptance or rejection of nomination of operator

(1)The Safety Authority must accept the nomination of a person as an operator if it is satisfied that the person has, or will have, the day‑to‑day management and control of—

(a)the facility or proposed facility; and

(b)operations at the facility or proposed facility.

(2)If the Safety Authority is not satisfied of the matters in subregulation (1)(a) and (b), it must reject the nomination.

(3)If the Safety Authority accepts the nomination, it must register the nominee as the operator of the facility or proposed facility.

(4)The Safety Authority must notify the owner or titleholder who made the nomination, and the nominee—

(a)of the decision to accept or reject the nomination; and

(b)if the Safety Authority has decided to reject the nomination—of the reasons for the rejection.

45—Register of operators

(1)The Safety Authority must maintain the register of operators.

(2)An owner or titleholder who has nominated a person to be the operator of a facility, or the operator of the facility, may notify the Safety Authority, in writing, that the registered operator has ceased to be the person who has, or will have, the day‑to‑day management and control of—

(a)the facility or proposed facility; and

(b)operations at the facility or proposed facility.

(3)On receipt of a notice under subregulation (2), the Safety Authority must remove the operator's name from the register.

(4)The Safety Authority may remove an operator's name from the register if—

(a)the Safety Authority believes, on reasonable grounds, that the operator does not or will not have day‑to‑day control of the facility and operations at the facility; and

(b)the Safety Authority has given notice of intention to remove the operator from the register to—

(i)the person who nominated the operator; and

(ii)the operator; and

(c)the Safety Authority has allowed a period of 30 days for the nominator and the operator to make representations; and

(d)the Safety Authority has considered those representations and continues to believe on reasonable grounds that the operator does not, or will not, have day‑to‑day management and control of the facility and operations at the facility.

Division 3—Safety cases

Subdivision 1—Contents of safety case

46—Facility description, formal safety assessment and safety management system

(1)The safety case for a facility must contain—

(a)a description of the facility that complies with subregulation (2); and

(b)a detailed description of the formal safety assessment for the facility that provides evidence that the formal safety assessment complies with subregulation (3); and

(c)a detailed description of the safety management system that provides evidence that the system complies with subregulation (4).

(2)The description of the facility must give details of—

(a)the layout of the facility; and

(b)the technical and other control measures identified as a result of the formal safety assessment; and

(c)the activities that will, or are likely to, take place at, or in connection with, the facility; and

(d)any other relevant matters.

(3)The formal safety assessment is an assessment, or series of assessments, conducted by the operator that—

(a)identifies all hazards having the potential to cause a major accident event; and

(b)is a detailed and systematic assessment of the risk associated with each of those hazards, including the likelihood and consequences of each potential major accident event; and

(c)identifies the technical and other control measures that are necessary to reduce that risk to a level that is as low as reasonably practicable.

Note—

A formal safety assessment relates only to major accident events.

(4)The safety management system for a facility must—

(a)be comprehensive and integrated; and

(b)provide for all activities that will, or are likely to, take place at, or in connection with, the facility; and

(c)provide for the continual and systematic identification of hazards to health and safety of persons at or near the facility; and

(d)provide for the continual and systematic assessment of—

(i)the likelihood of the occurrence, during normal or emergency situations, of injury or occupational illness associated with those hazards; and

(ii)the likely nature of such injury or occupational illness; and

(e)provide for the reduction to a level that is as low as reasonably practicable of risks to health and safety of persons at or near the facility including, but not limited to—

(i)risks arising during evacuation, escape and rescue in case of emergency; and

(ii)risks arising from equipment and hardware; and

(f)provide for inspection, testing and maintenance of the equipment and hardware that are the physical control measures for those risks; and

(g)provide for adequate communications between the facility and any relevant—

(i)facility; or

(ii)vessel; or

(iii)aircraft; or

(iv)on‑shore installation; and

(h)provide for any other matter that is necessary to ensure that the safety management system meets the requirements and objects of this Part; and

(i)specify the performance standards that apply.

Note—

The safety management system must provide for all hazards and risks to persons at the facility, not just risks of major accident events.

(5)If an operator of a facility submits to the Safety Authority a safety case for the construction or installation stage in the life of the facility, the safety case must contain the matters mentioned in subregulation (1) in relation to—

(a)the facility at that stage in the life of the facility; and

(b)the activities that will, or are likely to, take place at, or in connection with, the facility during that stage in the life of the facility; and

(c)to the extent that it is practicable—the facility and the activities that will, or are likely to, take place when the facility is in operation.

47—Implementation and improvement of the safety management system

The safety case for a facility must demonstrate that there are effective means of ensuring—

(a)the implementation of the safety management system; and

(b)continual and systematic identification of deficiencies in the safety management system; and

(c)continual and systematic improvement of the safety management system.

48—Standards to be applied

The safety case for a facility must specify all Australian and international standards that have been applied, or will be applied, in relation to the facility or plant used on or in connection with the facility for the relevant stage or stages in the life of the facility for which the safety case is submitted.

49—Command structure

(1)The safety case for a facility must specify—

(a)an office or position at the facility, the occupant of which is in command of the facility and responsible for its safe operation when on duty; and

(b)an office or position at the facility, the occupant of which is responsible for implementing and supervising procedures in the event of an emergency at the facility; and

(c)the command structure that applies in the event of an emergency at the facility.

Note—

The same person may occupy both of the offices or positions mentioned in subregulation (1)(a) and (b).

(2)The safety case must describe, in detail, the means by which the operator will ensure that, as far as reasonably practicable—

(a)the offices or positions mentioned in subregulation (1) are continuously occupied while the facility is in operation; and

(b)the person who occupies each office or position mentioned in subregulation (1) has the necessary skills, training and ability to perform the functions of the office or position; and

(c)the identity of the persons who occupy each office or position, and the command structure can, at all times, be readily ascertained by any person at the facility.

