Petroleum and Other Fuels Reporting (Acceptable Alternative Report – Western Australia – Western Australia’s Territorial Sea) 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 – Western Australia’s Territorial Sea) 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Note: This table relates only to the provisions of this instrument as originally made.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 78 of the Petroleum (Submerged Lands) (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 – Western Australia’s Territorial Sea) Declaration 2018 was enacted to address the need for a streamlined reporting process for petroleum production in Western Australia's territorial sea. This notifiable instrument was introduced by Josh Frydenberg, the Minister for the Environment and Energy, and was made under subsection 19(2) of the Petroleum and Other Fuels Reporting Rules 2017. The main objective of this declaration is to specify that certain monthly production reports, given in accordance with regulation 78 of the Petroleum (Submerged Lands) (Resource Management and Administration) Regulations 2015 (WA), are considered acceptable alternatives for reporting purposes. The declaration took effect the day after its registration, as stipulated in the instrument. By recognising these reports as acceptable, the legislation aims to facilitate compliance with reporting requirements while ensuring the efficient management of petroleum resources in the specified region.
Scope and Application
The Petroleum and Other Fuels Reporting (Acceptable Alternative Report – Western Australia – Western Australia’s Territorial Sea) Declaration 2018 applies to monthly production reports that comply with regulation 78 of the Petroleum (Submerged Lands) (Resource Management and Administration) Regulations 2015 (WA) and have the consent of the report's submitter to be forwarded to the Secretary. This declaration is made under subsection 19(2) of the Petroleum and Other Fuels Reporting Rules 2017 and specifies that these reports are acceptable alternatives for the purposes of paragraph 19(1)(c) of those rules. The instrument commenced on the day after its registration and has a specific jurisdictional reach, applying to activities within Western Australia's territorial sea. The Minister for the Environment and Energy retains the authority to declare other monthly production reports as acceptable alternatives through notifiable instruments, thereby extending or restricting the application of the original declaration as necessary.
Key Provisions
The Petroleum and Other Fuels Reporting (Acceptable Alternative Report – Western Australia – Western Australia’s Territorial Sea) Declaration 2018 specifies that a monthly production report given in accordance with regulation 78 of the Petroleum (Submerged Lands) (Resource Management and Administration) Regulations 2015 (WA), and consented to be given to the Secretary, is an acceptable alternative report for January 2018 or any later calendar month (section 5). The entire instrument commences on the day after it is registered (section 2). The instrument is made under subsection 19(2) of the Petroleum and Other Fuels Reporting Rules 2017, with 'Rules' defined as the Petroleum and Other Fuels Reporting Rules 2017 and 'Secretary' defined as the Secretary of the Department (sections 3 and 4).
This legislation imposes specific obligations on entities required to report under the Petroleum and Other Fuels Reporting Rules 2017. They must ensure their monthly production reports align with the regulation 78 of the Petroleum (Submerged Lands) (Resource Management and Administration) Regulations 2015 (WA) and must consent to the report being given to the Secretary. These obligations are aimed at ensuring the reports meet the necessary standards and are available for review by the relevant authorities.
The Declaration does not explicitly outline offences or penalties for non-compliance, but non-compliance with the Petroleum and Other Fuels Reporting Rules 2017 could result in civil or criminal consequences. Under the parent act, the Petroleum and Other Fuels Reporting Rules 2017, penalties for non-compliance can include fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but it is clear that adherence to the reporting requirements is crucial to avoid potential legal repercussions.