Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2016
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Offshore Petroleum and Greenhouse Gas Storage
Amendment Regulations 2016
S.R. No. 123/2016
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 1
3 Principal Regulations 2
4 Objects of this Chapter 2
5 Definitions 2
6 Accepted environment plan required for an activity 8
7 Operations must comply with the accepted environment plan 8
8 Operations must not continue if new or increased environmental
risk identified 8
9 Division 2 of Part 2.2 of Chapter 2 substituted 9
10 Environmental assessment 17
11 Implementation strategy for the environment plan 19
12 Environmental emergency response manual 20
13 Regulation 18 substituted 21
14 Other information in the environment plan 22
15 Regulation 20 substituted 22
16 Variation on request by the Minister 23
17 Variation at the end of each 5 years 24
18 Form of proposed variation 24
19 New regulation 23A inserted 24
20 Acceptance of a varied environment plan 25
21 Withdrawal of acceptance of environment plan 25
22 Steps to be taken before withdrawal of acceptance 26
23 Withdrawal of acceptance not affected by other provisions 26
24 New regulation 28A inserted 27
25 Notifying reportable incidents 27
26 Written report of reportable incidents 28
27 New regulation 30A inserted 29
28 Reporting recordable incidents 30
29 New regulation 31A inserted 31
30 Regulation 32 substituted 32
31 Making records available 34
32 Part 2.4 of Chapter 2 substituted 35
-- 1 of 39 --
Regulation Page
ii
Authorised by the Chief Parliamentary Counsel
33 Site plans—summary of draft site plan 36
34 Decommissioning of structures, equipment and other items of
property 36
═══════════════
Endnotes 37
-- 2 of 39 --
Authorised by the Chief Parliamentary Counsel
Authorised Version
1
STATUTORY RULES 2016
S.R. No. 123/2016
Offshore Petroleum and Greenhouse Gas Storage Act 2010
Offshore Petroleum and Greenhouse Gas Storage
Amendment Regulations 2016
The Governor in Council makes the following Regulations:
Dated: 4 October 2016
Responsible Minister:
WADE NOONAN
Minister for Resources
ANDREW ROBINSON
Clerk of the Executive Council
1 Objective
The objective of these Regulations is—
(a) to make amendments to Chapter 2 of the
Offshore Petroleum and Greenhouse Gas
Storage Regulations 2011 relating to
environment plans to ensure consistency
with recent amendments to the Offshore
Petroleum and Greenhouse Gas Storage
(Environment) Regulations 2009 of the
Commonwealth; and
(b) to make other minor and technical
amendments to the Offshore Petroleum and
Greenhouse Gas Storage Regulations 2011.
2 Authorising provision
These Regulations are made under section 794 of
the Offshore Petroleum and Greenhouse Gas
Storage Act 2010.
-- 3 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
2
3 Principal Regulations
In these Regulations, the Offshore Petroleum and
Greenhouse Gas Storage Regulations 20111 are
called the Principal Regulations.
4 Objects of this Chapter
For regulation 5(b) of the Principal Regulations
substitute—
"(b) carried out in a manner by which the
environmental impacts and risks of the
activity will be reduced to as low as
reasonably practicable; and
(c) carried out in a manner by which the
environmental impacts and risks of the
activity will be of an acceptable level.".