50—Members of the workforce must be competent

The safety case for a facility must describe the means by which the operator will ensure that each member of the workforce at the facility has the necessary skills, training and ability—

(a)to undertake routine and non‑routine tasks that might reasonably be given to them—

(i)in normal operating conditions; and

(ii)in abnormal or emergency conditions; and

(iii)during any changes to the facility; and

(b)to respond and react appropriately, and at the level that might be reasonably required of them, during an emergency.

51—"Permit to work" system for safe performance of various activities

(1)The safety case in respect of a facility must provide for the operator of the facility to establish and maintain, in accordance with subregulation (2), a documented system of coordinating and controlling the safe performance of all work activities of members of the workforce at the facility, including in particular—

(a)welding and other hot work; and

(b)cold work (including physical isolation); and

(c)electrical work (including electrical isolation); and

(d)entry into, and working in a confined space; and

(e)procedures for working over water; and

(f)diving operations.

Note—

The expression confined space is defined in regulation 42.

(2)The system must—

(a)form part of the safety management system described in the safety case in force for the facility; and

(b)identify the persons having responsibility to authorise and supervise work; and

(c)ensure that members of the workforce are competent in the application of the permit to work system.

52—Involvement of members of the workforce

(1)The operator of a facility must demonstrate to the Safety Authority, to the reasonable satisfaction of the Safety Authority, that—

(a)in the development or revision of the safety case in relation to the facility, there has been effective consultation with, and participation of, members of the workforce; and

(b)the safety case provides adequately for effective consultation with, and the effective participation of, the members of the workforce, so that they are able to arrive at informed opinions about the risks and hazards to which they may be exposed on the facility.

(2)A demonstration for the purposes of subregulation (1) must be supported by adequate documentation.

(3)In this regulation—

members of the workforce includes members of the workforce who are—

(a)identifiable before the safety case is developed; and

(b)working, or likely to be working, on the relevant facility.

Note—

Part 3 of Schedule 7 of the Act sets out consultative provisions that apply, including provisions for the establishment of designated workgroups, the election of health and safety representatives and the establishment of OHS committees. The arrangements under these consultative provisions should be used for consultation with members of the workforce about the development, preparation and revision of the safety case.

53—Design, construction, installation, maintenance and modification

(1)The safety case for a facility must describe the means by which the operator will ensure the adequacy of the design, construction, installation, maintenance or modification of the facility, for the relevant stage or stages in the life of the facility for which the safety case has been submitted.

(2)In particular, the design, construction, installation, maintenance and modification of the facility must provide for—

(a)adequate means of inventory isolation and pressure relief in the event of an emergency; and

(b)adequate means of gaining access for servicing and maintenance of the facility and machinery and other equipment on board the facility; and

(c)adequate means of maintaining the structural integrity of a facility; and

(d)implementation of the technical and other control measures identified as a result of the formal safety assessment.

54—Medical and pharmaceutical supplies and services

The safety case in respect of a facility must specify the medical and pharmaceutical supplies and services, sufficient for an emergency situation, that must be maintained on, or in respect of, the facility.

55—Machinery and equipment

(1)The safety case in respect of a facility must specify the equipment required on the facility (including process equipment, machinery and electrical and instrumentation systems) that relates to, or may affect, the safety of the facility.

(2)The equipment must be fit for its function or use—

(a)in normal operating conditions; and

(b)to the extent that it is intended to function, or be used, in an emergency—in case of emergency.

56—Drugs and intoxicants

The safety case for a facility must describe the means by which the operator will ensure that there is in place, or will be put in place, a method of—

(a)securing, supplying, and monitoring the use of, therapeutic drugs on the facility; and

(b)preventing the use on the facility of—

(i)controlled substances (other than therapeutic drugs); and

(ii)intoxicants.

57—Evacuation, escape and rescue analysis

(1)The safety case for a facility must contain a detailed description of an evacuation, escape and rescue analysis.

(2)The evacuation, escape and rescue analysis must—

(a)identify the types of emergency that could arise at the facility; and

(b)consider a range of routes for evacuation and escape of persons at the facility in the event of an emergency; and

(c)consider alternative routes for evacuation and escape if a primary route is not freely passable; and

(d)consider different possible procedures for managing evacuation, escape and rescue in the event of an emergency; and

(e)consider a range of means of, and equipment for, evacuation, escape and rescue; and

(f)consider a range of amenities and means of emergency communication to be provided in a temporary refuge; and

(g)consider a range of life saving equipment, including—

(i)life rafts to accommodate safely the maximum number of persons that are likely to be at the facility at any time; and

(ii)equipment to enable that number of persons to obtain access to the life rafts after launching and deployment; and

(iii)in the case of a floating facility—suitable equipment to provide a float‑free capability and a means of launching; and

(h)identify, as a result of the above considerations, the technical and other control measures necessary to reduce the risks associated with emergencies to a level that is as low as reasonably practicable.

Note—

In so far as it addresses major accident events, the evacuation, escape and rescue analysis forms part of the formal safety assessment.

58—Fire and explosion risk analysis

(1)The safety case for a facility must contain a detailed description of a fire and explosion risk analysis.

(2)The fire and explosion risk analysis must—

(a)identify the types of fires and explosions that could occur at the facility; and

(b)consider a range of measures for detecting those fires and explosions in the event that they do occur; and

(c)consider a range of measures for eliminating those potential fires and explosions, or for otherwise reducing the risk arising from fires and explosions; and

(d)consider the incorporation into the facility of both automatic and manual systems for the detection, control and extinguishment of—

(i)outbreaks of fire; and

(ii)leaks or escapes of petroleum; and

(e)consider a range of means of isolating and safely storing hazardous substances, such as fuel, explosives and chemicals, that are used or stored at the facility; and

(f)consider the evacuation, escape and rescue analysis, in so far as it relates to fires and explosions; and

(g)identify, as a result of the above considerations, the technical and other control measures necessary to reduce the risks associated with fires and explosions to a level that is as low as reasonably practicable.

Note—

In so far as it addresses major accident events, the fire and explosion risk analysis forms part of the formal safety assessment.

59—Emergency communications systems

(1)The safety case in respect of a facility must provide for communications systems—

(a)within the facility; and

(b)between the facility and—

(i)appropriate on‑shore installations; and

(ii)appropriate vessels and aircraft; and

(iii)other appropriate facilities,

that, in the event of an emergency in connection with the facility, is adequate for those kinds of communication.

