Untitled document
Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012
S.R. No. 160/2012
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6Objects of this Chapter
7Definitions
8Nomination of operator—general
9Acceptance or rejection of nomination of operator
10Register of operators
11Removal of name from register
12Facility description, formal safety assessment and safety management system
13Involvement of members of the workforce
14Arrangements for records
15Safety case to be submitted to Safety Authority
16Safety Authority may request more information
17Acceptance or rejection of a safety case
18Notice of decision on safety case
19Consent to undertake work in a manner different from safety
case20Duties under Part 2 of Schedule 3 to the Act
21Variation of a safety case because of a change of circumstances or operations
22Variation on request by the Safety Authority
23Variation after 5 years
24Safety Authority may request more information
25Notice of decision on proposal for variation of a safety case
26Grounds for withdrawal of acceptance
27Notice before withdrawal of acceptance
28Safety Authority may give an exemption
29Validation of design, construction and installation, significant modification or decommissioning of a facility
30Notices and reports of accidents and dangerous occurrences
31Work on a facility must comply with the safety case
32New health and safety risk
33Interference with accident sites
34Details in applications or submissions
35Prohibition on the use of certain hazardous substances
36Limitations on exposure to certain hazardous substances
37Exposure to noise
38Exemptions from hazardous substances and noise requirements
39Appointment of returning officer
40Result of poll
41Orders under clause 52 of Schedule 3 to the Act
42Contents of DSMS
43Acceptance of new DSMS
44Acceptance of varied DSMS
45Grounds for rejecting DSMS
46Notice of reasons
47Register of DSMSs
48Variation of DSMS
49Notice to vary DSMS
50Diving project plan to Safety Authority if there is no operator
51Diving project plan to Safety Authority if requested
52Updating diving project plan
53No diving without approved diving project plan
54Involvement of divers and members of the workforce in
DSMS and diving project plan55Start-up notice
56Form 1
57Well operations management plans and approval of well activities
58Application
222Application
59Definitions
60Application for acceptance of well operations management
plan61Contents of well operations management plan
62New Part 5.5A inserted
PART 5.5A—WELL OPERATIONS MANAGEMENT PLANS AND APPROVAL OF WELL ACTIVITIES—PETROLEUM TITLEHOLDERS
Division 1—Preliminary
247AApplication
247BDefinitions
247CPart is a listed OHS law
Division 2—Requirements—well operations management plan
247DRequirement to have accepted well operations management plan
247ERequirement to undertake activities in accordance
with accepted well operations management plan
Division 3—Obtaining acceptance of well operations management plan
247FApplication for acceptance of well operations management plan
247GDecision on well operations management plan
247HCriteria for acceptance of well operations
management plan247IContents of well operations management plan
247JStatus of well operations management plan
Division 4—Variation of well operations management plan
247KApplication for acceptance of variation
247LRequirement to apply for variation of well operations management plan
247MDecision on request for acceptance of varied well operations management plan
247NVariation required by NOPSEMA
247OObjection to requirement to vary
247PDecision on objection
Division 5—Termination of well operations management
plan247QTermination of well operations management plan
Division 6—Withdrawal of acceptance of well operations management plan
247RReasons for withdrawal of acceptance
247SNotice of proposal to withdraw acceptance
247TDecision to withdraw acceptance
247URelationship between withdrawal and other provisions
Division 7—Approval for specific well activities
247VRequirement for approval of certain well activities
that change well bore247WApplication for approval to undertake activity
247XMinister may request more information
247YDecision on application
Division 8—Control of hazards and risks
247ZRequirement to control well integrity hazard or risk
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ENDNOTES
STATUTORY RULES 2012
S.R. No. 160/2012
Offshore Petroleum and Greenhouse Gas Storage Act 2010
Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012
The Governor in Council makes the following Regulations:
Dated: 19 December 2012
Responsible Minister:
MICHAEL O'BRIEN
Minister for Energy and ResourcesMATTHEW McBEATH
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 to—
(a)reflect that the name of the National Offshore Petroleum Safety Authority has changed to the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA);
(b)confer responsibility on NOPSEMA to oversee well operations management plans for offshore petroleum operations;
(c)make other minor and technical amendments.