5 Definitions
In regulation 6 of the Principal Regulations—
(a) insert the following definitions—
"control measure means a system, an item of
equipment, a person or a procedure that
is used as a basis for managing
environmental impacts and risks;
environmental management system means
the system used by a titleholder to
establish and implement its
environmental policy and manage the
environmental aspects of an activity,
and includes organisational structure,
planning activities, responsibilities,
practices, procedures, processes and
resources;
-- 4 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
3
environmental performance outcome means
a measurable level of performance
required for the management of
environmental aspects of an activity to
ensure that environmental impacts and
risks will be of an acceptable level;
greenhouse gas title means any of the
following—
(a) a greenhouse gas assessment
permit;
(b) a greenhouse gas holding lease;
(c) a greenhouse gas injection licence;
(d) a greenhouse gas search authority;
(e) a greenhouse gas special
authority;
(f) a greenhouse gas research
consent;
greenhouse gas titleholder means any of the
following—
(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 search authority;
(e) a registered holder of a
greenhouse gas special authority;
(f) a holder of a greenhouse gas
research consent;
-- 5 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
4
in force, in relation to an environment plan,
including a revised environment plan,
means that—
(a) the plan has been accepted; and
(b) the acceptance of the plan has not
been withdrawn; and
(c) the operation of the plan has not
ended;
petroleum title means any of the following —
(a) a petroleum exploration permit;
(b) a petroleum retention lease;
(c) a petroleum production licence;
(d) a pipeline licence;
(e) an infrastructure licence;
(f) a petroleum access authority;
(g) a petroleum special prospecting
authority;
(h) a petroleum scientific
investigation consent;
petroleum titleholder means any of the
following —
(a) a petroleum exploration permittee;
(b) a petroleum retention lessee;
(c) a petroleum production licensee;
(d) a pipeline licensee;
-- 6 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
5
(e) an infrastructure licensee;
(f) the registered holder of a
petroleum access authority;
(g) the registered holder of a
petroleum special prospecting
authority;
(h) the holder of a petroleum
scientific investigation consent;
titleholder means—
(a) a greenhouse gas titleholder; or
(b) a petroleum titleholder.";
(b) the definition of accepted is revoked;
(c) in the definition of environmental impact
omit "of an operator";
(d) for the definition of environmental
performance substitute—
"environmental performance means the
performance of a titleholder in relation
to the environmental performance
outcomes and standards mentioned in
an environment plan;";
(e) the definition of environmental
performance objective is revoked;
(f) for the definition of environmental
performance standard substitute—
"environmental performance standard
means a statement of the performance
required of a control measure;";
-- 7 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
6
(g) for the definition of environment plan
substitute—
"environment plan means the document
known as an environment plan that is
submitted to the Minister under
regulation 11;";
(h) for the definition of greenhouse gas activity
substitute—
"greenhouse gas activity means operations
or works in an offshore area undertaken
for the purpose of—
(a) exercising a right conferred on a
greenhouse gas titleholder under
the Act by a greenhouse gas title;
or
(b) discharging an obligation imposed
on a greenhouse gas titleholder by
the Act or a legislative instrument
under the Act;";
(i) the definition of greenhouse gas instrument
is revoked;
(j) the definition of greenhouse gas instrument
holder is revoked;
(k) the definition of instrument holder is
revoked;
(l) the definition of nominated address is
revoked;
(m) the definition of operator is revoked;
-- 8 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
7
(n) for the definition of petroleum activity
substitute—
"petroleum activity means operations or
works in an offshore area undertaken
for the purpose of—
(a) exercising a right conferred on a
petroleum titleholder under the
Act by a petroleum title; or
(b) discharging an obligation imposed
on a petroleum titleholder by the
Act or a legislative instrument
under the Act;";
(o) the definition of petroleum instrument is
revoked;
(p) the definition of petroleum instrument
holder is revoked;
(q) for the definition of recordable incident
substitute—
"recordable incident, for an activity,
means a breach of an environmental
performance outcome or environmental
performance standard, in the
environment plan that applies to the
activity, that is not a reportable
incident;";
(r) in the definition of reportable incident—
(i) omit "an operator of";
(ii) for paragraph (b)(iii) substitute—
"(iii) the environmental performance
outcomes set out in an
environment plan in force for
the activity;".
-- 9 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
8
6 Accepted environment plan required for an activity
For regulation 8(1) of the Principal Regulations
substitute—
"(1) A titleholder must not undertake an activity
if there is no environment plan in force for
that activity.
Penalty: In the case of a body corporate,
400 penalty units;
In the case of a natural person,
80 penalty units.".
7 Operations must comply with the accepted
environment plan
(1) In regulation 9(1) of the Principal Regulations, for
"The operator of an activity must not carry out
the" substitute "A titleholder must not undertake
an".
(2) For regulation 9(2) of the Principal Regulations
substitute—
"(2) Subregulation (1) does not apply to a
titleholder who undertakes an activity in a
manner contrary to the environment plan if
the titleholder is acting in accordance with
the consent in writing of the Minister to
undertake the activity in that manner.".
8 Operations must not continue if new or increased
environmental risk identified
(1) For regulation 10(1) and (2) of the Principal
Regulations substitute—
"(1) A titleholder must not undertake an activity
after the occurrence of any significant new
environmental impact or risk, or any
significant increase in an existing
environmental impact or risk, arising from
-- 10 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
9
the activity if the environment plan in force
for the activity does not provide for—
(a) the new impact or risk; or
(b) the increase in the impact or risk.
Penalty: In the case of a body corporate,
400 penalty units;
In the case of a natural person,
80 penalty units.".
(2) In regulation 10(3) of the Principal Regulations,
for "Subregulations (1) and (2) do not apply
to the operator if the operator" substitute
"Subregulation (1) does not apply to the
titleholder in relation to an activity if the
titleholder".