(2)In particular, the safety case must provide for the communications systems of the facility to be—

(a)adequate to handle—

(i)a likely emergency on or relating to the facility; and

(ii)the operation requirements of the facility; and

(b)protected so as to be capable of operation in an emergency to the extent specified by the formal safety assessment relating to the facility.

60—Control systems

The safety case in respect of a facility must make adequate provision for the facility, in the event of an emergency, in respect of—

(a)back‑up power supply; and

(b)lighting; and

(c)alarm systems; and

(d)ballast control; and

(e)emergency shut‑down systems.

61—Emergency preparedness

(1)The safety case for a facility must—

(a)describe a response plan designed to address possible emergencies, the risk of which has been identified in the formal safety assessment for the facility; and

(b)provide for the implementation of that plan.

(2)The plan must—

(a)ensure, as far as reasonably practicable, the safety of persons likely to be on the facility at the time of the emergency; and

(b)specify the performance standards that it applies.

(3)The safety case must make adequate provision for escape drill exercises and fire drill exercises by persons on the facility.

(4)In particular, those exercises must ensure that those persons will be trained to function in the event of emergency with an adequate degree of knowledge, preparedness and confidence concerning the relevant emergency procedures.

(5)The safety case must provide for the operator of the facility to ensure, as far as reasonably practicable, that escape drill exercises and fire drill exercises are held in accordance with the safety case relating to the facility.

(6)The safety case in respect of a mobile facility must also specify systems that are adequate to—

(a)shut down or disconnect, in the event of emergency, all operations on the facility that could adversely affect the safety of the facility; and

(b)give appropriate audible and visible warnings of the shutting down or disconnecting of those operations.

62—Pipelines

(1)The safety case in respect of a facility must specify adequate procedures for shutting down or isolating, in the event of emergency, each pipeline connected to the facility, so as to stop the flow of hazardous substances through the pipeline.

(2)In particular, the procedures must include—

(a)effective means of controlling and operating all relevant emergency shut‑down valves for a pipeline; and

(b)a fail‑safe system of isolating a pipeline in the event of failure of other safety devices for the pipeline.

(3)The safety case in respect of a facility must also specify—

(a)adequate means of mitigating, in the event of emergency, the risks associated with each pipeline connected to the facility; and

(b)a frequency of periodic inspection and testing of pipeline emergency shut‑down valves that can reasonably be expected to ensure that they will operate correctly in an emergency.

63—Vessel and aircraft control

(1)The safety case for a facility must describe a system, that is implemented or will be implemented, as part of the operation of the facility that ensures, as far as reasonably practicable, the safe performance of operations that involve vessels or aircraft.

(2)The system must be able to meet the emergency response requirements identified in the formal safety assessment in relation to the facility and be described in the facility's safety management system.

(3)The equipment and procedures for ensuring safe vessel and aircraft operations must be fit for purpose.

64—Arrangements for records

(1)This regulation applies to the following documents:

(a)the safety case in force for the facility;

(b)a revision to the safety case for the facility;

(c)a written audit report for the safety case;

(d)a copy of each report given to the Safety Authority in accordance with regulation 84(2).

(2)The safety case for a facility must include arrangements for—

(a)making a record of the documents; and

(b)securely storing the documents and records—

(i)at an address nominated for the facility; and

(ii)in a manner that facilitates their retrieval as soon as practicable.

(3)A document mentioned in subregulation (1)(a) or (b) must be kept for 5 years after the date of acceptance of the document by the Safety Authority.

(4)A report mentioned in subregulation (1)(c) must be kept for a period of 5 years after the date of receipt by the operator.

(5)A copy mentioned in subregulation (1)(d) must be kept for a period of 5 years after the date the report was given to the Safety Authority.

Subdivision 2—Submission and acceptance of safety cases

65—Safety case to be submitted to Safety Authority

(1)If an operator for a facility wants to have a safety case accepted for the facility, they must submit the safety case to the Safety Authority.

(2)The safety case may relate to 1 or more stages in the life of the facility.

(3)The safety case may relate to more than 1 facility.

(4)The operator must not submit the safety case before the operator and the Safety Authority have agreed on the scope of the validation for the facility.

66—Safety Authority may request more information

(1)If an operator submits a safety case to the Safety Authority, the Safety Authority may request the operator to provide further written information about any matter required by this Part to be included in a safety case.

(2)A request under subregulation (1) must—

(a)be in writing; and

(b)set out each matter for which information is requested; and

(c)specify a period of at least 30 days within which the information is to be provided.

(3)If an operator receives a request, and provides all information requested by the Safety Authority within the period specified—

(a)the information becomes part of the safety case as if it had been included with the safety case as it was submitted to the Safety Authority; and

(b)the Safety Authority must have regard to the information as if it had been so included.

67—Acceptance or rejection of a safety case

(1)The Safety Authority must accept a safety case if—

(a)the safety case is appropriate to the facility and to the activities conducted at the facility; and

(b)the safety case complies with regulations 46 to 63 (as applicable) for each stage in the life of the facility in respect of which the safety case is submitted; and

(c)the safety case complies with regulation 64; and

(d)in a case in which the Safety Authority has requested a validation of the facility—

(i)the person, or each person, undertaking the validation meets the criteria specified in regulation 81(5); and

(ii)the validation complies with regulation 81.

(2)If a safety case is submitted for more than 1 stage in the life of the facility, the Safety Authority may accept the safety case for 1 or more stages in the life of the facility and reject the safety case for 1 or more stages in the life of the facility.

(3)If the Safety Authority rejects a safety case because the Safety Authority is not satisfied with any of the matters mentioned in subregulation (1), the Safety Authority must give the operator a reasonable opportunity to change the safety case and resubmit it.

(4)The Safety Authority must reject the safety case if—

(a)the Safety Authority has given an operator a reasonable opportunity to change and resubmit a safety case; and

(b)the operator resubmits the safety case; and

(c)the Safety Authority is not satisfied with any of the matters mentioned in subregulation (1).