2Authorising provision
These Regulations are made under section 794 of the Offshore Petroleum and Greenhouse Gas Storage Act 2010.
3Commencement
These Regulations come into operation on 1 January 2013.
4Principal Regulations
In these Regulations, the Offshore Petroleum and Greenhouse Gas Storage Regulations 2011[1] are called the Principal Regulations.
5Definitions
In regulation 4 of the Principal Regulations—
(a)in the definition of the Act, for "2010." substitute "2010;";
(b)in the definition of vary, for "modify;" substitute "modify.".
6Objects of this Chapter
In regulation 40(1) and (4) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
7Definitions
(1)In regulation 41 of the Principal Regulations, in the definition of accepted DSMS, for "the Safety Authority" substitute "NOPSEMA".
(2)In regulation 41 of the Principal Regulations, in the definition of in force, for "the Safety Authority" substitute "NOPSEMA".
(3)In regulation 41 of the Principal Regulations, in the definition of safety case, for "the Safety Authority" substitute "NOPSEMA".
8Nomination of operator—general
In regulation 45(1) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
9Acceptance or rejection of nomination of operator
(1)In regulation 46(1) of the Principal Regulations, for "The Safety Authority" substitute "NOPSEMA".
(2)In regulation 46(2) of the Principal Regulations—
(a)for "The Safety Authority" substitute "NOPSEMA";
(b)for "the Safety Authority" substitute "NOPSEMA".
(3)In regulation 46(3) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
(4)In regulation 46(4) of the Principal Regulations—
(a)for "The Safety Authority" substitute "NOPSEMA";
(b)for "the Safety Authority" substitute "NOPSEMA".
10Register of operators
(1)In regulation 47(1) of the Principal Regulations, for "The Safety Authority" substitute "NOPSEMA".
(2)In regulation 47(2) and (3) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
11Removal of name from register
In regulation 48 of the Principal Regulations—
(a)for "The Safety Authority" substitute "NOPSEMA";
(b)for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
12Facility description, formal safety assessment and safety management system
In regulation 49(4) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
13Involvement of members of the workforce
In regulation 55(1) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
14Arrangements for records
In regulation 67(1)(d), (3) and (5) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
15Safety case to be submitted to Safety Authority
(1)In the heading to regulation 68 of the Principal Regulations, for "Safety Authority" substitute "NOPSEMA".
(2)In regulation 68(1) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
(3)For regulation 68(4) of the Principal Regulations, substitute—
"(4)The operator must not submit the safety case before the operator and NOPSEMA have agreed on the scope of the validation for the facility unless the safety case is for a proposed facility that is—
(a)proposed to be or is being constructed at a place outside the coastal waters of Victoria; and
(b)proposed to be installed and operated within the coastal waters of Victoria.".
(4)In regulation 68(5) of the Principal Regulations—
(a)for "The Safety Authority" substitute "NOPSEMA";
(b)for "the Safety Authority" substitute "NOPSEMA".
16Safety Authority may request more information
(1)In the heading to regulation 69 of the Principal Regulations, for "Safety Authority" substitute "NOPSEMA".
(2)In regulation 69(1) and (3) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
17Acceptance or rejection of a safety case
(1)In regulation 70(1) of the Principal Regulations—
(a)for "The Safety Authority" substitute "NOPSEMA";
(b)for "the Safety Authority" substitute "NOPSEMA".
(2)In regulation 70(2) and (3) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
(3)In regulation 70(4) of the Principal Regulations—
(a)for "The Safety Authority" substitute "NOPSEMA";
(b)for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
(4)In regulation 70(5) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
18Notice of decision on safety case
In regulation 71(1) and (2) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
19Consent to undertake work in a manner different from safety case
In regulation 72(1) and (2) of the Principal Regulations, for "The Safety Authority" substitute "NOPSEMA".
20Duties under Part 2 of Schedule 3 to the Act
In regulation 73 of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
21Variation of a safety case because of a change of circumstances or operations
In regulation 74(1), (2), (3) and (4) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
22Variation on request by the Safety Authority
(1)In the heading to regulation 75 of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
(2)In regulation 75(1) of the Principal Regulations—
(a)for "The Safety Authority" substitute "NOPSEMA";
(b)for "the Safety Authority" substitute "NOPSEMA".