9 Division 2 of Part 2.2 of Chapter 2 substituted
For Division 2 of Part 2.2 of Chapter 2 of the
Principal Regulations substitute—
"Division 2—Acceptance of an
environment plan
11 Submission of an environment plan
(1) Before commencing an activity, a titleholder
must submit an environment plan for the
activity to the Minister.
(2) An applicant for a petroleum access
authority, petroleum special prospecting
authority, pipeline licence, greenhouse gas
search authority or greenhouse gas special
authority—
(a) may submit an environment plan for an
activity under the authority or licence to
the Minister; and
-- 11 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
10
(b) is taken to be a titleholder for the
purposes of this Division and
Division 3.
12 Form of environment plan
(1) An environment plan must be in writing.
(2) An environment plan may, if the Minister
approves, relate to—
(a) one or more stages of an activity; or
(b) a specified activity in one or more
identified locations specified in the
plan; or
(c) more than one activity; or
(d) an activity or activities to be undertaken
under 2 or more titles held by different
titleholders.
13 Publication of information about
environment plan
If an environment plan is submitted to the
Minister, the Minister must, as soon as
practicable, publicly disclose—
(a) the name of the titleholder; and
(b) a description of the activity or stage of
the activity to which the environment
plan relates; and
(c) the location of the activity; and
(d) details of the titleholder's nominated
liaison person for the activity; and
(e) the decision (if any) made by the
Minister in relation to the environment
plan.
-- 12 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
11
13A Withdrawal of submitted environment
plan
(1) A titleholder may, by notice in writing to the
Minister, withdraw a submitted environment
plan at any time before the Minister has
made a decision to accept or refuse to accept
the plan.
(2) If an environment plan is withdrawn, the
Minister must publicly disclose the
withdrawal.
13B Further information
(1) If a titleholder submits an environment plan,
the Minister may request the titleholder to
provide further written information about
any matter required by these Regulations to
be included in an environment plan.
(2) The request under subregulation (1) must—
(a) be in writing; and
(b) set out each matter for which
information is requested; and
(c) specify a reasonable period within
which the information is to be
provided.
(3) If a titleholder receives a request, and
provides information requested by the
Minister within the period specified or
within a longer period agreed to by the
Minister—
(a) the information becomes part of the
environment plan; and
(b) the Minister must have regard to the
information as if it had been included in
the submitted environment plan.
-- 13 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
12
13C Making decision on submitted
environment plan
(1) Within 30 days after a titleholder submits an
environment plan—
(a) if the Minister is reasonably satisfied
that the environment plan meets the
criteria set out in regulation 13D, the
Minister must accept the plan; or
(b) if the Minister is not reasonably
satisfied that the environment plan
meets the criteria set out in
regulation 13D, the Minister must give
the titleholder notice in writing under
subregulation (2); or
(c) if the Minister is unable to make a
decision on the environment plan
within the 30 day period, the Minister
must give the titleholder notice in
writing and set out a proposed timetable
for consideration of the plan.
(2) A notice to a titleholder under this
regulation must—
(a) state that the Minister is not reasonably
satisfied that the environment plan
submitted by the titleholder meets the
criteria set out in regulation 13D; and
(b) identify the criteria set out in
regulation 13D about which the
Minister is not reasonably satisfied; and
(c) set a date by which the titleholder may
resubmit the plan.
(3) The date referred to in subregulation (2)(c)
must give the titleholder a reasonable
opportunity to modify and resubmit the plan.
-- 14 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
13
(4) Within 30 days after the titleholder has
resubmitted the modified plan—
(a) if the Minister is reasonably satisfied
that the environment plan meets the
criteria set out in regulation 13D, the
Minister must accept the plan; or
(b) if the Minister is still not reasonably
satisfied that the environment plan
meets the criteria set out in
regulation 13D, the Minister must—
(i) give the titleholder a further notice
under subregulation (2); or
(ii) refuse to accept the plan; or
(iii) act under subregulation (6); or
(c) if the Minister is unable to make a
decision on the environment plan
within the 30 day period, the Minister
must give the titleholder notice in
writing and set out a proposed timetable
for consideration of the plan.
(5) If the titleholder does not resubmit
the plan by the date referred to in
subregulation (2)(c), or a later date agreed
to by the Minister, the Minister must—
(a) refuse to accept the plan; or
(b) act under subregulation (6).
(6) For the purposes of subregulation (4)(b)(iii)
and (5)(b), the Minister may do either or
both of the following—
(a) accept the plan in part for a particular
stage of the activity;
-- 15 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
14
(b) accept the plan subject to limitations or
conditions applying to operations for
the activity.