(5)When accepting a safety case for a facility, the Safety Authority may impose limitations or conditions on the acceptance in respect of the facility or activities at the facility.

68—Notice of decision on safety case

(1)Within 90 days after receiving a safety case given under regulation 65, or resubmitted under regulation 67(3), the Safety Authority must—

(a)notify the operator, in writing, that the Safety Authority has decided to—

(i)accept the safety case; or

(ii)reject the safety case; or

(iii)do both of the following:

(A)accept the safety case for 1 or more specified stages in the life of the facility, but not for every stage in the life of the facility, in respect of which the safety case was submitted; and

(B)reject the rest of the safety case; or

(iv)accept the safety case subject to conditions or limitations; or

(b)notify the operator, in writing, that the Safety Authority is unable to make a decision about the safety case within the period of 90 days, and set out a proposed timetable for its consideration of the safety case.

(2)A failure by the Safety Authority to comply with subregulation (1) in relation to a safety case does not affect the validity of a decision by the Safety Authority to accept or reject the safety case.

(3)A notice of a decision under subregulation (1)(a) must include the terms of the decision (including any limitations or conditions) and the reasons for it.

69—Consent to undertake work outside of the requirements of the safety case

(1)The Safety Authority may, by notice in writing, given to the operator of a facility, consent to—

(a)the construction of the facility; or

(b)the installation of the facility; or

(c)the operation of the facility; or

(d)the modification of the facility; or

(e)the decommissioning of the facility,

in a manner that is different from the safety case in force in relation to the facility.

(2)The Safety Authority must not give a consent under subregulation (1) unless it is satisfied that there will not be an occurrence of a significant new risk to health and safety or a significant increase in an existing risk to health and safety arising from the construction, installation, operation, modification or decommissioning of the facility in the relevant manner.

70—Duties under Part 2 of Schedule 7 of the Act

The acceptance of a safety case by the Safety Authority, or compliance by an operator or another person with a safety case that has been accepted by the Safety Authority, does not derogate from the duties of the operator or person under Part 2 of Schedule 7 of the Act.

Subdivision 3—Revised safety cases

71—Revision of a safety case because of a change of circumstances or operations

(1)Subject to subregulation (2), an operator of a facility for which a safety case is in force must submit a revised safety case to the Safety Authority as soon as practicable after the occurrence of any of the following circumstances:

(a)the technical knowledge relied upon to formulate the safety case, including the knowledge of systems for identifying hazards and evaluating risks of major accident events, is outdated so that the safety case no longer adequately provides for the matters mentioned in regulations 46 to 63;

(b)the operator proposes to modify or decommission the facility and—

(i)the safety case has not been accepted by the Safety Authority for the modification or decommissioning stage in the life of the facility; or

(ii)the proposed modification or decommissioning is not adequately addressed in the safety case;

(c)there are reasonable grounds for believing that a series of proposed modifications to the facility would result in a significant cumulative change in the overall level of risk of major accident events;

(d)the operator proposes to significantly change the safety management system that is in force at the facility;

(e)the activities to be carried out at the facility are different from the activities contemplated in the safety case.

(2)If a circumstance mentioned in subregulation (1) is satisfied because the operator proposes to modify or decommission the facility the operator must not submit the revised safety case before the operator and the Safety Authority have agreed on the scope of the validation of the proposal.

(3)If the Safety Authority agrees, the operator of a facility may submit a revised safety case under subregulation (1) in the form of a revision to part of the safety case in force for the facility.

72—Revision on request by the Safety Authority

(1)The Safety Authority may request the operator of a facility for which a safety case is in force to submit a revised safety case to the Safety Authority.

(2)If the Safety Authority agrees, the operator of a facility may submit a revised safety case under subregulation (1) in the form of a revision to part of the safety case in force for the facility.

(3)A request by the Safety Authority must be in writing and include the following information:

(a)the matters to be addressed by the revision;

(b)the proposed date of effect of the revision;

(c)the grounds for the request.

(4)The operator may make a submission in writing to the Safety Authority requesting the variation or withdrawal of the request and stating the reasons why—

(a)the revision should not occur; or

(b)the revision should be in different terms from the terms proposed; or

(c)the revision should take effect on a date after the date proposed.

(5)The operator must make the submission—

(a)within 21 days after receiving the request; or

(b)within a longer period specified in writing by the Safety Authority.

(6)If the Safety Authority receives a submission that complies with subregulations (4) and (5), the Safety Authority must—

(a)decide whether to accept the submission or part of the submission; and

(b)give the operator written notice of the decision; and

(c)to the extent that the submission is accepted—give the operator written notice that varies or withdraws the request in accordance with the decision; and

(d)to the extent that the submission is rejected—give the operator written notice of the grounds for rejecting the submission or part of the submission.

(7)Unless the request is withdrawn, the operator must comply with a request, or a varied request.

73—Revision after 5 years

(1)The operator of a facility for which a safety case is in force must submit a revised safety case to the Safety Authority—

(a)5 years after the date that the safety case was first accepted under regulation 67; and

(b)5 years after the date of each acceptance of a revised safety case under regulation 75,

whether or not a revision under regulation 71 or 72 has been accepted within the 5 year period.

(2)A revised safety case submitted under this regulation must describe the means by which the operator will ensure the ongoing integrity of the technical and other control measures identified by the formal safety assessment for the facility.

74—Safety Authority may request more information

(1)If an operator submits a revised safety case to the Safety Authority, the Safety Authority may request the operator to provide further written information about any matter required by these regulations to be included in a safety case.

(2)A request under subregulation (1) must—

(a)be in writing; and

(b)set out each matter for which information is requested; and

(c)specify a period of not less than 10 days within which the information is to be provided.

(3)If an operator receives a request and provides all information requested by the Safety Authority within the period specified—

(a)the information becomes part of the revised safety case as if it had been included with the revised safety case as it was submitted to the Safety Authority; and

(b)the Safety Authority must have regard to the information as if it had been so included.