(3)In regulation 75(2), (3), (4), (5) and (6) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
23Variation after 5 years
In regulation 76(1) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
24Safety Authority may request more information
(1)In the heading to regulation 77 of the Principal Regulations, for "Safety Authority" substitute "NOPSEMA".
(2)In regulation 77(1) and (3) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
25Notice of decision on proposal for variation of a safety case
In regulation 79(1) and (2) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
26Grounds for withdrawal of acceptance
In regulation 81(1) of the Principal Regulations—
(a)for "The Safety Authority" substitute "NOPSEMA";
(b)for "the Safety Authority" substitute "NOPSEMA".
27Notice before withdrawal of acceptance
(1)In regulation 82(1) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
(2)In regulation 82(2) of the Principal Regulations, for "The Safety Authority" substitute "NOPSEMA".
(3)In regulation 82(3) of the Principal Regulations—
(a)for "The Safety Authority" substitute "NOPSEMA";
(b)for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
(4)In regulation 82(4) of the Principal Regulations, for "The Safety Authority" substitute "NOPSEMA".
28Safety Authority may give an exemption
(1)In the heading to regulation 83 of the Principal Regulations, for "Safety Authority" substitute "NOPSEMA".
(2)In regulation 83 of the Principal Regulations, for "The Safety Authority" substitute "NOPSEMA".
29Validation of design, construction and installation, significant modification or decommissioning of a facility
(1)In regulation 84(1) of the Principal Regulations, for "The Safety Authority" substitute "NOPSEMA".
(2)In regulation 84(2), (3), (4) and (5) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
30Notices and reports of accidents and dangerous occurrences
In regulation 86(2) and (4) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
31Work on a facility must comply with the safety case
In regulation 89(2) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
32New health and safety risk
In regulation 90(1) and (2) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
33Interference with accident sites
In regulation 93(2) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
34Details in applications or submissions
In regulation 94(1), (2) and (3) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
35Prohibition on the use of certain hazardous substances
In regulation 98(3) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
36Limitations on exposure to certain hazardous substances
In regulation 99(3) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
37Exposure to noise
In regulation 100(5) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
38Exemptions from hazardous substances and noise requirements
(1)In regulation 101(2) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
(2)In regulation 101(3) and (4) of the Principal Regulations, for "The Safety Authority" substitute "NOPSEMA".
39Appointment of returning officer
(1)In regulation 102(2) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
(2)In regulation 102(3) of the Principal Regulations, for "The Safety Authority" substitute "NOPSEMA".
40Result of poll
In regulation 121(1) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
41Orders under clause 52 of Schedule 3 to the Act
(1)In regulation 125(1), (2), (3) and (4) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
(2)In regulation 125(5) of the Principal Regulations, for "The Safety Authority" substitute "NOPSEMA".
42Contents of DSMS
In regulation 131(1) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
43Acceptance of new DSMS
In regulation 132(1), (2) and (3) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
44Acceptance of varied DSMS
(1)In regulation 133(1) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
(2)In regulation 133(2) of the Principal Regulations—
(a)for "The Safety Authority" substitute "NOPSEMA";
(b)for "the Safety Authority" substitute "NOPSEMA".
(3)In regulation 133(3) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
45Grounds for rejecting DSMS
In regulation 134 of the Principal Regulations—
(a)for "The Safety Authority" substitute "NOPSEMA";
(b)for "the Safety Authority" substitute "NOPSEMA".
46Notice of reasons
In regulation 135(1) and (2) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
47Register of DSMSs
In regulation 136(1) and (3) of the Principal Regulations, for "The Safety Authority" substitute "NOPSEMA".
48Variation of DSMS
In regulation 137 of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
49Notice to vary DSMS
(1)In regulation 138(1) of the Principal Regulations, for "The Safety Authority" substitute "NOPSEMA".
(2)In regulation 138(3), (4), (5) and (6) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
50Diving project plan to Safety Authority if there is no operator
(1)In the heading to regulation 140 of the Principal Regulations, for "Safety Authority" substitute "NOPSEMA".
(2)In regulation 140(2) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
(3)In regulation 140(3) of the Principal Regulations, for "The Safety Authority" substitute "NOPSEMA".