(7) A decision by the Minister to accept, or
refuse to accept, an environment plan is not
invalid only because the Minister did not
comply with the 30 day period in
subregulation (1) or (4).
13D Criteria for acceptance of environment
plan
The criteria for acceptance of an
environment plan under regulation 13C
are that the plan—
(a) is appropriate for the nature and scale
of the activity; and
(b) demonstrates that the environmental
impacts and risks of the activity will be
reduced to as low as reasonably
practicable; and
(c) demonstrates that the environmental
impacts and risks of the activity will be
of an acceptable level; and
(d) provides for appropriate environmental
performance outcomes, environmental
performance standards and
measurement criteria; and
(e) includes an appropriate implementation
strategy and monitoring, recording and
reporting arrangements; and
(f) demonstrates that—
(i) the titleholder has carried out the
consultation required by
regulation 13F; and
-- 16 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
15
(ii) the measures (if any) that the
titleholder has adopted, or
proposes to adopt, because of the
consultation are appropriate; and
(g) complies with the Act and these
Regulations.
13E Notice of decision on environment plan
and submission of summary
(1) The Minister must give the titleholder notice
in writing of a decision by the Minister to—
(a) accept the environment plan; or
(b) refuse to accept the plan; or
(c) accept the plan in part for a particular
stage of the activity, or subject to
limitations or conditions.
(2) A notice of a decision mentioned in
subregulation (1)(b) or (c) must set out—
(a) the terms of the decision and the
reasons for it; and
(b) any limitations or conditions that are to
apply to operations for the activity.
(3) Within 10 days after receiving notice that the
Minister has accepted an environment plan
(whether in full, in part or subject to
limitations or conditions), the titleholder
must submit a summary of the accepted plan
to the Minister for public disclosure.
(4) The summary—
(a) must include the following material
from the environment plan—
(i) the location of the activity;
-- 17 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
16
(ii) a description of the receiving
environment;
(iii) a description of the activity;
(iv) details of environmental impacts
and risks;
(v) a summary of the control
measures for the activity;
(vi) a summary of the arrangements
for ongoing monitoring of the
titleholder's environmental
performance;
(vii) a summary of environmental
emergency response
arrangements;
(viii) details of consultation already
undertaken, and plans for ongoing
consultation;
(ix) details of the titleholder's
nominated liaison person for the
activity; and
(b) must be to the satisfaction of the
Minister.
13F Consultation with relevant authorities,
persons and organisations, etc.
(1) In the course of preparing an environment
plan, or a variation of an environment plan, a
titleholder must consult each of the
following—
(a) any authority or entity of the State to
which the activities to be carried out
under the environment plan, or the
variation of the environment plan, may
be relevant;
-- 18 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
17
(b) a person or organisation whose
functions, interests or activities may be
affected by the activities to be carried
out under the environment plan, or the
variation of the environment plan;
(c) any other person or organisation that
the titleholder considers relevant.
(2) For the purpose of the consultation, the
titleholder must give each of those consulted
sufficient information to allow them to make
an informed assessment of the possible
consequences of the activity on their
functions, interests or activities.
(3) The titleholder must allow a reasonable
period for the consultation.".
10 Environmental assessment
(1) For regulation 15(3) of the Principal Regulations
substitute—
"(3) The environment plan must—
(a) describe the requirements, including
legislative requirements, that apply to
the activity and are relevant to the
environmental management of the
activity; and
(b) demonstrate how those requirements
will be met; and
(c) include details of the environmental
impacts and risks for the activity; and
(d) include an evaluation of all the impacts
and risks appropriate to the nature and
scale of each impact or risk; and
-- 19 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
18
(e) specify details of the control measures
that will be used to reduce the impacts
and risks of the activity to as low as
reasonably practicable and an
acceptable level.".
(2) In regulation 15(4) of the Principal Regulations—
(a) for "For the avoidance of doubt,
the evaluation mentioned in
subregulation (3)(b)" substitute
"To avoid doubt, the evaluation
mentioned in subregulation (3)(d)";
(b) in paragraph (a) omit ", including
construction".
(3) For regulation 15(5) and (6) of the Principal
Regulations substitute—
"(5) The environment plan must—
(a) set environmental performance
standards for the control measures
identified under subregulation (3)(e);
and
(b) set out the environmental performance
outcomes against which the
performance of the titleholder in
protecting the environment is to be
measured; and
(c) include measurement criteria that
the titleholder will use to determine
whether each environmental
performance outcome and
environmental performance standard
is being met.".
