EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 136
Minute No. 4 of 2005 - Minister for Industry, Tourism and Resources
Subject - Petroleum (Submerged Lands) Act 1967
Petroleum (Submerged Lands) (Occupational Health and Safety) Amendment Regulations 2005 (No. 1)
Subsection 157(1) of the Petroleum (Submerged Lands) Act 1967 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that by the Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Paragraph 157(2)(e) of the Act states that the regulations may make provision for securing, regulating, controlling or restricting the construction, erection, maintenance, operation or use of installations, equipment or facilities.
In accordance with a commitment by the Commonwealth Government, and agreed to by the States and Territories, the Petroleum (Submerged Lands) Amendment Act 2003 amended the Act to establish the National Offshore Petroleum Safety Authority (NOPSA) to regulate occupational health and safety in all of Australia’s offshore petroleum activities.
As part of this, the Act provides in subsection 9(2A) and 11(2A) that prescribes laws of States and Territories will not apply to petroleum facilities in the adjacent area of that State or Territory because they are wholly or substantially laws related to occupational health and safety, and hence overlap with, and duplicate the provisions of, laws that are administered by NOPSA. Subregulation 34A(1) of the of the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993 (the Principal Regulations) lists the State and Territory laws that do not apply.
The purpose of the Regulations is to amend the Principal Regulations to reflect changes made to Occupational Health and Safety laws in the State of Victoria. This item will replace the reference to the Occupational Health and Safety Act 1985 with reference to the Occupational Health and Safety Act 2004 from 1 July 2005, as Victoria has revoked the Occupational Health and Safety Act 1985 and replaced it with the Occupational Health and Safety Act 2004.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
The Regulations commence on 1 July 2005, and are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Authority: Subsection 157(1) of the Petroleum (Submerged Lands) Act 1967
Overview
The Petroleum (Submerged Lands) (Occupational Health and Safety) Amendment Regulations 2005 (No. 1) were enacted to align the regulations with the legislative changes in the State of Victoria regarding occupational health and safety laws. The Petroleum (Submerged Lands) Act 1967, enacted by the Commonwealth Parliament, established the framework for regulating petroleum activities on submerged lands adjacent to Australia. The 2003 Amendment Act introduced significant changes by establishing the National Offshore Petroleum Safety Authority (NOPSA) to regulate occupational health and safety in offshore petroleum activities, and clarified that State and Territory laws related to occupational health and safety would not apply to petroleum facilities in the adjacent area to avoid duplication with NOPSA's regulatory role. These regulations update the references in the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993 to reflect the replacement of the Occupational Health and Safety Act 1985 in Victoria with the Occupational Health and Safety Act 2004, effective from 1 July 2005.
Scope and Application
The Petroleum (Submerged Lands) Act 1967 applies to all offshore petroleum activities within Australia's jurisdiction, encompassing entities engaged in such activities, including companies, partnerships, and individuals. The Act's jurisdiction extends across the Commonwealth, state, and territory waters, ensuring a unified approach to offshore petroleum operations. The Act allows the Governor-General to make regulations necessary for its effective implementation, including those that secure, regulate, control, or restrict the construction, maintenance, operation, and use of offshore installations and facilities. These regulations also specify which state and territory laws do not apply to offshore petroleum facilities to prevent duplication with the National Offshore Petroleum Safety Authority (NOPSA). The Petroleum (Submerged Lands) (Occupational Health and Safety) Amendment Regulations 2005 (No. 1) specifically update references to align with the Occupational Health and Safety Act 2004 in Victoria, reflecting legislative changes within that state. There are no stated exclusions or thresholds for the application of these regulations, which commenced on 1 July 2005.
Key Provisions
The main operative sections of the Petroleum (Submerged Lands) (Occupational Health and Safety) Amendment Regulations 2005 (No. 1) are those that amend the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993. Specifically, subregulation 34A(1) is amended to update the reference from the Occupational Health and Safety Act 1985 to the Occupational Health and Safety Act 2004, effective from 1 July 2005. This change reflects the legislative update in Victoria, where the older Act has been replaced by the newer Act.
These Regulations impose obligations on the entities involved in offshore petroleum activities to comply with the updated reference to the Occupational Health and Safety Act 2004. By updating the reference, the Regulations ensure that the State laws of Victoria, which are now governed by the Occupational Health and Safety Act 2004, do not apply to petroleum facilities in the adjacent area of Victoria. Instead, the National Offshore Petroleum Safety Authority (NOPSA) assumes responsibility for regulating occupational health and safety, as mandated by the Petroleum (Submerged Lands) Amendment Act 2003.
The Regulations also specify that any laws of States and Territories, which are wholly or substantially related to occupational health and safety, will not apply to petroleum facilities in the adjacent area. This is to avoid any overlap or duplication of provisions between state laws and those administered by NOPSA.
In terms of consequences for non-compliance, the Regulations do not explicitly outline specific offences, penalties, or consequences. However, breaches of occupational health and safety regulations can result in significant civil and criminal liabilities under the Occupational Health and Safety Act 2004 and other relevant laws. For instance, individuals or companies failing to comply with occupational health and safety requirements can face substantial fines, with penalties varying depending on the severity and nature of the breach. Additionally, serious breaches may lead to criminal charges, resulting in imprisonment for directors or officers responsible for the oversight of safety measures.