51Diving project plan to Safety Authority if requested
(1)In the heading to regulation 141 of the Principal Regulations, for "Safety Authority" substitute "NOPSEMA".
(2)In regulation 141 of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
52Updating diving project plan
In regulation 142(3) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
53No diving without approved diving project plan
In regulation 144 of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
54Involvement of divers and members of the workforce in DSMS and diving project plan
In regulation 145(2) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
55Start-up notice
(1)In regulation 151(1) of the Principal Regulations, in the definition of start-up notice, for "the Safety Authority" substitute "NOPSEMA".
(2)In regulation 151(2) and (3) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".
56Form 1
In Note 1 of Form 1 in Schedule 2 to the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA".
57Well operations management plans and approval of well activities
For the heading to Part 5.5 of the Principal Regulations, substitute—
PART 5.5—WELL OPERATIONS MANAGEMENT PLANS AND APPROVAL OF WELL ACTIVITIES—GREENHOUSE GAS TITLEHOLDERS"".
58Application
For regulation 222 of the Principal Regulations, substitute—
222Application"
This Part applies to the following titleholders—
(a)a greenhouse gas assessment permittee;
(b)a greenhouse gas holding lessee;
(c)a greenhouse gas injection licensee;
(d)a registered holder of a greenhouse gas special authority;
(e)a greenhouse gas-related infrastructure licensee.".
59Definitions
(1)In regulation 223 of the Principal Regulations, insert the following definition—
"greenhouse gas-related infrastructure licensee means the registered holder of an infrastructure licence that authorises the licensee to construct and operate an infrastructure facility that relates to a greenhouse gas substance;".
(2)In regulation 223 of the Principal Regulations, in the definition of integrity, omit "producing or".
60Application for acceptance of well operations management plan
In regulation 227(3)(d) of the Principal Regulations, omit "a petroleum access authority or".
61Contents of well operations management plan
In regulation 230(1)(b)(ii) of the Principal Regulations, omit "production or".
62New Part 5.5A inserted
After Part 5.5 of the Principal Regulations, insert—
PART 5.5A—WELL OPERATIONS MANAGEMENT PLANS AND APPROVAL OF WELL ACTIVITIES—PETROLEUM "TITLEHOLDERS
Division 1—Preliminary
247AApplication
This Part applies to the following titleholders—
(a)a petroleum exploration permittee;
(b)a petroleum retention lessee;
(c)a petroleum production licensee;
(d)a registered holder of a petroleum access authority;
(e)a petroleum-related infrastructure licensee.
247BDefinitions
In this Part—
integrity, in relation to a well, means that the potential producing or injection zone in the well bore—
(a)is under control, in accordance with an accepted well operations management plan; and
(b)is able to contain reservoir fluids; and
(c)is subject only to risks that have been reduced to a level that is as low as reasonably practicable;
petroleum-related infrastructure licensee means the registered holder of an infrastructure licence that authorises the licensee to construct and operate an infrastructure facility that relates to petroleum;
well includes all equipment located downhole from a well;
Examples
Equipment leading to a blow-out preventer, equipment leading to a well head, equipment leading to a Christmas tree.
well activity means an activity relating to a well that is carried out during the life of the well;
Examples
Exploratory drilling, production drilling, appraisal drilling, testing a well, well drilling, a wireline operation, a workover operation, a well completion or re-completion, maintenance of a well, abandonment or suspension of a well.
well integrity hazard means—
(a)an event that—
(i)may compromise the integrity of a well; and
(ii)would, if it occurred, have the consequence of a significant threat to the safety of individuals; or
(b)an event that may involve a risk of significant damage to the environment or the well reservoir of a well.
247CPart is a listed OHS law
For the purposes of section 700(e) of the Act, this Part is a listed OHS law to the extent it relates to occupational health and safety.
Division 2—Requirements—well operations management plan
247DRequirement to have accepted well operations management plan
(1)A titleholder who undertakes a well activity in a title area must have an accepted well operations management plan in force for undertaking the well activity in the title area.
Penalty:In the case of a body corporate, 400 penalty units;
In the case of a natural person, 80 penalty units.
