Petroleum and Other Fuels Reporting (Acceptable Alternative Report – Western Australia – Onshore Areas) Declaration 2018
I, Josh Frydenberg, Minister for the Environment and Energy, make the following declaration.
Dated 9 January 2018
Josh Frydenberg
Minister for the Environment and Energy
1 Name
This instrument is the Petroleum and Other Fuels Reporting (Acceptable Alternative Report – Western Australia – Onshore Areas) Declaration 2018.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of the instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 19(2) of the Petroleum and Other Fuels Reporting Rules 2017.
4 Definitions
In this instrument:
Rules means the Petroleum and Other Fuels Reporting Rules 2017.
Secretary means the Secretary of the Department.
5 Declaration
For the purposes of paragraph 19(1)(c) of the Rules, a monthly production report to which the following paragraphs apply is declared to be an acceptable alternative report for January 2018 or a later calendar month:
(a) the report is given in accordance with regulation 79 of the Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations 2015 (WA);
(b) the giver of the report consents to the report being given to the Secretary.
Note: For the purposes of paragraph 19(1)(c) of the Rules, the Minister may, by notifiable instrument, declare that a monthly production report given in accordance with subparagraph 19(1)(b)(i), (ii) or (iii) of the Rules is an acceptable alternative report for a month.
Overview
The Petroleum and Other Fuels Reporting (Acceptable Alternative Report – Western Australia – Onshore Areas) Declaration 2018 was enacted to address the need for an alternative reporting mechanism for monthly production in Western Australia's onshore areas. The instrument, dated 9 January 2018, was made by Josh Frydenberg, the Minister for the Environment and Energy, under subsection 19(2) of the Petroleum and Other Fuels Reporting Rules 2017. The policy objective behind this declaration is to provide flexibility in reporting requirements for petroleum and other fuels, ensuring that reports given in accordance with certain regulations are recognised as acceptable alternatives. The instrument came into effect the day after it was registered, as specified in the commencement provisions.
The declaration identifies a monthly production report that complies with regulation 79 of the Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations 2015 (WA), and where the giver of the report consents to it being provided to the Secretary, as an acceptable alternative report. This approach aims to streamline reporting processes while maintaining compliance with overarching regulatory requirements.
Scope and Application
The Petroleum and Other Fuels Reporting (Acceptable Alternative Report – Western Australia – Onshore Areas) Declaration 2018, issued by the Minister for the Environment and Energy, sets forth the criteria for a monthly production report that qualifies as an acceptable alternative report for onshore petroleum production in Western Australia from January 2018 onwards. This declaration applies to any entity or individual required to submit a monthly production report under the Petroleum and Other Fuels Reporting Rules 2017, specifically those involved in onshore petroleum activities in Western Australia. The declaration stipulates that such a report must comply with regulation 79 of the Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations 2015 (WA) and that the report's submitter must consent to the report being given to the Secretary. This legislation provides a streamlined reporting mechanism for certain onshore petroleum activities, ensuring compliance with federal reporting requirements through an alternative state-specific framework. The declaration is effective from the day after it is registered, as outlined in the commencement section, and does not include any provisions for exclusions, exemptions, or thresholds beyond the specified conditions.
Key Provisions
The Petroleum and Other Fuels Reporting (Acceptable Alternative Report – Western Australia – Onshore Areas) Declaration 2018, made by the Minister for the Environment and Energy, sets out certain conditions under which a monthly production report for petroleum and other fuels can be considered an acceptable alternative report for January 2018 or later months (s 5). The report must be given in accordance with regulation 79 of the Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations 2015 (WA) and the giver of the report must consent to it being given to the Secretary (s 5(a) and (b)). This declaration is made under subsection 19(2) of the Petroleum and Other Fuels Reporting Rules 2017.
Entities or individuals subject to the Petroleum and Other Fuels Reporting Rules 2017 must ensure their monthly production reports comply with the criteria set out in the declaration to be considered an acceptable alternative report. This includes adhering to the requirements of regulation 79 of the Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations 2015 (WA) and obtaining consent from the Secretary for the report to be used as an alternative (s 5). Failure to meet these conditions may result in the report not being accepted as an alternative.
Breach of the conditions set out in the declaration could potentially lead to non-compliance with the Petroleum and Other Fuels Reporting Rules 2017. While the declaration itself does not specify penalties for non-compliance, the overarching rules may impose sanctions. The Petroleum and Other Fuels Reporting Rules 2017 could include fines or other penalties for failure to report accurately or in accordance with the rules. The maximum penalties would depend on the specific provisions of the overarching rules and the nature and extent of the breach.
The commencement of the declaration is governed by the date it is registered, with all provisions taking effect the day after registration (s 2). This means that the declaration comes into force immediately upon registration, ensuring that the acceptable alternative report criteria are applicable from the specified date. The declaration’s provisions are tied to the Petroleum and Other Fuels Reporting Rules 2017, which may include further details on compliance, reporting procedures, and potential penalties for non-compliance.