-- 20 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
19
11 Implementation strategy for the environment plan
(1) For regulation 16(2) and (3) of the Principal
Regulations substitute—
"(2) The implementation strategy must—
(a) state when the titleholder will report
to the Minister in relation to the
titleholder's environmental performance
for the activity; and
(b) provide that the interval between
reports will not be more than one year.
Note
Regulation 31A requires a titleholder to report on
environmental performance in accordance with the
timetable set out in the environment plan.
(3) The implementation strategy must contain
a description of the environmental
management system for the activity,
including specific measures to be used to
ensure that, for the duration of the activity—
(a) the environmental impacts and risks of
the activity continue to be identified
and reduced to a level that is as low as
reasonably practicable; and
(b) control measures detailed in the
environment plan are effective in
reducing the environmental impacts
and risks of the activity to as low as
reasonably practicable and an
acceptable level; and
(c) environmental performance
outcomes and standards set out
in the environment plan are being
met.".
-- 21 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
20
(2) In regulation 16(4) of the Principal Regulations,
for "plan." substitute "plan, including during
emergencies or potential emergencies.".
(3) In regulation 16(5) of the Principal Regulations,
after "plan" insert ", including during
emergencies or potential emergencies,".
(4) For regulation 16(6) and 16(7) of the Principal
Regulations substitute—
"(6) The implementation strategy must provide
for sufficient monitoring, recording, audit,
management of non-conformance and
review of the titleholder's environmental
performance and the implementation strategy
to ensure that the environmental performance
outcomes and standards in the environment
plan are being met.
(7) The implementation strategy must provide
for sufficient monitoring of, and maintaining
a quantitative record of, emissions and
discharges (whether occurring during
normal operations or otherwise), such that
the record can be used to assess whether the
environmental performance outcomes and
standards in the environment plan are being
met.".
(5) For regulation 16(8)(a) of the Principal
Regulations substitute—
"(a) relevant authorities or entities of the State;
and".
12 Environmental emergency response manual
In regulation 17(1) of the Principal Regulations,
for "establish and provide for" substitute
"include".
-- 22 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
21
13 Regulation 18 substituted
For regulation 18 of the Principal Regulations
substitute—
"18 Details of titleholder and liaison person
(1) The environment plan must include the
following details of the titleholder—
(a) name;
(b) business address;
(c) telephone number (if any);
(d) fax number (if any);
(e) email address (if any);
(f) if the titleholder is a body corporate
that has an ACN (within the meaning of
the Corporations Act)—ACN.
(2) The environment plan must also include the
following details of the titleholder's
nominated liaison person—
(a) name;
(b) business address;
(c) telephone number (if any);
(d) fax number (if any);
(e) email address (if any).
(3) The environment plan must include
arrangements for notifying the Minister of a
change in the titleholder's nominated liaison
person or a change in the contact details for
either the titleholder or the liaison person.".
-- 23 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
22
14 Other information in the environment plan
(1) In regulation 19(a) of the Principal Regulations,
for "operator's" substitute "titleholder's".
(2) In regulation 19(b) of the Principal Regulations,
for "operator" substitute "titleholder".
15 Regulation 20 substituted
For regulation 20 of the Principal Regulations
substitute—
"20 Variation because of a change, or
proposed change, of circumstances or
operations
(1) A titleholder may, with the Minister's
approval, submit to the Minister a proposed
variation of an environment plan before the
commencement of a new activity.
(2) A titleholder must submit to the Minister a
proposed variation of the environment plan
for an activity before the commencement of
any significant modification or new stage of
the activity that is not provided for in the
environment plan as currently in force.
(3) A titleholder must submit a proposed
variation of the environment plan for an
activity before, or as soon as practicable
after—
(a) the occurrence of any significant new
environmental impact or risk, or
significant increase in an existing
environmental impact or risk, not
provided for in the environment plan
in force for the activity; or
(b) the occurrence of a series of new
environmental impacts or risks,
or a series of increases in existing
-- 24 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
23
environmental impacts or risks, which,
taken together, amount to the
occurrence of—
(i) a significant new environmental
impact or risk; or
(ii) a significant increase in an
existing environmental impact or
risk—
that is not provided for in the
environment plan in force for the
activity.
(4) If a change in the titleholder will result
in a change in the manner in which the
environmental impacts and risks of an
activity are managed, the new titleholder
must submit a proposed variation of the
environment plan for the activity as soon as
practicable.".