75—Acceptance or rejection of a revised safety case

(1)The Safety Authority must accept a revised safety case if—

(a)the revised safety case is appropriate to the facility and to the activities conducted at the facility; and

(b)the revised safety case complies with regulations 46 to 63 for each stage in the life of the facility in respect of which the revision is submitted; and

(c)the revised safety case complies with regulation 64; and

(d)in a case on which the Safety Authority has required a validation relating to a proposed modification—

(i)the person, or each person, undertaking the validation meets the criteria specified in regulation 81(5); and

(ii)the validation complies with regulation 81.

(2)If a safety case is revised in relation to more than 1 stage in the life of the facility, the Safety Authority may accept the revised safety case for 1 or more stages in the life of the facility and reject the revised safety case for 1 or more stages in the life of the facility.

(3)If the Safety Authority rejects a safety case because the Safety Authority is not satisfied with any of the matters mentioned in subregulation (1), the Safety Authority must give the operator a reasonable opportunity to change the safety case and resubmit it.

(4)If—

(a)the Safety Authority has given an operator a reasonable opportunity to change and resubmit a revised safety case or a revised part of a safety case; and

(b)the operator resubmits the revised safety case or revised part of the safety case; and

(c)the Safety Authority is not satisfied with any of the matters mentioned in subregulation (1),

the Safety Authority must reject the revised safety case.

(5)When accepting a revised safety case for a facility, the Safety Authority may impose limitations or conditions on the acceptance in respect of the facility or activities at the facility.

76—Notice of decision on revised safety case

(1)Within 30 days after receiving a revised safety case, or a revised part of a safety case, the Safety Authority must—

(a)notify the operator, in writing, that the Safety Authority has decided to—

(i)accept the revised safety case; or

(ii)reject the revised safety case; or

(iii)accept the revised safety case for 1 or more stages in the life of the facility, in respect of which the revised safety case was submitted, but not for every stage in the life of the facility; or

(iv)accept the revised safety case subject to conditions or limitations; or

(b)notify the operator, in writing, that the Safety Authority is unable to make a decision about the revised safety case within the period of 30 days, and set out a proposed timetable for its consideration of the revised safety case.

(2)A failure by the Safety Authority to comply with subregulation (1) in relation to a revised safety case does not affect the validity of a decision by the Safety Authority to accept or reject the revision.

77—Effect of rejection of revised safety case

If a revised safety case is not accepted, the safety case in force in relation to the facility immediately before the revised safety case was submitted remains in force subject to the Act and this Part, as if the revised safety case had not been submitted.

Subdivision 4—Withdrawal of acceptance of a safety case

78—Grounds for withdrawal of acceptance

(1)The Safety Authority may, by written notice to the operator of a facility, withdraw the acceptance of the safety case for the facility on any of the following grounds:

(a)the operator has not complied with—

(i)Schedule 7 of the Act; or

(ii)a notice issued by an OHS inspector under Schedule 7 of the Act; or

(iii)regulation 71, 72 or 73; or

(b)the Safety Authority has rejected a revised safety case.

(2)A notice under subregulation (1) must contain a statement of the reasons for the decision.

79—Notice before withdrawal of acceptance

(1)Before withdrawing the acceptance of a safety case for a facility, the Safety Authority must give the operator at least 30 days notice, in writing, of its intention to withdraw the acceptance.

(2)The Safety Authority may give a copy of the notice to such other persons as it thinks fit.

(3)The Safety Authority must specify, in the notice, a date (the cut‑off date) on or before which the operator (or other person to whom a copy of the notice has been given) may submit to the Safety Authority in writing, matters that the Safety Authority should take into account when deciding to withdraw the acceptance.

(4)The Safety Authority must take into account—

(a)any action taken by the operator—

(i)to remove a ground for withdrawal of acceptance; or

(ii)to prevent the recurrence of a ground for removal of acceptance; and

(b)any matter submitted under subregulation (3) before the cut‑off date.

Subdivision 5—Exemptions

80—Safety Authority may give an exemption

The Safety Authority may, by notice in writing, exempt the operator from the operation of 1 or more provisions of this Division.

Division 4—Validation

81—Validation of design, construction and installation, significant modification or decommissioning of a facility

(1)The Safety Authority may, by notice in writing, require the operator of a proposed facility, or an existing facility, to provide a validation—

(a)in respect of the proposed facility; or

(b)in respect of a proposed significant change to an existing facility.

(2)A validation of a proposed facility is a statement in writing by an independent validator in respect of the design, construction and installation (including instrumentation, process layout and process control systems) of the facility, to the extent that these matters are covered by the scope of the validation agreed between the Safety Authority and the operator.

(3)A validation of a proposed significant change to an existing facility is a statement in writing by an independent validator in respect of the proposed change, to the extent required by the scope of the validation agreed between the Safety Authority and the operator.

(4)The validation must establish, to the level of assurance reasonably required by the Safety Authority—

(a)in the case of a proposed facility—that the design, construction and installation (including instrumentation, process layout and process control systems) of the facility incorporate measures that—

(i)will protect the health and safety of persons at the facility; and

(ii)are consistent with the formal safety assessment for the facility; and

(b)in the case of an existing facility—that, after any proposed change or changes, the facility incorporate measures that will protect the health and safety of persons at the proposed facility.

(h)for each diver—the breathing apparatus and breathing mixture used;

(i)for each diver—the times at which the diver left the surface, reached the bottom, left the bottom and arrived at the surface again, and bottom time;

(j)for each diver—the maximum depth reached;

(k)the decompression schedule followed including, for each diver, details of the depths and the duration at each depth during decompression;

(l)details of any emergency or incident of special note that happened during the operation;

(m)details of any decompression illness and any treatment given;

(n)details of any significant defect or significant failure of diving plant or equipment used in the operation;

(o)details of any environmental factors relevant to the operation;

(p)anything else that is likely to affect the health or safety of anybody who took part in the operation.

Maximum penalty: $1 100.