(2)Subregulation (1) does not apply if—
(a)there is an emergency in which there is a likelihood of any of the following—
(i)injury;
(ii)significant discharge of fluids from the well;
(iii)damage to a natural resource; and
(b)the titleholder undertakes an activity to avoid the injury, discharge or damage; and
(c)as soon as practicable, the titleholder gives NOPSEMA notice of the emergency; and
(d)as soon as practicable, but within 3 days, the titleholder gives written notice to NOPSEMA about the activity undertaken.
Note
A direction under section 623 or 629 of the Act from the Minister has effect and must be complied with despite anything in the Regulations.
247ERequirement to undertake activities in accordance with accepted well operations management plan
(1)A titleholder who, in a title area, undertakes a well activity that is regulated by one or more requirements of an accepted well operations management plan in force for the title area must undertake the activity in accordance with the requirements of the plan for the activity.
Penalty:In the case of a body corporate, 400 penalty units;
In the case of a natural person, 80 penalty units.
(2)Subregulation (1) does not apply if—
(a)there is an emergency in which there is a likelihood of any of the following—
(i)injury;
(ii)significant discharge of fluids from the well;
(iii)damage to a natural resource; and
(b)the titleholder undertakes an activity to avoid the injury, discharge or damage; and
(c)as soon as practicable, the titleholder gives NOPSEMA notice of the emergency; and
(d)as soon as practicable, but within 3 days, the titleholder gives written notice to NOPSEMA about the activity undertaken.
Note
A direction under section 623 or 629 of the Act from the Minister has effect and must be complied with despite anything in the Regulations.
Division 3—Obtaining acceptance of well operations management plan
247FApplication for acceptance of well operations management plan
(1)A titleholder may apply to NOPSEMA for acceptance by NOPSEMA of a well operations management plan.
(2)The titleholder must give the plan to NOPSEMA—
(a)at least 30 days before the proposed start of the well activity; or
(b)if NOPSEMA allows, and notifies in writing, another period—within that period.
(3)The plan—
(a)must be in writing; and
(b)may apply to well activities for more than one well; and
(c)may be submitted, with the approval of NOPSEMA notified in writing, in parts for particular stages of the activity; and
(d)if the plan is for undertaking a well activity authorised by a petroleum access authority relating to a deviation well, must be the same as the accepted well operations management plan in force for undertaking that well activity in a title area adjacent to the authority area.
247GDecision on well operations management plan
(1)Within 30 days after a titleholder gives a well operations management plan to NOPSEMA, NOPSEMA must—
(a)accept the plan, or one or more parts of the plan, as a well operations management plan; or
Example
NOPSEMA may approve a well operations management plan to the extent that it deals with a particular stage of a well activity, but not to the extent that it deals with other stages.
(b)reject the plan; or
(c)notify the titleholder in writing that NOPSEMA is unable to make a decision without further assessment of the plan.
(2)The acceptance of one or more parts of a well operations management plan is taken to be the rejection of any other parts of the well operations management plan that are not accepted by NOPSEMA.
(3)If NOPSEMA notifies the titleholder that NOPSEMA is unable to make a decision without further assessment of the plan, the notice must include—
(a)a description of any further information NOPSEMA requires to be included in the plan; and
(b)the date after which NOPSEMA will commence further assessment of the plan.
(4)The date specified under subregulation (3)(b) must give the titleholder a reasonable opportunity to modify or resubmit the plan.
(5)If NOPSEMA undertakes further assessment of the plan, NOPSEMA must, as soon as practicable—
(a)accept the plan, or one or more parts of the plan, as a well operations management plan; or
(b)reject the plan.
(6)NOPSEMA may accept the well operations management plan subject to conditions.
(7)NOPSEMA must notify the titleholder in writing of the following matters as soon as practicable after making a decision—
(a)the terms of the decision;
(b)if the decision is to reject the plan, or to accept one or more parts of the plan—the reasons for the decision;
(c)if the decision is to accept the plan, or one or more parts of the plan—the date on which the accepted plan commences;
(d)if the decision is to accept the plan, or one or more parts of the plan, subject to a condition—the condition and the reason for making the acceptance subject to a condition.
(8)If NOPSEMA accepts the well operations management plan, or one or more parts of the plan, the accepted plan commences on the day notified under subregulation (7)(c).