16 Variation on request by the Minister
(1) For regulation 21(1) of the Principal Regulations
substitute—
"(1) A titleholder must submit to the Minister a
proposed variation of the environment plan
for an activity if the Minister requests the
titleholder to do so.".
(2) In regulation 21(3) of the Principal Regulations—
(a) for "operator" substitute "titleholder";
(b) for "operator's" substitute "titleholder's".
(3) In regulation 21(4) of the Principal Regulations,
for "operator" substitute "titleholder".
-- 25 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
24
(4) In regulation 21(5) of the Principal Regulations—
(a) for "operator of an activity" substitute
"titleholder";
(b) for "that" substitute "the".
(5) In regulation 21(6)(b), (c) and (d) and (7) of the
Principal Regulations, for "operator" substitute
"titleholder".
17 Variation at the end of each 5 years
(1) In regulation 22(1) of the Principal Regulations—
(a) for "The operator of an activity" substitute
"A titleholder";
(b) after "proposed variation of the environment
plan" insert "for an activity";
(c) in paragraph (c), for "environmental"
substitute "environment".
(2) In regulation 22(2) of the Principal Regulations,
for "operator" substitute "titleholder".
18 Form of proposed variation
In regulation 23 of the Principal Regulations, for
"operator" substitute "titleholder".
19 New regulation 23A inserted
After regulation 23 of the Principal Regulations
insert—
"23A Publication of information about
proposed variation
If a proposed variation of an environment
plan is submitted to the Minister, the
Minister must, as soon as practicable,
publicly disclose—
(a) the name of the titleholder; and
-- 26 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
25
(b) a description of the activity or stage of
the activity to which the revised
environment plan or revised part
relates; and
(c) the reason for the variation; and
(d) the location of the activity; and
(e) details of the titleholder's nominated
liaison person for the activity; and
(f) the decision (if any) made by the
Minister in relation to the revised
environment plan or revised part.".
20 Acceptance of a varied environment plan
(1) In regulation 24 of the Principal Regulations, for
"12 and 13" substitute "12, 13C, 13D and 13E".
(2) For the note at the foot of regulation 24 of the
Principal Regulations substitute—
"Note
These regulations deal with the consideration and
acceptance of an environment plan.".
21 Withdrawal of acceptance of environment plan
(1) In regulation 26(1) of the Principal Regulations,
for "operator of" substitute "titleholder for".
(2) In regulation 26(2) of the Principal Regulations—
(a) in paragraph (a), for "operator or instrument
holder" substitute "titleholder";
(b) in paragraph (b), for "operator" substitute
"titleholder";
(c) in paragraph (c), for "plan." substitute
"plan; or";
-- 27 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
26
(d) after paragraph (c) insert—
"(d) the Minister is not reasonably
satisfied, after 2 or more requests
for modification of a report on
environmental performance under
regulation 31A, that the titleholder
has given the Minister sufficient
information to enable the Minister to
determine whether the environmental
performance outcomes and standards in
the environment plan have been met.".
22 Steps to be taken before withdrawal of acceptance
(1) In regulation 27(2) and (4) of the Principal
Regulations, for "operator" substitute
"titleholder".
(2) In regulation 27(5) of the Principal Regulations—
(a) in paragraph (a), for "operator or instrument
holder" substitute "titleholder";
(b) in paragraph (b), for "operator" substitute
"titleholder".
23 Withdrawal of acceptance not affected by other
provisions
(1) In regulation 28(1) of the Principal Regulations,
for "operator or instrument holder" (where twice
occurring) substitute "titleholder".
(2) For regulation 28(2) of the Principal Regulations
substitute—
"(2) If the Minister withdraws the acceptance of
an environment plan on the ground that the
titleholder has not complied with a provision
of the Act, or of a regulation mentioned in
regulation 26(2)(b), the titleholder may be
convicted of an offence by reason of the
failure to comply with the provision even
-- 28 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
27
though the acceptance of the environment
plan has been withdrawn.".
24 New regulation 28A inserted
After regulation 28 of the Principal Regulations
insert—
"28A Environment plan ends when titleholder
notifies completion
The operation of an environment plan ends
when—
(a) the titleholder notifies the Minister
that—
(i) the activity or activities to which
the plan relates have ended; and
(ii) all of the obligations under the
environment plan have been
completed; and
(b) the Minister accepts the notification.".
25 Notifying reportable incidents
(1) For regulation 29(1) of the Principal Regulations
substitute—
"(1) A titleholder who undertakes an activity
must, if there is a reportable incident, notify
the reportable incident in accordance with
subregulation (3).