(5)A diving supervisor responsible for a diving operation must sign—

(a)either—

(i)if the record is in a form that has multiple copies of each page—the original of each page of each entry; or

(ii)in any other case—each page of each entry; or

(b)if there are 2 or more diving supervisors for the operation—those parts of the entry that relate to diving work that they supervised,

in the diving operations record for the operation and must print their name below the signature.

Maximum penalty: $1 100.

(6)A diving contractor must keep a diving operations record for at least 7 years after the last entry in it.

Maximum penalty: $550.

185—Divers' log books

(1)A diver must—

(a)have a log book in the form required by subregulation (2); and

(b)for each time they dive—

(i)make an entry in the log book, in ink, as required by subregulation (3); and

(ii)sign the entry; and

(iii)have the diving supervisor for the operation countersign the entry; and

(c)keep the log book for at least 7 years after the date of the last entry in it.

Maximum penalty: $550.

(2)The log book must—

(a)have hard covers; and

(b)be bound so that pages cannot easily be removed; and

(c)have its pages serially numbered; and

(d)show the diver's name; and

(e)have a clear photograph of the head and shoulders of the diver; and

(f)have a specimen of the diver's signature.

(3)An entry in the log book must contain the following information:

(a)the date to which the entry relates;

(b)the location of the dive (and, if the dive was from a ship or installation, the name of the ship or installation);

(c)the maximum depth reached;

(d)the times at which the diver left the surface, reached the bottom, left the bottom and arrived at the surface again, and bottom time;

(e)the breathing apparatus and breathing mixture used;

(f)the decompression schedule followed;

(g)the work done and the plant and tools used;

(h)any decompression illness, barotrauma, discomfort or injury and details of any treatment given;

(i)details of any emergency or incident;

(j)anything else relevant to the diver's health or safety.

Part 6—Fees

186—Fees

(1)The fees set out in Schedule 3 are payable as specified in that Schedule.

(2)For the purpose of determining the registration of fees payable under section 91 of the Act—

(a)the prescribed amount for the purposes of section 91(1), (2) and (5) is $920;

(b)the prescribed amount for the purposes of section 91(3) and (6) is $4 590.

Schedule 1—Hazardous substances

Part 1—Interpretation

1In this Schedule—

bona fide research means a systematic, investigative or experimental activity conducted for the purpose of—

(a)acquiring new knowledge; or

(b)creating new or improved materials, products, devices, processes or services; or

(c)analysis to identify the kind or quantities of ingredients in a substance;

in situ, in relation to a product that contains asbestos, means that, at the time the use of the form of asbestos in the product is prohibited under regulation 12, the product is fixed or installed—

(a)in—

(i)a building or any other structure that forms a workplace; or

(ii)a plant, a vehicle or any other thing that is for use at a workplace; and

(b)in a way that does not constitute a risk to users until the asbestos contained in the product is disturbed.

Part 2—Permitted circumstances for using certain hazardous substances

Item	Substance (identified by substance name)	Permitted circumstance
201	Polychlorinated biphenyls (also known as PCBs)	1		Handling for storage prior to removal or disposal.
2		Storage prior to removal or disposal.
3		Removal or disposal.
4		Use when contained in existing electrical equipment or construction material.
5		Repair of existing electrical equipment or construction material.

Part 3—Permitted circumstances for using certain hazardous substances with carcinogenic properties

Item	Substance (identified by substance name, with chemical abstract number in square brackets)	Permitted circumstances
301	2-Acetylaminofluorene [53-96-3]	Bona fide research
302	Aflatoxins	Bona fide research
303	4-Aminodiphenyl [92-67-1]	Bona fide research
304	Amosite (brown asbestos) [12172-73-5]	1		Bona fide research.
2		Handling for storage prior to removal or disposal of amosite.
3		Storage prior to removal or disposal of amosite.
4		Removal or disposal of amosite in accordance with a law of a State or Territory relating to the removal of asbestos.
5		Disturbance of naturally occurring amosite that is incidental to operations not related to the extraction or processing of amosite, for example, roadworks.
6		Use of a facility that contains amosite, or use of an item of plant that is attached to a facility and that contains amosite, where—     (a)    the amosite is in situ; and     (b)    the use does not disturb the amosite.
305	Benzidine [92-87-5] and its salts, including benzidine dihydrochloride [531-85-1]	Bona fide research
306	bis (Chloromethyl) ether [542-88-1]	Bona fide research
307	Chloromethyl methyl ether (technical grade containing bis (chloromethyl) ether) [107-30-2]	Bona fide research
308	Crocidolite (blue asbestos) [12001-28-4]	1		Bona fide research.
2		Handling for storage prior to removal or disposal of crocidolite.
3		Storage prior to removal or disposal of crocidolite.
4		Removal or disposal of crocidolite in accordance with a law of a State or Territory relating to the removal of asbestos.
5		Disturbance of naturally occurring crocidolite that is incidental to operations not related to the extraction or processing of crocidolite, for example, roadworks.
6		Use (without disturbance) of crocidolite in products that are in situ.
309	4-Dimethylaminoazo-benzene [60-11-7]	Bona fide research
310	2-Naphthylamine [91-59-8] and its salts	Bona fide research
311	4-Nitrodiphenyl [92-93-3]	Bona fide research
312	Actinolite asbestos [77536-66-4]	1		Bona fide research.
2		Handling for storage prior to removal or disposal of actinolite.
3		Storage prior to removal or disposal of actinolite.
4		Removal or disposal of actinolite in accordance with a law of a State or Territory relating to the removal of asbestos.
5		Disturbance of naturally occurring actinolite that is incidental to operations not related to the extraction or processing of actinolite, for example, roadworks.
6		Use (without disturbance) of actinolite in products that are in situ.
313	Anthophyllite asbestos [77536-67-5]	1		Bona fide research.
2		Handling for storage prior to removal or disposal of anthophyllite.
3		Storage prior to removal or disposal of anthophyllite.
4		Removal or disposal of anthophyllite in accordance with a law of a State or Territory relating to the removal of asbestos.
5		Disturbance of naturally occurring anthophyllite that is incidental to operations not related to the extraction or processing of anthophyllite, for example, roadworks.
6		Use (without disturbance) of anthophyllite in products that are in situ.
314	Chrysotile (white asbestos) [12001-29-5]	1		Bona fide research.
2		Handling for storage prior to removal or disposal of chrysotile.
3		Storage prior to removal or disposal of chrysotile.
4		Removal or disposal of chrysotile in accordance with a law of a State or Territory relating to the removal of asbestos.
5		Disturbance of naturally occurring chrysotile that is incidental to operations not related to the extraction or processing of chrysotile, for example, road works.
6		Use (without disturbance) of chrysotile in products that are in situ.
315	Tremolite asbestos [77536-68-6]	1		Bona fide research.
2		Handling for storage prior to removal or disposal of tremolite.
3		Storage prior to removal or disposal of tremolite.
4		Removal or disposal of tremolite in accordance with a law of a State or Territory relating to the removal of asbestos.
5		Disturbance of naturally occurring tremolite that is incidental to operations not related to the extraction or processing of tremolite, for example, roadworks.
6		Use (without disturbance) of tremolite in products that are in situ.