247HCriteria for acceptance of well operations management plan
(1)NOPSEMA must accept a well operations management plan under regulation 247G(1)(a) or (5)(a) if NOPSEMA is satisfied that—
(a)the plan is appropriate for the nature and scale of the well activity; and
(b)the plan shows that the risks identified by the titleholder in relation to the well activity will be managed in accordance with sound engineering principles, standards, specifications and good oilfield practice; and
(c)the plan includes the matters mentioned in regulation 247I; and
(d)the way in which the well activity will be carried out—
(i)will not result in the occurrence of any significant new detrimental risk or effect to the well activity; and
(ii)will not result in any significant increase in a detrimental risk or effect to the well activity that already exists.
(2)NOPSEMA must not accept a well operations management plan if NOPSEMA is not satisfied that the plan meets the requirements of subregulation (1).
247IContents of well operations management plan
(1)For the purposes of regulation 247H(1)(c), the matters are—
(a)information about the conduct of the well activity; and
(b)an explanation of—
(i)the philosophy of, and criteria for, the design, construction, operational activity and management of the well; and
(ii)the possible production or injection activities of the well—
showing that the well activity, and all associated operational work, will be carried out in accordance with good oilfield practice; and
(c)performance objectives against which the performance of the well activity is to be measured; and
(d)measurement criteria that define the performance objectives; and
(e)an explanation of how the titleholder will deal with—
(i)a well integrity hazard; or
(ii)a significant increase in an existing risk for the well—
including the possibility of continuing an activity for the purpose of dealing with the well integrity hazard or the risk; and
(f)details of when and how the titleholder will notify NOPSEMA, and give reports and information, about—
(i)the well activity; and
(ii)well integrity hazards; and
(iii)significant increases in existing risks for the well; and
(iv)other matters relevant to the conduct of the well activity; and
(g)an explanation of the way in which the titleholder will keep information required by the well operations management plan.
(2)NOPSEMA may give a titleholder permission, notified in writing, not to include matters in a well operations management plan if those matters are regulated in the title.
(3)A well operations management plan may include any other information that the titleholder believes is relevant.
247JStatus of well operations management plan
(1)If NOPSEMA has given the titleholder permission to give a well operations management plan to NOPSEMA in parts—
(a)the first part of the plan that NOPSEMA accepts is taken to be an accepted well operations management plan in its own right; and
(b)a part that is given to NOPSEMA after that acceptance is taken to be a variation to which Division 4 applies.
(2)If NOPSEMA accepts one or more parts of a well operations management plan—
(a)the part of the plan that NOPSEMA accepts is taken to be an accepted well operations management plan in its own right; and
(b)a part that is given to NOPSEMA after that acceptance is taken to be a variation to which Division 4 applies.
(3)If NOPSEMA accepts a well operations management plan as a replacement for an accepted well operations management plan, the previous accepted well operations management plan ceases to have effect.
Division 4—Variation of well operations management plan
247KApplication for acceptance of variation
(1)A titleholder may apply to NOPSEMA for acceptance by NOPSEMA of a variation of an accepted well operations management plan.
(2)The application must be accompanied by the proposed variation.
247LRequirement to apply for variation of well operations management plan
A titleholder must apply to NOPSEMA for a variation of the titleholder's well operations management plan if any of the following circumstances exists—
(a)a change in the understanding about the characteristics of the geology or reservoir that may have a significant impact on a well activity;
(b)the occurrence or potential occurrence of a significant new detrimental risk or effect to a well activity;
(c)a significant increase in a detrimental risk or effect to a well activity.
247MDecision on request for acceptance of varied well operations management plan
(1)If a titleholder gives a variation to NOPSEMA, NOPSEMA must within 30 days—
(a)if the varied well operations management plan would meet the requirements of regulation 247H(1)—accept the variation; or
(b)reject the variation; or
(c)notify the titleholder, in writing, that NOPSEMA is unable to make a decision without further assessment of the variation.
(2)If NOPSEMA notifies the titleholder that NOPSEMA is unable to make a decision without further assessment of the variation, the notice must include—
(a)a description of any further information NOPSEMA requires to be included in the variation; and
(b)the date after which NOPSEMA will commence further assessment of the variation.