Penalty: In the case of a body corporate,
200 penalty units;
In the case of a natural person,
40 penalty units.".
(2) In regulation 29(2) of the Principal Regulations,
for "operator" substitute "titleholder".
-- 29 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
28
(3) In regulation 29(3) of the Principal Regulations—
(a) in paragraph (b)(ii), for "operator"
(where twice occurring) substitute
"titleholder";
(b) for paragraph (c) substitute—
"(c) must be oral; and";
(c) in paragraph (d)(i), for "operator"
substitute "titleholder";
(d) in paragraph (d)(iii), for "prevent a similar"
substitute "stop, control or remedy the".
(4) After regulation 29(3) of the Principal Regulations
insert—
"(4) As soon as practicable after the titleholder
notifies a reportable incident, the titleholder
must give a written record of the notification
to the Minister.
(5) The titleholder is not required to include in
the record anything that was not included in
the notification.".
26 Written report of reportable incidents
(1) For regulation 30(1) of the Principal Regulations
substitute—
"(1) A titleholder who undertakes an activity
must, if there is a reportable incident, submit
a written report of the reportable incident in
accordance with subregulation (3).
Penalty: In the case of a body corporate,
200 penalty units;
In the case of a natural person,
40 penalty units.".
(2) In regulation 30(2) of the Principal Regulations,
for "operator" substitute "titleholder".
-- 30 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
29
(3) In regulation 30(3) of the Principal Regulations—
(a) in paragraph (c)(i), for "operator" substitute
"titleholder"; and
(b) for paragraph (c)(iii) substitute—
"(iii) the corrective action that has been
taken, or is proposed to be taken, to
stop, control or remedy the reportable
incident; and
(iv) the action that has been taken, or is
proposed to be taken, to prevent a
similar incident occurring in the
future.".
27 New regulation 30A inserted
After regulation 30 of the Principal Regulations
insert—
"30A Additional written reports if requested
(1) This regulation applies if a titleholder
notifies a reportable incident in accordance
with regulation 29.
(2) The Minister may, by notice in writing,
require the titleholder to submit one or more
written reports of the reportable incident
after the written report required under
regulation 30.
(3) The notice must—
(a) identify the information to be contained
in a report or the matters to be
addressed; and
(b) specify when the report must be given
to the Minister.
(4) The date or time specified for giving the
report must give the titleholder a reasonable
time for preparing the report.
-- 31 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
30
(5) A titleholder must submit a written report of
a reportable incident in accordance with a
notice given by the Minister to the titleholder
under this regulation.
Penalty: In the case of a body corporate,
200 penalty units;
In the case of a natural person,
40 penalty units.
(6) Subregulation (5) does not apply if the
titleholder has a reasonable excuse.".
28 Reporting recordable incidents
(1) For regulation 31(1) of the Principal Regulations
substitute—
"(1) A titleholder who undertakes an activity
must, if there is a recordable incident, submit
a written report of the recordable incident in
accordance with this regulation.
Penalty: In the case of a body corporate,
200 penalty units;
In the case of a natural person,
40 penalty units.".
(2) In regulation 31(2) and (3)(d)(ii) of the Principal
Regulations, for "operator" substitute
"titleholder".
(3) For regulation 31(3)(d)(iv) of the Principal
Regulations substitute—
"(iv) the corrective action that has been taken, or
is proposed to be taken, to stop, control or
remedy the recordable incident; and
(v) the action that has been taken, or is proposed
to be taken, to prevent a similar incident
occurring in the future.".
-- 32 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
31
29 New regulation 31A inserted
After regulation 31 of the Principal Regulations
insert—
"31A Reporting environmental performance
(1) A titleholder undertaking an activity must
submit a report to the Minister in relation to
the titleholder's environmental performance
for the activity, at the intervals provided for
in the environment plan.
Note
Regulation 16(2) requires an environment plan to
state when the titleholder will submit reports.
(2) If the Minister is not reasonably satisfied that
a report is sufficient to enable the Minister to
determine whether the environmental
performance outcomes and standards in the
environment plan have been met, the
Minister may ask the titleholder to modify
the report.
(3) The request must—
(a) be in writing; and
(b) identify the reasons why the Minister is
not reasonably satisfied with the report.
Note
If the Minister is still not reasonably satisfied after 2 or
more requests for a modified report, this is a ground for the
Minister to withdraw acceptance of the environment plan—
see regulation 26(2)(d).".
-- 33 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
32
30 Regulation 32 substituted
For regulation 32 of the Principal Regulations
substitute—
"32 Storage of records
(1) A titleholder must store the environment
plan in force for an activity in a way that
makes retrieval of the environment plan
reasonably practicable.