Note—

This Part sets out the prohibitions and permitted uses that apply to all Australian workplaces under a national agreement. However, not all items and permitted uses are relevant to offshore petroleum operations.

Schedule 2—Forms

Form 1—Provisional improvement notice

Petroleum (Submerged Lands) Act 1982

To:

[the responsible person within the meaning of clause 37(2) of Schedule 7 of the Act]

I, [name of the health and safety representative issuing the notice], selected as the health and safety representative under clause 24 or 25 of Schedule 7 of the Act for [description of the designated work group], after consultation in accordance with clause 37(1) of Schedule 7 of the Act, believe that the following provision, or provisions, of the Act or regulations is, or are, being contravened or is, or are, likely to continue to be contravened:

The contravention is [a brief description]:

The contravention is occurring at [location]:

The reasons for my opinion are as follows:

In accordance with clause 37(5)(b) of Schedule 7 of the Act, action necessary to prevent the contravention, or the likely contravention, of the provision or provisions referred to above must be taken before (the date of a day that is—

(a)not less than 7 days after the day when the notice is issued; and

(b)reasonable in the opinion of the health and safety representative).

In accordance with clause 37(6) of Schedule 7 of the Act, I specify the following action to be taken:

Dated:

Signed: [signature of health and safety representative]

Notes—

1.Under clause 38(1) of Schedule 7 of the Act, a person to whom a provisional improvement notice is given may, within 7 days, request the Safety Authority or an OHS inspector to conduct an investigation into the subject matter of the notice.

2.Clause 38(5) of Schedule 7 of the Act requires a responsible person to whom a provisional improvement notice is given—

•to notify each group member affected by the notice of the fact that the notice has been issued; and

•to display a copy of the notice at or near each workplace at which work that is the subject of the notice is being performed.

3.Under clause 38(6) of Schedule 7 of the Act, a provisional improvement notice ceases to have effect when—

•it is cancelled by the health and safety representative or an OHS inspector; and

•the responsible person takes the action specified in the notice, or if no action is specified, takes the action that is necessary to prevent the contravention, or likely contravention, with which the notice is concerned.

4.Clause 38(7) of Schedule 7 of the Act requires the responsible person—

•to ensure, as far as possible, that a provisional improvement notice is complied with; and

•to inform the health and safety representative who issued the notice of the action taken to comply with the notice.

5.Under clause 65 of Schedule 7 of the Act, if an OHS inspector has confirmed or varied a provisional improvement notice—

•the operator of the facility or an employer affected by the decision; or

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

•the owner of any plant substances or thing to which that decision relates; or

•the person to whom the notice was issued; or

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

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

may request the Australian Industrial Relations Commission in writing to review the OHS inspector's decision.

Form 2—Notice of removal of plant or sample

Petroleum (Submerged Lands) Act 1982

To:

[name of operator, employer or owner of the plant, substance or thing (if applicable)]

and

[name of health and safety representative for designated workgroup]

I, [name of OHS inspector], an OHS inspector within the meaning of the Act, in the course of conducting an inspection under clause 48 of Schedule 7 of the Act, have taken possession of:

[description of item removed]

from the workplace at:

[address]

The reason for this action is:

[explanation of why removal of item was necessary]

Dated:

Signed: [signature of OHS Inspector]

Notes—

1.This notice must be displayed in a prominent place at the workplace from which the item was removed.

2.Under clause 63 of Schedule 7 of the Act, this notice must not be tampered with or removed until the item has been returned to the workplace.

3.Under clause 63 of Schedule 7 of the Act, a person who tampers with, or removes, a notice, before the item has been returned to the workplace, may be liable to a penalty of not more than $11 000 in the case of a natural person or $55 000 in the case of a body corporate.

4.Under clause 65 of Schedule 7 of the Act, any of the following persons may request the Australian Industrial Relations Commission in writing to review the OHS inspector's decision—

•the operator of the facility or an employer 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;

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

Form 3—Do not disturb notice

Petroleum (Submerged Lands) Act 1982

To:

[name of operator's representative at the facility]

I, [name of OHS inspector] an OHS inspector within the meaning of the Act, direct that:

[description of the affected workplace or part of workplace, plant, substance or thing]

is not to be disturbed during the period from [insert specified time] am/pm to [insert specified time] am/pm on [insert date].

The reasons for issuing this notice are:

Dated:

Signed: [signature of OHS Inspector]

Notes—

1.Under clause 58 of Schedule 7 of the Act, an operator of a facility who does not ensure that a notice is complied with may be liable to a penalty of not more than $27 500 in the case of a natural person and $137 500 in the case of a body corporate.

2.This notice must be displayed in a prominent place at the workplace and must not be tampered with or removed before the notice has ceased to have effect

3.Under clause 65 of Schedule 7 of the Act, any of the following persons may request the Australian Industrial Relations Commission in writing to review the OHS inspector's decision—

•the operator of the facility or an employer 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;

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

Form 4—Prohibition notice

Petroleum (Submerged Lands) Act 1982

To:

[name of operator's representative at the facility]

I, [name of OHS inspector], an OHS inspector within the meaning of the Act, am satisfied that it is necessary to issue a prohibition notice to the operator of [name of the facility] in order to remove an immediate threat to the health or safety of a person.