(3)The date specified under subregulation (2)(b) must give the titleholder a reasonable opportunity to modify or resubmit the variation.
(4)If NOPSEMA undertakes further assessment of a variation, NOPSEMA must accept or reject the variation as soon as practicable.
(5)NOPSEMA may approve a variation subject to conditions.
(6)NOPSEMA must notify the titleholder in writing of the following matters as soon as practicable after making a decision—
(a)the terms of the decision;
(b)if NOPSEMA rejects the variation—the reasons for the decision;
(c)if NOPSEMA accepts the variation—the date on which the variation commences;
(d)if NOPSEMA accepts the variation subject to a condition—the condition and the reason for making the acceptance subject to the condition.
(7)If NOPSEMA accepts a variation of a well operations management plan, the plan as varied replaces the existing well operations management plan as the plan in force for the title area on the date notified under subregulation (6)(c).
247NVariation required by NOPSEMA
NOPSEMA may give a titleholder a notice in writing—
(a)advising the titleholder that NOPSEMA requires the titleholder to vary a well operations management plan as set out in the notice; and
(b)setting out the reasons for requiring the variation; and
(c)identifying the proposed date of effect of the variation; and
(d)identifying the proposed date by which the titleholder must submit a variation of the plan to NOPSEMA; and
(e)advising the titleholder of the effect of regulation 247O.
247OObjection to requirement to vary
(1)If NOPSEMA gives a titleholder a notice under regulation 247N, the titleholder may give an objection, in writing, to NOPSEMA—
(a)stating one or more of the following—
(i)that the variation should not occur;
(ii)that the variation should be in terms different from the proposed terms;
(iii)that the varied well operations management plan should take effect on a date later than the proposed date;
(iv)that the date by which the titleholder must submit a variation of the plan should be later than the proposed date; and
(b)giving reasons for the objection.
(2)The titleholder must make the objection within—
(a)21 days after receiving the notice; or
(b)if NOPSEMA, in writing, allows a longer period—that period.
247PDecision on objection
(1)If a titleholder gives an objection to NOPSEMA under regulation 247O, NOPSEMA must, within 30 days, decide whether to accept or reject the objection.
(2)NOPSEMA must notify the titleholder, in writing, of the following matters as soon as practicable after making a decision—
(a)the terms of the decision, including—
(i)whether the original notice given under regulation 247N is varied or withdrawn; and
(ii)if the original notice is varied—the new requirements;
(b)if the decision is to reject the objection—the reasons for the decision.
Division 5—Termination of well operations management plan
247QTermination of well operations management plan
An accepted well operations management plan ceases to be in force at the earliest of—
(a)when the titleholder withdraws the well operations management plan; and
(b)when NOPSEMA accepts another well operations management plan that replaces the well operations management plan; and
(c)when NOPSEMA withdraws its acceptance of the well operations management plan under Division 6; and
(d)the end of the period of 5 years starting when the well operations management plan was accepted, whether or not the well operations management plan has been varied since being accepted.
Division 6—Withdrawal of acceptance of well operations management plan
247RReasons for withdrawal of acceptance
NOPSEMA may withdraw its acceptance of a titleholder's well operations management plan if—
(a)the titleholder has not complied with the Act, this Part or a direction given under section 623 or section 629 of the Act; or
(b)the titleholder has not complied with the accepted well operations management plan; or
(c)NOPSEMA is satisfied for any other reason that its acceptance of the well operations management plan should be withdrawn.
247SNotice of proposal to withdraw acceptance
(1)If NOPSEMA believes it may be necessary to withdraw its acceptance of a well operations management plan, NOPSEMA must, at least 30 days before NOPSEMA would withdraw its acceptance—
(a)notify the titleholder in writing that NOPSEMA is considering the withdrawal of the acceptance; and
(b)include in the notification—
(i)an explanation of the reasons why NOPSEMA is considering withdrawing the acceptance; and
(ii)a date by which the titleholder may give NOPSEMA any information that NOPSEMA may take into account before deciding whether to withdraw the acceptance; and
(iii)any other information that NOPSEMA considers appropriate.
(2)NOPSEMA may give a copy of the notice to a person other than the titleholder if—
(a)NOPSEMA considers it appropriate; and
(b)the titleholder agrees in writing.