Penalty: In the case of a body corporate,
150 penalty units;
In the case of a natural person,
30 penalty units.
(2) A titleholder must store a version of an
environment plan for an activity that was
previously in force in a way that makes
retrieval of the version reasonably
practicable.
Penalty: In the case of a body corporate,
150 penalty units;
In the case of a natural person,
30 penalty units.
(3) Subregulation (2) does not apply if it is
more than 5 years after the day on which
the version of the environment plan ceased
to be in force (whether because the plan
was revised, acceptance of the plan was
withdrawn, or the operation of the plan
ended).
-- 34 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
33
(4) A titleholder who creates a document or
other record specified in subregulation (6)
must store the document or record in a way
that makes retrieval of the document or
record reasonably practicable.
Penalty: In the case of a body corporate,
150 penalty units;
In the case of a natural person,
30 penalty units.
(5) Subregulation (4) does not apply if it is more
than 5 years after the day on which the
document or record was created.
(6) For the purpose of subregulation (4), the
documents or other records are—
(a) written reports (including monitoring,
audit and review reports) about
environmental performance, or about
the implementation strategy, under an
environment plan; and
(b) records relating to environmental
performance, or the implementation
strategy, under an environment plan;
and
(c) records of emissions and discharges
into the environment made in
accordance with an environment plan;
and
(d) records of calibration and maintenance
of monitoring devices used in
accordance with an environment plan;
and
-- 35 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
34
(e) records and copies of notifications or
reports mentioned in—
(i) regulations 29, 30 and 30A,
relating to reportable incidents;
and
(ii) regulation 31, relating to
recordable incidents; and
(iii) regulation 31A, relating to the
titleholder's environmental
performance for an activity.".
31 Making records available
(1) For regulation 33(1) of the Principal Regulations
substitute—
"(1) A titleholder must make available, in
accordance with this regulation, copies of
the records specified in regulation 32.
Penalty: In the case of a body corporate,
150 penalty units;
In the case of a natural person,
30 penalty units.".
(2) In regulation 33 of the Principal Regulations—
(a) in subregulations (2) and (3), for "operator"
substitute "titleholder";
(b) in subregulation (4), for "operator"
(where three times occurring) substitute
"titleholder";
(c) in subregulation (5)(a), for "the emergency"
substitute "an emergency";
(d) in subregulation (6)—
(i) for "nominated address" substitute
"place where the records are kept";
(ii) for "operator" substitute "titleholder";
-- 36 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
35
(e) in subregulation (7), for "operator"
substitute "titleholder".
32 Part 2.4 of Chapter 2 substituted
For Part 2.4 of Chapter 2 of the Principal
Regulations substitute—
"Part 2.4—Miscellaneous
34 Notifying start and end of activity
(1) A titleholder must notify the Minister that an
activity is to commence at least 10 days
before the activity commences.
(2) A titleholder must notify the Minister that an
activity is completed within 10 days after the
completion.
Penalty: In the case of a body corporate,
150 penalty units;
In the case of a natural person,
30 penalty units.
35 Titleholder may refer to information
previously given
(1) A titleholder who, under these Regulations,
is required to give the Minister information,
or include information in a document, may
refer to the information instead of giving it to
the Minister or including it in the document
if the information to be given or included is
the same information given previously to the
Minister for another purpose under the Act
or the Regulations.
(2) Subregulation (1) does not apply if the
Minister advises the titleholder that the
information is no longer available to the
Minister.
-- 37 of 39 --
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
36
(3) If the Minister has power to assess whether
information is sufficient or adequate for a
purpose, the Minister is not required to
accept that information is sufficient or
adequate for a purpose different from the
one for which it was originally given.".
33 Site plans—summary of draft site plan
In regulation 169(2) of the Principal
Regulations, for "Primary Industries" substitute
"Economic Development, Jobs, Transport and
Resources".
34 Decommissioning of structures, equipment and
other items of property
In the note at the foot of regulation 182(3) of the
Principal Regulations, for "Primary Industries"
substitute "Economic Development, Jobs,
Transport and Resources".
═══════════════
-- 38 of 39 --
Endnotes
Offshore Petroleum and Greenhouse Gas Storage Amendment
Regulations 2016
S.R. No. 123/2016
Authorised by the Chief Parliamentary Counsel
37
Endnotes
1 Reg. 3: S.R. No. 153/2011 as amended by S.R. Nos 133/2012
and 160/2012.
-- 39 of 39 --