I THEREFORE PROHIBIT the following activity or activities—

(a)at this workplace or part of workplace: [specify workplace, or part, as the case may be]

(b)using this plant or substance: [specify plant or substance, if applicable]

(c)following this procedure: [specify procedure, if applicable]

*Action that may be taken that will be adequate to remove the threat to health and safety is:

[if insufficient space, use additional page]

Dated:

Signed: [signature of OHS Inspector]

[* Omit if inapplicable]

Notes—

1.Under clause 60 of Schedule 7 of the Act, an operator who fails to ensure that this notice is complied with, to the extent that it relates to a matter over which the operator has control, may be liable to a penalty of not more than $27 500 in the case of a natural person and $137 500 in the case of a body corporate.

2.This notice must be displayed in a prominent place at the workplace and must not be tampered with or removed before the notice has ceased to have effect.

3.Under clause 65 of Schedule 7 of the Act, any of the following persons may request the Australian Industrial Relations Commission, in writing, to review the OHS inspector's decision—

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

•a person to whom a prohibition notice has been issued;

•the health and safety representative for a designated work group that has 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.

Form 5—Improvement notice

Petroleum (Submerged Lands) Act 1982

To:

[name of responsible person]

I, [name of OHS inspector], an OHS inspector within the meaning of the Act, am satisfied that the person named above as the responsible person is contravening, or has contravened, and is likely to contravene:

(a)clause [insert clause number] of Schedule 7 of the Act; or

(b)regulation [insert regulation number];

at

[location of workplace].

The reasons for my opinion are:

[brief description of contravention]

You are required to take action within [insert number] days of the date of this notice to prevent any further contravention or likely contravention of the clause or regulation.

*The following action must be taken by the responsible person within the period specified above:

[If insufficient space, use additional page]

Dated:

Signed: [signature of OHS Inspector]

[* Omit if inapplicable]

When the required improvement has been completed, return this part of the notice to the following person at the address below:

Name:

Position:

Address:

Telephone number:

Improvement Notice No. [insert Improvement Notice No.] has been complied with.

Signed:

This notice was delivered to: [insert name]

in the office or position of [insert office or position]

at: [insert time, am or pm] on [insert date].

Notes—

1.Under clause 62 of Schedule 7 of the Act, a person who fails to ensure that this notice is complied with, to the extent that it relates to a matter over which the person has control, may be liable to a penalty of not more than $11 000 in the case of a natural person and $55 000 in the case of a body corporate.

2.This notice must be displayed in a prominent place at the workplace and, under clause 63 of Schedule 7 of the Act, must not be tampered with or removed before the notice has ceased to have effect.

3.This notice ceases to have effect when the OHS inspector notifies the responsible person that he or she is satisfied that the responsible person has taken adequate action to remove the threat to health and safety that caused the notice to be issued. If the OHS inspector has specified action that the responsible person should take to remove the threat, the responsible person should advise the OHS inspector as soon as the action has been taken.

4.Under clause 61(7) of Schedule 7 of the Act, an operator, or an employer of a member of the workforce to whom this notice is given must—

(a)give a copy of the notice to each health and safety representative for a designated workgroup having group members performing work that is affected by the notice; and

(b)display a copy of the notice in a prominent place at or near each workplace at which the work is being performed.

5.Under clause 65 of Schedule 7 of the Act, any of the following persons may request the Australian Industrial Relations Commission to review the OHS inspector's decision—

•the operator of the facility or an employer 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 a 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.

Schedule 3—Fees

1	Application fees, payable on application for—
(a)    an exploration permit (section 20(1)(f))	$7 500.00
(b)    an exploration permit in respect of a surrendered etc block (section 23(1)(a))	$7 500.00
(c)     renewal of an exploration permit (section 29(2)(c))	$7 500.00
(d)    a retention lease (section 37A(2)(e))	$7 500.00
(e)     renewal of a retention lease (section 37F(2)(d))	$7 500.00
(f)     a production licence (section 40(1)(e))	$7 500.00
(g)     a production licence in respect of a surrendered etc block (section 47(1)(a))	$7 500.00
(h)    2 or more production licences in exchange for original production licence (section 50(2)(e))	$7 500.00
(i)     renewal of a production licence (section 53(2)(d))	$7 500.00
(j)     a pipeline licence (section 63(1)(f))	$7 500.00
(k)    renewal of a pipeline licence (section 67(2)(c))	$7 500.00
(l)     variation of a pipeline licence (section 70(2)(e))	$7 500.00
(m)    registration of devolution of title (section 78(2))	$105.00
(n)    registration of change of company name (section 78(3)(b))	$105.00
(o)    special prospecting authority (section 110(2)(d))	$7 500.00
2	For inspection of register and all instruments or copies subject to inspection (section 85(1))	$20.00
3	For certified copy or extract from register etc (section 86(2))—per page	$4.00
4	For Minister's certificate as to registration etc (section 86(3))	$50.00
5	For access to information, or cores, cuttings or samples, under section 117(1b)(b), (2)(b), (3)(b), (5)(c), (5)(d) or (5a)(b)—per day	$45.00
6	Annual exploration permit fee (section 138)	$10 000.00
7	Annual retention lease fee, payable in respect of each block to which the lease relates at the commencement of each year of the term of the lease (section 138)	$20 000.00
8	Annual production licence fee, payable in respect of each block to which the licence relates at the commencement of each year of the term of the licence (section 138)	$20 000.00
9	Annual pipeline licence fee, payable in respect of each kilometre (or part kilometre) of the length of the pipeline at the commencement of each year of the term of the pipeline licence (section 138)	$100.00

Schedule 4—Revocation of Petroleum (Submerged Lands) Regulations 2005

The Petroleum (Submerged Lands) Regulations 2005 are revoked.

Legislative history

Notes

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or regulations

Year	No	Reference	Commencement
2020	240	Gazette 23.7.2020 p3882	23.7.2020: r 2