247TDecision to withdraw acceptance
(1)If NOPSEMA notifies a titleholder under regulation 247S(1), NOPSEMA must, as soon as practicable after the date mentioned in regulation 247S(1)(b)(ii) has passed—
(a)withdraw its acceptance of the well operations management plan; or
(b)decide not to withdraw its acceptance.
(2)NOPSEMA must not withdraw its acceptance unless NOPSEMA—
(a)has taken any information given under regulation 247S(1)(b)(ii) into account; and
(b)is satisfied that a reason mentioned in regulation 247R exists.
(3)NOPSEMA must notify a titleholder, in writing, of the following matters as soon as practicable after making a decision—
(a)the terms of the decision;
(b)if the decision is to withdraw its acceptance of the well operations management plan—the reasons for the decision.
247URelationship between withdrawal and other provisions
(1)NOPSEMA may withdraw its acceptance of a well operations management plan for the titleholder, even if the titleholder has been convicted of an offence, because of a failure to comply with a provision of the Act or the Regulations.
(2)If NOPSEMA withdraws its acceptance of a well operations management plan, the withdrawal does not prevent the titleholder from being convicted of an offence because of a failure to comply with a provision of the Act or the Regulations.
Division 7—Approval for specific well activities
247VRequirement for approval of certain well activities that change well bore
(1)A titleholder—
(a)who undertakes any one of the following well activities in the title area that leads to the physical change of a well bore—
(i)well drilling;
(ii)testing;
(iii)well completion;
(iv)abandonment or suspension of a well;
(v)well intervention; and
(b)who does not have the approval of NOPSEMA under regulation 247Y to undertake that activity—
is guilty of an offence and liable to a penalty not exceeding, in the case of a body corporate, 300 penalty units or, in the case of a natural person, 60 penalty units.
(2)Subregulation (1) does not apply if—
(a)there is an emergency in which there is a likelihood of any of the following—
(i)injury;
(ii)significant discharge of fluids from the well;
(iii)damage to a natural resource; and
(b)the titleholder undertakes an activity to avoid the injury, discharge or damage; and
(c)as soon as practicable, the titleholder gives NOPSEMA notice of the emergency; and
(d)as soon as practicable, but within 3 days, the titleholder gives written notice to NOPSEMA about the activity undertaken.
Note
A direction under section 623 or 629 of the Act from the Minister has effect and must be complied with despite anything in the regulations.
247WApplication for approval to undertake activity
(1)A titleholder may apply in writing to NOPSEMA for approval to undertake one of the following well activities if the activity will lead to the physical change of a well bore—
(a)well drilling;
(b)testing;
(c)well completion;
(d)abandonment or suspension of a well;
(e)well intervention.
(2)The application must include—
(a)a description of the well activity; and
(b)the titleholder's proposed timetable for carrying out the well activity.
247XMinister may request more information
(1)If a titleholder makes an application under regulation 247W, NOPSEMA may ask the titleholder to provide further written information about the proposed well activity.
(2)A request under subregulation (1) must be in writing and describe the information that is requested.
247YDecision on application
(1)As soon as practicable after NOPSEMA is satisfied there is enough information to make a decision on an application under regulation 247W, NOPSEMA must notify the titleholder in writing of—
(a)NOPSEMA's decision to approve or reject the application; and
(b)if NOPSEMA has decided to approve the application subject to a condition—the condition; and
(c)if NOPSEMA has decided to reject the application—the reasons for the rejection.
(2)An approval takes effect as soon as NOPSEMA notifies the titleholder of its decision.
Division 8—Control of hazards and risks
247ZRequirement to control well integrity hazard or risk
A titleholder who is operating a well in a title area must control—
(a)any well integrity hazard that has been identified for the well; and
(b)any significant increase in an existing risk for the well.
Penalty:In the case of a body corporate, 400 penalty units;
In the case of a natural person, 80 penalty units.
Note
An explanation of how a titleholder will deal with a well integrity hazard or a significant increase in an existing risk is required to be included in a well operations management plan under regulation 247I.
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ENDNOTES
[1] Reg. 4: S.R. No. 153/2011 as amended by S.R. No. 133/2012.
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